| END-USER FIRMWARE LICENSE AGREEMENT |
| |
| IMPORTANT - PLEASE READ BEFORE COPYING, INSTALLING OR USING. |
| |
| Do not use or load this firmware image (the "Firmware") until you have |
| carefully read the following terms and conditions. By loading or using |
| the Firmware, you agree to the terms of this Agreement. If you do not |
| wish to so agree, do not install or use the Firmware. |
| |
| LICENSEES: Please note: |
| |
| * If you are an End-User, only the END-USER FIRMWARE LICENSE AGREEMENT |
| applies (this license). |
| |
| * If you are an Original Equipment Manufacturer (OEM), Independent |
| Hardware Vendor (IHV), or Independent Firmware Vendor (ISV), the |
| OEM/IHV/ISVFIRMWARE LICENSE AGREEMENT applies, as well as the |
| END-USER FIRMWARE LICENSE AGREEMENT (this license). |
| |
| LICENSE. You may copy and use the Firmware, subject to these conditions: |
| |
| 1. This Firmware is licensed for use only in conjunction with |
| Hauppauge component products. Use of the Firmware in conjunction |
| with non-Hauppauge component products is not licensed hereunder. |
| |
| 2. You may not copy, modify, rent, sell, distribute or transfer any |
| part of the Firmware except as provided in this Agreement, and you |
| agree to prevent unauthorized copying of the Firmware. |
| |
| 3. You may not reverse engineer, decompile, or disassemble the Firmware. |
| |
| 4. You may not sublicense the Firmware. |
| |
| 5. The Firmware may contain the firmware or other property of third party |
| suppliers. |
| |
| TRADEMARKS. Except as expressly provided herein, you shall not use |
| Hauppauge's name in any publications, advertisements, or other |
| announcements without Hauppauge's prior written consent. You do not |
| have any rights to use any Hauppauge trademarks or logos. |
| |
| OWNERSHIP OF FIRMWARE AND COPYRIGHTS. Title to all copies of the |
| Firmware remains with Hauppauge or its suppliers. The Firmware is |
| copyrighted and protected by the laws of the United States and other |
| countries, and international treaty provisions. You may not remove any |
| copyright notices from the Firmware. Hauppauge may make changes to the |
| Firmware, or items referenced therein, at any time without notice, but |
| is not obligated to support or update the Firmware. Except as |
| otherwise expressly provided, Hauppauge grants no express or implied |
| right under Hauppauge patents, copyrights, trademarks, or other |
| intellectual property rights. You may transfer the Firmware only if a |
| copy of this license accompanies the Firmware and the recipient agrees |
| to be fully bound by these terms. |
| |
| EXCLUSION OF WARRANTIES. |
| THE FIRMWARE IS PROVIDED "AS IS" AND POSSIBLY WITH FAULTS. UNLESS |
| EXPRESSLY AGREED OTHERWISE, HAUPPAUGE AND ITS SUPPLIERS AND LICENSORS |
| DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR |
| OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF |
| MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. |
| Hauppauge does not warrant or assume responsibility for the accuracy |
| or completeness of any information, text, graphics, links or other |
| items contained within the Firmware. You assume all liability, |
| financial or otherwise, associated with Your use or disposition of the |
| Firmware. |
| |
| LIMITATION OF LIABILITY. IN NO EVENT SHALL HAUPPAUGE OR ITS SUPPLIERS |
| AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF |
| ACTION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, |
| BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE, |
| MODIFICATION, OR INABILITY TO USE THE FIRMWARE, OR OTHERWISE, NOR FOR |
| PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, |
| EVEN IF HAUPPAUGE OR ITS SUPPLIERS AND LICENSORS HAVE BEEN ADVISED OF |
| THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION |
| OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR |
| INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO |
| HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. |
| |
| WAIVER AND AMENDMENT. No modification, amendment or waiver of any |
| provision of this Agreement shall be effective unless in writing and |
| signed by an officer of Hauppauge. No failure or delay in exercising |
| any right, power, or remedy under this Agreement shall operate as a |
| waiver of any such right, power or remedy. Without limiting the |
| foregoing, terms and conditions on any purchase orders or similar |
| materials submitted by you to Hauppauge, and any terms contained in |
| Hauppauges standard acknowledgment form that are in conflict with |
| these terms, shall be of no force or effect. |
| |
| SEVERABILITY. If any provision of this Agreement is held by a court of |
| competent jurisdiction to be contrary to law, such provision shall be |
| changed and interpreted so as to best accomplish the objectives of the |
| original provision to the fullest extent allowed by law and the |
| remaining provisions of this Agreement shall remain in full force and |
| effect. |
| |
| EXPORT RESTRICTIONS. Each party acknowledges that the Firmware is |
| subject to applicable import and export regulations of the United |
| States and of the countries in which each party transacts business, |
