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3.3.9 |
IMPORTANT NOTICE: PLEASE
READ CAREFULLY BEFORE INSTALLING THE RELEVANT SOFTWARE: This licence agreement ("Licence")
is a legal agreement between you ("Licencee"
or "you") and Future Technology Devices International Limited of 2
Seaward Place, Centurion Business Park, Glasgow, Scotland, G41 1HH (UK Company
Number SC136640) ("Licensor" or "we) for use of driver software
provided by the Licensor ("Software").
BY INSTALLING OR USING THIS
SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. IF
YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE ARE UNWILLING TO LICENSE THE
SOFTWARE TO YOU AND YOU MUST DISCONTINUE INSTALLATION OF THE SOFTWARE NOW.
1. Grant and scope of licence
1.1
In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive,
non-transferable, royalty free licence to use the
Software on the terms of this Licence.
1.2
In this Licence a "Genuine FTDI Component"
means an item of hardware that was manufactured for, and sold by, the Licensor
or a member of the Licensor's group of companies. It does not include any
counterfeit or fake products.
1.3
If you are a manufacturer of a device that includes a Genuine FTDI Component
(each a "Device") then you may install the Software onto that device.
If you are a seller or distributor of a Device then
You may distribute the Software with the Device. If you are a user of a Device
then you may install the Software on the Device, or onto a computer system in order to use the Device.
1.4
In each of those cases you may:
1.4.1
install and use the Software for your purposes only; and
1.4.2
only use the Software in conjunction with products based on and/or
incorporating a Genuine FTDI Component.
1.5 The Software will not function properly on or with a component that is not a Genuine FTDI Component. Use of the Software as a driver for, or installation of the Software onto, a component that is not a Genuine FTDI Component, including without limitation counterfeit components, MAY IRRETRIEVABLY DAMAGE THAT COMPONENT. It is the Licensee's responsibility to make sure that all chips it installs the Software on, or uses the Software as a driver for, are Genuine FTDI Components. If in doubt then contact the Licensor.
1. If a custom vendor ID and/or product
ID or description string are used, it is the responsibility of the product
manufacturer to maintain any changes and subsequent WHQL re-certification as a result of making these changes.
1. Licensee's undertakings
3.1
Except as expressly set out in this Licence or as
permitted by any local law, you undertake:
3.1.1
not to copy the Software, except where such copying is incidental to normal use
of the Software or where it is necessary for the purpose of back-up or
operational security;
3.1.2
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify
the Software or any part of it;
3.1.3
not to make alterations to, or modifications of, the whole or any part of the
Software nor permit the Software or any part of it to be combined with, or
become incorporated in, any other programs;
3.1.4
not to disassemble, de-compile, reverse engineer or create derivative works
based on the whole or any part of the Software;
3.1.5
to keep all copies of the Software secure;
3.1.6
to include the copyright notice of the Licensor on all entire and partial
copies of the Software in any form; and
3.1.7
not to provide, or otherwise make available, the Software in any form, in whole
or in part (including, but not limited to, program listings, object and source
program listings, object code and source code) to any person.
1. Intellectual property rights
4.1
You acknowledge that all intellectual property rights in the Software throughout
the world belong to the Licensor, that rights in the Software are licensed (not
sold) to you, and that you have no rights in, or to, the Software other than
the right to use them in accordance with the terms of this Licence.
1. Warranty
5.1
To the maximum extent permitted by applicable law, the software is provided
"as is".
5.2
All implied warranties, implied conditions and/or implied licences are excluded from this Licence,
including but not limited to implied warranties of quality and/or fitness for
purpose (in all cases) to the fullest extent permitted by law.
5.3
You acknowledge that the Software has not been developed to meet your
individual requirements and that the Software may not be uninterrupted or free
of bugs or errors.
1. Licensor's liability
6.1
To the maximum extent permitted by applicable law, in no event shall the
Licensor be liable for any:
6.1.1
special loss or damage;
6.1.2
incidental loss or damage;
6.1.3
indirect or consequential loss or damage:
6.1.4
loss of income;
6.1.5
loss of business;
6.1.6
loss of profits;
6.1.7
loss of revenue;
6.1.8
loss of contracts;
6.1.9
business interruption;
6.1.10
loss of the use of money or anticipated savings;
6.1.11
loss of information;
6.1.12
loss of opportunity;
6.1.13
loss of goodwill or reputation; and/or
6.1.14
loss of, damage to or corruption of data;
(in
each case) of any kind howsoever arising and whether caused by delict
(including negligence), breach of contract or otherwise.
6.2
FTDI's total liability to you in relation to the Software shall not exceed 500
US Dollars.
6.3
Nothing in this Licence limits or excludes liability
for death or personal injury or for fraud.
