CableLabs® Proactive Network Maintenance SOFTWARE LICENSE

YOUR USE OF THE WI-FI APPLICATION SOFTWARE ("SOFTWARE") IS GOVERNED BY THE FOLLOWING LICENSE. YOUR USE OF THE SOFTWARE SERVES AS LICENSE TO THESE LICENSE TERMS. THE USE OF THE TERM "YOU" OR "YOUR" HEREIN IS TO BIND BOTH THE INDIVIDUAL USER AND ANY ENTITY ("COMPANY") THAT IS USING THE SOFTWARE.


CableLabs provides the Software as an aid in the proactive management of HFC networks and for better reactive diagnostics of and network issues. CableLabs makes no representation or warranty, express or implied, with respect to the completeness, accuracy, utility or non-infringement of Software or any information contained in the Software or related documentation. CableLabs' licensing of Software does not indicate CableLabs' endorsement of any particular technology or use of any particular technology.


LICENSE: This license for Software is provided royalty free to CableLabs' members, including a CableLabs' member agent, without right of distribution. You agree not to distribute the Software outside your own company. You agree to use this software in a lawful manner solely on the network of a CableLabs' member to manage a CableLabs' member's services. In the event the Software is distributed to a CableLabs' member agent, such agent will have an opportunity to review this license prior to using the Software and such use will be governed under the terms of this license.


MODIFICATION: Modifications to and derivative works created from the Software are permitted in accordance with the terms herein. You agree to email such modifications to CableLabs (pnm-ri@cablelabs.com) within 30 days from the date of the modification or creation of derivative work. You may include information identifying the author and/or your company as a contributor. As part of the consideration of this license, you agree that CableLabs shall hereby have a no cost, royalty free, irrevocable, perpetual license in such modification or derivative work to distribute, modify or create a derivative work from such modification or derivative work without any limitation and without any accounting to you.


INCORPORATION OF SOFTWARE INTO WORKS FOR DISTRIBUTION TO THIRD PARTIES: You may incorporate the Software, in binary form, into works for distribution solely to CableLabs' members (as listed at the CableLabs' website) and solely on a royalty free, no cost basis. Any such incorporation and distribution of the Software must contain the following text: "Portions of this software contain CableLabs® Proactive Network Maintenance Software, © Cable Television Laboratories, Inc. 2011. All Rights Reserved and is provided WITHOUT ABSOLUTELY NO WARRANTY."


BACKUP: You may make a reasonable number of backup copies of the Software for maintaining the integrity of the system in use or as may be permitted by law.


COPYRIGHT AND PROPRIETARY RIGHTS: The Software and its related documentation, published and unpublished are copyrighted works of CableLabs (Copyright 2011. All Rights Reserved). The Software is subject to the proprietary rights of CableLabs. CableLabs retains such proprietary rights, which include trade secret, copyright, inchoate patent or patent rights and any other form of proprietary right. You shall keep the Software free from any and all claims, liens, or encumbrances and any act purporting to create a claim, lien, or encumbrance on the Software shall be void.


OWNERSHIP: This License shall not constitute a sale of the any of the Software or any copy thereof nor of the magnetic or other physical media upon which the Software and any related documentation are recorded or fixed. CableLabs shall at all times remain the owner of the Software on the original media and subsequent copies thereof regardless of the form in which, or which media upon which, subsequent copies may exist.


WARRANTY: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFWARE IS PROVIDED "AS IS." CABLELABS DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND REPRESENTATIONS INCLUDING THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. CABLELABS IS NOT RESPONSIBLE FOR PROBLEMS CAUSED BY CHANGES MADE IN THE OPERATING CHARACTERISTICS OF THE COMPUTER HARDWARE, OPERATING SYSTEMS CAUSED BY THE INSTALLATION OR INTERACTION OF YOUR COMPUTER WITH THE SOFTWARE.


CABLELABS DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THE SOFTWARE IS ACCURATE OR CURRENT OR FREE FROM ERROR.


SOME OF THE SOFTWARE WITHIN THE PNM RI SUITE MAY CONTAIN RE-IMPLEMENTATION OF LIBRARIES ORIGINALLY CREATED BY SPIRAL 6.0, DEVELOPED AT CARNEGIE MELLON UNDER THE GNU GENERAL PURPOSE SOFTWARE LICENSE VERSION 2.0. SEE: (www.gnu.org/licenses/gpl-2.0.txt). SUCH LIBRARIES, IF AVAILABLE IS PROVIDED WITHOUT WARRANTY.


LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW: The Software is provided without cost and may contain defects or deficiencies that CableLabs will not or cannot correct. CableLabs is under no obligation to correct any defects in or otherwise maintain the Software. You agree to hold CableLabs harmless for any claims arising from or related to the use of the Software.


DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW: In no event shall CableLabs be liable for any damages, including, but not limited to, direct, indirect, incidental or consequential damages arising out of or in connection with the use of the Software or the information contained therein, or any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with this License, the Software or the information contained therein, whether in a contract or tort action, including negligence, even if CableLabs has been advised of the possibility of such damages. In the event CableLabs is subject to a judgment or award for damages arising from or related to the use of the Software, you agree any such judgment or award shall not exceed $1.00 U.S.


TERM: This license shall be valid until terminated. You may terminate it by destroying the Software and documentation and all copies thereof. This License will also terminate if you fail to comply with any term or condition of this License. You agree, upon such termination, to return to CableLabs, or destroy, all of the Software and documentation. CableLabs may terminate this license in the event of your material breach of its terms and conditions.


MISCELLANEOUS: the laws of the State of Colorado shall govern this License. Any dispute that cannot be resolved by the parties hereto shall be resolved by binding arbitration in Denver, Colorado by a sole arbitrator, under the Commercial Arbitration Rules of the American Arbitration Association. The language of the arbitration and the official language of this License is English. The parties have requested that this License and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette et tous atres documents envisagés par les présentes soient rédigés in anglais. You waive any right you may have under the laws of your country to have this License written in any other language. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this License. This License may not be assigned without the prior written consent of CableLabs; such consent shall not be unreasonably withheld or denied. You agree that this License is the exclusive statement of the License and supersedes any proposal or prior license, oral or written, and any other communication relating to the subject matter of this License. Any changes to this License must be in a mutually signed writing. Any waiver of any term or condition of this License shall not be deemed a waiver of any other term or condition. Any term or condition that a judicial or adjudicative body determines to be legally invalid shall be interpreted so as to give effect to the meaning and intent of said term.


If you have any questions concerning this License you may contact CableLabs at: pnm-ri@cablelabs.com.