138 lines
7.5 KiB
Plaintext
138 lines
7.5 KiB
Plaintext
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DISPLAYLINK SOFTWARE – END USER LICENSE AGREEMENT
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IMPORTANT - READ BEFORE DOWNLOADING, INSTALLING OR USING.
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BY DOWNLOADING, INSTALLING OR USING THIS SOFTWARE AND ANY ASSOCIATED MATERIALS
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(COLLECTIVELY, “THE SOFTWARE”), YOU AGREE TO BE BOUND BY THE TERMS OF THIS END
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USER LICENCE AGREEMENT (“EULA”). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA,
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YOU MAY NOT INSTALL OR USE THE SOFTWARE.
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1. LICENSE:
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1.1 This Software is licensed by DisplayLink Corp. (“DisplayLink”) on a
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non-exclusive, non-transferable basis for use only in conjunction with products
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which incorporate DisplayLink technology. Use of the Software otherwise than in
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conjunction with products which incorporate DisplayLink technology is not
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permitted.
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1.2 Any reference to DisplayLink under this EULA shall include its Affiliates.
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Affiliates shall mean any company that, directly or indirectly, Controls, is
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Controlled by or is under common Control with DisplayLink.
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1.3 You may not install, copy, modify, reverse engineer, decompile,
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disassemble, create derivative works from, rent, sell, distribute, sublicense,
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offer as a service or transfer any part of the Software except as provided in
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this EULA or as permitted by applicable law, and you agree to prevent
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unauthorized copying of the Software.
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1.4 This Software utilizes portions of code and software libraries which are
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subject to other terms and conditions (“Open Source Elements”), and such Open
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Source Elements and the applicable terms and conditions are identified in
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documentation accompanying this Software.
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1.5 You may distribute the Software (other than the Open Source Elements) only
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(i) without modification, (ii) in an unobfuscated form which allows the
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Software to be identified, and (iii) subject to the terms and conditions of
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this EULA, a copy of which shall be included with any such distribution. You
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may use, copy, modify and distribute the Open Source Elements in accordance
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with the terms and conditions applicable to them.
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1.6 If you are an end user:
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a. you may install the Software on any personal electronic device owned or
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controlled by you for your personal use;
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b. you may make a back-up copy of the Software only for the purposes of (i)
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restoring the Software on a device you have previously installed it on, or (ii)
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installing the Software on a device which replaces a device you have previously
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installed it on where the Software is no longer in use on that device.
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1.7 If you are a network administrator or IT manager:
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a. you may install the Software on your organization's IT systems and on
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personal electronic devices owned or controlled by your organization or its
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staff, for your organization's use;
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b. you may make a reasonable number of back-up copies of the Software only for
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the purposes of installing or restoring the Software.
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2. NO OTHER RIGHTS. No rights or licenses are granted by DisplayLink to you,
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expressly or by implication, with respect to any proprietary information or
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patent, copyright, mask work, trademark, trade secret, or other intellectual
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property right owned or controlled by DisplayLink, except as expressly provided
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in this EULA. All rights not expressly granted are reserved. If you obtained
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the Software within a country of the European Community, this EULA is subject
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to any rights available under the European Community Software Directive
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(2009/24/EC).
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3. OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software
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remains with DisplayLink or its suppliers. The Software is copyrighted and
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protected by the laws of the United States and other countries, and
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international treaty provisions. You may not remove any copyright notices from
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the Software. DisplayLink may make changes to the Software, or to items
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referenced therein, at any time without notice, but is not obligated to support
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or update the Software. You may not assign or transfer any of your rights or
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obligations under this EULA to a third party without the prior written consent
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of DisplayLink. DisplayLink may freely assign or transfer this EULA.
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4. USE OF SOFTWARE. You represent and warrant that:
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a. you are not (i) situated in a country has been designated by the U.S.
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Government as a “terrorist supporting” country or that is subject to a U.S.
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Government embargo, or (ii) included on any U.S. Government list of prohibited
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or restricted parties;
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b. you will not (i) use the Software in violation of any applicable laws or
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regulations, (ii) infringe the intellectual property or other rights of any
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third party, or (iii) transmit viruses, malware or other harmful or malicious
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computer code.
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5. EXCLUSION OF WARRANTIES. EXCEPT WITH RESPECT TO ANY WARRANTIES WHICH MAY
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NOT LAWFULLY BE EXCLUDED, WHICH ARE EXPRESSLY PRESERVED, THE SOFTWARE IS
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PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING,
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BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS
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FOR A PARTICULAR PURPOSE. DisplayLink does not warrant or assume responsibility
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for the accuracy or completeness of any information, text, graphics, links or
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other items contained within the Software. The Software is not error free and
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is not designed for use in life support or medical monitoring systems, other
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critical applications or ultra-hazardous activities. Further the Software is
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not designed to meet standards for military applications. You and your
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distributors and customers assume the full risk of any such uses and you will
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indemnify and hold DisplayLink harmless from any claims that arise as a result
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of such uses.
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6. LIMITATION OF LIABILITY. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. IN
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NO EVENT SHALL DISPLAYLINK OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY
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DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS
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INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO
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USE THE SOFTWARE, EVEN IF DISPLAYLINK HAS BEEN ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGES, TO THE EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS
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PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR
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CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
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YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO
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JURISDICTION.
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7. TERMINATION OF THIS AGREEMENT. DisplayLink may terminate this EULA at any
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time by notice to you. This EULA will also automatically terminate if you
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violate its terms. Upon termination, you will immediately destroy the Software
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or return all copies of the Software to DisplayLink. The provisions of clauses
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2, 3, 5, 6, 7, 8 and 9 shall survive any termination.
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8. APPLICABLE LAWS. Claims arising under this EULA shall be governed by the
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laws of California, excluding its principles of conflict of laws and the United
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Nations Convention on Contracts for the International Sale of Goods. You may
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not export the Software in violation of applicable export laws and regulations.
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DisplayLink is not obligated under any other agreements unless they are in
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writing and signed by an authorized representative of DisplayLink. Should a
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court of competent jurisdiction find any part of this EULA to be invalid or
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unenforceable, the remainder of this EULA shall continue in full force and
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effect.
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9. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with
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"RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is
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subject to restrictions as set forth in FAR 52.227-14 and DFAR 252.227-7013 et
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seq. or its successor. Use of the Software by the Government constitutes
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acknowledgment of DisplayLink's proprietary rights therein. Contractor or
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Manufacturer is DisplayLink (UK) Limited, 22 Cambridge Science Park, Milton
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Road, Cambridge, CB4 0GH, United Kingdom.
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