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authorfrancoism902022-01-08 13:59:36 +0100
committerfrancoism902022-01-08 13:59:36 +0100
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tree8b12f359b20fc25914e899f6c037c20c4233d722 /DISPLAYLINK-EULA
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+DISPLAYLINK SOFTWARE – END USER LICENSE AGREEMENT
+
+IMPORTANT - READ BEFORE DOWNLOADING, INSTALLING OR USING.
+
+BY DOWNLOADING, INSTALLING OR USING THIS SOFTWARE AND ANY ASSOCIATED MATERIALS
+(COLLECTIVELY, “THE SOFTWARE”), YOU AGREE TO BE BOUND BY THE TERMS OF THIS END
+USER LICENCE AGREEMENT (“EULA”). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA,
+YOU MAY NOT INSTALL OR USE THE SOFTWARE.
+
+1. LICENSE:
+
+1.1 This Software is licensed by DisplayLink Corp. (“DisplayLink”) on a
+non-exclusive, non-transferable basis for use only in conjunction with products
+which incorporate DisplayLink technology. Use of the Software otherwise than in
+conjunction with products which incorporate DisplayLink technology is not
+permitted.
+
+1.2 Any reference to DisplayLink under this EULA shall include its Affiliates.
+Affiliates shall mean any company that, directly or indirectly, Controls, is
+Controlled by or is under common Control with DisplayLink.
+
+1.3 You may not install, copy, modify, reverse engineer, decompile,
+disassemble, create derivative works from, rent, sell, distribute, sublicense,
+offer as a service or transfer any part of the Software except as provided in
+this EULA or as permitted by applicable law, and you agree to prevent
+unauthorized copying of the Software.
+
+1.4 This Software utilizes portions of code and software libraries which are
+subject to other terms and conditions (“Open Source Elements”), and such Open
+Source Elements and the applicable terms and conditions are identified in
+documentation accompanying this Software.
+
+1.5 You may distribute the Software (other than the Open Source Elements) only
+(i) without modification, (ii) in an unobfuscated form which allows the Software
+to be identified, and (iii) subject to the terms and conditions of this EULA, a
+copy of which shall be included with any such distribution. You may use, copy,
+modify and distribute the Open Source Elements in accordance with the terms and
+conditions applicable to them.
+
+1.6 If you are an end user:
+
+a. you may install the Software on any personal electronic device owned or
+controlled by you for your personal use;
+
+b. you may make a back-up copy of the Software only for the purposes of (i)
+restoring the Software on a device you have previously installed it on, or (ii)
+installing the Software on a device which replaces a device you have previously
+installed it on where the Software is no longer in use on that device.
+
+1.7 If you are a network administrator or IT manager:
+
+a. you may install the Software on your organization's IT systems and on
+personal electronic devices owned or controlled by your organization or its
+staff, for your organization's use;
+
+b. you may make a reasonable number of back-up copies of the Software only for
+the purposes of installing or restoring the Software.
+
+2. NO OTHER RIGHTS. No rights or licenses are granted by DisplayLink to you,
+expressly or by implication, with respect to any proprietary information or
+patent, copyright, mask work, trademark, trade secret, or other intellectual
+property right owned or controlled by DisplayLink, except as expressly provided
+in this EULA. All rights not expressly granted are reserved. If you obtained the
+Software within a country of the European Community, this EULA is subject to any
+rights available under the European Community Software Directive (2009/24/EC).
+
+3. OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software
+remains with DisplayLink or its suppliers. The Software is copyrighted and
+protected by the laws of the United States and other countries, and
+international treaty provisions. You may not remove any copyright notices from
+the Software. DisplayLink may make changes to the Software, or to items
+referenced therein, at any time without notice, but is not obligated to support
+or update the Software. You may not assign or transfer any of your rights or
+obligations under this EULA to a third party without the prior written consent
+of DisplayLink. DisplayLink may freely assign or transfer this EULA.
+
+4. USE OF SOFTWARE. You represent and warrant that:
+
+a. you are not (i) situated in a country has been designated by the U.S.
+Government as a “terrorist supporting” country or that is subject to a U.S.
+Government embargo, or (ii) included on any U.S. Government list of prohibited
+or restricted parties;
+
+b. you will not (i) use the Software in violation of any applicable laws or
+regulations, (ii) infringe the intellectual property or other rights of any
+third party, or (iii) transmit viruses, malware or other harmful or malicious
+computer code.
+
+5. EXCLUSION OF WARRANTIES. EXCEPT WITH RESPECT TO ANY WARRANTIES WHICH MAY NOT
+LAWFULLY BE EXCLUDED, WHICH ARE EXPRESSLY PRESERVED, THE SOFTWARE IS PROVIDED
+"AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT
+LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A
+PARTICULAR PURPOSE. DisplayLink does not warrant or assume responsibility for
+the accuracy or completeness of any information, text, graphics, links or other
+items contained within the Software. The Software is not error free and is not
+designed for use in life support or medical monitoring systems, other critical
+applications or ultra-hazardous activities. Further the Software is not designed
+to meet standards for military applications. You and your distributors and
+customers assume the full risk of any such uses and you will indemnify and hold
+DisplayLink harmless from any claims that arise as a result of such uses.
+
+6. LIMITATION OF LIABILITY. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. IN
+NO EVENT SHALL DISPLAYLINK OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY
+DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS
+INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE
+THE SOFTWARE, EVEN IF DISPLAYLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
+DAMAGES, TO THE EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS PROHIBIT
+EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR
+INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO
+HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
+
+7. TERMINATION OF THIS AGREEMENT. DisplayLink may terminate this EULA at any
+time by notice to you. This EULA will also automatically terminate if you
+violate its terms. Upon termination, you will immediately destroy the Software
+or return all copies of the Software to DisplayLink. The provisions of clauses
+2, 3, 5, 6, 7, 8 and 9 shall survive any termination.
+
+8. APPLICABLE LAWS. Claims arising under this EULA shall be governed by the
+laws of California, excluding its principles of conflict of laws and the United
+Nations Convention on Contracts for the International Sale of Goods. You may not
+export the Software in violation of applicable export laws and regulations.
+DisplayLink is not obligated under any other agreements unless they are in
+writing and signed by an authorized representative of DisplayLink. Should a
+court of competent jurisdiction find any part of this EULA to be invalid or
+unenforceable, the remainder of this EULA shall continue in full force and
+effect.
+
+9. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED
+RIGHTS." Use, duplication, or disclosure by the Government is subject to
+restrictions as set forth in FAR 52.227-14 and DFAR 252.227-7013 et seq. or its
+successor. Use of the Software by the Government constitutes acknowledgment of
+DisplayLink's proprietary rights therein. Contractor or Manufacturer is
+DisplayLink (UK) Limited, 22 Cambridge Science Park, Milton Road, Cambridge, CB4
+0GH, United Kingdom.
+