firmware/license-oemihvisv.txt

   1 OEM/IHV/ISV FIRMWARE LICENSE AGREEMENT
   2
   3 IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING THIS FIRMWARE
   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.
  14
  15 * If you are an Original Equipment Manufacturer (OEM), Independent
  16   Hardware Vendor (IHV), or Independent Firmware Vendor (ISV), the
  17   OEM/IHV/ISV FIRMWARE LICENSE AGREEMENT applies (this license), as
  18   well as the END-USER FIRMWARE LICENSE AGREEMENT.
  19
  20 LICENSE. This Firmware is licensed for use only in conjunction with
  21 Hauppauge component products. Use of the Firmware in conjunction with
  22 non-Hauppauge component products is not licensed hereunder. Subject to
  23 the terms of this Agreement, Hauppauge grants to you a nonexclusive,
  24 nontransferable, worldwide, fully paid-up license under Hauppauge's
  25 copyrights to: (i) copy the Firmware internally for your own
  26 development and maintenance purposes; (ii) copy and distribute the
  27 Firmware to your end-users, but only under a license agreement with
  28 terms at least as restrictive as those contained in Hauppauge's
  29 END-USER FIRMWARE LICENSE AGREEMENT; and (iii) modify, copy and
  30 distribute the end-user documentation which may accompany the
  31 Firmware, but only in association with the Firmware.
  32
  33 If you are not the final manufacturer or vendor of a computer system
  34 or firmware program incorporating the Firmware, then you may transfer
  35 a copy of the Firmware, including any related documentation (modified
  36 or unmodified) to your recipient for use in accordance with the terms
  37 of this Agreement, provided such recipient agrees to be fully bound by
  38 the terms hereof. You shall not otherwise assign, sublicense, lease,
  39 or in any other way transfer or disclose Firmware to any third
  40 party. You may not, nor may you assist any other person or entity to
  41 modify, translate, convert to another programming language, decompile,
  42 reverse engineer, or disassemble any portion of the Firmware or
  43 otherwise attempt to derive source code from any object code modules
  44 of the Firmware or any internal data files generated by the
  45 Firmware. Your rights to redistribute the Firmware shall be contingent
  46 upon your installation of this Agreement in its entirety in the same
  47 directory as the Firmware.
  48
  49 CONTRACTORS. For the purpose of this Agreement, and notwithstanding
  50 anything to the contrary hereunder, solely with respect to the
  51 requirements for compliance with the terms hereunder, any contractors
  52 or consultants that You use to perform the work or otherwise assist
  53 You in the development or products using this Firmware shall be deemed
  54 to be End Users and accordingly, upon receipt of the Firmware, shall
  55 be bound by the terms of the END-USER FIRMWARE LICENSE AGREEMENT. No
  56 additional agreement between You and such consultants or contractors
  57 is required under this Agreement to detail such compliance.
  58
  59 TRADEMARKS. Except as expressly provided herein, you shall not use
  60 Hauppauge's name in any publications, advertisements, or other
  61 announcements without Hauppauge's prior written consent. You do not
  62 have any rights to use any Hauppauge trademarks or logos.
