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Qwest License Agreement - Windows ME

To download the Intel® PRO/DSL 2100 Windows®
ME Version 1.2 software, your first step is to agree to
the following Qwest License Agreement. Please read through
the Agreement and if you are willing to accept the terms,
select the "I agree to these terms!" link at the
bottom of the page. You cannot begin the process of downloading
the software, until you select "I agree to these terms!"
Once you have agreed, you will then access the Intel®
Software License Agreement (Version 1.2, Single Copy).
SOFTWARE LICENSE
AGREEMENT
IF YOU ARE NOT A QWEST DSL TM CUSTOMER, ANY REPRODUCTION,
COPY, USE OR DOWNLOAD OF THIS SOFTWARE OR DOCUMENTATION IS
STRICTLY PROHIBITED AND SHALL VIOLATE UNITED STATES COPYRIGHT
LAWS.
(Intel® PRO/DSL
2100 Windows® ME Version 1.2 Driver)
1. INTRODUCTION
The Intel® PRO/DSL 2100 is
an Asymmetric Digital Subscriber Line (ADSL) internal modem,
which provides connectivity to Qwest DSLTM. Qwest is an authorized reseller of Intel® products
and has an agreement with Intel® Corporation to provide
operating system software and documentation for this hardware
to our Qwest DSLTM customers only.
This Agreement is intended to be a
binding contract between Qwest and the party ("User")
who clicks the "Agree" button below. This Agreement governs
the User's downloading, installation, setup, and use of the
Supplier Products (collectively referred to as the "Intel®
PRO/DSL 2100 modem Windows® ME Version 1.2 Driver"
or the "Software") that may be downloaded by User from this
Qwest web site.
2. TERMS.
- User represents and warrants that
User is a current Qwest DSLTM
Customer and is currently bound by a Intel® software
license agreement for the use of Intel® PRO/DSL
2100 Modem Windows® ME Version 1.2 Driver Software.
User acknowledges that User's use of the Software shall
also be subject to a separate Intel® license agreement.
If the terms of such license agreement(s) and this Agreement
conflict, the terms of this Agreement shall prevail with
respect to the relationship between Qwest
and the User.
- Qwest shall
charge no license fee for the Software.
- USER ACKNOWLEDGES THAT INSTALLATION
OF THE SOFTWARE REQUIRES SUBSTANTIAL TECHNICAL UNDERSTANDING
AND PROFICIENCY WITH ADSL MODEM SOFTWARE. USER ACKNOWLEDGES
THAT IMPROPER INSTALLATION OR SETUP OF THE SOFTWARE MAY
RENDER USER'S MODEM TEMPORARILY INOPERABLE AND REQUIRE TECHNICAL
SERVICE TO REGAIN OPERABILITY. USER HEREBY ACCEPTS THE AFOREMENTIONED
RISKS AND TAKES FULL RESPONSIBILITY FOR THEIR USE AND INSTALLATION
OF THE SOFTWARE.
- NEITHER QWEST®
NOR INTEL® SHALL BE LIABLE FOR ANY ERROR, MODEM PROBLEMS,
OR SERVICE INTERRUPTION CAUSED BY OR RELATING TO THE DOWNLOAD,
INSTALLATION, SETUP OR REMOVAL OF THE SOFTWARE.
- The specifications and information
contained in the download, installation and setup instructions
for the Software are subject to change without notice. All
statements, information, and recommendations in the Software
download, installation and setup instructions are provided
without warranty of any kind, express or implied.
- THE SOFTWARE, DOCUMENTATION AND
INSTRUCTIONS ARE PROVIDED AT NO CHARGE, AND, THEREFORE,
ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING
WITHOUT LIMITATION THE WARRANTIES THAT IT IS MERCHANTABLE,
FREE OF DEFECTS, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SOFTWARE, DOCUMENTATION AND INSTRUCTIONS IS BORNE BY USER.
SHOULD THE SOFTWARE OR INSTRUCTIONS PROVE DEFECTIVE IN ANY
RESPECT, USER, AND NOT INTEL® OR QWEST,
ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER
EXCEPT UNDER THIS DISCLAIMER.
- IN NO EVENT SHALL QWEST,
INTEL® OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT,
SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA
ARISING OUT OF THE USE OR INABILITY TO USE THE INSTALLATION
INSTRUCTIONS OR SOFTWARE, EVEN IF QWEST,
INTEL®, OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
- User acknowledges that there are
inherent dangers in the use of any software available for
download over the Internet and understands the potential
risks before downloading any Software from this web site.
User is solely responsible for adequate protection and backup
of the data and equipment used in connection with any of
the Software. Neither Qwest nor Intel®
will be liable for any damages that User may suffer in connection
with using, modifying or distributing any of the Software.
- User shall indemnify Qwest
for any breach by User of any representation or warranty
set forth herein.
- All claims between Qwest
and User arising out of this Agreement shall be resolved
by arbitration in accordance with the then current rules
of the American Arbitration Association. The arbitration
shall be conducted in Denver, Colorado, by a single arbitrator
engaged in the practice of law. The arbitrator's decision
and award shall be final and binding and may be entered
in any court with jurisdiction.
- This Agreement shall be governed
and construed by the laws of the State of Colorado, without
reference to its choice of law provisions.
- The Software is subject to United
States export control laws and may be subject to export
or import regulations in other countries. User is responsible
for strict compliance with such laws and regulations. User
represents and warrants that user is located in the United
States and will not download, use, transport or send the
Software outside of the United States or to any foreign
entity.
BY CLICKING THE "AGREE" BUTTON OR INSTALLING
OR USING THE SOFTWARE USER CONSENTS TO BE BOUND BY AND BECOMES
A PARTY TO THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF
THE TERMS OF THIS AGREEMENT, USER MUST CLICK THE BUTTON INDICATING
NON-ACCEPTANCE, AND USER MUST NOT INSTALL OR USE THE SOFTWARE.
I agree to these terms!
I DO NOT agree to these terms!
Intel® is a registered trademark
of the Intel Corporation Inc.
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