1. Termination
7.1
The Licensor may terminate this Licence immediately
if:
7.1.1
you fail to comply with any of the terms and conditions of the Licence; or
7.1.2
you commence or participate in any legal proceedings against the Licensor.
7.2
Upon termination:
7.2.1
all rights granted to you under this Licence shall cease;
7.2.2
you must cease all activities authorised by this Licence; and
7.2.3
you must immediately delete or remove the Software from all computer equipment
in your possession and immediately destroy all copies of the Software then in
your possession, custody or control.
1. Transfer of rights and obligations
8.1
You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under
it.
8.2
The Licensor may transfer, assign, charge, sub-contract or otherwise dispose of
this Licence, or any of his rights or obligations
arising under it, at any time during the term of the Licence.
1. Waiver
9.1
If the Licensor fails, at any time during the term of this Licence,
to insist on strict performance of any of your obligations under this Licence, or if the Licensor fails to exercise any of the
rights or remedies to which he is entitled under this Licence,
this shall not constitute a waiver of such rights or remedies and shall not
relieve you from compliance with such obligations.
9.2
A waiver by the Licensor of any default shall not constitute a waiver of any
subsequent default.
9.3
No waiver by the Licensor of any of these terms and conditions shall be
effective unless it is expressly stated to be a waiver and is communicated to
you in writing.
10.
Severability
If any of the terms of this
Licence are determined by any competent authority to
be invalid, unlawful or unenforceable to any extent, such
term, condition or provision will to that extent be severed from the remaining
terms, conditions and provisions which will continue to be valid to the fullest
extent permitted by law.
11.
Entire agreement
11.1
This Licence constitutes the whole agreement between
us and supersedes any previous arrangement, understanding or agreement between
us, relating to the licensing of the Software.
11.2
Each party acknowledges that in entering into this Licence it does not rely on any statement, representation,
warranty or understanding other than those expressly set out in this Licence. Each party agrees that it will have no
remedy in respect of any statement, representation, warranty or understanding
that is not expressly set out in this Licence. Each
party agrees that its only remedy in respect of those representations,
statements, assurances and warranties that are set out
in this Licence will be for breach of contract in
accordance with the terms of this Licence.
11.3
The parties agree that nothing in this Licence will
limit or exclude any liability they may have for fraud.
12.
Miscellaneous
12.1
This Licence does not create a partnership or joint
venture between the parties to it, nor authorise a
party to act as agent for the other.
12.2
This Licence does not create any legal rights
enforceable by any third party.
12.3
This Licence may only be varied by express written
legal agreement between the parties.
13.
Law and jurisdiction
This Licence,
its subject matter or its formation (including
non-contractual disputes or claims) shall be governed by and construed in
accordance with Scots law and submitted to the non-exclusive jurisdiction of
the Scottish courts.
1. Definitions
1.1. “Contributor”
means each individual or
legal entity that creates, contributes to the creation of, or owns Covered
Software.
1.2. “Contributor Version”
means the combination of
the Contributions of others (if any) used by a Contributor and that particular Contributor’s Contribution.
1.3. “Contribution”
means Covered Software of a
particular Contributor.
1.4. “Covered Software”
means Source Code Form to
which the initial Contributor has attached the notice in Exhibit A, the Executable
Form of such Source Code Form, and Modifications of such Source Code Form, in
each case including portions thereof.
1.5. “Incompatible With Secondary Licenses”
means
1. that the initial Contributor has
attached the notice described in Exhibit B to the Covered Software; or
2. that the Covered Software was made
available under the terms of version 1.1 or earlier of the License, but not
also under the terms of a Secondary License.
1.6. “Executable Form”
means any form of the work
other than Source Code Form.
1.7. “Larger Work”
means a work that combines
Covered Software with other material, in a separate file or files, that is not
Covered Software.
1.8. “License”
means this document.
1.9. “Licensable”
means having the right to
grant, to the maximum extent possible, whether at the time of the initial grant
or subsequently, any and all of the rights conveyed by
this License.
1.10. “Modifications”
means any of the following:
1. any file in Source Code Form that
results from an addition to, deletion from, or modification of the contents of
Covered Software; or
2. any new file in Source Code Form
that contains any Covered Software.
1.11. “Patent Claims” of a
Contributor
means any patent claim(s),
including without limitation, method, process, and apparatus claims, in any patent
Licensable by such Contributor that would be infringed, but for the grant of
the License, by the making, using, selling, offering for sale, having made,
import, or transfer of either its Contributions or its Contributor Version.
1.12. “Secondary License”
means either the GNU
General Public License, Version 2.0, the GNU Lesser General Public License,
Version 2.1, the GNU Affero General Public License,
Version 3.0, or any later versions of those licenses.
1.13. “Source Code Form”
means the form of the work
preferred for making modifications.
