1. setup.exe Driver
2. license_en.txt File Contents

license_en.txt Driver File Contents (setup.exe)

SINGLE END-USER LICENSE AGREEMENT FOR AVWorks\u00ae SOFTWARE


IMPORTANT-READ CAREFULLY.  THIS AVWorks END USER LICENSE AGREEMENT (THE "EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AS A REGISTERED INDIVIDUAL OR AS A SINGLE ENTITY) AND AVOCENT CORPORATION FOR THE SOFTWARE PRODUCT IDENTIFIED ABOVE, WHICH PRODUCT INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND "ONLINE" OR ELECTRONIC DOCUMENTATION (THE "SOFTWARE PRODUCT").  BY CLICKING THE ACCEPT BUTTON OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.  IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN DO NOT INSTALL OR USE THE SOFTWARE PRODUCT.  INSTEAD, YOU MAY, IF YOU ARE THE ORIGINAL PURCHASER OF THE SOFTWARE PRODUCT, RETURN THE UNOPENED SOFTWARE PACKET(S) AND ANY ACCOMPANYING WRITTEN MATERIALS TO THE PLACE OF PURCHASE FOR A FULL REFUND.  IF THE SOFTWARE PRODUCT WAS INCLUDED IN THE PURCHASE OF AN AVOCENT\u00ae KVM, SERIAL, OR POWER MANAGEMENT SWITCHING SOLUTION (THE "HARDWARE PRODUCT"), THE SOFTWARE PRODUCT MAY NOT BE RETURNED SEPARATELY.


END USER LICENSE AGREEMENT

1) GRANT OF LICENSE.  This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  The SOFTWARE PRODUCT is licensed, not sold.  Subject to the payment of the applicable license fees, if any, and further subject to the terms and conditions of this AGREEMENT, AVOCENT CORPORATION hereby grants the registered user (the "Licensee") a nonexclusive, non-transferable license to install, use, access, display, and run unlimited copies of the SOFTWARE PRODUCT.  You may install the SOFTWARE PRODUCT on a hard disk or other storage device, and the SOFTWARE PRODUCT may also be installed on a network or client server system, accessible from multiple connected workstations or computer systems.  

You agree to indemnify, defend, and hold harmless Avocent Corporation against any claims arising out of any allegation that your use of the SOFTWARE PRODUCT violates any applicable laws.


2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

* Limitations on Reverse Engineering, Decompilation, and Disassembly.  You may not modify, reverse compile, decompile, disassemble, modify, translate, or otherwise reverse engineer the SOFTWARE PRODUCT, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity.  The SOFTWARE PRODUCT is licensed as a single product for use only in connection with the HARDWARE PRODUCT as a single integrated product.  The component parts of the SOFTWARE PRODUCT may not be separated for use on more than one computer except as explicitly stated within the SOFTWARE PRODUCT user documentation.

* Not for Resale Software.  If the SOFTWARE PRODUCT is labeled "Not for Resale" or  "NFR" or "Evaluation Copy", then notwithstanding any other provisions of this EULA, you may not use the SOFTWARE PRODUCT for commercial purposes nor sell or otherwise transfer it for value.

* Rental.  You may not rent, lease, license, sublicense, assign, lend, or in any other way transfer the SOFTWARE PRODUCT to any party, or allow others to use the SOFTWARE PRODUCT.

* Hardware and Software Transfer.  You may permanently and wholly transfer all of your rights under this EULA, provided you (a) simultaneously and permanently transfer all of your rights, title, and interest in and to the HARDWARE PRODUCT, (b) retain no copies (whole or partial) of the SOFTWARE PRODUCT (c) permanently and wholly transfer any and all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, and this EULA to the recipient, and (d) the recipient first agrees to abide by all of the terms of this EULA.  If the SOFTWARE PRODUCT is an upgrade, any transfer must include any and all prior versions of the SOFTWARE PRODUCT and any and all of your rights therein, if any.

* Support Services.  Avocent Corporation may provide you with support services related to the SOFTWARE PRODUCT ("Support Services").  The provision and use of Support Services is governed by the Avocent Corporation policies and programs described in the SOFTWARE PRODUCT user manual and/or in "online" documentation.  Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to all of the terms and conditions of this EULA.  With respect to technical information you provide to Avocent Corporation as part of the Support Services, Avocent Corporation may use such information for its business purposes, including for product updates and development.

* Termination.  Without prejudice to any of Avocent Corporation's other rights, Avocent Corporation may terminate this EULA if you fail to comply with the terms and conditions of this EULA.  In such event, you must destroy any and all copies of the SOFTWARE PRODUCT and all of its component parts.