  63
  64 OWNERSHIP OF FIRMWARE AND COPYRIGHTS. Firmware and accompanying
  65 materials, if any, are owned by Hauppauge or its suppliers and
  66 licensors and may be protected by copyright, trademark, patent and
  67 trade secret law and international treaties. Any rights, express or
  68 implied, in the intellectual property embodied in the foregoing, other
  69 than those specified in this Agreement, are reserved by Hauppauge and
  70 its suppliers and licensors or otherwise as set forth in any
  71 applicable open source license agreement. You will keep the Firmware
  72 free of liens, attachments, and other encumbrances. You agree not to
  73 remove any proprietary notices and/or any labels from the Firmware and
  74 accompanying materials without prior written approval by Hauppauge
  75
  76 EXCLUSION OF WARRANTIES.
  77 THE FIRMWARE IS PROVIDED "AS IS" AND POSSIBLY WITH FAULTS. UNLESS
  78 EXPRESSLY AGREED OTHERWISE, HAUPPAUGE AND ITS SUPPLIERS AND LICENSORS
  79 DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR
  80 OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
  81 MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
  82 Hauppauge does not warrant or assume responsibility for the accuracy
  83 or completeness of any information, text, graphics, links or other
  84 items contained within the Firmware. You assume all liability,
  85 financial or otherwise, associated with Your use or disposition of the
  86 Firmware.
  87
  88 LIMITATION OF LIABILITY. IN NO EVENT SHALL HAUPPAUGE OR ITS SUPPLIERS
  89 AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF
  90 ACTION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS,
  91 BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE,
  92 MODIFICATION, OR INABILITY TO USE THE FIRMWARE, OR OTHERWISE, NOR FOR
  93 PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND,
  94 EVEN IF HAUPPAUGE OR ITS SUPPLIERS AND LICENSORS HAVE BEEN ADVISED OF
  95 THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION
  96 OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR
  97 INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO
  98 HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS.
  99
 100 WAIVER AND AMENDMENT. No modification, amendment or waiver of any
 101 provision of this Agreement shall be effective unless in writing and
 102 signed by an officer of Hauppauge. No failure or delay in exercising
 103 any right, power, or remedy under this Agreement shall operate as a
 104 waiver of any such right, power or remedy. Without limiting the
 105 foregoing, terms and conditions on any purchase orders or similar
 106 materials submitted by you to Hauppauge, and any terms contained in
 107 Hauppauges standard acknowledgment form that are in conflict with
 108 these terms, shall be of no force or effect.
 109
 110 SEVERABILITY. If any provision of this Agreement is held by a court of
 111 competent jurisdiction to be contrary to law, such provision shall be
 112 changed and interpreted so as to best accomplish the objectives of the
 113 original provision to the fullest extent allowed by law and the
 114 remaining provisions of this Agreement shall remain in full force and
 115 effect.
 116
 117 EXPORT RESTRICTIONS. Each party acknowledges that the Firmware is
 118 subject to applicable import and export regulations of the United
 119 States and of the countries in which each party transacts business,
 120 specifically including U.S. Export Administration Act and Export
 121 Administration Regulations. Each party shall comply with such laws and
 122 regulations, as well as all other laws and regulations applicable to
 123 the Firmware. Without limiting the generality of the foregoing, each
 124 party agrees that it will not export, re-export, transfer or divert
 125 any of the Firmware or the direct programs thereof to any restricted
 126 place or party in accordance with U.S. export regulations. Note that
 127 Firmware containing encryption may be subject to additional
 128 restrictions.
 129
 130 APPLICABLE LAWS. Claims arising under this Agreement shall be governed
 131 by the laws of New York, excluding its principles of conflict of laws
 132 and the United Nations Convention on Contracts for the Sale of
 133 Goods. You may not export the Firmware in violation of applicable
 134 export laws and regulations. Hauppauge is not obligated under any
 135 other agreements unless they are in writing and signed by an
 136 authorized representative of Hauppauge.
 137
 138 GOVERNMENT RESTRICTED RIGHTS. The Firmware is provided with
 139 "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government
 140 is subject to restrictions as set forth in FAR52.227-14 and
 141 DFAR252.227-7013 et seq. or their successors. Use of the Firmware by
 142 the Government constitutes acknowledgment of Hauppauge's proprietary
 143 rights therein. Contractor or Manufacturer is Hauppauge Computer
 144 Works, Inc.  91 Cabot Court Hauppauge, NY 11788
 145
 146 TERMINATION OF THIS AGREEMENT. Hauppauge may terminate this Agreement
 147 at any time if you violate its terms. Upon termination, you will
 148 immediately destroy the Firmware or return all copies of the Firmware
 149 to Hauppauge.