1.14. “You” (or “Your”)
means an individual or a
legal entity exercising rights under this License. For legal entities, “You”
includes any entity that controls, is controlled by, or is under common control
with You. For purposes of this definition, “control” means (a) the power,
direct or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than fifty percent
(50%) of the outstanding shares or beneficial ownership of such entity.
2. License Grants and
Conditions
2.1. Grants
Each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license:
1. under intellectual property rights
(other than patent or trademark) Licensable by such Contributor to use,
reproduce, make available, modify, display, perform, distribute, and otherwise
exploit its Contributions, either on an unmodified basis, with Modifications,
or as part of a Larger Work; and
2. under Patent Claims of such Contributor
to make, use, sell, offer for sale, have made, import, and otherwise transfer
either its Contributions or its Contributor Version.
2.2. Effective Date
The licenses granted in
Section 2.1 with respect to any Contribution become effective for each Contribution
on the date the Contributor first distributes such Contribution.
2.3. Limitations on Grant
Scope
The licenses granted in
this Section 2 are the only rights granted under this License. No
additional rights or licenses will be implied from the distribution or
licensing of Covered Software under this License. Notwithstanding
Section 2.1(b) above, no patent license is granted by a Contributor:
1. for any code that a Contributor has
removed from Covered Software; or
2. for infringements caused by: (i) Your and any other third party’s modifications of
Covered Software, or (ii) the combination of its Contributions with other
software (except as part of its Contributor Version); or
3. under Patent Claims infringed by
Covered Software in the absence of its Contributions.
This License does not grant
any rights in the trademarks, service marks, or logos of any Contributor
(except as may be necessary to comply with the notice requirements in
Section 3.4).
2.4. Subsequent Licenses
No Contributor makes
additional grants as a result of Your choice to
distribute the Covered Software under a subsequent version of this License (see
Section 10.2) or under the terms of a Secondary License (if permitted
under the terms of Section 3.3).
2.5. Representation
Each Contributor represents
that the Contributor believes its Contributions are its original creation(s) or
it has sufficient rights to grant the rights to its Contributions conveyed by
this License.
2.6. Fair Use
This License is not
intended to limit any rights You have under applicable copyright doctrines of
fair use, fair dealing, or other equivalents.
2.7. Conditions
Sections 3.1, 3.2, 3.3, and
3.4 are conditions of the licenses granted in Section 2.1.
3. Responsibilities
3.1. Distribution of Source
Form
All distribution of Covered
Software in Source Code Form, including any Modifications that You create or to
which You contribute, must be under the terms of this License. You must inform
recipients that the Source Code Form of the Covered Software is governed by the
terms of this License, and how they can obtain a copy of this License. You may
not attempt to alter or restrict the recipients’ rights in the Source Code
Form.
3.2. Distribution of
Executable Form
If You distribute Covered
Software in Executable Form then:
1. such Covered Software must also be
made available in Source Code Form, as described in Section 3.1, and You
must inform recipients of the Executable Form how they can obtain a copy of
such Source Code Form by reasonable means in a timely manner, at a charge no
more than the cost of distribution to the recipient; and
2. You may distribute such Executable
Form under the terms of this License, or sublicense it under different terms,
provided that the license for the Executable Form does not attempt to limit or
alter the recipients’ rights in the Source Code Form under this License.
3.3. Distribution of a
Larger Work
You may create and
distribute a Larger Work under terms of Your choice, provided
that You also comply with the requirements of this License for the
Covered Software. If the Larger Work is a combination of Covered Software with
a work governed by one or more Secondary Licenses, and the Covered Software is
not Incompatible With Secondary Licenses, this License permits You to
additionally distribute such Covered Software under the terms of such Secondary
License(s), so that the recipient of the Larger Work may, at their option,
further distribute the Covered Software under the terms of either this License
or such Secondary License(s).
3.4. Notices
You may not remove or alter
the substance of any license notices (including copyright notices, patent
notices, disclaimers of warranty, or limitations of liability) contained within
the Source Code Form of the Covered Software, except that You may alter any
license notices to the extent required to remedy known factual inaccuracies.
3.5. Application of
Additional Terms
You may choose to offer,
and to charge a fee for, warranty, support, indemnity
or liability obligations to one or more recipients of Covered Software.
However, You may do so only on Your own behalf, and
not on behalf of any Contributor. You must make it absolutely
clear that any such warranty, support, indemnity, or liability
obligation is offered by You alone, and You hereby agree to indemnify every
Contributor for any liability incurred by such Contributor as a result of
warranty, support, indemnity or liability terms You offer. You may include
additional disclaimers of warranty and limitations of liability specific to any
jurisdiction.
4. Inability to Comply Due
to Statute or Regulation
If it is impossible for You
to comply with any of the terms of this License with respect to some or all of the Covered Software due to statute, judicial order,
or regulation then You must: (a) comply with the terms of this License to the
maximum extent possible; and (b) describe the limitations and the code they
affect. Such description must be placed in a text file included with all
distributions of the Covered Software under this License. Except to the extent
prohibited by statute or regulation, such description must be sufficiently
detailed for a recipient of ordinary skill to be able to understand it.
