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new firmware: add hauppauge HVR930C firmware
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1END-USER FIRMWARE LICENSE AGREEMENT
2
3IMPORTANT - PLEASE READ BEFORE COPYING, INSTALLING OR USING.
4
5Do not use or load this firmware image (the "Firmware") until you have
6carefully read the following terms and conditions. By loading or using
7the Firmware, you agree to the terms of this Agreement. If you do not
8wish to so agree, do not install or use the Firmware.
9
10LICENSEES: Please note:
11
12* If you are an End-User, only the END-USER FIRMWARE LICENSE AGREEMENT
13 applies (this license).
14
15* If you are an Original Equipment Manufacturer (OEM), Independent
16 Hardware Vendor (IHV), or Independent Firmware Vendor (ISV), the
17 OEM/IHV/ISVFIRMWARE LICENSE AGREEMENT applies, as well as the
18 END-USER FIRMWARE LICENSE AGREEMENT (this license).
19
20LICENSE. You may copy and use the Firmware, subject to these conditions:
21
221. This Firmware is licensed for use only in conjunction with
23 Hauppauge component products. Use of the Firmware in conjunction
24 with non-Hauppauge component products is not licensed hereunder.
25
262. You may not copy, modify, rent, sell, distribute or transfer any
27 part of the Firmware except as provided in this Agreement, and you
28 agree to prevent unauthorized copying of the Firmware.
29
303. You may not reverse engineer, decompile, or disassemble the Firmware.
31
324. You may not sublicense the Firmware.
33
345. The Firmware may contain the firmware or other property of third party
35 suppliers.
36
37TRADEMARKS. Except as expressly provided herein, you shall not use
38Hauppauge's name in any publications, advertisements, or other
39announcements without Hauppauge's prior written consent. You do not
40have any rights to use any Hauppauge trademarks or logos.
41
42OWNERSHIP OF FIRMWARE AND COPYRIGHTS. Title to all copies of the
43Firmware remains with Hauppauge or its suppliers. The Firmware is
44copyrighted and protected by the laws of the United States and other
45countries, and international treaty provisions. You may not remove any
46copyright notices from the Firmware. Hauppauge may make changes to the
47Firmware, or items referenced therein, at any time without notice, but
48is not obligated to support or update the Firmware. Except as
49otherwise expressly provided, Hauppauge grants no express or implied
50right under Hauppauge patents, copyrights, trademarks, or other
51intellectual property rights. You may transfer the Firmware only if a
52copy of this license accompanies the Firmware and the recipient agrees
53to be fully bound by these terms.
54
55EXCLUSION OF WARRANTIES.
56THE FIRMWARE IS PROVIDED "AS IS" AND POSSIBLY WITH FAULTS. UNLESS
57EXPRESSLY AGREED OTHERWISE, HAUPPAUGE AND ITS SUPPLIERS AND LICENSORS
58DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR
59OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
60MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
61Hauppauge does not warrant or assume responsibility for the accuracy
62or completeness of any information, text, graphics, links or other
63items contained within the Firmware. You assume all liability,
64financial or otherwise, associated with Your use or disposition of the
65Firmware.
66
67LIMITATION OF LIABILITY. IN NO EVENT SHALL HAUPPAUGE OR ITS SUPPLIERS
68AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF
69ACTION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS,
70BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE,
71MODIFICATION, OR INABILITY TO USE THE FIRMWARE, OR OTHERWISE, NOR FOR
72PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND,
73EVEN IF HAUPPAUGE OR ITS SUPPLIERS AND LICENSORS HAVE BEEN ADVISED OF
74THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION
75OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR
76INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO
77HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS.
78
79WAIVER AND AMENDMENT. No modification, amendment or waiver of any
80provision of this Agreement shall be effective unless in writing and
81signed by an officer of Hauppauge. No failure or delay in exercising
82any right, power, or remedy under this Agreement shall operate as a
83waiver of any such right, power or remedy. Without limiting the
84foregoing, terms and conditions on any purchase orders or similar
85materials submitted by you to Hauppauge, and any terms contained in
86Hauppauges standard acknowledgment form that are in conflict with
87these terms, shall be of no force or effect.
88
89SEVERABILITY. If any provision of this Agreement is held by a court of
90competent jurisdiction to be contrary to law, such provision shall be
91changed and interpreted so as to best accomplish the objectives of the
92original provision to the fullest extent allowed by law and the
93remaining provisions of this Agreement shall remain in full force and
94effect.
95
96EXPORT RESTRICTIONS. Each party acknowledges that the Firmware is
97subject to applicable import and export regulations of the United
98States and of the countries in which each party transacts business,
99specifically including U.S. Export Administration Act and Export
100Administration Regulations. Each party shall comply with such laws and
101regulations, as well as all other laws and regulations applicable to
102the Firmware. Without limiting the generality of the foregoing, each
103party agrees that it will not export, re-export, transfer or divert
104any of the Firmware or the direct programs thereof to any restricted
105place or party in accordance with U.S. export regulations. Note that
106Firmware containing encryption may be subject to additional
107restrictions.
108
109APPLICABLE LAWS. Claims arising under this Agreement shall be governed
110by the laws of New York, excluding its principles of conflict of laws
111and the United Nations Convention on Contracts for the Sale of
112Goods. You may not export the Firmware in violation of applicable
113export laws and regulations. Hauppauge is not obligated under any
114other agreements unless they are in writing and signed by an
115authorized representative of Hauppauge.
116
117GOVERNMENT RESTRICTED RIGHTS. The Firmware is provided with
118"RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government
119is subject to restrictions as set forth in FAR52.227-14 and
120DFAR252.227-7013 et seq. or their successors. Use of the Firmware by
121the Government constitutes acknowledgment of Hauppauge's proprietary
122rights therein. Contractor or Manufacturer is Hauppauge Computer
123Works, Inc. 91 Cabot Court Hauppauge, NY 11788
124
125TERMINATION OF THIS AGREEMENT. Hauppauge may terminate this Agreement
126at any time if you violate its terms. Upon termination, you will
127immediately destroy the Firmware or return all copies of the Firmware
128to Hauppauge.