pvrusb2/license-end-user.txt

   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.