162 lines
10 KiB
Plaintext
162 lines
10 KiB
Plaintext
SYNAPTICS WIRELESS CONNECTIVITY DEVICES
|
|
DRIVER END USER LICENSE AGREEMENT (BINARY DISTRIBUTION)
|
|
|
|
PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE
|
|
DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE, ANY ACCOMPANYING
|
|
DOCUMENTATION, OR ANY UPDATES PROVIDED BY SYNAPTICS ("Software"). BY
|
|
DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND
|
|
BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
|
|
AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE. IF YOU HAVE
|
|
PURCHASED THE SOFTWARE, YOUR RIGHT TO RETURN THE SOFTWARE EXPIRES 30 DAYS
|
|
AFTER YOUR PURCHASE AND APPLIES ONLY TO THE ORIGINAL PURCHASER.
|
|
|
|
Software Provided in Binary Code Form. This paragraph applies to any Software
|
|
provided in binary code form. Subject to the terms and conditions of this
|
|
Agreement, Synaptics Incorporated ("Synaptics") grants you a
|
|
non-exclusive, non-transferable license under its copyright rights in the
|
|
Software to reproduce and distribute the Software in object code form only,
|
|
solely for use in connection with Synaptics integrated circuit products
|
|
("Purpose").
|
|
|
|
Proprietary Rights. The Software, including all intellectual property rights
|
|
therein, is and will remain the sole and exclusive property of Synaptics or its
|
|
suppliers. Except as otherwise expressly provided in this Agreement, you may
|
|
not: (i) modify, adapt, or create derivative works based upon the Software;
|
|
(ii) copy the Software; (iii) except and only to the extent explicitly
|
|
permitted by applicable law despite this limitation, decompile, translate,
|
|
reverse engineer, disassemble or otherwise reduce the Software to
|
|
human-readable form; or (iv) use the Software other than for the Purpose.
|
|
|
|
No Support. Synaptics may, but is not required to, provide technical support for
|
|
the Software.
|
|
|
|
Term and Termination. This Agreement is effective until terminated. This
|
|
Agreement and Your license rights will terminate immediately without notice
|
|
from Synaptics if you fail to comply with any provision of this Agreement. Upon
|
|
termination, you must destroy all copies of Software in your possession or
|
|
control. Termination of this Agreement will not affect any licenses validly
|
|
granted as of the termination date to any end users of the Software. The
|
|
following paragraphs shall survive any termination of this Agreement:
|
|
"Proprietary Rights," "Compliance With Law,"
|
|
"Disclaimer," "Limitation of Liability," and "General."
|
|
|
|
Compliance With Law. Each party agrees to comply with all applicable laws,
|
|
rules and regulations in connection with its activities under this Agreement.
|
|
Without limiting the foregoing, the Software may be subject to export control
|
|
laws and regulations of the United States and other countries. You agree to
|
|
comply strictly with all such laws and regulations and acknowledge that you
|
|
have the responsibility to obtain licenses to export, re-export, or import
|
|
the Software.
|
|
|
|
Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYNAPTICS MAKES
|
|
NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE,
|
|
INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF
|
|
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Synaptics reserves the
|
|
right to make changes to the Software without notice. Synaptics does not assume
|
|
any liability arising out of the application or use of Software or any
|
|
product or circuit described in the Software. Synaptics does not authorize its
|
|
products for use as critical components in life-support systems where a
|
|
malfunction or failure may reasonably be expected to result in significant
|
|
injury to the user. The inclusion of Synaptics product in a life-support
|
|
system or application implies that the manufacturer of such system or
|
|
application assumes all risk of such use and in doing so indemnifies Synaptics
|
|
against all charges.
|
|
|
|
Limitation of Liability. IN NO EVENT WILL SYNAPTICS OR ITS SUPPLIERS,
|
|
RESELLERS, OR DISTRIBUTORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA,
|
|
OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES
|
|
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE
|
|
USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF SYNAPTICS OR ITS SUPPLIERS,
|
|
RESELLERS, OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
|
|
DAMAGES. IN NO EVENT SHALL SYNAPTICS' OR ITS SUPPLIERS' RESELLERS', OR
|
|
DISTRIBUTORS' TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING
|
|
NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE.
|
|
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS
|
|
OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
|
|
LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
|
|
LIMITATION MAY NOT APPLY TO YOU.
