License.txt Driver File Contents (Drv_Firewire_CL50_WXP_5124620.zip)

Driver Package File Name: Drv_Firewire_CL50_WXP_5124620.zip
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SMSC SOFTWARE LICENSE AGREEMENT (OEM / IHV / ISV Distribution & Single User)

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING. 
Do not use or load this software and any associated materials (collectively, the "Software") until you have carefully read the following terms and conditions. By loading or using the Software, you agree to the terms of this Agreement. If you do not wish to so agree, do not install or use the Software.

Please Also Note:
* If you are an Original Equipment Manufacturer (OEM), Independent Hardware Vendor (IHV), or Independent Software Vendor (ISV), this complete LICENSE AGREEMENT applies;
* If you are an End-User, then only Exhibit A, the SMSC SOFTWARE LICENSE AGREEMENT, applies.

For OEMs, IHVs, and ISVs:

LICENSE. This Software is licensed for use only in conjunction with SMSC component products.  Use of the Software in conjunction with non-SMSC component products is not licensed hereunder. Subject to the terms of this Agreement, SMSC grants to You a nonexclusive, nontransferable, worldwide, fully paid-up license under SMSC's copyrights to:
	a) use, modify and copy Software internally for Your own development and maintenance purposes; and
	b) modify, copy and distribute Software, including derivative works of the Software, to Your end-users, but only under a license agreement with terms at least as restrictive as those contained in SMSC's Final, Single User License Agreement, attached as Exhibit A; and
	c) modify, copy and distribute the end-user documentation which may accompany the Software, but only in association with the Software.
If You are not the final manufacturer or vendor of a computer system or software program incorporating the Software, then You may transfer a copy of the Software, including derivative works of the Software (and related end-user documentation) to Your recipient for use in accordance with the terms of this Agreement, provided such recipient agrees to be fully bound by the terms hereof.  You shall not otherwise assign, sublicense, lease, or in any other way transfer or disclose Software to any third party. You shall not reverse- compile, disassemble or otherwise reverse-engineer the Software.

Except as expressly stated in this Agreement, no license or right is granted to You directly or by implication, inducement, estoppel or otherwise. 	SMSC shall have the right to inspect or have an independent auditor inspect Your relevant records to verify Your compliance with the terms and conditions of this Agreement.

OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with SMSC 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. SMSC may make changes to the Software, or to items referenced therein, at any time and without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, SMSC grants no express or implied right under SMSC patents, copyrights, trademarks, or other intellectual property rights. You may transfer the Software only if the recipient agrees to be fully bound by these terms and if you retain no copies of the Software.

LIMITED MEDIA WARRANTY.  If the Software has been delivered by SMSC on physical media, SMSC warrants the media to be free from material physical defects for a period of ninety (90) days after delivery by SMSC. If such a defect is found, return the media to SMSC for replacement or alternate delivery of the Software as SMSC may select.

EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.  SMSC does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.

LIMITATION OF LIABILITY. IN NO EVENT SHALL SMSC OR ITS 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 SMSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. 

TERMINATION OF THIS AGREEMENT. SMSC may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately destroy the Software or return all copies of the Software to SMSC.
 
APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the laws of California, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. You may not export the Software in violation of applicable export laws and regulations. SMSC is not obligated under any other agreements unless they are in writing and signed by an authorized representative of SMSC.

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 FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use of the Software by the Government constitutes acknowledgment of SMSC's proprietary rights therein. Contractor or Manufacturer is SMSC Corporation, 80 Arkay Drive, Hauppauge, NY 11788.

EXHIBIT "A" 
SMSC SOFTWARE LICENSE AGREEMENT (Final, Single User)

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING. 
Do not use or load this software and any associated materials (collectively, the "Software") until you have carefully read the following terms and conditions. By loading or using the Software, you agree to the terms of this Agreement. If you do not wish to so agree, do not install or use the Software.

LICENSE. You may copy the Software onto a single computer for your personal, noncommercial use, and you may make one back-up copy of the Software, subject to these conditions: 
1. This Software is licensed for use only in conjunction with SMSC component products.  Use of the Software in conjunction with non-SMSC component products is not licensed hereunder. 
2. You may not copy, modify, rent, sell, distribute or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software. 
4. You may not sublicense or permit simultaneous use of the Software by more than one user.
5. The Software may contain the software or other property of third party suppliers, some of which may be identified in, and licensed in accordance with, any enclosed "license.txt" file or other text or file. 

OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with SMSC 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. SMSC 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. Except as otherwise expressly provided, SMSC grants no express or implied right under SMSC patents, copyrights, trademarks, or other intellectual property rights. You may transfer the Software only if the recipient agrees to be fully bound by these terms and if you retain no copies of the Software.

LIMITED MEDIA WARRANTY.  If the Software has been delivered by SMSC on physical media, SMSC warrants the media to be free from material physical defects for a period of ninety (90) days after delivery by SMSC. If such a defect is found, return the media to SMSC for replacement or alternate delivery of the Software as SMSC may select.

EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.  SMSC does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.

LIMITATION OF LIABILITY. IN NO EVENT SHALL SMSC OR ITS 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 SMSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. 

TERMINATION OF THIS AGREEMENT. SMSC may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately destroy the Software or return all copies of the Software to SMSC.
 
APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the laws of California, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. You may not export the Software in violation of applicable export laws and regulations. SMSC is not obligated under any other agreements unless they are in writing and signed by an authorized representative of SMSC.

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 FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use of the Software by the Government constitutes acknowledgment of SMSC's proprietary rights therein. Contractor or Manufacturer is SMSC Corporation, 80 Arkay Drive, Hauppauge, NY 11788.
 
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