| specifically including U.S. Export Administration Act and Export |
| Administration Regulations. Each party shall comply with such laws and |
| regulations, as well as all other laws and regulations applicable to |
| the Firmware. Without limiting the generality of the foregoing, each |
| party agrees that it will not export, re-export, transfer or divert |
| any of the Firmware or the direct programs thereof to any restricted |
| place or party in accordance with U.S. export regulations. Note that |
| Firmware containing encryption may be subject to additional |
| restrictions. |
| |
| APPLICABLE LAWS. Claims arising under this Agreement shall be governed |
| by the laws of New York, excluding its principles of conflict of laws |
| and the United Nations Convention on Contracts for the Sale of |
| Goods. You may not export the Firmware in violation of applicable |
| export laws and regulations. Hauppauge is not obligated under any |
| other agreements unless they are in writing and signed by an |
| authorized representative of Hauppauge. |
| |
| GOVERNMENT RESTRICTED RIGHTS. The Firmware is provided with |
| "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government |
| is subject to restrictions as set forth in FAR52.227-14 and |
| DFAR252.227-7013 et seq. or their successors. Use of the Firmware by |
| the Government constitutes acknowledgment of Hauppauge's proprietary |
| rights therein. Contractor or Manufacturer is Hauppauge Computer |
| Works, Inc. 91 Cabot Court Hauppauge, NY 11788 |
| |
| TERMINATION OF THIS AGREEMENT. Hauppauge may terminate this Agreement |
| at any time if you violate its terms. Upon termination, you will |
| immediately destroy the Firmware or return all copies of the Firmware |
| to Hauppauge. |
| |
| |
| |
| OEM/IHV/ISV FIRMWARE LICENSE AGREEMENT |
| |
| IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING THIS FIRMWARE |
| |
| Do not use or load this firmware image (the "Firmware") until you have |
| carefully read the following terms and conditions. By loading or using |
| the Firmware, you agree to the terms of this Agreement. If you do not |
| wish to so agree, do not install or use the Firmware. |
| |
| LICENSEES: Please note: |
| |
| * If you are an End-User, only the END-USER FIRMWARE LICENSE AGREEMENT |
| applies. |
| |
| * If you are an Original Equipment Manufacturer (OEM), Independent |
| Hardware Vendor (IHV), or Independent Firmware Vendor (ISV), the |
| OEM/IHV/ISV FIRMWARE LICENSE AGREEMENT applies (this license), as |
| well as the END-USER FIRMWARE LICENSE AGREEMENT. |
| |
| LICENSE. This Firmware is licensed for use only in conjunction with |
| Hauppauge component products. Use of the Firmware in conjunction with |
| non-Hauppauge component products is not licensed hereunder. Subject to |
| the terms of this Agreement, Hauppauge grants to you a nonexclusive, |
| nontransferable, worldwide, fully paid-up license under Hauppauge's |
| copyrights to: (i) copy the Firmware internally for your own |
| development and maintenance purposes; (ii) copy and distribute the |
| Firmware to your end-users, but only under a license agreement with |
| terms at least as restrictive as those contained in Hauppauge's |
| END-USER FIRMWARE LICENSE AGREEMENT; and (iii) modify, copy and |
| distribute the end-user documentation which may accompany the |
| Firmware, but only in association with the Firmware. |
| |
| If you are not the final manufacturer or vendor of a computer system |
| or firmware program incorporating the Firmware, then you may transfer |
| a copy of the Firmware, including any related documentation (modified |
| or unmodified) to your recipient for use in accordance with the terms |
| of this Agreement, provided such recipient agrees to be fully bound by |
| the terms hereof. You shall not otherwise assign, sublicense, lease, |
| or in any other way transfer or disclose Firmware to any third |
| party. You may not, nor may you assist any other person or entity to |
| modify, translate, convert to another programming language, decompile, |
| reverse engineer, or disassemble any portion of the Firmware or |
| otherwise attempt to derive source code from any object code modules |
| of the Firmware or any internal data files generated by the |
| Firmware. Your rights to redistribute the Firmware shall be contingent |
| upon your installation of this Agreement in its entirety in the same |
| directory as the Firmware. |
| |
| CONTRACTORS. For the purpose of this Agreement, and notwithstanding |
| anything to the contrary hereunder, solely with respect to the |
| requirements for compliance with the terms hereunder, any contractors |
| or consultants that You use to perform the work or otherwise assist |
| You in the development or products using this Firmware shall be deemed |
| to be End Users and accordingly, upon receipt of the Firmware, shall |
| be bound by the terms of the END-USER FIRMWARE LICENSE AGREEMENT. No |
| additional agreement between You and such consultants or contractors |
| is required under this Agreement to detail such compliance. |
| |
| TRADEMARKS. Except as expressly provided herein, you shall not use |
| Hauppauge's name in any publications, advertisements, or other |
