1. Thank you for using Crestron’s Automate VX Multi-Camera Speaker Tracking Solution (“Automate VX Device”). These Automate VX Devices include operational software and firmware (“Automate VX Software”) that is subject to both Crestron’s Software End-User License Agreement (attached hereto as Exhibit A) and other third party licensing terms (“Third Party Software Notices”) (attached hereto as Exhibit B). The Third Party Software Notices include additional terms and conditions that are made a part of and incorporated by reference into this Automate VX Software End User License Agreement (“Automate VX EULA”).
2. Capitalized terms used, but not defined, herein are defined in Exhibit A.
3. By downloading, installing, or otherwise using the Automate VX Software, or using any Automate VX Device on which the Automate VX Software is pre-installed, you agree to be bound by this Automate VX EULA.
4. This Automate VX EULA is a binding contract between Crestron and the Licensee. IF YOU DO NOT INTEND TO BE LEGALLY BOUND BY THIS AUTOMATE VX AGREEMENT: DO NOT (A) DOWNLOAD, INSTALL, OR USE THE AUTOMATE VX SOFTWARE OR DOCUMENTATION; OR (B) USE THE AUTOMATE VX DEVICE ON WHICH THE AUTOMATE VX SOFTWARE IS PRE-INSTALLED.
5. Licensee represents and warrants that Licensee: (a) has obtained the Automate VX Software from Crestron or a Third Party authorized by Crestron; (b) is an authorized End-User of the Crestron Software; (c) has the proper legal authority to enter into this Agreement; (d) has read this Agreement in its entirety; and (e) agrees to be bound by all of the terms of this Agreement.
6. If you are ordering, registering, using, or activating the Automate VX Software and/or Documentation on behalf of another Person, you represent that you are duly authorized to enter into this Automate VX Agreement on behalf of such Person and to bind such Person, as a Licensee, to the terms and conditions of this Agreement.
7. Licensee acknowledges and agrees to be bound by the terms contained within the following Exhibits (both attached hereto):
A. Crestron’s Software End-User License Agreement; and
B. Third Party Software Notices for Crestron Automate VX Software.
* * * * *
Exhibit A – Crestron’s Software End-User License Agreement
Software End-User License Agreement
Crestron Electronics, Inc.
Last updated: 13 February 2024
1. Scope and Acceptance
1.1 Thank you for using Crestron products which include operational software and firmware (collectively, the “Software”), consisting of both Crestron Software and Third Party Software, as defined below. By downloading, installing, or otherwise using the Software on any device designed, manufactured, or sold by or on behalf of Crestron (“Crestron Device”), or using any Crestron Device on which the Software is pre-installed, you agree to be bound by this Software End-User License Agreement (“Agreement”).
1.2 This Agreement is a binding contract between Crestron Electronics, Inc. (“Crestron”) and the “Person” (as defined below) downloading, installing, or otherwise using the Software (hereinafter referred to as “Licensee”). IF YOU DO NOT INTEND TO BE LEGALLY BOUND BY THIS AGREEMENT: DO NOT (A) DOWNLOAD, INSTALL, OR USE THE SOFTWARE OR DOCUMENTATION; OR (B) USE THE CRESTRON DEVICE ON WHICH THE SOFTWARE IS PRE-INSTALLED.
1.3 Licensee represents and warrants that Licensee: (a) has obtained the Software from Crestron or a Third Party authorized by Crestron; (b) is an authorized end-user of the Crestron Software; (c) has the proper legal authority to enter into this Agreement; (d) has read this Agreement in its entirety; and (e) agrees to be bound by all of the terms of this Agreement.
1.4 If you are a Third Party (as defined below) that is ordering, registering for, using, or activating the Software and / or Documentation on behalf of another Person (as defined below), you represent that such Person agrees to be bound, as a Licensee, by the terms and conditions of this Agreement.
2. Definitions
In this Agreement, the capitalized terms listed below are defined as follows:
2.1 “Crestron Software” means software and firmware that: (a) is used to operate a Crestron Device; and (b) is developed by, or under the permission of, Crestron. Crestron Software includes, as applicable, associated materials and documentation, whether electronic or printed.
2.2 ”Documentation” means all documentation and other materials related to the Software and provided by Crestron, including user manuals, help files and any other instructions, specifications, documents, and materials that describe the functionality, installation, testing, operation, use, maintenance, support, technical features, or requirements of the Software.
2.3 “Intellectual Property Rights” means any and all intellectual property or proprietary rights throughout the world, including but not limited to all: (a) patent rights (including patent applications and disclosures); (b) registered and unregistered copyrights (including rights in software, including in source code and object code); (c) registered and unregistered trademark rights; and (d) trade secret rights.
2.4 “License” has the meaning set forth in Section 3.
2.5 “Person” means an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association or other entity.
2.6 “Term” has the meaning set forth in Section 7.
2.7 “Third Party” means any Person other than Licensee or Crestron.
2.8 “Third Party Software” means software and firmware for which Crestron has obtained: (a) the right to distribute and (b) the right for an end-user to use according to the terms of this Agreement. Third Party Software includes both open source software and software that been specifically licensed to Crestron by a Third Party.
3. License
3.1 License Grant. Subject to and conditioned upon Licensee's strict compliance with all of the terms and conditions set forth in this Agreement, Crestron hereby grants to Licensee a non-exclusive, non-transferable, non-sublicensable, and limited license (hereinafter, the “License”) to use the Software and Documentation during the Term of this Agreement, solely as set forth in this Section 3 and subject to all of the conditions and limitations set forth elsewhere in this Agreement.
3.2 Permitted Use. Licensee acknowledges and agrees that the Software and Documentation are provided under License, and not sold, to Licensee. This License grants Licensee the right to use the Software only to operate and / or communicate with a Crestron Device and other devices controlled by such Crestron Device (the "Permitted Use").
3.3 Reservations. All rights not expressly granted in this Agreement are reserved by Crestron. No additional rights whatsoever (including, without limitation, any implied licenses) are granted by implication, waiver, estoppel, or otherwise.
4. Limitations; Obligations; and Support
4.1 Authorized Parties. Licensee must be an end-user of a Crestron Device obtained from Crestron, or from a Third Party authorized by Crestron, in order to download, install, or use the Software. Each Licensee that is either a business or organization agrees that upon request from Crestron or its authorized representative, that Licensee will within thirty (30) days of the request, fully document and certify that its use of any Software at the time of the request is in conformity with its valid License from Crestron.
4.2 Restrictions. You, either through your own actions or by directing or permitting any Third Party to act, shall not:
(a) sell, lease, lend, rent, sublicense, or in any other way distribute (including through the Internet) the Software;
(b) use the Software for any purpose other than the Permitted Use under this Agreement;
(c) attempt to discover any underlying ideas or algorithms used by the Software through reverse engineering, de-compilation, or disassembly of the Software; reverse engineer, decompile, disassemble or otherwise attempt to discern the source code, operational flow, data structures, and object structures of the Software or any of Software’s components, data files, libraries or modules;
(d) create any derivative works based upon the Software or the Documentation;
(e) copy any feature, design or graphic in the Software;
(f) access the Software in order to build a competitive solution or to assist someone else to build a competitive solution; or
(g) remove, alter, or obscure any product identification, copyright, trademark, or other intellectual property notices embedded within the Software or included in any related Documentation.
4.3 Automatic Software Updates. Crestron Devices may communicate with Crestron servers from time to time to check for available updates to the Software, such as bug fixes, patches, enhanced functions, plug-ins, and new versions (“Automatic Software Updates”). By installing or using the Software, you agree to automatically request, receive, and accept such Automatic Software Updates which are also subject to the terms of this Agreement.
4.4 Support. This License does not entitle Licensee to any Software support, maintenance, update, or upgrade from Crestron. However, Licensee agrees to request, receive, and accept any Automatic Software Updates provided by Crestron in its sole discretion.
5. Collection and Use of Information
5.1 Software Registration. Download and / or installation of the Software or use of certain Software functions may require Licensee to register by providing certain contact information to Crestron and Crestron may maintain a database of all such registered Licensees. By downloading and / or installing the Software or using these Software functions, Licensee agrees to provide accurate information during registration.
5.2 Crestron Privacy Policy. As a condition of downloading and using the Software, you agree to the terms of the Crestron Privacy Policy at http://www.crestron.com/legal/privacy-policy , which may be updated from time to time without notice but will in no event be less stringent than the current policy.
