Other Certificate / Approval

Readme OSS - InterCom-2.0

to the source code portions of the Software that are made by You as permitted by this Agreement. You

hereby grant, and agree to grant to QUALCOMM and its affiliates, a non-exclusive, perpetual,

irrevocable, worldwide, transferable, royalty-free license (with rights to sublicense) to make, use, offer

to sell, sell, reproduce, modify, make derivative works of, display, perform, import, export, distribute

and otherwise dispose of, directly or indirectly, any modifications and derivative works made by You,

either alone or as part of any products or services of QUALCOMM or any of its affiliates. Upon request

by QUALCOMM, You shall promptly disclose and provide to QUALCOMM all such modifications and

derivative works. This Agreement does not convey or otherwise provide to You title or any ownership

rights or interests in or to any intellectual property rights of QUALCOMM or any of its affiliates, including

but not limited to (1) those incorporated in the Software or any component of the Software, or (2) any

QUALCOMM patents, patent applications, works of authorship, trade secrets, know-how, ideas, or any

other subject matter protectable under intellectual property rights laws of any jurisdiction. As between

You and QUALCOMM, QUALCOMM is the sole and exclusive owner of and retains all right, title and

interest in and to all QUALCOMM software, including, without limitation, the items set forth in (1) and

(2) above and all intellectual property rights in each of the foregoing. Neither the delivery of any

Software nor any provision of this Agreement (including, without limitation, the rights and licenses

granted by QUALCOMM to You in Section 1 (License Grant)) shall be deemed or construed to grant to

You either expressly, by implication, by way of estoppel, or otherwise any right, license, or authority to

infringe or immunity from infringement liability under (i) any of QUALCOMM's or its affiliates' patents,

including, without limitation, any patents covering or relating to the Software, other software, or any

wireless telecommunications technology (such as, CDMA, WCDMA, OFDMA, OFDM, etc.) or any

broadcast technology (such as MediaFLO, DVB-H, ISDB-T, etc.), or (ii) any non-patent intellectual

property rights of QUALCOMM or its affiliates covering or relating to (a) any product or invention other

than the Software or (b) any combination of any Software or QUALCOMM software with any other

product or invention. Any rights not expressly granted to You herein are hereby reserved by

QUALCOMM. The foregoing limitations shall in no way be deemed a derogation of the express rights

granted by QUALCOMM in Section 1 (License Grant) to You.

2.2 Restricted Use. Except as otherwise expressly provided in Section 1 (License Grant) above, You may

copy the Software only for backup purposes. You shall reproduce and include all copyright and other

proprietary notices that are on the original copy of the Software on any copies of the Software that are

made. You shall not, and you shall not authorize or otherwise permit any third party to, incorporate,

link, distribute or use any third party software or code in conjunction with (i) the Software (ii) any

software, products, documentation, content or other materials developed using the Software, nor

(iii) any derivative works that You make using the source code portions of the Software (if any), in such a

way that: (a) creates, purports to create or has the potential to create, obligations with respect to the

Software or other QUALCOMM software, including without limitation the distribution or disclosure of

any source code; or (b) grants, purports to grant, or has the potential to grant to any third party any

rights to or immunities under any QUALCOMM intellectual property rights or proprietary rights,

including without limitation as such rights exist in or relate to the Software. Without limiting the

generality of the foregoing, You shall not engage in any act or failure to act, that enables, causes or

facilitates any use or distribution of the Software or any third-party software in a manner that causes

any patents, copyrights or other intellectual property rights owned or controlled by QUALCOMM or any

of its affiliates (or for which QUALCOMM or any of its affiliates has received license rights) to become