Metabyte Software License Agreement
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PLEASE READ CAREFULLY BEFORE INSTALLING AND USING SOFTWARE
PACKAGE: Metabyte, Inc. ("Metabyte") is willing to license the
software contained in this package together with accompanying
documentation (the "Software") to you only on the
condition that you accept all of the terms and conditions
contained in this Software License Agreement (the "Agreement").
Opening, installing, and/or using the Software indicates your
acceptance of the terms and conditions of this Agreement as
stated below. If you do not accept such terms and conditions,
then Metabyte is unwilling to license the Software to you, and
you should immediately return the unopened and unused Software
package together with the Metabyte hardware product(s) to the
place of purchase for a refund.
TERMS AND CONDITIONS
1. Ownership. As between the parties, the Software (including
without limitation any images, "applets," photographs,
animations, video, audio, music and text incorporated into the
Software) is the sole and exclusive property of Metabyte (or is
licensed property to Metabyte) and is protected by United States
copyright laws and international treaty provisions. All rights
are reserved. You agree and acknowledge that the Software is
copyrighted material (i.e., similar to a book or musical
recording), and that you may not use, copy or transfer the
Software except as expressly authorized in this Agreement.
2. License. You are granted a non-exclusive license to use the
Software on a single computer. You may either (1) make one
backup copy of the Software for archival purposes, or (2)
transfer the Software to a single hard disk provided you keep
the original solely for backup or archival purposes.
3. Restrictions. The Software is not transferable to third
parties including other users and/or computer systems without
prior written permission from Metabyte. You may not distribute,
lease, sublicense, modify, reverse-engineer, decompile, translate
or disassemble the Software.
4. Termination. Both parties reserve the right to terminate
this Agreement. Metabyte may terminate this Agreement immediately
in the event that you breach any of its provisions; in such event
you agree to promptly destroy all copies of the Software in your
possession, or return such copies to Metabyte. You may terminate
this Agreement at any time by discontinuing use of the Software
and destroying or returning all copies of the Software.
5. Limited Warranty. Metabyte warrants that the media (i.e., 3.5"
diskette, CD-ROM, etc.) containing the Software will be free from
defects in material and workmanship under normal use for ninety
(90) days after delivery (the "Warranty Period"). If you discover
such a defect, your exclusive remedy and Metabyte's sole
obligation is the replacement of the defective media when returned
to Metabyte or an authorized reseller with one copy of your sales
invoice during the Warranty Period. Metabyte will have no obligation
to replace any medium damaged by accident, abuse or misapplication.
6. Warranty Disclaimers. METABYTE DOES NOT WARRANT THAT SOFTWARE
OPERATION AND DOCUMENTATION WILL BE ERROR-FREE OR MEET YOUR
REQUIREMENTS. EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPH 5 ABOVE, THE
SOFTWARE IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND.
METABYTE HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY METABYTE, ITS EMPLOYEES,
DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE
WARRANTY OR CREATE ANY NEW WARRANTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH EVENT, ANY IMPLIED
WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE
DELIVERY OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
7. Limitation of Liability. IN NO EVENT WILL METABYTE'S LIABILITY TO
YOU UNDER THIS AGREEMENT EXCEED ANY LICENSE FEE PAID BY YOU. REGARDLESS
OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE
OR OTHERWISE, IN NO EVENT WILL METABYTE BE LIABLE TO YOU OR TO OR TO ANY
THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS,
OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA
SUPPLIED THEREWITH, EVEN IF METABYTE HAD BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGE AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
8. U.S. Government Restricted Rights. The Software and accompanying
documentation are provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of
the Commercial Computer Software -- Restricted Rights clause at 48 CFR
52.227-19, as applicable, or any similar or successor provision.
Manufacturer is Metabyte, Incorporated/39350 Civic Center Drive Suite
200/Fremont, CA 94538.
9. Export Law Assurances. You acknowledge and agree that the Software
is subject to restrictions and controls imposed by the United States
Export Administration Act (the "Act") and the regulations thereunder.
You agree and certify that neither the Software nor any direct product
thereof is being or will be acquired, shipped, transferred or reexported,
directly or indirectly, into any country prohibited by the Act and the
regulations thereunder or will be used for any purpose prohibited by the
same.
10. General. This Agreement is governed by the laws of the State of
California, without application of choice of law principles. If any
provision of this Agreement is held to be unenforceable, that provision
will be enforced to the maximum extent permissible and the remaining
provisions will remain in full force and effect. This Agreement is the
complete and exclusive statement of the agreement between the parties with
respect to the subject matter hereof, and supersedes any proposal or prior
agreement, oral or written, and any other communications between us in
relation to the subject matter of this Agreement.
Should you have any questions concerning this Agreement, or if you desire
to contact Metabyte for any reason, please write to: Metabyte, Inc.
Wicked3D Board Company-Customer Service/39350 Civic Center Dr. Suite
200/Fremont, CA 94538
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE
TO BE BOUND BY ITS TERMS AND CONDITIONS.
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.