5.3 Data Transmitted by Crestron Devices. During operation, Crestron Devices may transmit data via the Internet to Crestron and / or its Third Party service providers as described in the Crestron Privacy Statement Regarding Internet Data Collection at https://www.crestron.com/legal-data-collection-privacy. Crestron may process, store and transfer this data collected during the use of the Software to servers located outside the country where you reside. By installing or using the Software, you consent to the processing, storage and transfer of your data in accordance with the above privacy policies.
6. Ownership Rights
6.1 Software is Licensed not Sold. Licensee acknowledges and agrees that the Software and Documentation are provided under License, and not sold, to Licensee.
6.2 Ownership. Crestron retains the entire right, title and interest in and to the Crestron Software and the Documentation and all Intellectual Property Rights arising out of or relating to the same including any modifications Licensee has made to the Crestron Software, whether or not such modifications are permitted.
(a) Licensee does not acquire any ownership interest in the Software or Documentation under this Agreement, or any other rights thereto other than to use the Software and Documentation in accordance with the License, and subject to all of the terms, conditions and restrictions under this Agreement.
(b) Crestron disclaims any ownership rights to the Third Party Software, including open source software components, as further described at www.crestron.com/legal/open_source_software.
6.3 Trademarks. Certain marks, including, but not limited to “CRESTRON” and the Crestron ‘swirl’ are either trademarks or registered trademarks of Crestron in the United States and / or other countries. Licensee must not remove or conceal any trademark or proprietary notice of Crestron or any Third Party from the Software including any back-up copy.
7. Term; Termination; and Survival
7.1 Term. This Agreement and the License shall remain in effect unless terminated as set forth herein (the “Term”).
7.2 Termination for Convenience. Licensee may terminate this Agreement by ceasing to use the Software and any Crestron Device on which the Software is installed or preinstalled and destroying all copies of the Software and Documentation.
7.3 Termination for Cause. Either party may, upon written notice to the other party, terminate this Agreement for material breach, provided that such material breach is not cured within thirty (30) days following receipt of such notice.
7.4 Effect of Termination. Upon termination of this Agreement, the License shall also terminate, and Licensee shall cease using the Software and any Crestron Device on which the Software is installed or preinstalled and shall destroy all copies of the Software and Documentation.
7.5 Survival. Notwithstanding any expiration or termination of this Agreement, any provisions of this Agreement which by their terms are intended to survive expiration or termination of this Agreement shall so survive and continue in full force and effect.
8. Warranty Disclaimer and Limitation of Liability
8.1 Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CRESTRON, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
8.2 The Software and Documentation are provided to Licensee "as is" and with all faults and defects without warranty of any kind. Crestron provides no warranty or undertaking and makes no representation of any kind that the Software will meet the Licensee's requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
8.3 Limitation of Liability. To the fullest extent permitted under applicable law:
(a) IN NO EVENT WILL CRESTRON OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO THE LICENSEE OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SOFTWARE, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT CRESTRON WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) IN NO EVENT WILL CRESTRON'S AND ITS AFFILIATES', INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS' AND SERVICE PROVIDERS', COLLECTIVE AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED ONE-HUNDRED U.S. DOLLARS ($100).
8.4 Interpretation of Warranty Disclaimer and Limitation of Liability . If the disclaimer of warranty and limitation of liability provided herein cannot be given local legal effect according to their terms, a reviewing court shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Software. The limitations set forth in this Section 8 shall apply even if the Licensee's remedies under this agreement fail their essential purpose.
9. General Provisions
9.1 Governing Law and Dispute Resolution. This Agreement shall be governed and construed in accordance with the laws of New York, United States, without regard to conflicts of laws principles. In the event of any dispute arising between the Parties under this Agreement, the Parties agree that such dispute shall be resolved informally, if possible, and failing an informal resolution, then through binding arbitration.
(a) For the avoidance of doubt, nothing in this section (Governing Law and Dispute Resolution) shall prevent Crestron from seeking injunctive relief to enforce its rights under this Agreement.
(b) All disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
(c) The arbitration proceeding shall be conducted in New York City, New York, U.S.
(d) The language to be used in the arbitration proceeding shall be English.
(e) The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
9.2 Compliance with Laws. Licensee acknowledges and agrees:
(a) to comply with all applicable international and national laws and regulations in using the Software provided under this Agreement, including the U.S. Export Administration Regulations, as well as end-user, end use, and destination restrictions issued by U.S. and other governments;
(b) the Software is of U.S. origin for purposes of U.S. export control laws;
(c) that Licensee is not a national of any country to which the United States embargoes goods; and
(d) Licensee is not otherwise prohibited from receiving the Software.
9.3 Entire Agreement. This Agreement:
(a) constitutes the entire agreement between Licensee and Crestron with respect to the subject matter hereof; and
(b) supersedes all prior and contemporaneous representations, understandings, and / or agreements, whether oral or written, relating to the subject matter hereof.
9.4 Headings. The insertion of headings and the division of this Agreement into sections and articles are for convenience only and shall not affect the interpretation hereof.
9.5 Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect any other provision of this Agreement, and the remaining provisions shall continue with the same effect as if such unenforceable or invalid provision had not been included in this Agreement.
9.6 No Waiver. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
9.7 No Third Party Beneficiaries. This Agreement is for the benefit of, and will be enforceable by, the parties only. This Agreement is not intended to confer any right or benefit on any Third Party. No action may be commenced or prosecuted against a party by any Third Party (including, without limitation, affiliates) claiming as a Third Party beneficiary of this Agreement or the Licenses granted herein.
10. Contact Crestron
If you have any questions regarding this Agreement, please contact Crestron.
Via e-mail: satisfaction@crestron.com, or support@crestron.com
Via post:
The Americas:
Crestron Electronics, Inc.
15 Volvo Dr.
Rockleigh, NJ 07647 USA
Europe, Middle East, and Africa (EMEA):
Crestron Europe BV
Stephensonstraat 20, bus 0001,
2800 Mechelen Belgium.
VAT No. BE0699.717.121
Australia and New Zealand:
Crestron ANZ Pty. Ltd.
Level 5, 15 Help Street,
Chatswood NSW 2067, Australia
Asia:
Crestron Singapore Pte. Ltd.
30 Cecil Street
#21-05, Prudential Tower
Singapore 049712
Via phone:
Please visit www.crestron.com to find the phone number for Crestron support in your region.
* * * * * End of Exhibit A * * * * *
Exhibit B – Third Party Software Notices for Crestron Automate VX Software
Third Party Software Notices for Crestron Automate VX Software
Crestron Electronics, Inc.
Last updated: 10 April 2024
Windows® 11 IoT Enterprise
Last updated June 2021
MICROSOFT SOFTWARE LICENSE TERMS
WINDOWS OPERATING SYSTEM
IF YOU LIVE IN (OR IF YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 11. IT AFFECTS HOW DISPUTES ARE RESOLVED.
Thank you for choosing Microsoft!
Depending on how you obtained the Windows software, this is a license agreement between (i) you and the device manufacturer or software installer that distributes the software with your device; or (ii) you and Microsoft Corporation (or, based on where you live or, if a business, where your principal place of business is located, one of its affiliates) if you acquired the software from a retailer. Microsoft is the device manufacturer for devices produced by Microsoft or one of its affiliates, and Microsoft is the retailer if you acquired the software directly from Microsoft. If you are a volume license customer, use of this software is subject to your volume license agreement rather than this agreement.
This agreement describes your rights, obligations, and the conditions upon which you may use the Windows software. You should review the entire agreement, including any supplemental license terms that accompany the software and any linked terms, because all of the terms are important and together create this agreement that applies to you. You can review linked terms by pasting the (aka.ms/) link into a browser window.
By accepting this agreement or using the software, you agree to all of these terms, and consent to the transmission of certain information during activation and during your use of the software as per the privacy statement described in Section 3. If you do not accept and comply with these terms, you may not use the software or its features. You may contact the device manufacturer or installer, or your retailer if you purchased the software directly, to determine its return policy and return the software or device for a refund or credit under that policy. You must comply with that policy, which might require you to return the software with the entire device on which the software is installed for a refund or credit, if any.
