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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.
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