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agere_sta_fw.bin -- 9.48 Hermes I
agere_ap_fw.bin  -- 9.48 Hermes I

The above firmware images were compiled from the Agere linux driver
wl_lkm_718_release.tar.gz, and dumped. The driver is coverred by the
following copyright and software license.

 * SOFTWARE LICENSE
 *
 * This software is provided subject to the following terms and conditions,
 * which you should read carefully before using the software.  Using this
 * software indicates your acceptance of these terms and conditions.  If you do
 * not agree with these terms and conditions, do not use the software.
 *
 * COPYRIGHT © 1994 - 1995  by AT&T.                All Rights Reserved
 * COPYRIGHT © 1996 - 2000 by Lucent Technologies.  All Rights Reserved
 * COPYRIGHT © 2001 - 2004  by Agere Systems Inc.   All Rights Reserved
 * All rights reserved.
 *
 * Redistribution and use in source or binary forms, with or without
 * modifications, are permitted provided that the following conditions are met:
 *
 * . Redistributions of source code must retain the above copyright notice, this
 *    list of conditions and the following Disclaimer as comments in the code as
 *    well as in the documentation and/or other materials provided with the
 *    distribution.
 *
 * . Redistributions in binary form must reproduce the above copyright notice,
 *    this list of conditions and the following Disclaimer in the documentation
 *    and/or other materials provided with the distribution.
 *
 * . Neither the name of Agere Systems Inc. nor the names of the contributors
 *    may be used to endorse or promote products derived from this software
 *    without specific prior written permission.
 *
 * Disclaimer
 *
 * THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
 * INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF
 * MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  ANY
 * USE, MODIFICATION OR DISTRIBUTION OF THIS SOFTWARE IS SOLELY AT THE USERS OWN
 * RISK. IN NO EVENT SHALL AGERE SYSTEMS INC. OR CONTRIBUTORS BE LIABLE FOR ANY
 * DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
 * (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
 * LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
 * ON ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, CONTRACT, STRICT
 * LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
 * OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
 * DAMAGE.

The following statement from Agere clarifies the status of the firmware

---
I would like to confirm that the two drivers; Linux LKM Wireless Driver
Source Code, Version 7.18 and Linux LKM Wireless Driver Source Code,
Version 7.22 comply with Open Source BSD License. Therefore the source
code can be distributed in unmodified or modified form consistent with
the terms of the license.

The Linux driver architecture was based on two modules, the MSF (Module
specific functions) and the HCF (Hardware Control Functions).  Included
in the HCF is run-time firmware (binary format) which is downloaded into
the RAM of the Hermes 1/2/2.5 WMAC.

This hex coded firmware is not based on any open source software and
hence it is not subject to any Open Source License.  The firmware was
developed by Agere and runs on the DISC processor embedded within the
Hermes 1/2/2.5 Wireless MAC devices. 

Hope this helps.

Sincerely,

Viren Pathare
Intellectual Property Licensing Manager
Agere
---