1. Overview.
a. Applicability. This agreement applies to the Windows software that is preinstalled on your device, or acquired from a retailer and installed by you, the media on which you received the software (if any), any fonts, icons, images or sound files included with the software, and also any Microsoft updates, upgrades, supplements or services for the software, unless other terms come with them. It also applies to Windows apps developed by Microsoft that provide functionality such as mail, contacts, music and photos that are included with and are a part of Windows. If this agreement contains terms regarding a feature or service not available on your device, those terms do not apply.
b. Additional terms. Additional Microsoft and third-party terms may apply to your use of certain features, services and apps, depending on your device’s capabilities, how it is configured, and how you use it. Please read them.
(i) Some Windows apps provide an access point to, or rely on, online services, and the use of those services is sometimes governed by separate terms and privacy policies, such as the Microsoft Services Agreement at https://aka.ms/msa. You can view these terms and policies by looking at the service terms of use or the app’s settings, as applicable. The services may not be available in all regions.
(ii) Microsoft, or the device manufacturer or installer may include additional apps, which will be subject to separate license terms and privacy policies.
(iii) The software may include third-party programs that are licensed to you under this agreement, or under their own terms. License terms, notices and acknowledgements, if any, for the third-party programs can be viewed at https://aka.ms/thirdpartynotices.
(iv) To the extent included with Windows, Word, Excel, PowerPoint and OneNote are licensed for your personal, non-commercial use, unless you have commercial use rights under a separate agreement.
2. Installation and Use Rights.
a. License. The software is licensed, not sold. Under this agreement, we grant you the right to install and run one instance of the software on your device (the licensed device), for use by one person at a time, so long as you comply with the terms and restrictions contained in this agreement. Updating or upgrading from non-genuine software with software from Microsoft or authorized sources does not make your original version or the updated/upgraded version genuine, and in that situation, you do not have a license to use the software.
b. Device. In this agreement, “device” means a local hardware system (whether physical or virtual) with an internal storage device capable of running the software. A hardware partition or blade is considered to be a device. For purposes of this agreement, “device” does not include any hardware system (whether physical or virtual) on which the software is installed or accessed solely for remote use over a network.
c. Restrictions. The device manufacturer or installer and Microsoft reserve all rights (such as rights under intellectual property laws) not expressly granted in this agreement and no other rights are licensed to you. For the avoidance of doubt, this license does not give you any right to, and you may not (and you may not permit any other person or entity to):
(i) use or virtualize features of the software separately;
(ii) publish, copy (other than the permitted backup copy), rent, lease, or lend the software;
(iii) transfer the software (except as permitted by this agreement);
(iv) work around any technical restrictions or limitations in the software;
(v) use the software as server software or to operate the device as a server, except as permitted under Section 2(d)(iii) below; use the software to offer commercial hosting services; make the software available for simultaneous use by more than one user over a network, except as permitted under Section 2(d)(vi) below; install the software on a server for remote access or use over a network; or install the software on a device for use only by remote users;
(vi) reverse engineer, decompile, or disassemble the software, or attempt to do so, except and only to the extent that the foregoing restriction is (a) permitted by applicable law; (b) permitted by licensing terms governing the use of open-source components that may be included with the software; or (c) required to debug changes to any libraries licensed under the GNU Lesser General Public License that are included with and linked to by the software; and
(vii) when using Internet-based features you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner.
d. Multi-Use scenarios.
(i) Multiple versions. If when acquiring the software you were provided with multiple versions (such as 32-bit and 64-bit versions), you may install and activate only one of those versions at a time.
(ii) Multiple or pooled connections. Hardware or software you use to multiplex or pool connections, or reduce the number of devices or users that access or use the software, does not reduce the number of licenses you need. You may only use such hardware or software if you have a license for each instance of the software you are using.
(iii) Device connections. You may allow up to 20 other devices to access the software installed on the licensed device solely to use the following software features for personal or internal purposes: file services, print services, Internet information services, and Internet connection sharing and telephony services on the licensed device. You may allow any number of devices to access the software on the licensed device to synchronize data between devices. This subsection does not mean, however, that you have the right to install the software, or use the primary function of the software (other than the features listed in this subsection), on any of these other devices.
(iv) Use in a virtualized environment. This license allows you to install only one instance of the software for use on one device, whether that device is physical or virtual. If you want to use the software on more than one virtual device, you must obtain a separate license for each instance.
(v) Remote access. No more than once every 90 days, you may designate a single user who physically uses the licensed device as the licensed user. The licensed user may access the licensed device from another device using remote access technologies for a period of up to 365 days from the last physical use. Other users, at different times, may access the licensed device from another device using remote access technologies, but only on devices separately licensed to run the same or higher edition of this software.
(vi) Remote assistance. You may use remote assistance technologies to share an active session without obtaining any additional licenses for the software. Remote assistance allows one user to connect directly to another user’s computer, usually to correct problems.
e. Backup copy. You may make a single copy of the software for backup purposes, and may also use that backup copy to transfer the software if it was acquired as stand-alone software, as described in Section 4 below.
3. Privacy; Consent to Use of Data. Your privacy is important to us. Some of the software features send or receive information when using those features. Many of these features can be switched off in the user interface, or you can choose not to use them. By accepting this agreement and using the software you agree that Microsoft may collect, use, and disclose the information as described in the Microsoft Privacy Statement at https://aka.ms/privacy, and as may be described in the user interface associated with the software features.
4. Transfer. The provisions of this section do not apply if you acquired the software in Germany or in any of the countries listed on this site https://aka.ms/transfer, in which case any transfer of the software to a third party, and the right to use it, must comply with applicable law.
a. Software preinstalled on device. If you acquired the software preinstalled on a device (and also if you upgraded from software preinstalled on a device), you may transfer the license to use the software directly to another user, only with the licensed device. The transfer must include the software and, if provided with the device, an authentic Windows label including the product key. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software.
b. Stand-alone software. If you acquired the software as stand-alone software (and also if you upgraded from software you acquired as stand-alone software), you may transfer the software to another device that belongs to you. You may also transfer the software to a device owned by someone else if (i) you are the first licensed user of the software and (ii) the new user agrees to the terms of this agreement. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Every time you transfer the software to a new device, you must remove the software from the prior device. You may not transfer the software to share licenses between devices.
5. Authorized Software and Activation. You are authorized to use this software only if you are properly licensed and the software has been properly activated with a genuine product key or by other authorized method. When you connect to the Internet while using the software, the software will automatically contact Microsoft or its affiliate to conduct activation to associate it with a certain device. You can also activate the software manually by Internet or telephone. In either case, transmission of certain information will occur, and Internet, telephone and SMS service charges may apply. During activation (or reactivation that may be triggered by changes to your device’s components), the software may determine that the installed instance of the software is counterfeit, improperly licensed or includes unauthorized changes. If activation fails, the software will attempt to repair itself by replacing any tampered Microsoft software with genuine Microsoft software. You may also receive reminders to obtain a proper license for the software. Successful activation does not confirm that the software is genuine or properly licensed. You may not bypass or circumvent activation. To help determine if your software is genuine and whether you are properly licensed, see https://aka.ms/genuine. Certain updates, support, and other services might be offered only to users of genuine Microsoft software.
6. Updates. The software periodically checks for system and app updates, and downloads and installs them for you. You may obtain updates only from Microsoft or authorized sources, and Microsoft may need to update your system to provide you with those updates. By accepting this agreement or using the software, you agree to receive these types of automatic updates without any additional notice.
7. Hardware Specifications; Downgrade Rights.
a. Hardware Specifications. Certain versions of the Windows software are only compatible with hardware that meets specified system requirements as indicated by Microsoft from time to time and available at https://aka.ms/minhw.
b. Downgrade Rights. If you acquired a device from a manufacturer or installer with a Professional version of Windows preinstalled on it and it is configured to run in full feature mode, you may downgrade to an equivalent edition on a prior version of Windows Professional, but only for so long as Microsoft provides support for that earlier version as set forth at https://aka.ms/windowslifecycle, and supports that earlier version on your hardware as set forth at https://aka.ms/minhw. This agreement applies to your use of the earlier versions. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of such components. Neither the device manufacturer or installer, nor Microsoft, is obligated to supply earlier versions to you. You must obtain the earlier version separately, for which you may be charged a fee. At any time, you may replace an earlier version with the version you originally acquired.
