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diff --git a/licenses/Hauppauge-Firmware b/licenses/Hauppauge-Firmware new file mode 100644 index 000000000000..2122f5ae22d3 --- /dev/null +++ b/licenses/Hauppauge-Firmware @@ -0,0 +1,280 @@ +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. |