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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.