HomePlug Green PHY Specification
Release Version 1.1.1
Copyright © 2013 HomePlug Powerline Alliance, Inc. All rights reserved. iv
Subject To the Terms and Conditions of the HomePlug Limited Copyright License
Agreement or the HomePlug Sponsor Members and Associate Members Agreements
FINDS IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF
HOMEPLUG AND THE HOMEPLUG MEMBERS PERMITTING ACCESS TO THE SPECIFICATION.
SPECIFICATION RECIPIENT FURTHER ACKNOWLEDGES AND AGREES THAT HOMEPLUG AND THE
HOMEPLUG MEMBERS AND ASSOCIATE MEMBERS WOULD NOT HAVE PROVIDED THE SPECIFICATION
RECIPIENT WITH ACCESS TO THE SPECIFICATION UNLESS THE SPECIFICATION RECIPIENT FULLY
AGREED TO THE LIMITATIONS SET FORTH ABOVE. SPECIFICATION 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.
HomePlug 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.
9. Non-Applicability to Certain HomePlug Members and Associate Members. Notwithstanding
anything to the contrary in this Agreement, no HomePlug Sponsor Member, Contributor Associate,
Participant Associate or Adopter Associate shall be bound to the terms or conditions of this
Agreement while it is a member of HomePlug. This Agreement does bind all HomePlug Supporter
Associates and non-members.
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 HomePlug Sponsor Member, Contributor Associate, Participant
Associate, Adopter Associate shall not be bound to the terms of this Agreement while it is a
HomePlug Member or Associate Member. This Agreement may be modified only pursuant to a
writing executed by authorized representatives of HomePlug and Specification 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). SPECIFICATION RECIPIENT CONSENTS TO THE EXCLUSIVE
PERSONAL JURISDICTION OF THE FEDERAL AND STATE COURTS AND VENUE LOCATED IN SAN
FRANCISCO, CALIFORNIA.
11. Trademarks. HomePlug is a registered trademark or service mark of the HomePlug Powerline
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. Specification Recipient shall not have any rights to reproduce HomePlug’s
trademarks or service marks except with HomePlug’s prior written consent.
