{
  "key": "hauppauge-firmware-oem",
  "short_name": "Hauppauge Firmware OEM License",
  "name": "Hauppauge Firmware OEM License",
  "category": "Proprietary Free",
  "owner": "Hauppauge",
  "homepage_url": "https://lists.debian.org/debian-devel/2007/02/msg00498.html",
  "spdx_license_key": "LicenseRef-scancode-hauppauge-firmware-oem",
  "text": "OEM/IHV/ISV FIRMWARE LICENSE AGREEMENT\n\nIMPORTANT - PLEASE READ BEFORE INSTALLING OR USING THIS FIRMWARE\n\nDo not use or load this firmware image (the \"Firmware\") until you have\ncarefully read the following terms and conditions. By loading or using\nthe Firmware, you agree to the terms of this Agreement. If you do not\nwish to so agree, do not install or use the Firmware.\n\nLICENSEES: Please note:\n\n* If you are an End-User, only the END-USER FIRMWARE LICENSE AGREEMENT\n  applies.\n\n* If you are an Original Equipment Manufacturer (OEM), Independent\n  Hardware Vendor (IHV), or Independent Firmware Vendor (ISV), the\n  OEM/IHV/ISV FIRMWARE LICENSE AGREEMENT applies (this license), as\n  well as the END-USER FIRMWARE LICENSE AGREEMENT.\n\nLICENSE. This Firmware is licensed for use only in conjunction with\nHauppauge component products. Use of the Firmware in conjunction with\nnon-Hauppauge component products is not licensed hereunder. Subject to\nthe terms of this Agreement, Hauppauge grants to you a nonexclusive,\nnontransferable, worldwide, fully paid-up license under Hauppauge's\ncopyrights to: (i) copy the Firmware internally for your own\ndevelopment and maintenance purposes; (ii) copy and distribute the\nFirmware to your end-users, but only under a license agreement with\nterms at least as restrictive as those contained in Hauppauge's\nEND-USER FIRMWARE LICENSE AGREEMENT; and (iii) modify, copy and\ndistribute the end-user documentation which may accompany the\nFirmware, but only in association with the Firmware.\n\nIf you are not the final manufacturer or vendor of a computer system\nor firmware program incorporating the Firmware, then you may transfer\na copy of the Firmware, including any related documentation (modified\nor unmodified) to your recipient for use in accordance with the terms\nof this Agreement, provided such recipient agrees to be fully bound by\nthe terms hereof. You shall not otherwise assign, sublicense, lease,\nor in any other way transfer or disclose Firmware to any third\nparty. You may not, nor may you assist any other person or entity to\nmodify, translate, convert to another programming language, decompile,\nreverse engineer, or disassemble any portion of the Firmware or\notherwise attempt to derive source code from any object code modules\nof the Firmware or any internal data files generated by the\nFirmware. Your rights to redistribute the Firmware shall be contingent\nupon your installation of this Agreement in its entirety in the same\ndirectory as the Firmware.\n\nCONTRACTORS. For the purpose of this Agreement, and notwithstanding\nanything to the contrary hereunder, solely with respect to the\nrequirements for compliance with the terms hereunder, any contractors\nor consultants that You use to perform the work or otherwise assist\nYou in the development or products using this Firmware shall be deemed\nto be End Users and accordingly, upon receipt of the Firmware, shall\nbe bound by the terms of the END-USER FIRMWARE LICENSE AGREEMENT. No\nadditional agreement between You and such consultants or contractors\nis required under this Agreement to detail such compliance.\n\nTRADEMARKS. Except as expressly provided herein, you shall not use\nHauppauge's name in any publications, advertisements, or other\nannouncements without Hauppauge's prior written consent. You do not\nhave any rights to use any Hauppauge trademarks or logos.\n\nOWNERSHIP OF FIRMWARE AND COPYRIGHTS. Firmware and accompanying\nmaterials, if any, are owned by Hauppauge or its suppliers and\nlicensors and may be protected by copyright, trademark, patent and\ntrade secret law and international treaties. Any rights, express or\nimplied, in the intellectual property embodied in the foregoing, other\nthan those specified in this Agreement, are reserved by Hauppauge and\nits suppliers and licensors or otherwise as set forth in any\napplicable open source license agreement. You will keep the Firmware\nfree of liens, attachments, and other encumbrances. You agree not to\nremove any proprietary notices and/or any labels from the Firmware and\naccompanying materials without prior written approval by Hauppauge\n\nEXCLUSION OF WARRANTIES.