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WiMedia Logical Link Layer Control Protocol Specification Download

WiMedia Limited Copyright License Agreement
To download the WiMedia Logical Link Control Protocol Specification (the "*Specification"), you, the person or entity requesting to download and/or receive access to the Specification (“Recipient”) must agree to the terms and conditions of this WiMedia Limited Copyright License Agreement (the “Agreement”) by and between the WiMedia Alliance, Inc. (“WiMedia*”) and Recipient. Fill out the form below and press Agree to apply for access to the Specification. Recipient represents to WiMedia that the information listed below is accurate and correct.
NO WIMEDIA PROMOTER, CONTRIBUTOR OR ADOPTER MEMBER SHALL BE BOUND TO THE TERMS OR CONDITIONS OF THIS AGREEMENT WHILE IT IS A PROMOTER, CONTRIBUTOR OR ADOPTER MEMBER. THIS AGREEMENT DOES BIND ALL WIMEDIA SUPPORTER MEMBERS AND NON-MEMBERS.
The Specification is available to individuals, companies and institutions free of charge exclusively for the purpose of reviewing the Specification as specified and further limited herein.
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LEGAL TERMS AND CONDITIONS
BY INSTALLING, COPYING, DOWNLOADING, RECEIVING, REVIEWING OR OTHERWISE USING THE SPECIFICATION (AS DEFINED BELOW), RECIPIENT AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
*1. The Specification. “Specification”* shall mean the WiMedia Logical Link Control Protocol Specification downloaded by Recipient. WiMedia reserves the right to change the Specification at any time without notice to Recipient.
2. Limited Copyright Grant. Provided Recipient complies with all terms and conditions of this Agreement, WiMedia grants Recipient a non-exclusive, revocable, temporary, royalty-free, personal copyright license to copy, display and distribute the Specification solely for the purpose of reviewing such Specification. The scope of this limited license does not permit Recipient or Recipient’s organization to create any products based on the Specification, in whole or in part, or to use the Specification in whole or in part for any commercial use.
3. Other Restrictions. WiMedia reserves all rights not expressly granted to Recipient herein. Without limiting the generality of the foregoing, Recipient shall not: (i) disclose the Specification outside the Recipient's corporation or organization; (ii) disclose the Specification without prominently displaying the terms of this Agreement with the Specification and binding each recipient to the terms of this Agreement; (iii) modify or create derivative works based upon the Specification; (iv) commercially distribute products based on the Specification, in whole or in part, sublicense, resell or otherwise transfer the Specification; (v) embed the Specification, in whole or in part, or any derivation thereof in any product; or (vi) rent, lease, lend, or use the Specification for commercial use.
4. Ownership of the Specification. All title and intellectual property in and to the Specification are owned by WiMedia and its licensor(s), if any.
5. Termination. This Agreement and any and all rights hereunder may be terminated by WiMedia upon notice for any reason or no reason at all. Upon termination of this Agreement, Recipient shall immediately cease any and all use of the Specification and destroy all copies of the Specification within its control.
6. No Warranties. RECIPIENT ACKNOWLEDGES AND AGREES THAT THE SPECIFICATION IS PROVIDED "AS IS" AND WITH NO WARRANTIES WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, FITNESS OF ANY PARTICULAR PURPOSE, OR ANY WARRANTY OTHERWISE ARISING OUT OF THE SPECIFICATION AND/OR THIS AGREEMENT. THE RECIPIENT'S USE OF THE SPECIFICATION IS SOLELY AT THE RECIPIENT'S OWN RISK.
7. Limitation of Liability. IN NO EVENT SHALL WIMEDIA OR ANY WIMEDIA MEMBER BE LIABLE OR OBLIGATED TO THE RECIPIENT OR ANY THIRD PARTY IN ANY MANNER FOR ANY DIRECT, SPECIAL, NON-COMPENSATORY, CONSEQUENTIAL, INDIRECT, INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOST REVENUE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF WIMEDIA OR ANY WIMEDIA MEMBER HAS BEEN INFORMED OF OR IS AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES AVAILABLE TO THE RECIPIENT. THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THE RECIPIENT HAS FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FINDS IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF WIMEDIA AND THE WIMEDIA MEMBERS PERMITTING ACCESS TO THE SPECIFICATION. RECIPIENT FURTHER ACKNOWLEDGES AND AGREES THAT WIMEDIA AND THE WIMEDIA MEMBERS WOULD NOT HAVE PROVIDED THE RECIPIENT WITH ACCESS TO THE SPECIFICATION UNLESS THE RECIPIENT FULLY AGREED TO THE LIMITATIONS SET FORTH ABOVE. RECIPIENTS’ SOLE AND EXCLUSIVE REMEDIES AND EXCLUSIVE LIABILITIES ARE SET FORTH IN THIS AGREEMENT.
8. Third Party Rights. Certain elements of the Specification may be subject to third party intellectual property rights, including without limitation, patent, trademark and copyright rights. WiMedia is not responsible and shall not be held responsible in any manner for identifying or failing to identify any or all such third party intellectual property rights.
10. General. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other part of this Agreement, but this Agreement shall be construed as not containing the particular provision or provisions held to be invalid or unenforceable. No delay or omission by either party to exercise any right occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained. Nothing set forth in this Agreement shall be deemed or construed to render the parties as joint venturers, partners or employer and employee. This Agreement, together with any documents referenced herein, sets forth the entire, final and exclusive agreement between the parties as to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, between the parties; provided, however, that a WiMedia promoter, contributor or adopter member shall not be bound to the terms of this Agreement while it is a promoter, contributor or adopter member of WiMedia. This Agreement may be modified only pursuant to a writing executed by authorized representatives of WiMedia and Recipient. This Agreement, and all the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement or the transaction(s) contemplated by it, shall be governed by, construed and enforced in accordance with the laws of the State of California (excluding any conflict of laws provisions of the State of California that would refer to and apply the substantive laws of another jurisdiction). RECIPIENT CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE FEDERAL AND STATE COURTS AND VENUE LOCATED IN SAN FRANCISCO, CALIFORNIA.
11. Trademarks WiMedia is a registered trademark or service mark of the WiMedia Alliance, Inc. in the US and other countries. All other trademarks, registered trademarks, or service marks used in this document are the property of their respective owners and are hereby recognized. Recipient shall not have any rights to reproduce WiMedia’s trademarks or service marks except with WiMedia’s prior written consent. BY CLICKING “AGREE” BELOW, RECIPIENT AGREES TO ALL OF THE FOREGOING TERMS AND CONDITIONS. IF RECIPIENT DOES NOT AGREE TO THESE TERMS AND CONDITIONS, RECIPIENT SHALL NOT CLICK ON “AGREE” BELOW.