CDMA University

QUALCOMM INCORPORATED ("QUALCOMM") IS WILLING TO LICENSE ITS CDMA/WCDMA/UMTS PHYSICAL LAYER DVD SOFTWARE (THE "SOFTWARE") CONTAINED ON THE TRAINING DVDs SOLD THROUGH THIS SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS IN THIS AGREEMENT. CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT BEFORE INSERTING THE DVD INTO YOUR COMPUTER AUTOMATICALLY EXECUTING THE SOFTWARE.
BY INSERTING THE DVD INTO YOUR COMPUTER, WHICH AUTOMATICALLY EXECUTES THE SOFTWARE CONTAINED THEREON, YOU ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, NEITHER INSERT THE DVD INTO YOUR COMPUTER NOR EXECUTE THE SOFTWARE.

ANY USE OF THE SOFTWARE BY YOU IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN.
1. LICENSE. Subject to the terms and conditions of this License Agreement, QUALCOMM hereby grants you a nonexclusive license to use the Software in machine-readable form on a single personal computer. You may copy the Software only for backup purposes, if you reproduce all copyright and other proprietary notices that are on the original copy of The Software.

2. RESTRICTIONS. QUALCOMM retains all right, title, and interest in and to the Software, and any rights not expressly granted to you herein are reserved by QUALCOMM. The Software, including any images, photographs, animations, video, audio, music and text incorporated in the Software is owned by QUALCOMM and is protected by the United States copyright laws and international treaty provisions. You may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software, except to the extent (if at all) expressly permitted under any applicable law. If applicable law expressly permits such activities, any information so discovered or derived shall be deemed to be the confidential proprietary information of QUALCOMM and must be promptly disclosed by you to QUALCOMM. Any attempt to transfer any of the rights, duties or obligations hereunder is void. You may not rent, lease or loan the Software. You may not reproduce (except as expressly permitted under Section 1), distribute, publicly perform, publicly display, modify or create derivative works of or based on the Software.

3. LIMITED WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK.THE SOFTWARE (AND TECHNICAL SUPPORT, IF ANY) IS PROVIDED "AS IS"AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, QUALCOMM AND ANY APPLICABLE LICENSORS (FOR THE PURPOSES OF SECTIONS 3, 4 AND 5, QUALCOMM, QUALCOMM'S LICENSOR(S) AND CDMA DEVELOPMENT GROUP SHALL BE COLLECTIVELY REFERRED TO AS QUALCOMM) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. QUALCOMM DOES NOT WARRANT THAT THE FUNCTIONS OR INFORMATION CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, QUALCOMM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE INFORMATION PRESENTED BY, USE OF OR RELIANCE ON EITHER THE INFORMATION PRESENTED BY OR USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QUALCOMM OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

QUALCOMM, however, warrants the DVD on which the Software is furnished to be free from defects in material and workmanship for a period of ninety (90) days from the initial end user's date of acquisition of the Software. QUALCOMM's sole liability, and your sole remedy, for any breach of this warranty shall be, in QUALCOMM's sole discretion: (i) to repair or replace the defective DVD with a new or reconditioned DVD; or (ii) if the above remedy is impracticable, to refund the license fee you paid for the Software. In order to exercise your rights under this remedy, you must return the DVD to QUALCOMM, along with the dated and serialized proof of the purchase, transportation and insurance prepaid, within the above warranty period, and QUALCOMM must find that the DVD is defective within the terms of this warranty. DVDs repaired or replaced shall be returned by QUALCOMM to you, transportation and insurance prepaid. Returned defective DVDs shall become the property of QUALCOMM. If any DVD returned by you to QUALCOMM for repair or replacement is found by QUALCOMM, after examination and testing, not to be defective, QUALCOMM shall so advise you and shall dispose of any such disk in accordance with your instructions and at your cost, and you shall reimburse QUALCOMM for examination and testing expenses incurred at QUALCOMM's then current rates. Replaced Software shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date of shipment to you of the replaced Software.