5. Termination
5.1. The rights granted
under this License will terminate automatically if You fail to comply with any
of its terms. However, if You become compliant, then the rights granted under
this License from a particular Contributor are reinstated (a) provisionally,
unless and until such Contributor explicitly and finally terminates Your
grants, and (b) on an ongoing basis, if such Contributor fails to notify You of
the non-compliance by some reasonable means prior to 60 days after You have
come back into compliance. Moreover, Your grants from
a particular Contributor are reinstated on an ongoing basis if such Contributor
notifies You of the non-compliance by some reasonable means, this is the first
time You have received notice of non-compliance with this License from such
Contributor, and You become compliant prior to 30 days after Your receipt of
the notice.
5.2. If You initiate
litigation against any entity by asserting a patent infringement claim
(excluding declaratory judgment actions, counter-claims,
and cross-claims) alleging that a Contributor Version directly or indirectly
infringes any patent, then the rights granted to You by any and all
Contributors for the Covered Software under Section 2.1 of this License
shall terminate.
5.3. In the event of
termination under Sections 5.1 or 5.2 above, all end user license
agreements (excluding distributors and resellers) which have been validly
granted by You or Your distributors under this License prior to termination
shall survive termination.
6. Disclaimer of Warranty
Covered Software is
provided under this License on an “as is” basis, without warranty of any kind,
either expressed, implied, or statutory, including, without limitation,
warranties that the Covered Software is free of defects, merchantable, fit for
a particular purpose or non-infringing. The entire risk as to the quality and
performance of the Covered Software is with You. Should any Covered Software
prove defective in any respect, You (not any
Contributor) assume the cost of any necessary servicing, repair, or correction.
This disclaimer of warranty constitutes an essential part of this License. No
use of any Covered Software is authorized under this License except under this
disclaimer.
7. Limitation of Liability
Under no circumstances and
under no legal theory, whether tort (including negligence), contract, or
otherwise, shall any Contributor, or anyone who distributes Covered Software as
permitted above, be liable to You for any direct, indirect, special,
incidental, or consequential damages of any character including, without
limitation, damages for lost profits, loss of goodwill, work stoppage, computer
failure or malfunction, or any and all other commercial damages or losses, even
if such party shall have been informed of the possibility of such damages. This
limitation of liability shall not apply to liability for death or personal injury
resulting from such party’s negligence to the extent applicable law prohibits
such limitation. Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so this exclusion and limitation may not
apply to You.
8. Litigation
Any litigation relating to
this License may be brought only in the courts of a jurisdiction where the
defendant maintains its principal place of business and such litigation shall
be governed by laws of that jurisdiction, without reference to its
conflict-of-law provisions. Nothing in this Section shall prevent a party’s
ability to bring cross-claims or counter-claims.
9. Miscellaneous
This License represents the
complete agreement concerning the subject matter hereof. If any provision of
this License is held to be unenforceable, such provision shall be reformed only
to the extent necessary to make it enforceable. Any law or regulation which
provides that the language of a contract shall be construed against the drafter
shall not be used to construe this License against a Contributor.
10. Versions of the License
10.1. New Versions
Mozilla Foundation is the
license steward. Except as provided in Section 10.3, no one other than the
license steward has the right to modify or publish new versions of this
License. Each version will be given a distinguishing version number.
10.2. Effect of New
Versions
You may distribute the
Covered Software under the terms of the version of the License under which You
originally received the Covered Software, or under the terms of any subsequent
version published by the license steward.
10.3. Modified Versions
If you create software not
governed by this License, and you want to create a new license for such
software, you may create and use a modified version of this License if you
rename the license and remove any references to the name of the license steward
(except to note that such modified license differs from this License).
10.4. Distributing Source Code
Form that is Incompatible With Secondary Licenses
If You choose to distribute
Source Code Form that is Incompatible With Secondary
Licenses under the terms of this version of the License, the notice described
in Exhibit B of this License must be attached.
Exhibit A - Source Code
Form License Notice
This Source Code Form is subject to the terms of the Mozilla Public License, v. 2.0. If a copy of the MPL was not distributed with this file, You can obtain one at https://mozilla.org/MPL/2.0/ .
If it is not possible or
desirable to put the notice in a particular file, then You may include the
notice in a location (such as a LICENSE file in a relevant directory) where a
recipient would be likely to look for such a notice.
You may add additional
accurate notices of copyright ownership.
Exhibit B - “Incompatible With Secondary Licenses” Notice
This Source Code Form is
“Incompatible With Secondary Licenses”, as defined by
the Mozilla Public License, v. 2.0