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281 lines
15 KiB
281 lines
15 KiB
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
|
|
foregoing, terms and conditions on any purchase orders or similar
|
|
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
|
|
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
|
|
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
|
|
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
|
|
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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OEM/IHV/ISV FIRMWARE LICENSE AGREEMENT
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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
|
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well as the END-USER FIRMWARE LICENSE AGREEMENT.
|
|
|
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LICENSE. This Firmware is licensed for use only in conjunction with
|
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Hauppauge component products. Use of the Firmware in conjunction with
|
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non-Hauppauge component products is not licensed hereunder. Subject to
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the terms of this Agreement, Hauppauge grants to you a nonexclusive,
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nontransferable, worldwide, fully paid-up license under Hauppauge's
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copyrights to: (i) copy the Firmware internally for your own
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development and maintenance purposes; (ii) copy and distribute the
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Firmware to your end-users, but only under a license agreement with
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terms at least as restrictive as those contained in Hauppauge's
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END-USER FIRMWARE LICENSE AGREEMENT; and (iii) modify, copy and
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distribute the end-user documentation which may accompany the
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Firmware, but only in association with the Firmware.
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If you are not the final manufacturer or vendor of a computer system
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or firmware program incorporating the Firmware, then you may transfer
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a copy of the Firmware, including any related documentation (modified
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or unmodified) to your recipient for use in accordance with the terms
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of this Agreement, provided such recipient agrees to be fully bound by
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the terms hereof. You shall not otherwise assign, sublicense, lease,
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or in any other way transfer or disclose Firmware to any third
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party. You may not, nor may you assist any other person or entity to
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modify, translate, convert to another programming language, decompile,
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reverse engineer, or disassemble any portion of the Firmware or
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otherwise attempt to derive source code from any object code modules
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of the Firmware or any internal data files generated by the
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Firmware. Your rights to redistribute the Firmware shall be contingent
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upon your installation of this Agreement in its entirety in the same
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directory as the Firmware.
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CONTRACTORS. For the purpose of this Agreement, and notwithstanding
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anything to the contrary hereunder, solely with respect to the
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requirements for compliance with the terms hereunder, any contractors
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or consultants that You use to perform the work or otherwise assist
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You in the development or products using this Firmware shall be deemed
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to be End Users and accordingly, upon receipt of the Firmware, shall
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be bound by the terms of the END-USER FIRMWARE LICENSE AGREEMENT. No
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additional agreement between You and such consultants or contractors
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is required under this Agreement to detail such compliance.
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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
|
|
announcements without Hauppauge's prior written consent. You do not
|
|
have any rights to use any Hauppauge trademarks or logos.
|
|
|
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OWNERSHIP OF FIRMWARE AND COPYRIGHTS. Firmware and accompanying
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materials, if any, are owned by Hauppauge or its suppliers and
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licensors and may be protected by copyright, trademark, patent and
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trade secret law and international treaties. Any rights, express or
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implied, in the intellectual property embodied in the foregoing, other
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than those specified in this Agreement, are reserved by Hauppauge and
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its suppliers and licensors or otherwise as set forth in any
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applicable open source license agreement. You will keep the Firmware
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free of liens, attachments, and other encumbrances. You agree not to
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remove any proprietary notices and/or any labels from the Firmware and
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accompanying materials without prior written approval by Hauppauge
|
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EXCLUSION OF WARRANTIES.
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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.
|