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Qwest License Agreement - Windows XP™
To download the Intel PRO/DSL 2100 Windows XP software, the 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 (Single Copy).
SOFTWARE LICENSE AGREEMENT
IF YOU ARE NOT A Qwest DSL™ services 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 XP™)
1. INTRODUCTION
The Intel® PRO/DSL 2100 is an Asymmetric Digital Subscriber Line (ADSL) internal modem, which provides connectivity to Qwest DSL™ services. 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 DSL™ services 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 XP™" 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 DSL™ services Customer and is currently bound by a Intel® software license agreement for the use of Intel® PRO/DSL 2100 Modem Windows XP™ 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.
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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.
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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 OFTWARE, DOCUMENTATION AND INSTRUCTIONS IS BORNE BY USER. SHOULD THE SOFTWARE OR INSTRUCTIONS PROVE DEFECTIVE IN ANY RESPECT, USER, AND NOT INTEL® OR QWEST, SSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF HIS 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.
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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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