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Revision 1.1 - (hide annotations) (download)
Mon Feb 19 22:48:35 2007 UTC (7 years, 9 months ago) by cardoe
Branch: MAIN
CVS Tags: HEAD
Added Hauppauge Firmware license

1 cardoe 1.1 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.
129    
130    
131    
132     OEM/IHV/ISV FIRMWARE LICENSE AGREEMENT
133    
134     IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING THIS FIRMWARE
135    
136     Do not use or load this firmware image (the "Firmware") until you have
137     carefully read the following terms and conditions. By loading or using
138     the Firmware, you agree to the terms of this Agreement. If you do not
139     wish to so agree, do not install or use the Firmware.
140    
141     LICENSEES: Please note:
142    
143     * If you are an End-User, only the END-USER FIRMWARE LICENSE AGREEMENT
144     applies.
145    
146     * If you are an Original Equipment Manufacturer (OEM), Independent
147     Hardware Vendor (IHV), or Independent Firmware Vendor (ISV), the
148     OEM/IHV/ISV FIRMWARE LICENSE AGREEMENT applies (this license), as
149     well as the END-USER FIRMWARE LICENSE AGREEMENT.
150    
151     LICENSE. This Firmware is licensed for use only in conjunction with
152     Hauppauge component products. Use of the Firmware in conjunction with
153     non-Hauppauge component products is not licensed hereunder. Subject to
154     the terms of this Agreement, Hauppauge grants to you a nonexclusive,
155     nontransferable, worldwide, fully paid-up license under Hauppauge's
156     copyrights to: (i) copy the Firmware internally for your own
157     development and maintenance purposes; (ii) copy and distribute the
158     Firmware to your end-users, but only under a license agreement with
159     terms at least as restrictive as those contained in Hauppauge's
160     END-USER FIRMWARE LICENSE AGREEMENT; and (iii) modify, copy and
161     distribute the end-user documentation which may accompany the
162     Firmware, but only in association with the Firmware.
163    
164     If you are not the final manufacturer or vendor of a computer system
165     or firmware program incorporating the Firmware, then you may transfer
166     a copy of the Firmware, including any related documentation (modified
167     or unmodified) to your recipient for use in accordance with the terms
168     of this Agreement, provided such recipient agrees to be fully bound by
169     the terms hereof. You shall not otherwise assign, sublicense, lease,
170     or in any other way transfer or disclose Firmware to any third
171     party. You may not, nor may you assist any other person or entity to
172     modify, translate, convert to another programming language, decompile,
173     reverse engineer, or disassemble any portion of the Firmware or
174     otherwise attempt to derive source code from any object code modules
175     of the Firmware or any internal data files generated by the
176     Firmware. Your rights to redistribute the Firmware shall be contingent
177     upon your installation of this Agreement in its entirety in the same
178     directory as the Firmware.
179    
180     CONTRACTORS. For the purpose of this Agreement, and notwithstanding
181     anything to the contrary hereunder, solely with respect to the
182     requirements for compliance with the terms hereunder, any contractors
183     or consultants that You use to perform the work or otherwise assist
184     You in the development or products using this Firmware shall be deemed
185     to be End Users and accordingly, upon receipt of the Firmware, shall
186     be bound by the terms of the END-USER FIRMWARE LICENSE AGREEMENT. No
187     additional agreement between You and such consultants or contractors
188     is required under this Agreement to detail such compliance.
189    
190     TRADEMARKS. Except as expressly provided herein, you shall not use
191     Hauppauge's name in any publications, advertisements, or other
192     announcements without Hauppauge's prior written consent. You do not
193     have any rights to use any Hauppauge trademarks or logos.
