SnapGear, Inc., its parent, affiliates and subsidiaries, (collectively, "SnapGear") make no warranty and accepts no liability whatesoever for the use of SnapGear Embedded Linux (the "PRODUCT"). The PRODUCT is licensed and provided "as is" without warranty of any kind, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose or a warranty of non-infringement. LICENSE Terms and Conditions for Copying, Distributing, and Modifying 1. You may copy and distribute exact replicas of the PRODUCT as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the PRODUCT a copy of this License along with the PRODUCT. You may at your option charge a fee for the media and/or handling involved in creating a unique copy of the PRODUCT for use offline, you may at your option offer instructional support for the PRODUCT in exchange for a fee, or you may at your option offer warranty in exchange for a fee. You may not charge a fee for the PRODUCT itself. You may not charge a fee for the sole service of providing access to and/or use of the PRODUCT via a network (e.g. the Internet), whether it be via the world wide web, FTP, or any other method. 2. You may modify your copy or copies of the PRODUCT or any portion of it, thus forming works based on the Content, and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a) You must cause the modified content to carry prominent notices stating that you changed it, the exact nature and content of the changes, and the date of any change. b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the PRODUCT or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License, unless otherwise permitted under applicable Fair Use law. These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the PRODUCT, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the PRODUCT, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Exceptions are made to this requirement to release modified works free of charge under this license only in compliance with Fair Use law where applicable. 3. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to copy, distribute or modify the PRODUCT. These actions are prohibited by law if you do not accept this License. Therefore, by distributing or translating the PRODUCT, or by deriving works herefrom, you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or translating the PRODUCT. NO WARRANTY 4. BECAUSE THE PRODUCT IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PRODUCT, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PRODUCT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK OF USE OF THE PRODUCT IS WITH YOU. SHOULD THE PRODUCT PROVE FAULTY, INACCURATE, OR OTHERWISE UNACCEPTABLE YOU ASSUME THE COST OF ALL NECESSARY REPAIR OR CORRECTION. 5. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MIRROR AND/OR REDISTRIBUTE THE PRODUCT AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.