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Revision 1.1 - (show annotations) (download)
Mon Feb 19 22:48:35 2007 UTC (7 years, 4 months ago) by cardoe
Branch: MAIN
CVS Tags: HEAD
Added Hauppauge Firmware license

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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