| announcements without Hauppauge's prior written consent. You do not |
| have any rights to use any Hauppauge trademarks or logos. |
| |
| OWNERSHIP OF FIRMWARE AND COPYRIGHTS. Firmware and accompanying |
| materials, if any, are owned by Hauppauge or its suppliers and |
| licensors and may be protected by copyright, trademark, patent and |
| trade secret law and international treaties. Any rights, express or |
| implied, in the intellectual property embodied in the foregoing, other |
| than those specified in this Agreement, are reserved by Hauppauge and |
| its suppliers and licensors or otherwise as set forth in any |
| applicable open source license agreement. You will keep the Firmware |
| free of liens, attachments, and other encumbrances. You agree not to |
| remove any proprietary notices and/or any labels from the Firmware and |
| accompanying materials without prior written approval by Hauppauge |
| |
| EXCLUSION OF WARRANTIES. |
| THE FIRMWARE IS PROVIDED "AS IS" AND POSSIBLY WITH FAULTS. UNLESS |
| EXPRESSLY AGREED OTHERWISE, HAUPPAUGE AND ITS SUPPLIERS AND LICENSORS |
| DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR |
| OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF |
| MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. |
| Hauppauge does not warrant or assume responsibility for the accuracy |
| or completeness of any information, text, graphics, links or other |
| items contained within the Firmware. You assume all liability, |
| financial or otherwise, associated with Your use or disposition of the |
| Firmware. |
| |
| LIMITATION OF LIABILITY. IN NO EVENT SHALL HAUPPAUGE OR ITS SUPPLIERS |
| AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF |
| ACTION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, |
| BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE, |
| MODIFICATION, OR INABILITY TO USE THE FIRMWARE, OR OTHERWISE, NOR FOR |
| PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, |
| EVEN IF HAUPPAUGE OR ITS SUPPLIERS AND LICENSORS HAVE BEEN ADVISED OF |
| THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION |
| OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR |
| INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO |
| HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. |
| |
| WAIVER AND AMENDMENT. No modification, amendment or waiver of any |
| provision of this Agreement shall be effective unless in writing and |
| signed by an officer of Hauppauge. No failure or delay in exercising |
| any right, power, or remedy under this Agreement shall operate as a |
| waiver of any such right, power or remedy. Without limiting the |
| foregoing, terms and conditions on any purchase orders or similar |
| materials submitted by you to Hauppauge, and any terms contained in |
| Hauppauges standard acknowledgment form that are in conflict with |
| these terms, shall be of no force or effect. |
| |
| SEVERABILITY. If any provision of this Agreement is held by a court of |
| competent jurisdiction to be contrary to law, such provision shall be |
| changed and interpreted so as to best accomplish the objectives of the |
| original provision to the fullest extent allowed by law and the |
| remaining provisions of this Agreement shall remain in full force and |
| effect. |
| |
| EXPORT RESTRICTIONS. Each party acknowledges that the Firmware is |
| subject to applicable import and export regulations of the United |
| States and of the countries in which each party transacts business, |
| specifically including U.S. Export Administration Act and Export |
| Administration Regulations. Each party shall comply with such laws and |
| regulations, as well as all other laws and regulations applicable to |
| the Firmware. Without limiting the generality of the foregoing, each |
| party agrees that it will not export, re-export, transfer or divert |
| any of the Firmware or the direct programs thereof to any restricted |
| place or party in accordance with U.S. export regulations. Note that |
| Firmware containing encryption may be subject to additional |
| restrictions. |
| |
| APPLICABLE LAWS. Claims arising under this Agreement shall be governed |
| by the laws of New York, excluding its principles of conflict of laws |
| and the United Nations Convention on Contracts for the Sale of |
| Goods. You may not export the Firmware in violation of applicable |
| export laws and regulations. Hauppauge is not obligated under any |
| other agreements unless they are in writing and signed by an |
| authorized representative of Hauppauge. |
| |
| GOVERNMENT RESTRICTED RIGHTS. The Firmware is provided with |
| "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government |
| is subject to restrictions as set forth in FAR52.227-14 and |
| DFAR252.227-7013 et seq. or their successors. Use of the Firmware by |
| the Government constitutes acknowledgment of Hauppauge's proprietary |
| rights therein. Contractor or Manufacturer is Hauppauge Computer |
| Works, Inc. 91 Cabot Court Hauppauge, NY 11788 |
| |
| TERMINATION OF THIS AGREEMENT. Hauppauge may terminate this Agreement |
| at any time if you violate its terms. Upon termination, you will |
| immediately destroy the Firmware or return all copies of the Firmware |
| to Hauppauge. |