
ATHEROS COMMUNICATIONS, INC. END USER LICENSE AGREEMENT
By clicking the "YES" button or otherwise signifying agreement in the manner indicated in this display window, you are agreeing to be bound by the following terms and conditions of use of this Software program and to abide by the constraints and requirements of this License Agreement.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.  IF YOU DO NOT AGREE TO BE SO BOUND, PROMPTLY DELETE THE SOFTWARE PROGRAM AND ALL ACCOMPANYING MATERIALS.
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This End User License Agreement ("Agreement") is a legal agreement between you ("End User") (either an individual or an entity) and Atheros Communications, Inc. ("Atheros") regarding the use of AtherosTM software.

1. License Grant and Restrictions.  Atheros grants End User a non-exclusive license to use the software program and related documentation ("Software") only in conjunction with a product including an Atheros Wireless LAN Chipset ("Component").  End User only obtains a non-exclusive license to use the object code version of the Software with a product including a Component and only in the country where the Component was purchased.  This Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  The Software is licensed, not sold.  Title does not pass to End User.  There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. 

2. Copies.  End User will not copy the Software except for archival purposes or as necessary to use it in accordance with this License Agreement.  End User agrees that all copies of the Software shall contain the same proprietary notices that appear on and in the Software.

3. No Reverse Engineering.  End User will not decompile, disassemble or otherwise reverse engineer the Software.  If End User is a European Union resident, information necessary to achieve interoperability with other programs is available upon request.

4. Assignment.  End User may assign its right under this Agreement to an assignee of all of End User's rights and interest to the Software and Component only if End User transfers all copies of the Software subject to this Agreement to such assignee and such assignee agrees to be bound by all the terms and conditions of this Agreement.

5. Termination.  Upon any violation of any of the provisions of this Agreement, End User's rights to use the Software shall automatically terminate and End User shall be obligated to destroy all copies of the Software.  End User may terminate this Agreement at any time by destroying the Software.

6. No Warranty.  THIS SOFTWARE IS PROVIDED "AS IS", WITH NO WARRANTIES.  TO THE FULL EXTENT ALLOWED BY LAW, ATHEROS DISCLAIMS ALL WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, TITLE, NON-INFRINGEMENT, AND ACCURACY OF INFORMATION GENERATED.

7. LIMITATION OF LIABILITY.  TO THE FULL EXTENT ALLOWED BY LAW, ATHEROS DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY DAMAGES THAT ARE NOT DIRECT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OR BREACH HEREOF, EVEN IF ATHEROS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.  THE MAXIMUM LIABILITY OF ATHEROS AND ITS LICENSORS AND DISTRIBUTORS TO END USER FOR DAMAGES SHALL NOT EXCEED THE LICENSE FEE PAID BY END USER FOR THE SOFTWARE LICENSED HEREUNDER.  THESE DISCLAIMERS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

8. Export.  The Software may only be operated, exported or re-exported in compliance with all applicable laws and export regulations of the United States and the country in which End User obtained them.  The Software is specifically subject to the U.S. Export Administration Regulations.  End User may not export, directly or indirectly, the Software or technical data licensed hereunder or the direct product thereof to any country, individual or entity for which the United States Government or any agency thereof, at the time of export, requires an export license or other government approval, without first obtaining such license or approval. 

9. U.S. Government Rights.  All Software and technical data are commercial in nature and developed solely at private expense.  The software program and documentation are deemed to be "commercial computer software" and "commercial computer software documentation", respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable.  Any use, modification, reproduction, release, performance, display or disclosure of the software program and/or documentation by the U.S. Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.  Any technical data provided that is not covered by the above provisions is deemed to be "technical data­commercial items" pursuant to DFAR Section 227.7015(a).  Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 227.7015(b). 

10. GENERAL. 

10.1 Entire Agreement; Other Signed License.  This Agreement represents the complete agreement concerning the matters covered and may be amended only by a writing executed by both parties.  However, if End User has in effect a signed license agreement with Atheros with respect to the Software covered by this Agreement, then notwithstanding any other provision in this Agreement, the terms of that signed license agreement shall control End User's use of the Software.  If any provision of this Agreement is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable.

10.2 Governing Law and Venue.  This Agreement is governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents, and by the laws of the United States.  The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement.  The Superior Court of Santa Clara County and/or the United States District Court for the Northern District of California shall have exclusive jurisdiction and venue over all controversies in connection herewith.
