END USER LICENSE AGREEMENT
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MEDIA, YOU MUST IMMEDIATELY DELETE THE SOFTWARE FROM YOUR HARDWARE AND IMMEDIATELY RETURN THE SOFTWARE TO DIAMOND SYSTEMS CORPORATION.
PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE PROGRAM OR DOCUMENTATION OR ANY COPY,
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. REDISTRIBUTION NOT PERMITTED.
1. License. This software program provided in any medium or delivery mechanism (the "Program") and any
accompanying read-me and help files (the "Documentation") are licensed, not sold, to you by Diamond Systems
Corporation, a California corporation (“Licensor”). The term "Program" shall also include any updates of
the Program provided to you by Licensor at any time subsequent to the time of your acceptance of these terms.
Subject to the terms of this agreement, you have a non-exclusive right to use the Program and Documentation
only on products designated by Licensor and only on such products located in the United States and its
territories or any other country to which this Program is legally exported. This Program is "in use" on a
computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g.
hard drive, CD-ROM or other storage device) of that computer. You agree to use your best efforts to prevent and
protect the contents of the Program and Documentation from unauthorized disclosure or use. Licensor and its licensors
reserve all rights not expressly granted to you. Licensor’s licensors are the intended third party beneficiaries
of this agreement and have the express right to rely upon and directly enforce the terms set forth herein.
2. Limitation on Use. You may not reverse assemble, reverse engineer, decompile or otherwise attempt
to create the source code from the Program, or otherwise seek or utilize any expression of the Software in other
than object code form. You may not remove the copyright notice from the Program. You may not release the results of
any performance or functional evaluation of any Program to any third party without prior written approval of Licensor
for each such release. Licensor reserves the right to conduct or have conducted audits to verify your compliance with this agreement.
3. 4. Copyright. The Program and related Documentation are copyrighted by Licensor and its licensors.
5. Ownership. You agree that the Program and Documentation and all copies thereof belong to Licensor and its licensors.
You agree that you neither own nor hereby acquire any claim or right of ownership to the Program and Documentation or
to any related patents, copyrights, trademarks or other intellectual property. Licensor and its licensors retain all right,
title and interest in and to the Documentation and all copies and the Program at all times, regardless of the form or media
in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any
subsequent copy. All content accessed through the Program is the property of the applicable content owner and may be
protected by applicable copyright law. This license gives you no rights to such content
6. Term and Termination. [This license is effective until terminated by Licensor.] This license
automatically terminates if you fail to comply with the terms and conditions of this license. You agree that, upon
such termination, you will either destroy (or permanently erase) all copies of the Program and Documentation, or
return the original Program and Documentation to Licensor, together with any other material you have received from
Licensor in connection with the Program, as designated by Licensor.
7. DISCLAIMER OF WARRANTY. To the maximum extent permitted by applicable law, LICENSOR AND ITS LICENSORS
PROVIDE THE PROGRAM AND THE DOCUMENTATION “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
lack of viruses, accuracy or completeness of responses, results, and lack of negligence or lack of workmanlike effort, all
with regard to the Software and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR
CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO the
Program and the Documentation. All risk of quality and performance of the Program and the Documentation is with YOU. Should
the Program prove defective, you and not Licensor assume the entire cost of any service and repair. This disclaimer of warranty
constitutes an essential part of this agreement.
8. LIMITATION OF REMEDIES AND LIABILITY. To the maximum extent permitted by applicable law, IN NO EVENT WILL LICENSOR
OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM
INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, BUSINESS INTERRUPTION,
LOSS OF CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, EVEN IF LICENSOR, ITS LICENSORS OR AN
AUTHORIZED LICENSOR DEALER, DISTRIBUTOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
OTHER PARTY. WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT LICENSOR IS FOUND LIABLE FOR DAMAGES TO YOU
IN A COMPETENT LEGAL PROCEEDING LICENSOR'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE LICENSE TERMS IS
LIMITED TO ONE THOUSAND U.S. DOLLARS ($1,000).
9. Applicable Law. This license will be governed by the laws of the State of California, without reference to conflicts
of laws principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this license.
10. Export Controls. The Program and the underlying information and technology may not be downloaded or otherwise exported
(i) to any country to which the U.S. has embargoed goods; (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) to anyone you know or have reason to know will utilize the
Program in the development or production of nuclear, chemical, or biological weapons. By downloading or using the Program, you are
agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident
of any such country or on any such list.
11. U.S. Government End Users. The Program is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995),
consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R.
12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
End Users acquire only those rights in the Program and the Documentation that are provided by this agreement.
12. Severability. If any provision of this agreement shall be held by a court of competent jurisdiction to be contrary to law,
the remaining provisions of this agreement shall remain in full force and effect.
13. No Other Agreements. This license constitutes the entire agreement between the parties with respect to the Program
and the Documentation, and supersedes any other written or oral agreement. If there is any conflict between the terms and conditions
of this license and any other agreement between the parties, the terms and conditions of the other agreement shall control, but only
upon mutual agreement by the parties hereto and except for the provisions of this license regarding the rights of Licensor’s licensors.
You must agree to the terms of this license agreement in order to download and use Universal Driver 7.0.
When you click to agree, you will be emailed a link to download the Universal Driver software.
