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1 | END-USER FIRMWARE LICENSE AGREEMENT |
2 | ||
3 | IMPORTANT - PLEASE READ BEFORE COPYING, INSTALLING OR USING. | |
4 | ||
5 | Do not use or load this firmware image (the "Firmware") until you have | |
6 | carefully read the following terms and conditions. By loading or using | |
7 | the Firmware, you agree to the terms of this Agreement. If you do not | |
8 | wish to so agree, do not install or use the Firmware. | |
9 | ||
10 | LICENSEES: 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 | ||
20 | LICENSE. You may copy and use the Firmware, subject to these conditions: | |
21 | ||
22 | 1. 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 | ||
26 | 2. 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 | ||
30 | 3. You may not reverse engineer, decompile, or disassemble the Firmware. | |
31 | ||
32 | 4. You may not sublicense the Firmware. | |
33 | ||
34 | 5. The Firmware may contain the firmware or other property of third party | |
35 | suppliers. | |
36 | ||
37 | TRADEMARKS. Except as expressly provided herein, you shall not use | |
38 | Hauppauge's name in any publications, advertisements, or other | |
39 | announcements without Hauppauge's prior written consent. You do not | |
40 | have any rights to use any Hauppauge trademarks or logos. | |
41 | ||
42 | OWNERSHIP OF FIRMWARE AND COPYRIGHTS. Title to all copies of the | |
43 | Firmware remains with Hauppauge or its suppliers. The Firmware is | |
44 | copyrighted and protected by the laws of the United States and other | |
45 | countries, and international treaty provisions. You may not remove any | |
46 | copyright notices from the Firmware. Hauppauge may make changes to the | |
47 | Firmware, or items referenced therein, at any time without notice, but | |
48 | is not obligated to support or update the Firmware. Except as | |
49 | otherwise expressly provided, Hauppauge grants no express or implied | |
50 | right under Hauppauge patents, copyrights, trademarks, or other | |
51 | intellectual property rights. You may transfer the Firmware only if a | |
52 | copy of this license accompanies the Firmware and the recipient agrees | |
53 | to be fully bound by these terms. | |
54 | ||
55 | EXCLUSION OF WARRANTIES. | |
56 | THE FIRMWARE IS PROVIDED "AS IS" AND POSSIBLY WITH FAULTS. UNLESS | |
57 | EXPRESSLY AGREED OTHERWISE, HAUPPAUGE AND ITS SUPPLIERS AND LICENSORS | |
58 | DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR | |
59 | OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF | |
60 | MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. | |
61 | Hauppauge does not warrant or assume responsibility for the accuracy | |
62 | or completeness of any information, text, graphics, links or other | |
63 | items contained within the Firmware. You assume all liability, | |
64 | financial or otherwise, associated with Your use or disposition of the | |
65 | Firmware. | |
66 | ||
67 | LIMITATION OF LIABILITY. IN NO EVENT SHALL HAUPPAUGE OR ITS SUPPLIERS | |
68 | AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF | |
69 | ACTION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, | |
70 | BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE, | |
71 | MODIFICATION, OR INABILITY TO USE THE FIRMWARE, OR OTHERWISE, NOR FOR | |
72 | PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, | |
73 | EVEN IF HAUPPAUGE OR ITS SUPPLIERS AND LICENSORS HAVE BEEN ADVISED OF | |
74 | THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION | |
75 | OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR | |
76 | INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO | |
77 | HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. | |
78 | ||
79 | WAIVER AND AMENDMENT. No modification, amendment or waiver of any | |
80 | provision of this Agreement shall be effective unless in writing and | |
81 | signed by an officer of Hauppauge. No failure or delay in exercising | |
82 | any right, power, or remedy under this Agreement shall operate as a | |
83 | waiver of any such right, power or remedy. Without limiting the | |
84 | foregoing, terms and conditions on any purchase orders or similar | |
85 | materials submitted by you to Hauppauge, and any terms contained in | |
86 | Hauppauges standard acknowledgment form that are in conflict with | |
87 | these terms, shall be of no force or effect. | |
88 | ||
89 | SEVERABILITY. If any provision of this Agreement is held by a court of | |
90 | competent jurisdiction to be contrary to law, such provision shall be | |
91 | changed and interpreted so as to best accomplish the objectives of the | |
92 | original provision to the fullest extent allowed by law and the | |
93 | remaining provisions of this Agreement shall remain in full force and | |
94 | effect. | |
95 | ||
96 | EXPORT RESTRICTIONS. Each party acknowledges that the Firmware is | |
97 | subject to applicable import and export regulations of the United | |
98 | States and of the countries in which each party transacts business, | |
99 | specifically including U.S. Export Administration Act and Export | |
100 | Administration Regulations. Each party shall comply with such laws and | |
101 | regulations, as well as all other laws and regulations applicable to | |
102 | the Firmware. Without limiting the generality of the foregoing, each | |
103 | party agrees that it will not export, re-export, transfer or divert | |
104 | any of the Firmware or the direct programs thereof to any restricted | |
105 | place or party in accordance with U.S. export regulations. Note that | |
106 | Firmware containing encryption may be subject to additional | |
107 | restrictions. | |
108 | ||
109 | APPLICABLE LAWS. Claims arising under this Agreement shall be governed | |
110 | by the laws of New York, excluding its principles of conflict of laws | |
111 | and the United Nations Convention on Contracts for the Sale of | |
112 | Goods. You may not export the Firmware in violation of applicable | |
113 | export laws and regulations. Hauppauge is not obligated under any | |
114 | other agreements unless they are in writing and signed by an | |
115 | authorized representative of Hauppauge. | |
116 | ||
117 | GOVERNMENT RESTRICTED RIGHTS. The Firmware is provided with | |
118 | "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government | |
119 | is subject to restrictions as set forth in FAR52.227-14 and | |
120 | DFAR252.227-7013 et seq. or their successors. Use of the Firmware by | |
121 | the Government constitutes acknowledgment of Hauppauge's proprietary | |
122 | rights therein. Contractor or Manufacturer is Hauppauge Computer | |
123 | Works, Inc. 91 Cabot Court Hauppauge, NY 11788 | |
124 | ||
125 | TERMINATION OF THIS AGREEMENT. Hauppauge may terminate this Agreement | |
126 | at any time if you violate its terms. Upon termination, you will | |
127 | immediately destroy the Firmware or return all copies of the Firmware | |
128 | to Hauppauge. |