1. M1400-KnowlesAcoustics.zip Driver
2. DxEULA.txt File Contents

DxEULA.txt Driver File Contents (M1400-KnowlesAcoustics.zip)

Intellisonic End-User License Agreement

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Knowles Electronics, LLC ("Knowles") for the Knowles Acoustics software product identified above, which includes computer software and may include microphones, associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Product"). An amendment or addendum to this EULA may accompany the Product. 

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO KNOWLES ELECTRONICS, LLC.


SOFTWARE PRODUCT LICENSE

1. GRANTS OF LICENSE. Knowles grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA.

1.1 General License Grant. Knowles grants to you as an individual, a personal, nonexclusive license to install and use one copy of the Product on a single computer, provided that the Product was originally installed on the computer by the original equipment manufacturer or supplier of the computer.

1.2 Storage/Network Use. You may also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on computers used by a licensed end user in accordance with Section 1.1. However, you must acquire and dedicate a license for each separate computer on which the PRODUCT is installed or run from the storage device. A single license for the Product may not be shared or used concurrently by other end users.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

2.1 Not For Resale Software. The Product is not for resale. You may not resell, or otherwise transfer for value, the Product.

2.2 Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

2.3 Rental. You may not rent, lease or lend the Product.

2.4 Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Knowles.

2.5 Consent to Use of Data. You agree that Knowles and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Product. Knowles may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

2.6 Software Transfer. You may not transfer the Product to a third party without Knowles' prior written approval.

2.7 Separation of Components. The Product is licensed as a single product. Its component parts may not be separated for use by more than one user.

2.8 Termination. Without prejudice to any other rights, Knowles may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Product and all of its component parts.

2.9 Benchmark Testing. You may not disclose the results of any benchmark test of any component of the Product to any third party without Knowles' prior written approval.

3. PRERELEASE CODE. Portions of the Product may be identified as prerelease ("Prerelease Product"). Such Prerelease Product is not at the level of performance and compatibility of the final, generally available product offering. The Prerelease Product may not operate correctly and may be substantially modified prior to first commercial shipment. Knowles is not obligated to make this or any later version of the Prerelease Product commercially available.  The grant of license to use Prerelease Product expires upon availability of a commercial release of the Prerelease Product from Knowles. NOTE: In the event that Prerelease Product contains a separate end-user license agreement, the terms and conditions of such end-user license agreement shall govern your use of the corresponding Prerelease Code.

4. UPGRADES. To use a Product identified as an upgrade, you must first be licensed for the product identified by Knowles as eligible for the upgrade. After upgrading, you may no longer use the product that formed the basis for your upgrade eligibility. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Product is an upgrade of a component of a package of software programs that you licensed as a single product, the Product may be used and transferred only as part of that single product package and may not be separated for use by more than one end user.

5. DOWNGRADES. Instead of installing and using the Product, you may install and use one copy of an earlier version of the Product, provided that you completely remove such earlier version and install the original Product within a reasonable time. Your use of such earlier version shall be governed by this EULA, and your rights to use such earlier version shall terminate when you install the original Product.

6. LIMITED WARRANTY FOR PRODUCT ACQUIRED IN THE US AND CANADA. Except with respect to the Redistributables, which are provided "AS IS," without warranty of any kind, Knowles warrants that the Product will perform substantially in accordance with the accompanying materials for a period of thirty days from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Product, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the thirty day evaluation period are not covered by any warranty or condition, express, implied or statutory. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Knowles YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet Knowles's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 12 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft's and its suppliers' entire liability and your exclusive remedy shall be, at Knowles' option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Product, or (b) repair or replacement of the Product, that does not meet this Limited Warranty and that is returned to Knowles with a copy of your receipt. You will receive the remedy elected by Knowles without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Product to Knowles). This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, abnormal use or a software virus. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by Knowles are available without proof of purchase from an authorized international source. To exercise your remedy, contact:  Knowles, Attn. IntelliSonic/Knowles Acoustics/1151 Maplewood Drive/Itasca, IL 60143, or the Knowles subsidiary serving your country. LIMITED WARRANTY FOR PRODUCT ACQUIRED OUTSIDE THE US OR CANADA. FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED MATERIALS.

7. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Knowles and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support or other services, information, software, and related content through the Product or otherwise arising out of the use of the Product. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.

8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KNOWLES OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF KNOWLES OR ANY SUPPLIER, AND EVEN IF KNOWLES OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Product. The third party sites are not under the control of Knowles and Knowles is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Knowles is not responsible for webcasting or any other form of transmission received from any third party sites. Knowles is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Knowles of the third party site.

10. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Knowles and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Knowles with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 10, 11 and 12 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

11. U.S. GOVERNMENT LICENSE RIGHTS. All Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

12. EXPORT RESTRICTIONS. You acknowledge that the Product is of U.S. origin and subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

13. APPLICABLE LAW. If you acquired this Product in the United States, this EULA is governed by the laws of the State of Illinois. If you acquired this Product in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this Product was acquired outside the United States, then local law may apply.

14. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and Knowles relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Knowles policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.

15. The Product is protected by copyright and other intellectual property laws and treaties. Knowles or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold. (c) 2003 Knowles Electronics, LLC. All rights reserved. All product names referenced herein are trademarks or registered trademarks of their respective owners.