8. Export Restrictions. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit https://aka.ms/exporting.
9. Warranty, Disclaimer, Remedy, Damages, and Procedures.
a. Limited Warranty. Depending on how you obtained the Windows software, Microsoft, or the device manufacturer or installer, warrants that properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. This limited warranty does not cover problems that you cause, that arise when you fail to follow instructions, or that are caused by events beyond the reasonable control of Microsoft, or the device manufacturer or installer. The limited warranty starts when the first user acquires the software, and lasts for one year if acquired from Microsoft, or for 90 days if acquired from a device manufacturer or installer. If you obtain updates or supplements directly from Microsoft during the 90-day term of the device manufacturer’s or installer’s limited warranty, Microsoft provides the limited warranty for those updates or supplements. Any supplements, updates, or replacement software that you may receive from Microsoft during that year are also covered, but only for the remainder of that one-year period if acquired from Microsoft, or for 90 days if acquired from a device manufacturer or installer, or for 30 days, whichever is longer. Transferring the software will not extend the limited warranty.
b. Disclaimer. Neither Microsoft, nor the device manufacturer or installer, gives any other express warranties, guarantees, or conditions. Microsoft and the device manufacturer and installer exclude all implied warranties and conditions, including those of merchantability, fitness for a particular purpose, and non-infringement. If your local law does not allow the exclusion of implied warranties, then any implied warranties, guarantees, or conditions last only during the term of the limited warranty and are limited as much as your local law allows. If your local law requires a longer limited warranty term, despite this agreement, then that longer term will apply, but you can recover only the remedies this agreement allows.
c. Limited Remedy. If Microsoft, or the device manufacturer or installer, breaches its limited warranty, it will, at its election, either: (i) repair or replace the software at no charge, or (ii) accept return of the software (or at its election the device on which the software was preinstalled) for a refund of the amount paid, if any. The device manufacturer or installer (or Microsoft if you acquired them directly from Microsoft) may also repair or replace supplements, updates, and replacement of the software or provide a refund of the amount you paid for them, if any. These are your only remedies for breach of warranty. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state or country to country.
d. Damages. Except for any repair, replacement, or refund that Microsoft, or the device manufacturer or installer, may provide, you may not under this limited warranty, under any other part of this agreement, or under any theory, recover any damages or other remedy, including lost profits or direct, consequential, special, indirect, or incidental damages. The damage exclusions and remedy limitations in this agreement apply even if repair, replacement, or a refund does not fully compensate you for any losses, if Microsoft, or the device manufacturer or installer, knew or should have known about the possibility of the damages, or if the remedy fails of its essential purpose. Some states and countries do not allow the exclusion or limitation of incidental, consequential, or other damages, so those limitations or exclusions may not apply to you. If your local law allows you to recover damages from Microsoft, or the device manufacturer or installer, even though this agreement does not, you cannot recover more than you paid for the software (or up to $50 USD if you acquired the software for no charge).
e. Warranty and Refund Procedures. For service or refund, you must provide a copy of your proof of purchase and comply with Microsoft’s return policies if you acquired the software from Microsoft, or the device manufacturer’s or installer’s return policies if you acquired the software from a device manufacturer or installer. If you purchased stand-alone software, those return policies might require you to uninstall the software and return it to Microsoft. If you acquired the software pre-installed on a device, those return policies may require return of the software with the entire device on which the software is installed; the certificate of authenticity label including the product key (if provided with your device) must remain affixed. Contact the device manufacturer or installer at the address or toll-free telephone number provided with your device to find out how to obtain warranty service for the software. If Microsoft is your device manufacturer or if you acquired the software from a retailer, contact Microsoft at:
(i) United States and Canada. Via telephone at (800) MICROSOFT; via mail at Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or visit https://aka.ms/nareturns.
(ii) Europe, Middle East, and Africa. Via mail at Microsoft Ireland Operations Limited, Customer Care Centre, One Microsoft Place, South Country Business Park, Leopardstown, Dublin 18, Ireland; or visit https://aka.ms/mssupport.
(iii) Australia. Via telephone at 13 20 58; via mail at Microsoft Pty Ltd, 1 Epping Road, North Ryde NSW 2113 Australia; or visit https://aka.ms/mssupport.
(iv) Other countries. Contact the Microsoft affiliate serving your country at https://aka.ms/mssupport.
10. Support.
a. For software preinstalled on a device. For the software generally, contact the device manufacturer or installer for support options. Refer to the support number provided with the software. For updates and supplements obtained directly from Microsoft, Microsoft may provide limited support services for properly licensed software as described at https://aka.ms/mssupport.
b. For software acquired from a retailer. Microsoft provides limited support services for properly licensed software as described at https://aka.ms/mssupport.
11. Binding Arbitration and Class Action Waiver if You Live in (or, if a Business, Your Principal Place of Business is in) the United States.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes Microsoft, the device manufacturer, and software installer.
a. Disputes covered-everything except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and the device manufacturer or installer, or you and Microsoft, concerning the software, its price, or this agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
b. Mail a Notice of Dispute first. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to the device manufacturer or installer, ATTN: LEGAL DEPARTMENT. If your dispute is with Microsoft, mail it to Microsoft Corporation, ATTN: CELA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at <https://go.microsoft.com/fwlink/?LinkId=245499>. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
c. Small claims court option. Instead of mailing a Notice of Dispute, and if you meet the court’s requirements, you may sue us in small claims court in your county of residence (or, if a business, your principal place of business) or our principal place of business-King County, Washington USA if your dispute is with Microsoft.
d. Arbitration procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the software for personal or household use, or if the value of the dispute is $75,000 USD or less whether or not you are an individual or how you use the software, its Consumer Arbitration Rules). For more information, see https://aka.ms/adr or call 1-800-778-7879. To start an arbitration, submit the form available at https://aka.ms/arbitration to the AAA; mail a copy to the device manufacturer or installer (or to Microsoft if your dispute is with Microsoft). In a dispute involving $25,000 USD or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business) or our principal place of business-King County, Washington if your dispute is with Microsoft. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
e. Arbitration fees and payments.
(i) Disputes involving $75,000 USD or less. The device manufacturer or installer (or Microsoft if your dispute is with Microsoft) will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, the device manufacturer or installer (or Microsoft if your dispute is with Microsoft) will: (1) pay the greater of the award or $1,000 USD; (2) pay your reasonable attorney’s fees, if any; and (3) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.
(ii) Disputes involving more than $75,000 USD. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
f. Must file within one year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes - see Section 11.a.) within one year from when it first could be filed. Otherwise, it’s permanently barred.
g. Severability. If any part of Section 11 (Binding Arbitration and Class Action Waiver) is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, Section 11 will be unenforceable in its entirety.
h. Conflict with AAA rules. This agreement governs if it conflicts with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
i. Microsoft as party or third-party beneficiary. If Microsoft is the device manufacturer or if you acquired the software from a retailer, Microsoft is a party to this agreement. Otherwise, Microsoft is not a party but is a third-party beneficiary of your agreement with the device manufacturer or installer to resolve disputes through informal negotiation and arbitration.
12. Governing Law. The laws of the state or country where you live (or, if a business, where your principal place of business is located) govern all claims and disputes concerning the software, its price, or this agreement, including breach of contract claims and claims under consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort, regardless of conflict of law principles. In the United States, the FAA governs all provisions relating to arbitration.
13. Consumer Rights, Regional Variations. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a. Australia. References to “Limited Warranty” are references to the express warranty provided by Microsoft or the device manufacturer or installer. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies under the Australian Consumer Law consumer guarantees. Nothing in this agreement limits or changes those rights and remedies. In particular:
(i) the provisions excluding and limiting warranties, guarantees, damages and remedies, and limiting duration of your rights under local laws in Section 9 headed Warranty, Disclaimer, Remedy, Damages and Procedures do not apply to the Australian Consumer Law consumer guarantees and your rights and remedies under them;
(ii) support and refund policies referred to in Sections 9.e and 10 are subject to the Australian Consumer Law;
(iii) the Australian Consumer Law consumer guarantees apply to the evaluation software described in Section 14.d(ii) and the preview software described in Section 14.d(iv); and
(iv) our goods come with guarantees that cannot be excluded under the Australian Consumer Law. In this subsection, “goods” refers to the software for which Microsoft, or the device manufacturer or installer provides the express warranty. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
To learn more about your rights under the Australian Consumer Law, please review the information at https://aka.ms/acl.
b. Canada. You may stop receiving updates on your device by turning off Internet access. If and when you re-connect to the Internet, the software will resume checking for and installing updates.
c. European Union. The academic use restriction in Section 14.d(i) below does not apply in the jurisdictions listed at https://go.microsoft.com/fwlink/?LinkId=534978.
d. Germany and Austria.