QUALCOMM will use reasonable commercial efforts to repair, replace or refund pursuant to the foregoing warranty within thirty (30) days of being so notified. This warranty shall not apply if the Software is used on or in conjunction with hardware or Software other than the
unmodified version of hardware and Software with which the Software was designed to be used.

CONTINUED USE OR POSSESSION OF THE DVD AFTER EXPIRATION OF THE ABOVE NINETY (90) DAY WARRANTY PERIOD SHALL BE CONCLUSIVE EVIDENCE THAT THE WARRANTY IS FULFILLED TO THE FULL SATISFACTION OF THE END USER.
UMTS/WCDMA Handset Test Process
The warranty set forth above shall not apply to any failure or deficiency, which has been caused by misuse, neglect, alteration, unauthorized repair or modification, improper testing, accident or causes external to the DVD, such as, but not limited to, excessive heat or humidity, power failure or improper installation. QUALCOMM's warranty as set forth above shall not be enlarged, diminished, or affected by, and no liability shall arise out of QUALCOMM's rendering of technical advice or service in connection with your use of the Software.

The warranty set for the above is not assignable by you.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED.

4. LIMITATION OF LIABILITY. QUALCOMM'S SOLE LIABILITY UNDER THIS LICENSE AGREEMENT SHALL BE REPAIR, REPLACEMENT OR REFUND AS PROVIDED IN THE WARRANTY.TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL QUALCOMM, ITS AFFILIATES OR
THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT RELIANCE ON THE INFORMATION PRESENT BY, THE USE OF, OR INABILITY TO USE THE SOFTWARE, EVEN IF QUALCOMM OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THEREFORE, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. IN NO EVENT SHALL QUALCOMM'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR THE SOFTWARE.

5. INDEMNITY. You agree to defend and indemnify QUALCOMM against all claims, losses, liabilities, damages, costs and expenses, including attorney's fees, which QUALCOMM may incur because of or in connection with your breach of this Agreement.

6. TERM AND TERMINATION. This Agreement shall continue until terminated. You may terminate the Agreement at any time by deleting all copies of the Software and all related information or by returning them to QUALCOMM. This Agreement terminates immediately and automatically, with or without notice, if you fail to comply with any provision hereof. Additionally, QUALCOMM may at any time terminate this Agreement, without cause, upon notice to you. Upon termination you must delete, destroy, or return to QUALCOMM all copies of the Software in your possession. Sections 2 through six, AND nine survive termination.

7. GOVERNMENT END USERS. If you are or are acting on behalf of an agency or instrumentality of the United States Government, the Software, as applicable, is "commercial computer software" and "commercial computer software documentation" and pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction and disclosure of the Software is governed by the terms of this Agreement.

8. CONTRACTING PARTIES. If the Software is executed on any computer owned by a corporation or other legal entity, then this Agreement is formed by and between QUALCOMM and such entity. The individual executing this Agreement represents and warrants to QUALCOMM that they have the authority to bind such entity to the terms and conditions of this Agreement.

9. GENERAL. This Agreement is governed and interpreted in accordance with the laws of the State of California without giving effect to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed and shall not apply. Any claim arising out of or related to this Agreement must be brought exclusively in a federal or state court located in San Diego County, California and you consent to the jurisdiction of such courts. If any provision of this Agreement shall be invalid, the validity of the remaining provisions of this Agreement shall
not be affected. This Agreement is the entire and exclusive agreement between QUALCOMM and you with respect to the Software and supersedes all prior agreements (whether written or oral) and other communications between QUALCOMM and you with respect to the Software.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY RETURN THE SOFTWARE AND THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND.

QUALCOMM IS A REGISTERED TRADEMARK AND REGISTERED SERVICE MARK OF QUALCOMM INCORPORATED. BREW
IS A TRADEMARK AND SERVICE MARK OF QUALCOMM INCORPORATED.ALL OTHER TRADEMARKS AND SERVICE
MARKS ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.

Terms of Use
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