\nTHE FIRMWARE IS PROVIDED \"AS IS\" AND POSSIBLY WITH FAULTS. UNLESS\nEXPRESSLY AGREED OTHERWISE, HAUPPAUGE AND ITS SUPPLIERS AND LICENSORS\nDISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR\nOTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF\nMERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.\nHauppauge does not warrant or assume responsibility for the accuracy\nor completeness of any information, text, graphics, links or other\nitems contained within the Firmware. You assume all liability,\nfinancial or otherwise, associated with Your use or disposition of the\nFirmware.\n\nLIMITATION OF LIABILITY. IN NO EVENT SHALL HAUPPAUGE OR ITS SUPPLIERS\nAND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF\nACTION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS,\nBUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE,\nMODIFICATION, OR INABILITY TO USE THE FIRMWARE, OR OTHERWISE, NOR FOR\nPUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND,\nEVEN IF HAUPPAUGE OR ITS SUPPLIERS AND LICENSORS HAVE BEEN ADVISED OF\nTHE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION\nOR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR\nINCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO\nHAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS.\n\nWAIVER AND AMENDMENT. No modification, amendment or waiver of any\nprovision of this Agreement shall be effective unless in writing and\nsigned by an officer of Hauppauge. No failure or delay in exercising\nany right, power, or remedy under this Agreement shall operate as a\nwaiver of any such right, power or remedy. Without limiting the\nforegoing, terms and conditions on any purchase orders or similar\nmaterials submitted by you to Hauppauge, and any terms contained in\nHauppauges standard acknowledgment form that are in conflict with\nthese terms, shall be of no force or effect.\n\nSEVERABILITY. If any provision of this Agreement is held by a court of\ncompetent jurisdiction to be contrary to law, such provision shall be\nchanged and interpreted so as to best accomplish the objectives of the\noriginal provision to the fullest extent allowed by law and the\nremaining provisions of this Agreement shall remain in full force and\neffect.\n\nEXPORT RESTRICTIONS. Each party acknowledges that the Firmware is\nsubject to applicable import and export regulations of the United\nStates and of the countries in which each party transacts business,\nspecifically including U.S. Export Administration Act and Export\nAdministration Regulations. Each party shall comply with such laws and\nregulations, as well as all other laws and regulations applicable to\nthe Firmware. Without limiting the generality of the foregoing, each\nparty agrees that it will not export, re-export, transfer or divert\nany of the Firmware or the direct programs thereof to any restricted\nplace or party in accordance with U.S. export regulations. Note that\nFirmware containing encryption may be subject to additional\nrestrictions.\n\nAPPLICABLE LAWS. Claims arising under this Agreement shall be governed\nby the laws of New York, excluding its principles of conflict of laws\nand the United Nations Convention on Contracts for the Sale of\nGoods. You may not export the Firmware in violation of applicable\nexport laws and regulations. Hauppauge is not obligated under any\nother agreements unless they are in writing and signed by an\nauthorized representative of Hauppauge.\n\nGOVERNMENT RESTRICTED RIGHTS. The Firmware is provided with\n\"RESTRICTED RIGHTS.\" Use, duplication, or disclosure by the Government\nis subject to restrictions as set forth in FAR52.227-14 and\nDFAR252.227-7013 et seq. or their successors. Use of the Firmware by\nthe Government constitutes acknowledgment of Hauppauge's proprietary\nrights therein. Contractor or Manufacturer is Hauppauge Computer\nWorks, Inc.  91 Cabot Court Hauppauge, NY 11788\n\nTERMINATION OF THIS AGREEMENT. Hauppauge may terminate this Agreement\nat any time if you violate its terms. Upon termination, you will\nimmediately destroy the Firmware or return all copies of the Firmware\nto Hauppauge."
}