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-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.