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129 lines
6.5 KiB
Plaintext
129 lines
6.5 KiB
Plaintext
END-USER FIRMWARE LICENSE AGREEMENT
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IMPORTANT - PLEASE READ BEFORE COPYING, INSTALLING OR USING.
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Do not use or load this firmware image (the "Firmware") until you have
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carefully read the following terms and conditions. By loading or using
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the Firmware, you agree to the terms of this Agreement. If you do not
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wish to so agree, do not install or use the Firmware.
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LICENSEES: Please note:
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* If you are an End-User, only the END-USER FIRMWARE LICENSE AGREEMENT
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applies (this license).
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* If you are an Original Equipment Manufacturer (OEM), Independent
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Hardware Vendor (IHV), or Independent Firmware Vendor (ISV), the
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OEM/IHV/ISVFIRMWARE LICENSE AGREEMENT applies, as well as the
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END-USER FIRMWARE LICENSE AGREEMENT (this license).
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LICENSE. You may copy and use the Firmware, subject to these conditions:
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1. This Firmware is licensed for use only in conjunction with
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Hauppauge component products. Use of the Firmware in conjunction
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with non-Hauppauge component products is not licensed hereunder.
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2. You may not copy, modify, rent, sell, distribute or transfer any
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part of the Firmware except as provided in this Agreement, and you
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agree to prevent unauthorized copying of the Firmware.
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3. You may not reverse engineer, decompile, or disassemble the Firmware.
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4. You may not sublicense the Firmware.
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5. The Firmware may contain the firmware or other property of third party
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suppliers.
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TRADEMARKS. Except as expressly provided herein, you shall not use
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Hauppauge's name in any publications, advertisements, or other
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announcements without Hauppauge's prior written consent. You do not
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have any rights to use any Hauppauge trademarks or logos.
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OWNERSHIP OF FIRMWARE AND COPYRIGHTS. Title to all copies of the
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Firmware remains with Hauppauge or its suppliers. The Firmware is
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copyrighted and protected by the laws of the United States and other
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countries, and international treaty provisions. You may not remove any
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copyright notices from the Firmware. Hauppauge may make changes to the
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Firmware, or items referenced therein, at any time without notice, but
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is not obligated to support or update the Firmware. Except as
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otherwise expressly provided, Hauppauge grants no express or implied
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right under Hauppauge patents, copyrights, trademarks, or other
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intellectual property rights. You may transfer the Firmware only if a
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copy of this license accompanies the Firmware and the recipient agrees
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to be fully bound by these terms.
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EXCLUSION OF WARRANTIES.
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THE FIRMWARE IS PROVIDED "AS IS" AND POSSIBLY WITH FAULTS. UNLESS
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EXPRESSLY AGREED OTHERWISE, HAUPPAUGE AND ITS SUPPLIERS AND LICENSORS
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DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR
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OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
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MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
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Hauppauge does not warrant or assume responsibility for the accuracy
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or completeness of any information, text, graphics, links or other
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items contained within the Firmware. You assume all liability,
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financial or otherwise, associated with Your use or disposition of the
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Firmware.
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LIMITATION OF LIABILITY. IN NO EVENT SHALL HAUPPAUGE OR ITS SUPPLIERS
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AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF
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ACTION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS,
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BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE,
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MODIFICATION, OR INABILITY TO USE THE FIRMWARE, OR OTHERWISE, NOR FOR
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PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND,
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EVEN IF HAUPPAUGE OR ITS SUPPLIERS AND LICENSORS HAVE BEEN ADVISED OF
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THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION
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OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR
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INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO
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HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS.
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WAIVER AND AMENDMENT. No modification, amendment or waiver of any
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provision of this Agreement shall be effective unless in writing and
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signed by an officer of Hauppauge. No failure or delay in exercising
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any right, power, or remedy under this Agreement shall operate as a
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waiver of any such right, power or remedy. Without limiting the
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foregoing, terms and conditions on any purchase orders or similar
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materials submitted by you to Hauppauge, and any terms contained in
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Hauppauges standard acknowledgment form that are in conflict with
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these terms, shall be of no force or effect.
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SEVERABILITY. If any provision of this Agreement is held by a court of
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competent jurisdiction to be contrary to law, such provision shall be
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changed and interpreted so as to best accomplish the objectives of the
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original provision to the fullest extent allowed by law and the
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remaining provisions of this Agreement shall remain in full force and
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effect.
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EXPORT RESTRICTIONS. Each party acknowledges that the Firmware is
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subject to applicable import and export regulations of the United
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States and of the countries in which each party transacts business,
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specifically including U.S. Export Administration Act and Export
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Administration Regulations. Each party shall comply with such laws and
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regulations, as well as all other laws and regulations applicable to
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the Firmware. Without limiting the generality of the foregoing, each
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party agrees that it will not export, re-export, transfer or divert
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any of the Firmware or the direct programs thereof to any restricted
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place or party in accordance with U.S. export regulations. Note that
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Firmware containing encryption may be subject to additional
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restrictions.
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APPLICABLE LAWS. Claims arising under this Agreement shall be governed
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by the laws of New York, excluding its principles of conflict of laws
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and the United Nations Convention on Contracts for the Sale of
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Goods. You may not export the Firmware in violation of applicable
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export laws and regulations. Hauppauge is not obligated under any
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other agreements unless they are in writing and signed by an
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authorized representative of Hauppauge.
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GOVERNMENT RESTRICTED RIGHTS. The Firmware is provided with
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"RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government
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is subject to restrictions as set forth in FAR52.227-14 and
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DFAR252.227-7013 et seq. or their successors. Use of the Firmware by
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the Government constitutes acknowledgment of Hauppauge's proprietary
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rights therein. Contractor or Manufacturer is Hauppauge Computer
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Works, Inc. 91 Cabot Court Hauppauge, NY 11788
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TERMINATION OF THIS AGREEMENT. Hauppauge may terminate this Agreement
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at any time if you violate its terms. Upon termination, you will
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immediately destroy the Firmware or return all copies of the Firmware
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to Hauppauge.
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