(i) Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, the device manufacturer or installer, and Microsoft, give no contractual guarantee in relation to the licensed software.
(ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, the device manufacturer or installer, or Microsoft is liable according to the statutory law.
Subject to the preceding sentence, the device manufacturer or installer, or Microsoft will only be liable for slight negligence if the device manufacturer or installer or Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, the device manufacturer or installer or Microsoft will not be liable for slight negligence.
e. Other regions. See https://go.microsoft.com/fwlink/?LinkId=534978 for a current list of regional variations.
14. Additional Notices.
a. Networks, data and Internet usage. Some features of the software and services accessed through the software may require your device to access the Internet. Your access and usage (including charges) may be subject to the terms of your cellular or internet provider agreement. Certain features of the software may help you access the Internet more efficiently, but the software’s usage calculations may be different from your service provider’s measurements. You are always responsible for (i) understanding and complying with the terms of your own plans and agreements, and (ii) any issues arising from using or accessing networks, including public/open networks. You may use the software to connect to networks, and to share access information about those networks, only if you have permission to do so.
b. H.264/AVC and MPEG-4 visual standards and VC-1 video standards. The software may include H.264/MPEG-4 AVC and/or VC-1 decoding technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, AND THE MPEG-4 PART 2 VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1, AND MPEG-4 PART 2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTPS://AKA.MS/MPEGLA.
c. Malware protection. Microsoft cares about protecting your device from malware. The software will turn on malware protection if other protection is not installed or has expired. To do so, other antimalware software will be disabled or may have to be removed.
d. Limited rights versions. If the software version you acquired is marked or otherwise intended for a specific or limited use, then you may only use it as specified. You may not use such versions of the software for commercial, non-profit, or revenue-generating activities.
(i) Academic. For academic use, you must be a student, faculty or staff of an educational institution at the time of purchase.
(ii) Evaluation. For evaluation (or test or demonstration) use, you may not sell the software, use it in a live operating environment, or use it after the evaluation period. Notwithstanding anything to the contrary in this Agreement, evaluation software is provided “AS IS” and no warranty, implied or express (including the Limited Warranty), applies to these versions.
(iii) NFR. You may not sell software marked as “NFR” or “Not for Resale”.
(iv) Preview. You may choose to use preview, insider, beta, or other pre-release versions of the software (“previews”) that Microsoft may make available. You may use previews only up to the software’s expiration date and so long as you comply with all the terms of this agreement. Previews are experimental and may be substantially different from the commercially released version. Notwithstanding anything to the contrary in this agreement, previews are provided “AS IS,” and no warranty, implied or express (including the Limited Warranty), applies to these versions. By installing previews on your device, you may void or impact your device warranty and may not be entitled to support from your device manufacturer or network operator, if applicable. Microsoft is not responsible for any damage thereby caused to you. Microsoft may not provide support services for previews. If you provide Microsoft comments, suggestions or other feedback about the preview (“submission”), you grant Microsoft and its partners rights to use the submission in any way and for any purpose.
15. Entire Agreement. This agreement (together with the printed paper license terms or other terms accompanying any software supplements, updates, and services that are provided by the device manufacturer or installer, or Microsoft, and that you use), and the terms contained in web links listed in this agreement, are the entire agreement for the software and any such supplements, updates, and services (unless the device manufacturer or installer, or Microsoft, provides other terms with such supplements, updates, or services). You can review this agreement after your software is running by going to https://aka.ms/useterms or going to Settings - System - About within the software. You can also review the terms at any of the links in this agreement by typing the URLs into a browser address bar, and you agree to do so. You agree that you will read the terms before using the software or services, including any linked terms. You understand that by using the software and services, you ratify this agreement and the linked terms. There are also informational links in this agreement. The links containing notices and binding terms are:
· Microsoft Privacy Statement https://aka.ms/privacy
· Microsoft Services Agreement https://aka.ms/msa
NVIDIA GeForce Software
License For Customer Use of NVIDIA GeForce Software
IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of NVIDIA GeForce Software ("LICENSE") is the agreement which governs use of the GeForce software of NVIDIA Corporation and its subsidiaries ("NVIDIA") downloadable herefrom, including computer software and associated materials ("SOFTWARE"). By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not download the SOFTWARE.
RECITALS
Use of NVIDIA's products requires three elements: the SOFTWARE, the hardware on a graphics controller board, and a personal computer. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is only licensed for use, strictly in accordance with this LICENSE. The hardware is protected by various patents, and is sold, but this LICENSE does not cover that sale. This LICENSE sets forth the terms and conditions of the SOFTWARE use only.
1. DEFINITIONS
1.1 Customer. Customer means the entity or individual that downloads the SOFTWARE.
2. GRANT OF LICENSE
2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer a non-exclusive, non-transferable license to install and use the SOFTWARE for use with NVIDIA GeForce or Titan branded hardware products owned by Customer, subject to the following:
2.1.1 Rights. Customer may install and use multiple copies of the SOFTWARE on a shared computer or concurrently on different computers, and make multiple back-up copies of the SOFTWARE, solely for Customer's use within Customer's Enterprise. "Enterprise" shall mean individual use by Customer or any legal entity (such as a corporation or university) and the subsidiaries it owns by more than fifty percent (50%).
2.1.2 Linux/FreeBSD Exception. Notwithstanding the foregoing terms of Section 2.1.1, SOFTWARE designed exclusively for use on the Linux or FreeBSD operating systems, or other operating systems derived from the source code to these operating systems, may be copied and redistributed, provided that the binary files thereof are not modified in any way (except for unzipping of compressed files).
2.1.3 Limitations.
No Modification or Reverse Engineering. Customer may not modify (except as provided in Section 2.1.2), reverse engineer, decompile, or disassemble the SOFTWARE, nor attempt in any other manner to obtain the source code.
No Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer, nor otherwise used separately from the other parts.
No Sublicensing or Distribution. Customer may not sell, rent, sublicense, distribute or transfer the SOFTWARE; or use the SOFTWARE for public performance or broadcast; or provide commercial hosting services with the SOFTWARE.
No Datacenter Deployment. The SOFTWARE is not licensed for datacenter deployment, except that blockchain processing in a datacenter is permitted.
3. TERMINATION
This LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts.
Defensive Suspension. If Customer commences or participates in any legal proceeding against NVIDIA, then NVIDIA may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings.
4. OWNERSHIP
All title and intellectual property rights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying materials, and any copies of the SOFTWARE, are owned by NVIDIA or its suppliers.
5. APPLICABLE LAW AND BINDING ARBITRATION
Governing Law. This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of Delaware, without regard to or application of its conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
Arbitration. For any claim against or dispute or controversy with NVIDIA relating to this LICENSE or that may arise from it or out of use of the SOFTWARE (collectively, “Disputes”), Customer agrees to first contact NVIDIA by U.S. Mail at NVIDIA Corporation, ATTN: Legal, 2788 San Tomas Expressway, Santa Clara, California, 95051 and attempt to resolve the Dispute with NVIDIA informally. In the unlikely event that NVIDIA has not been able to resolve such Dispute it has with Customer within 60 days of Customer’s original informal claim (or sooner if, in NVIDIA's opinion, a Dispute is not likely to be resolved within 60 days), Customer and NVIDIA each agree to resolve any such Dispute (excluding any NVIDIA claims for injunctive or other equitable relief) by binding arbitration before an arbitrator from Judicial Mediation and Arbitration Services ("JAMS") located in Santa Clara County, California under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Santa Clara County, California (or the nearest JAMS Office to Santa Clara County), unless Customer requests an in-person hearing in Customer’s hometown or Customer and NVIDIA agree otherwise. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, intellectual property rights, or other proprietary rights. If for any reason this agreement to arbitrate is found not to apply to a Dispute and as a result a Dispute proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Santa Clara County, California.