194    
195     OWNERSHIP OF FIRMWARE AND COPYRIGHTS. Firmware and accompanying
196     materials, if any, are owned by Hauppauge or its suppliers and
197     licensors and may be protected by copyright, trademark, patent and
198     trade secret law and international treaties. Any rights, express or
199     implied, in the intellectual property embodied in the foregoing, other
200     than those specified in this Agreement, are reserved by Hauppauge and
201     its suppliers and licensors or otherwise as set forth in any
202     applicable open source license agreement. You will keep the Firmware
203     free of liens, attachments, and other encumbrances. You agree not to
204     remove any proprietary notices and/or any labels from the Firmware and
205     accompanying materials without prior written approval by Hauppauge
206    
207     EXCLUSION OF WARRANTIES.
208     THE FIRMWARE IS PROVIDED "AS IS" AND POSSIBLY WITH FAULTS. UNLESS
209     EXPRESSLY AGREED OTHERWISE, HAUPPAUGE AND ITS SUPPLIERS AND LICENSORS
210     DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR
211     OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
212     MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
213     Hauppauge does not warrant or assume responsibility for the accuracy
214     or completeness of any information, text, graphics, links or other
215     items contained within the Firmware. You assume all liability,
216     financial or otherwise, associated with Your use or disposition of the
217     Firmware.
218    
219     LIMITATION OF LIABILITY. IN NO EVENT SHALL HAUPPAUGE OR ITS SUPPLIERS
220     AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF
221     ACTION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS,
222     BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE,
223     MODIFICATION, OR INABILITY TO USE THE FIRMWARE, OR OTHERWISE, NOR FOR
224     PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND,
225     EVEN IF HAUPPAUGE OR ITS SUPPLIERS AND LICENSORS HAVE BEEN ADVISED OF
226     THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION
227     OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR
228     INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO
229     HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS.
230    
231     WAIVER AND AMENDMENT. No modification, amendment or waiver of any
232     provision of this Agreement shall be effective unless in writing and
233     signed by an officer of Hauppauge. No failure or delay in exercising
234     any right, power, or remedy under this Agreement shall operate as a
235     waiver of any such right, power or remedy. Without limiting the
236     foregoing, terms and conditions on any purchase orders or similar
237     materials submitted by you to Hauppauge, and any terms contained in
238     Hauppauges standard acknowledgment form that are in conflict with
239     these terms, shall be of no force or effect.
240    
241     SEVERABILITY. If any provision of this Agreement is held by a court of
242     competent jurisdiction to be contrary to law, such provision shall be
243     changed and interpreted so as to best accomplish the objectives of the
244     original provision to the fullest extent allowed by law and the
245     remaining provisions of this Agreement shall remain in full force and
246     effect.
247    
248     EXPORT RESTRICTIONS. Each party acknowledges that the Firmware is
249     subject to applicable import and export regulations of the United
250     States and of the countries in which each party transacts business,
251     specifically including U.S. Export Administration Act and Export
252     Administration Regulations. Each party shall comply with such laws and
253     regulations, as well as all other laws and regulations applicable to
254     the Firmware. Without limiting the generality of the foregoing, each
255     party agrees that it will not export, re-export, transfer or divert
256     any of the Firmware or the direct programs thereof to any restricted
257     place or party in accordance with U.S. export regulations. Note that
258     Firmware containing encryption may be subject to additional
259     restrictions.
260    
261     APPLICABLE LAWS. Claims arising under this Agreement shall be governed
262     by the laws of New York, excluding its principles of conflict of laws
263     and the United Nations Convention on Contracts for the Sale of
264     Goods. You may not export the Firmware in violation of applicable
265     export laws and regulations. Hauppauge is not obligated under any
266     other agreements unless they are in writing and signed by an
267     authorized representative of Hauppauge.
268    
269     GOVERNMENT RESTRICTED RIGHTS. The Firmware is provided with
270     "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government
271     is subject to restrictions as set forth in FAR52.227-14 and
272     DFAR252.227-7013 et seq. or their successors. Use of the Firmware by
273     the Government constitutes acknowledgment of Hauppauge's proprietary
274     rights therein. Contractor or Manufacturer is Hauppauge Computer
275     Works, Inc. 91 Cabot Court Hauppauge, NY 11788
276    
277     TERMINATION OF THIS AGREEMENT. Hauppauge may terminate this Agreement
278     at any time if you violate its terms. Upon termination, you will
279     immediately destroy the Firmware or return all copies of the Firmware
280     to Hauppauge.

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