CHIPS AND TECHNOLOGIES, INC.
SOFTWARE LICENSE AGREEMENT
This is a legal agreement (the "Agreement") between Chips and
Technologies, Inc. ("Chips") and you, the licensee for the
accompanying Chips software programs ("Licensee"). By opening the
sealed software package(s) and/or by using the software, Licensee
agrees to be bound by the terms and conditions of this Agreement. In
consideration of the promises and covenants hereafter set forth,
including, without limitation, those rights granted herein by Chips
that exceed the rights otherwise permitted under applicable copyright
laws, Licensee and Chips agree as follows:
1. DEFINITIONS
1.1 Software means the object code form of the software and any
subsequent updates or error corrections provided to Licensee by
Chips or compiled by Licensee from the Source Code.
1.2 Chips Hardware means computer hardware distributed or
manufactured by Chips.
1.3 Source Code means the human readable version of the Software and
any subsequent updates or error-corrections.
1.4 Licensee's Version means the modified version of the Software
compiled by Licensee from the Source Code.
1.5 End User Documentation means the end user manuals and other end
user documentation relating to the Software and provided by
Chips.
1.6 Internal Documentation means documentation relating to the Source
Code and provided by Chips.
1.7 Licensed Materials means, to the extent provided by Chips to
Licensee, the Software Source Code, End User Documentation and
Internal Documentation.
2. TERM OF AGREEMENT
This Agreement is effective until terminated. This Agreement
will terminate immediately, without notice from Chips, if
Licensee fails to comply with any provisions of this Agreement.
Upon termination, Licensee will promptly destroy all copies of
the Licensed Materials.
3. SCOPE OF RIGHTS
Chips hereby grants to Licensee a worldwide, nonexclusive,
nontransferable license to (i) use, copy, reproduce and
distribute the Software and the End User Documentation solely for
use with Licensee's products that include Chips Hardware; and
(ii) if Licensee receives the Source Code, use and modify the
Source Code internally solely to develop Licensee's Version, use
the Internal Documentation in connection with Licensee's
permitted use of the Source Code, and use, reproduce and
distribute Licensee's Version in object code form solely for use
with Licensee's products that include Chips Hardware. This
license does not include the right to sublicense any of these
rights except the right to use the Software or the object code
version of Licensee's Version solely with Licensee's products
that include Chips Hardware. Licensee may not disassemble or
decompile the Software.
4. ROYALTIES
Certain Software is subject to the payment of royalties. The
royalty fee is added to the purchase price of the related Chips
Hardware, and is separately specified in Chips' Order
Acknowledgment form. Licensee agrees to pay the applicable
royalty fee, if any.
5. LIMITED WARRANTY
Chips warrants, for a period of 90 days from the date of initial
delivery of the Software or Source Code to licensee that, in its
unaltered form, the Software, if implemented in strict
conformance with the End User Documentation, will be compatible
with Chips Hardware. Chips does not warrant that the Licensed
Materials will meet Licensee's particular requirements or that
the operation of the Software will be uninterrupted or error-
free. If, within the 90-day period, the Software, in its
unaltered form, is not, when implemented in strict conformance
with the End User Documentation, compatible with the Chips
Hardware, Licensee may immediately return the Licensed Materials
to Chips and, as Licensee's exclusive remedy, Chips shall, at
Chips' option, make commercially reasonable efforts to correct
any material deviations or replace the Software or Source Code.
SUCH REPAIR OR REPLACEMENT IS CHIPS' SOLE AND EXCLUSIVE OBLIGATION
FOR ANY DAMAGE OR LOSS RELATED TO THE LICENSED MATERIALS UNDER ANY
LEGAL THEORY, WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, CHIPS EXPRESSLY DISCLAIMS
ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT OF THIRD-PARTY RIGHTS. THIS LIMITED WARRANTY GIVES
LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY HAVE OTHER RIGHTS,
WHICH VARY FROM STATE TO STATE.
6. OWNERSHIP; COPYRIGHT NOTICE
The Licensed Materials are owned by Chips or its suppliers and
are protected under United States and international copyright
law. Each copy of the Licensed Materials and Licensee's Version
must contain the proprietary notices in the same form in which
they appear on or in the Licensed Materials provided by Chips to
Licensee or as reasonably requested by Chips. Licensee must
include a copyright notice in the following format in machine
readable form in Licensee's products that include Chips Hardware
in such manner that at system boot time or sign-on the following
appears on the screen:
Copyright (c) 19 (year of creation of the release
being shipped)
Chips and Technologies, Inc., All Rights Reserved
7. CONFIDENTIAL INFORMATION
If Licensee receives the Source Code, Licensee must treat the
Source Code and the Internal Documentation as Confidential
Information under the non-disclosure agreement in effect between
the parties (the "NDA").
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL CHIPS' AGGREGATE LIABILITY UNDER ANY LEGAL
THEORY RELATED TO THE LICENSED MATERIALS EXCEED THE GREATER OF
(i) THE LICENSEE FEE PAID FOR THE SOFTWARE OR SOURCE CODE OR (ii)
ONE THOUSAND DOLLARS ($1,000). IN NO EVENT SHALL CHIPS BE LIABLE
FOR ANY LOST PROFITS, OR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION,
DAMAGES RESULTING FROM LOSS OF, DAMAGE TO OR INTERFERENCE WITH
SYSTEMS, PROGRAMS OR DATA, EVEN IF CHIPS HAD BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
LICENSEE.
9. EXPORT
Licensee will not knowingly export or reexport (as defined in
Section 779.1(b)-(c) of the U.S. Export Administration
Regulations and any amendments thereto (the "Regulations")) any
Licensed Materials or direct products thereof, including, without
limitation, Licensee's Version, unless it is specifically
authorized under the current Regulations. Licensee shall obtain
any necessary government permit in connection with any import or
export of any Licensed Materials to or from any country.
10. ASSIGNMENT
Licensee may not assign, voluntarily, by operation of law or
otherwise, any rights or delegate any duties under this Agreement
without Chips' prior written consent. Subject to the foregoing,
this Agreement will bind and inure to the benefit of the parties
and their respective successors and permitted assigns.
11. CHOICE OF LAW
This Agreement will be governed by and construed in accordance
with the laws of the United States and the State of California as
applied to agreements entered into and to be performed entirely
within California between California residents. The United
Nations Convention on Contracts for the International Sale of
Goods (1980) is specifically excluded from application to this
Agreement.
12. ENTIRE AGREEMENT
This Agreement and, if Licensee receives Source Code, the NDA
and, if a royalty fee is applicable, the relevant Chips Order
Acknowledgment form constitute the entire agreement between the
parties relating to this subject matter and supersede all prior
or simultaneous representations, discussions, negotiations, and
agreements, whether written or oral.
Rev. 6/95
Download Driver Pack
After your driver has been downloaded, follow these simple steps to install it.
Expand the archive file (if the download file is in zip or rar format).
If the expanded file has an .exe extension, double click it and follow the installation instructions.
Otherwise, open Device Manager by right-clicking the Start menu and selecting Device Manager.
Find the device and model you want to update in the device list.
Double-click on it to open the Properties dialog box.
From the Properties dialog box, select the Driver tab.
Click the Update Driver button, then follow the instructions.
Very important: You must reboot your system to ensure that any driver updates have taken effect.
For more help, visit our Driver Support section for step-by-step videos on how to install drivers for every file type.