Class Action & Jury Trial Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION UNLESS SUCH ARBITRATION IS NECESSARY TO EFFECTUATE THE ENFORCEMENT OF THE COURT CLASS ACTION WAIVER OR IN THE EVENT THAT CLASS ARBITRATION IS EXPRESSLY AGREED TO BY NVIDIA. CUSTOMER AGREES THAT, BY ENTERING INTO THIS LICENSE, CUSTOMER AND NVIDIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Right to Opt Out. CUSTOMER MAY OPT OUT OF THE FOREGOING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION OF THIS LICENSE BY NOTIFYING NVIDIA IN WRITING WITHIN 30 DAYS OF COMMENCEMENT OF USE OF THE SOFTWARE UNDER THIS LICENSE. SUCH WRITTEN NOTIFICATION MUST BE SENT TO ATTN: LEGAL, 2788 SAN TOMAS EXPRESSWAY, SANTA CLARA, CALIFORNIA, 95051 AND MUST INCLUDE (1) CUSTOMER’S NAME, (2) CUSTOMER’S ADDRESS, (3) THE REFERENCE TO GEFORCE SOFTWARE AS THE SOFTWARE THE NOTICE RELATES TO, AND (4) A CLEAR STATEMENT INDICATING THAT CUSTOMER DOES NOT WISH TO RESOLVE DISPUTES THROUGH ARBITRATION AND DEMONSTRATING COMPLIANCE WITH THE 30 DAY TIME LIMIT TO OPT OUT.
6. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO OR ARISING FROM THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Without limiting the foregoing, Customer is solely responsible for determining and verifying that the SOFTWARE that Customer obtains and installs is the appropriate version for Customer’s model of graphics controller board, operating system, and computer hardware.
6.2 Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NVIDIA’S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS LICENSE EXCEED THE NET AMOUNT PAID TO NVIDIA FOR CUSTOMER’S USE OF THE PARTICULAR SOFTWARE UPON WHICH LIABILITY IS BASED, OR US$10.00 IF NVIDIA RECEIVED NO FEES FOR CUSTOMER’S USE OF THE SOFTWARE.
7. SYSTEM UPDATES
Customer hereby agrees and acknowledges that the SOFTWARE may access and collect information about, update, and configure Customer's system in order to properly optimize such system for use with the SOFTWARE. To the extent that Customer uses the SOFTWARE, Customer hereby consents to all of the foregoing, and represent and warrant that Customer has the right to grant such consent. In addition, Customer agrees that Customer is solely responsible for maintaining appropriate data backups and system restore points for Customer's system, and that NVIDIA will have no responsibility for any damage or loss to such system (including loss of data or access) arising from or relating to (a) any changes to the configuration, application settings, environment variables, registry, drivers, BIOS, or other attributes of the system (or any part of such system) initiated through the SOFTWARE; or (b) installation of any SOFTWARE or third party software patches through the NVIDIA update service. The SOFTWARE may contain links to websites and services. NVIDIA encourages Customer to review the privacy statements on those sites and services that Customer chooses to visit so that Customer can understand how they may collect, use and share Customer’s personal information. NVIDIA is not responsible for the privacy statements or practices of sites and services controlled by other companies or organizations.
Registration and Customer Information. Customer represents and warrants that the information that Customer has furnished in connection with its registration for the SOFTWARE is complete and accurate. To the extent that Customer provides to NVIDIA during registration or otherwise personal data, Customer also acknowledges that such information will be collected, used, and disclosed by NVIDIA in accordance with NVIDIA's privacy policy, available at URL http://www.nvidia.com/object/privacy_policy.html. If Customer does not wish the SOFTWARE to provide system updates as described in this Section 7, uncheck "Automatically check for updates" in the "Preferences" tab of the applicable NVIDIA update control panel for the SOFTWARE.
8. MISCELLANEOUS
If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of NVIDIA. Customer agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by the United States Bureau of Industry and Security or any applicable export laws, restrictions or regulations.
-------------------
AGREEMENT FOR CUSTOMER USE OF NVIDIA GEFORCE EXPERIENCE SOFTWARE
This License Agreement For Customer Use of NVIDIA GEFORCE SOFTWARE ("AGREEMENT") is the agreement which governs use of the GeForce Experience computer software, installers and drivers downloaded in connection therewith and any accompanying documentation (together, the “SOFTWARE”) of NVIDIA Corporation and its subsidiaries ("NVIDIA"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. NVIDIA is willing to license the SOFTWARE to you only on the condition that you accept all of the terms contained in this AGREEMENT. By downloading, installing, copying, or otherwise using the SOFTWARE, you indicate that you understand this AGREEMENT and agree to be bound by all of its terms. If you do not agree to all of the terms of this AGREEMENT, then NVIDIA is unwilling to license the SOFTWARE to you and you must return or destroy all copies of the SOFTWARE and not download, install, copy, or otherwise use the SOFTWARE.
RECITALS
Use of NVIDIA's products requires three elements: the SOFTWARE, the hardware on a graphics controller board, and a personal computer (collectively, such hardware and personal computer is defined herein as "CUSTOMER SYSTEM"). The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is only licensed for use, strictly in accordance with this AGREEMENT. The hardware is protected by various patents, and is sold, but this AGREEMENT does not cover that sale, since it may not necessarily be sold as a package with the SOFTWARE. This AGREEMENT sets forth the terms and conditions of the SOFTWARE license only.
1. DEFINITIONS
1.1 Customer. Customer means the entity or individual that downloads and/or installs the SOFTWARE.
2. GRANT OF LICENSE
2.1 Rights and Limitations of Grant. Provided Customer complies with the terms in this AGREEMENT, NVIDIA hereby grants a non-exclusive, non-transferable right for a single Customer to load, install, run, and use the executable form of the SOFTWARE in the manner and for the purposes described in the associated printed materials, with the following limitations:
2.1.1 Rights. Customer may install and use one copy of the SOFTWARE on CUSTOMER SYSTEM, and except for making one back-up copy of the SOFTWARE, may not otherwise copy the SOFTWARE. The SOFTWARE may not be shared or used concurrently on different computers.
2.1.2 Limitations. Except as expressly specified in this AGREEMENT, Customer may not: (a) copy (except in the course of loading or installing) or modify the SOFTWARE, including but not limited to, adding new features or otherwise making adaptations that alter the functioning of the SOFTWARE; (b) reverse engineer, decompile, or disassemble the SOFTWARE, or attempt in any other manner to obtain the source code, in whole or part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition; (c) remove any copyright or other proprietary rights notices from the SOFTWARE; (d) transfer, sublicense, lend, rent, lease or otherwise distribute the SOFTWARE to someone else; or (e) make the functionality of the SOFTWARE available to multiple users through any means, including but not limited to, by uploading the SOFTWARE to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services.
2.2 Additional Information.
7-Zip. The SOFTWARE includes the 7-Zip software program ("7-Zip"). Use of the source code for 7-Zip is subject to the terms and conditions found at www.7-zip.org.
3. CONSENT TO COLLECTION AND USE OF INFORMATION
Customer hereby acknowledges that the SOFTWARE accesses and collects both non-personally identifiable information and personally identifiable information about Customer and CUSTOMER SYSTEM as well as configures CUSTOMER SYSTEM in order to (a) properly optimize CUSTOMER SYSTEM for use with the SOFTWARE, (b) deliver content through the SOFTWARE, (c) improve NVIDIA products and services, and (d) deliver marketing communications. Information collected by the SOFTWARE includes, but is not limited to, CUSTOMER SYSTEM'S (i) hardware configuration and ID, (ii) operating system and driver configuration, (iii) installed games and applications, (iv) games and applications settings, performance, and usage data, and (iv) usage metrics of the SOFTWARE. To the extent that Customer uses the SOFTWARE, Customer hereby consents to all of the foregoing, and represents and warrants that Customer has the right to grant such consent.
In addition, Customer agrees that Customer is solely responsible for maintaining appropriate data backups and system restore points for CUSTOMER SYSTEM, and that NVIDIA will have no responsibility for any damage or loss to CUSTOMER SYSTEM (including loss of data or access) arising from or relating to (y) any changes to the configuration, application settings, environment variables, registry, drivers, BIOS, or other attributes of CUSTOMER SYSTEM (or any part of CUSTOMER SYSTEM) initiated through the SOFTWARE; or (z) installation of any SOFTWARE or third party software patches initiated through the SOFTWARE. The SOFTWARE may contain links to websites and services. NVIDIA encourages Customer to review the privacy statements on those sites and services that Customer chooses to visit so that Customer can understand how they may collect, use and share Customer’s personally identifiable information. NVIDIA is not responsible for the privacy statements or practices of sites and services controlled by other companies or organizations.
For more information on NVIDIA's collection, use, and disclosure of information from its SOFTWARE users, please refer to NVIDIA’s privacy policy available at URL http://www.nvidia.com/object/privacy_policy.html.