|
|
|
|
Restricted Rights. The Software under this Agreement is commercial computer
|
|
software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If
|
|
acquired by or on behalf of a civilian agency, the U.S. Government acquires
|
|
this commercial computer software and/or commercial computer software
|
|
documentation subject to the terms of this Agreement as specified in 48
|
|
C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal
|
|
Acquisition Regulations ("FAR") and its successors. If acquired by or on
|
|
behalf of any agency within the Department of Defense ("DOD"), the U.S.
|
|
Government acquires this commercial computer software and/or commercial
|
|
computer software documentation subject to the terms of this Agreement as
|
|
specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its
|
|
successors.
|
|
|
|
General. This Agreement will bind and inure to the benefit of each party's
|
|
successors and assigns, provided that you may not assign or transfer this
|
|
Agreement, in whole or in part, without Synaptics' written consent. This
|
|
Agreement shall be governed by and construed in accordance with the laws of
|
|
the State of California, United States of America, as if performed wholly
|
|
within the state and without giving effect to the principles of conflict of
|
|
law. The parties consent to personal and exclusive jurisdiction of and venue
|
|
in, the state and federal courts within Santa Clara County, California;
|
|
provided however, that nothing in this Agreement will limit Synaptics' right to
|
|
bring legal action in any venue in order to protect or enforce its
|
|
intellectual property rights. No failure of either party to exercise or
|
|
enforce any of its rights under this Agreement will act as a waiver of such
|
|
rights. If any portion hereof is found to be void or unenforceable, the
|
|
remaining provisions of this Agreement shall remain in full force and
|
|
effect. This Agreement is the complete and exclusive agreement between the
|
|
parties with respect to the subject matter hereof, superseding and replacing
|
|
any and all prior agreements, communications, and understandings (both
|
|
written and oral) regarding such subject matter. Any notice to Synaptics will
|
|
application assumes all risk of such use and in doing so indemnifies Synaptics
|
|
against all charges.
|
|
|
|
Limitation of Liability. IN NO EVENT WILL SYNAPTICS OR ITS SUPPLIERS,
|
|
RESELLERS, OR DISTRIBUTORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA,
|
|
OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES
|
|
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE
|
|
USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF SYNAPTICS OR ITS SUPPLIERS,
|
|
RESELLERS, OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
|
|
DAMAGES. IN NO EVENT SHALL SYNAPTICS' OR ITS SUPPLIERS' RESELLERS', OR
|
|
DISTRIBUTORS' TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING
|
|
NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE.
|
|
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS
|
|
OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
|
|
LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
|
|
LIMITATION MAY NOT APPLY TO YOU.
|
|
|
|
Restricted Rights. The Software under this Agreement is commercial computer
|
|
software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If
|
|
acquired by or on behalf of a civilian agency, the U.S. Government acquires
|
|
this commercial computer software and/or commercial computer software
|
|
documentation subject to the terms of this Agreement as specified in 48
|
|
C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal
|
|
Acquisition Regulations ("FAR") and its successors. If acquired by or on
|
|
behalf of any agency within the Department of Defense ("DOD"), the U.S.
|
|
Government acquires this commercial computer software and/or commercial
|
|
computer software documentation subject to the terms of this Agreement as
|
|
specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its
|
|
successors.
|
|
|
|
General. This Agreement will bind and inure to the benefit of each party's
|
|
successors and assigns, provided that you may not assign or transfer this
|
|
Agreement, in whole or in part, without Synaptics' written consent. This
|
|
Agreement shall be governed by and construed in accordance with the laws of
|
|
the State of California, United States of America, as if performed wholly
|
|
within the state and without giving effect to the principles of conflict of
|
|
law. The parties consent to personal and exclusive jurisdiction of and venue
|
|
in, the state and federal courts within Santa Clara County, California;
|
|
provided however, that nothing in this Agreement will limit Synaptics' right to
|
|
bring legal action in any venue in order to protect or enforce its
|
|
intellectual property rights. No failure of either party to exercise or
|
|
enforce any of its rights under this Agreement will act as a waiver of such
|
|
rights. If any portion hereof is found to be void or unenforceable, the
|
|
remaining provisions of this Agreement shall remain in full force and
|
|
effect. This Agreement is the complete and exclusive agreement between the
|
|
parties with respect to the subject matter hereof, superseding and replacing
|
|
any and all prior agreements, communications, and understandings (both
|
|
written and oral) regarding such subject matter. Any notice to Synaptics will
|
|
be deemed effective when actually received and must be sent to Synaptics
|
|
Incorporated, ATTN: General Counsel, 1109 McKay Dr.
|
|
San Jose, CA 95131, USA
|
|
|