4. TERM AND TERMINATION
4.1 Term. Each license provided hereunder has a duration starting from the date of download and ending at the end of use of the associated CUSTOMER SYSTEM, subject to earlier termination as provided in the section below. This AGREEMENT remains in effect until the last license expires or terminates.
4.2 Termination. Customer may terminate the AGREEMENT at any time by destroying all copies of the SOFTWARE in Customer’s possession or control. This AGREEMENT will automatically terminate, with or without notice from NVIDIA, if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must, at NVIDIA’s option, either destroy or return all copies of the SOFTWARE and all of its component parts in Customer’s possession or control. If Customer commences or participates in any legal proceeding against NVIDIA, then NVIDIA may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this AGREEMENT during the pendency of such legal proceedings.
5. COPYRIGHT
5.1 Copyright Ownership. The copy of the SOFTWARE is licensed, not sold. Customer owns any media on which the SOFTWARE is recorded, but NVIDIA and its licensors or suppliers retain ownership of the copy of the SOFTWARE itself, including all copyrights and other intellectual property rights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE. The SOFTWARE is protected by copyright laws and international treaty provisions. Accordingly, Customer is required to treat the SOFTWARE like any other copyrighted material, except as otherwise allowed pursuant to this AGREEMENT and that it may make one copy of the SOFTWARE solely for backup or archive purposes, provided that Customer reproduces all copyright and proprietary notices that are on the original copy. The algorithms, structure, organization and source code of the SOFTWARE are the valuable trade secrets and confidential information of NVIDIA. Except as otherwise expressly provided herein, neither this AGREEMENT nor NVIDIA grants Customer any express or implied right under any NVIDIA patents, copyrights, trademarks, or other intellectual property rights in the SOFTWARE, and all rights, title and interest in and to the SOFTWARE not expressly granted are reserved by NVIDIA or its licensors or suppliers.
5.2 Recorded Content. The SOFTWARE enables Customers to record their electronic activity, including but not limited to gameplay (“CONTENT VIDEOS”), and upload or broadcast the CONTENT VIDEOS on services such as Twitch.tv and YouTube. Customers are solely responsible for their CONTENT VIDEOS and assume all risk arising from their use of third party websites, services, and networks. Customer represents and warrants that Customer is the creator and owner of any CONTENT VIDEOS or otherwise has sufficient rights and authority to post or publish them. By using the SOFTWARE to upload and publish CONTENT VIDEOS on third party websites, services, or networks, Customer agrees to indemnify and hold harmless NVIDIA and its officers, directors, employees and agents from and against any claims, disputes, demands, liabilities, damages, losses, costs, and expenses (“CLAIMS”) arising out of or in any way connected with Customer’s CONTENT VIDEOS, including but not limited to CLAIMS that Customer’s CONTENT VIDEOS (a) infringe, violate, or misappropriate any third party right, including copyright, trademark, patent, trade secret, moral right, privacy or publicity rights, or any other intellectual property or proprietary right; or (b) slander, defame, or libel any other person.
6. APPLICABLE LAW
This AGREEMENT shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of Delaware, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. The state and/or federal courts residing in Santa Clara County, California shall have exclusive jurisdiction over any dispute or claim arising out of this Agreement. Customer agrees to comply fully with all U.S. export laws and regulations to ensure that the SOFTWARE, any technical data related thereto, and any direct product thereof are not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, applicable export laws and regulations.
7. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
7.1 No Warranties. THE SOFTWARE IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NVIDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NVIDIA OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
7.2 Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS 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 THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. CUSTOMER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. NOTWITHSTANDING THE FOREGOING, NVIDIA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND UNITED STATES DOLLARS (USD$1,000.00). THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8. U.S. GOVERNMENT END USERS.
The SOFTWARE and associated documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the SOFTWARE and documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the SOFTWARE and documentation will be only those specified in this AGREEMENT.
9. MISCELLANEOUS
Customer may not assign or transfer this AGREEMENT or any rights granted hereunder, by operation of law or otherwise, without NVIDIA’s prior written consent, and any attempt by Customer to do so, without such consent, will be void. Except as expressly set forth in this AGREEMENT, the exercise by either party of any of its remedies under this AGREEMENT will be without prejudice to its other remedies under this AGREEMENT or otherwise. If any provision of this AGREEMENT is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed to the maximum extent possible, and the other provisions will remain in full force and effect. This AGREEMENT is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous proposals, understandings, communications, and agreements relating to such subject matter, whether oral or written, unless Customer and NVIDIA execute a separate agreement governing the use of the SOFTWARE. Failure by either party to enforce any provision of this AGREEMENT will not constitute a waiver of future enforcement of that or any other provision. This AGREEMENT may only be waived or modified in writing signed by an authorized officer of NVIDIA.
Blackmagic Design Pty. Ltd.
License Agreement for all Desktop Video Products
IMPORTANT: Read this before installing this software. This is a legal contract between yourself and Blackmagic Design Pty. Ltd. Before you click on the “Agree” button, it's important you carefully read the terms and conditions of this Agreement. By clicking on the “Agree” button, you are agreeing to be bound by these terms and are becoming a party to this Agreement. If you do not agree to all of the terms, click the “Disagree” button and do not install or use this software.
1. Subject to payment of applicable license fees, Blackmagic Design Pty. Ltd. ("Blackmagic Design") hereby grants to you a non-exclusive license to use this software product (the "Software") and accompanying documentation on the terms below. The Software may be used on a single system only, and may be copied for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
2. Blackmagic Design makes no representations concerning the suitability for any purpose of the Software or about the accuracy of data or information made accessible by it. The Software is provided “as is” without express or implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose or non infringement of intellectual property rights of third persons. Blackmagic Design assumes no liability for any damages (whether direct, incidental or consequential) suffered by you or any third person as a result of use of the Software. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BLACKMAGIC DESIGN OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL BLACKMAGIC DESIGN BE LIABLE FOR ANY DAMAGES IN EXCESS OF BLACKMAGIC DESIGN'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF BLACKMAGIC DESIGN SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
3. Content accessed through or created by this Software is the property of the applicable content owner and may be protected by applicable copyright or other intellectual property laws. This License Agreement conveys no rights to such content.
4. Blackmagic Design has no obligation to issue any updates, revisions, corrections, new versions or manuals for this Software or otherwise to support this Software in any way.
5. Blackmagic Design reserves the right at any time to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of this Software.
6. The Software is owned by Blackmagic Design or its suppliers. Title, ownership rights, and intellectual property rights in and to the Software shall remain in Blackmagic Design and/or its suppliers. You agree to abide by the copyright law and all other applicable laws of Australia, the United States of America and other applicable jurisdictions. You acknowledge that the Software in source code form remains a confidential trade secret of Blackmagic Design and/or its suppliers. You may not, permit unlicensed persons to use your copy of the Software, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software, copy the Software, rent or lease, rights to the Software, or remove any proprietary notices or labels on the Software.
7. You may terminate this License Agreement at any time by destroying or erasing your copy of the Software. Your license will terminate automatically if you fail to comply with the limitations specified herein. Upon termination of this License Agreement, you agree to destroy or erase the Software. In the event of termination, the provisions of paragraphs 2 to 6 of this License Agreement will survive.
8. This License Agreement shall be governed by the laws of the state of Victoria, Australia, and the applicable local law of such jurisdiction where Blackmagic Design's intellectual property rights may be infringed. The venue of any dispute under this License Agreement shall be the applicable state and/or courts of Victoria, Australia; except that Blackmagic Design may enforce its intellectual property rights before the competent courts of any jurisdiction where an act of infringement has occurred. Final decisions of the specified courts may be enforced in any court of competent jurisdiction.
9. If any provision of this License Agreement is unenforceable, invalid, or violates applicable law, such provision shall be deemed stricken and shall not affect the enforceability of any other provision of this License Agreement.
10. This License Agreement sets forth the entire agreement between you and Blackmagic Design. No change, modification, addition, or amendment to this License Agreement shall be valid unless in writing and signed by an authorized officer of Blackmagic Design.
© 2023 Blackmagic Design Pty. Ltd. All rights reserved. Blackmagic Design, Blackmagic, DeckLink, Multibridge, HDLink, Videohub, and "Leading the creative video revolution" are trademarks of Blackmagic Design Pty. Ltd., registered in the U.S.A and other countries.
For further information please contact:
Blackmagic Design Pty Ltd
180 Bank Street
South Melbourne, Victoria 3205
Australia.
www.blackmagicdesign.com
Notepad++
COPYING -- Describes the terms under which Notepad++ is distributed.
A copy of the GNU GPL is appended to this file.
IMPORTANT NOTEPAD++ LICENSE TERMS
Copyright (C)2021 Don HO <don.h@free.fr>. This program is free software; you may redistribute and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; Version 3 with the clarifications and exceptions described below. This guarantees your right to use, modify, and redistribute this software under certain conditions.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
******************************************************************
GNU GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright (C) 2007 Free Software Foundation, Inc. <https://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
Preamble
The GNU General Public License is a free, copyleft license for software and other kinds of works.
The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users. We, the Free Software Foundation, use the GNU General Public License for most of our software; it applies also to any other work released this way by its authors. You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.
To protect your rights, we need to prevent others from denying you these rights or asking you to surrender the rights. Therefore, you have certain responsibilities if you distribute copies of the software, or if you modify it: responsibilities to respect the freedom of others.
For example, if you distribute copies of such a program, whether gratis or for a fee, you must pass on to the recipients the same freedoms that you received. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.
Developers that use the GNU GPL protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License giving you legal permission to copy, distribute and/or modify it.
For the developers' and authors' protection, the GPL clearly explains that there is no warranty for this free software. For both users' and authors' sake, the GPL requires that modified versions be marked as changed, so that their problems will not be attributed erroneously to authors of previous versions.
Some devices are designed to deny users access to install or run modified versions of the software inside them, although the manufacturer can do so. This is fundamentally incompatible with the aim of protecting users' freedom to change the software. The systematic pattern of such abuse occurs in the area of products for individuals to use, which is precisely where it is most unacceptable. Therefore, we have designed this version of the GPL to prohibit the practice for those products. If such problems arise substantially in other domains, we stand ready to extend this provision to those domains in future versions of the GPL, as needed to protect the freedom of users.
Finally, every program is threatened constantly by software patents. States should not allow patents to restrict development and use of software on general-purpose computers, but in those that do, we wish to avoid the special danger that patents applied to a free program could make it effectively proprietary. To prevent this, the GPL assures that patents cannot be used to render the program non-free.
The precise terms and conditions for copying, distribution and modification follow.
TERMS AND CONDITIONS
0. Definitions.
"This License" refers to version 3 of the GNU General Public License.
"Copyright" also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.
"The Program" refers to any copyrightable work licensed under this License. Each licensee is addressed as "you". "Licensees" and "recipients" may be individuals or organizations.
To "modify" a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a "modified version" of the earlier work or a work "based on" the earlier work.
A "covered work" means either the unmodified Program or a work based on the Program.
To "propagate" a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well.
To "convey" a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.
An interactive user interface displays "Appropriate Legal Notices" to the extent that it includes a convenient and prominently visible feature that (1) displays an appropriate copyright notice, and (2) tells the user that there is no warranty for the work (except to the extent that warranties are provided), that licensees may convey the work under this License, and how to view a copy of this License. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion.
1. Source Code.
The "source code" for a work means the preferred form of the work for making modifications to it. "Object code" means any non-source form of a work.
A "Standard Interface" means an interface that either is an official standard defined by a recognized standards body, or, in the case of interfaces specified for a particular programming language, one that is widely used among developers working in that language.
The "System Libraries" of an executable work include anything, other than the work as a whole, that (a) is included in the normal form of packaging a Major Component, but which is not part of that Major Component, and (b) serves only to enable use of the work with that Major Component, or to implement a Standard Interface for which an implementation is available to the public in source code form. A "Major Component", in this context, means a major essential component (kernel, window system, and so on) of the specific operating system (if any) on which the executable work runs, or a compiler used to produce the work, or an object code interpreter used to run it.
The "Corresponding Source" for a work in object code form means all the source code needed to generate, install, and (for an executable work) run the object code and to modify the work, including scripts to control those activities. However, it does not include the work's System Libraries, or general-purpose tools or generally available free programs which are used unmodified in performing those activities but which are not part of the work. For example, Corresponding Source includes interface definition files associated with source files for the work, and the source code for shared libraries and dynamically linked subprograms that the work is specifically designed to require, such as by intimate data communication or control flow between those subprograms and other parts of the work.
The Corresponding Source need not include anything that users can regenerate automatically from other parts of the Corresponding Source.
The Corresponding Source for a work in source code form is that same work.
2. Basic Permissions.
All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the unmodified Program. The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work. This License acknowledges your rights of fair use or other equivalent, as provided by copyright law.
You may make, run and propagate covered works that you do not convey, without conditions so long as your license otherwise remains in force. You may convey covered works to others for the sole purpose of having them make modifications exclusively for you, or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus making or running the covered works for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you.
Conveying under any other circumstances is permitted solely under the conditions stated below. Sublicensing is not allowed; section 10 makes it unnecessary.
3. Protecting Users' Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures.
When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work's users, your or third parties' legal rights to forbid circumvention of technological measures.
4. Conveying Verbatim Copies.
You may convey verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program.
You may charge any price or no price for each copy that you convey, and you may offer support or warranty protection for a fee.
5. Conveying Modified Source Versions.
You may convey a work based on the Program, or the modifications to produce it from the Program, in the form of source code under the terms of section 4, provided that you also meet all of these conditions:
a) The work must carry prominent notices stating that you modified it, and giving a relevant date.
b) The work must carry prominent notices stating that it is released under this License and any conditions added under section 7. This requirement modifies the requirement in section 4 to "keep intact all notices".
c) You must license the entire work, as a whole, under this License to anyone who comes into possession of a copy. This License will therefore apply, along with any applicable section 7 additional terms, to the whole of the work, and all its parts, regardless of how they are packaged. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it.
d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so.
A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an "aggregate" if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit. Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate.
6. Conveying Non-Source Forms.
You may convey a covered work in object code form under the terms of sections 4 and 5, provided that you also convey the machine-readable Corresponding Source under the terms of this License, in one of these ways:
a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange.
b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge.
c) Convey individual copies of the object code with a copy of the written offer to provide the Corresponding Source. This alternative is allowed only occasionally and noncommercially, and only if you received the object code with such an offer, in accord with subsection 6b.
d) Convey the object code by offering access from a designated place (gratis or for a charge), and offer equivalent access to the Corresponding Source in the same way through the same place at no further charge. You need not require recipients to copy the Corresponding Source along with the object code. If the place to copy the object code is a network server, the Corresponding Source may be on a different server (operated by you or a third party) that supports equivalent copying facilities, provided you maintain clear directions next to the object code saying where to find the Corresponding Source. Regardless of what server hosts the Corresponding Source, you remain obligated to ensure that it is available for as long as needed to satisfy these requirements.
e) Convey the object code using peer-to-peer transmission, provided you inform other peers where the object code and Corresponding Source of the work are being offered to the general public at no charge under subsection 6d.
A separable portion of the object code, whose source code is excluded from the Corresponding Source as a System Library, need not be included in conveying the object code work.
A "User Product" is either (1) a "consumer product", which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, "normally used" refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.
"Installation Information" for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.
If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).
The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network.
Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying.
7. Additional Terms.
"Additional permissions" are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions.
When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission.
Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or
b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or
c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or
d) Limiting the use for publicity purposes of names of licensors or authors of the material; or
e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or
f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors.
All other non-permissive additional terms are considered "further restrictions" within the meaning of section 10. If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term. If a license document contains a further restriction but permits relicensing or conveying under this License, you may add to a covered work material governed by the terms of that license document, provided that the further restriction does not survive such relicensing or conveying.
If you add terms to a covered work in accord with this section, you must place, in the relevant source files, a statement of the additional terms that apply to those files, or a notice indicating where to find the applicable terms.
Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way.
8. Termination.
You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).
However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.
Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.
9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.
An "entity transaction" is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.
11. Patents.
A "contributor" is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's "contributor version".
A contributor's "essential patent claims" are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, "control" includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.
In the following three paragraphs, a "patent license" is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To "grant" such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.
If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. "Knowingly relying" means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.
A patent license is "discriminatory" if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.
12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.
13. Use with the GNU Affero General Public License.
Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU Affero General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the special requirements of the GNU Affero General Public License, section 13, concerning interaction through a network will apply to the combination as such.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of the GNU General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU General Public License "or any later version" applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU General Public License, you may choose any version ever published by the Free Software Foundation.
If the Program specifies that a proxy can decide which future versions of the GNU General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program.
Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.
* * * * * End of Exhibit B * * * * *