3) UPGRADES.  If the SOFTWARE PRODUCT is labeled or otherwise identified by Avocent Corporation as an "upgrade", you must be properly licensed to use the product identified by Avocent Corporation as being eligible for the upgrade on our web site in order to use the upgrade to the SOFTWARE PRODUCT.  A SOFTWARE PRODUCT that is labeled or otherwise identified by Avocent Corporation as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for such upgrade.  You may use the resulting upgraded product only in accordance with the terms of this EULA.

4)  COPYRIGHT AND TRADEMARKS.

* The SOFTWARE PRODUCT is protected by United States copyright and trademark laws and international treaty provisions.  The SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned or licensed by Avocent Corporation and/or its affiliated companies.  The SOFTWARE PRODUCT and all copies of it are and will remain the sole property of Avocent Corporation and/or its affiliated companies, and Avocent Corporation and/or its affiliated companies shall own and retain all right, title and interest in and to the SOFTWARE PRODUCT, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein.  You acknowledge that your possession, installation, or use of the SOFTWARE PRODUCT does not transfer to you any title to the intellectual property in the SOFTWARE PRODUCT, and that you will not acquire any rights to the SOFTWARE PRODUCT except as expressly set forth in this Agreement.  You agree that any copies of the SOFTWARE and accompanying printed materials will contain the same proprietary notices that appear on and in the SOFTWARE PRODUCT, and you will not remove any such notices.  You may make one copy of the SOFTWARE PRODUCT for back-up and archival purposes, and all authorized copies must bear the copyright notice.  You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

* You may not remove, modify or alter any Avocent Corporation copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in any installation routine or dialogue or 'about' boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or otherwise created by the SOFTWARE PRODUCT.

5) LIMITED WARRANTY

* LIMITED WARRANTY.  Avocent Corporation warrants that (a) the SOFTWARE PRODUCT will, for a period of ninety (90) days from the date of delivery, perform substantially in accordance with Avocent Corporation's written materials accompanying it, and (b) any Support Services provided by Avocent Corporation shall be substantially as described in applicable written materials provided to you by Avocent Corporation.

* CUSTOMER REMEDIES.  In the event of any breach of warranty or other duty owed by Avocent Corporation, Avocent Corporation's and its suppliers' entire liability and your exclusive remedy shall be, at Avocent Corporation's option, either (a) return of the price paid (license fees) by you for the SOFTWARE PRODUCT (not to exceed the suggested U.S. retail price) if any, or (b) repair or replacement of the defective SOFTWARE PRODUCT.  This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication.  Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

* WARRANTY DISCLAIMER:  NO OTHER WARRANTIES.  To the maximum extent permitted by applicable law, and except for the limited warranty set forth above, AVOCENT CORPORTION AND ITS SUPPLIERS MAKE NO WARRANTY OF ANY KIND REGARDING THE SOFTWARE PRODUCT, WHICH IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE PRODUCT, AND AVOCENT CORPORATION AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVOCENT CORPORATION, AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, WITH RESPECT TO THE SOFTWARE PRODUCT.  THE LIMITED WARRANTY SET FORTH ABOVE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.  SOME STATES AND JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF OR LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  TO THE EXTENT IMPLIED WARRANTIES MAY NOT BE ENTIRELY DISCLAIMED BUT IMPLIED WARRANTY LIMITATIONS ARE ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES ON THE SOFTWARE PRODUCT, IF ANY, ARE LIMITED TO NINETY (90) DAYS.

6) LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL AVOCENT CORPORATION OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF AVOCENT CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ANY CASE, AVOCENT CORPORATION'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO AVOCENT CORPORATION FOR THE SOFTWARE PRODUCT OR SERVICE THAT DIRECTLY CAUSED THE DAMAGE.  THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.  FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY IN ANY CASE, AVOCENT CORPORATION'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO AVOCENT CORPORATION FOR THE SOFTWARE PRODUCT OR SERVICE THAT DIRECTLY CAUSED THE DAMAGE.

7) U.S. GOVERNMENT RESTRICTED RIGHTS.  The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS.  Use, duplication, or disclosure by the U.S. 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 at 48 CFR 52.227-19, as applicable.  Manufacturer is: Avocent Corporation, 4991 Corporate Drive, Huntsville, AL 35805 USA.

8) EXPORT RESTRICTIONS.  You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit the SOFTWARE PRODUCT or related documentation and technical data to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other government entity as may have jurisdiction over such export or transmission.
The export and re-export of AVOCENT\u00ae software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba; Iran; Iraq; Libya; North Korea; Sudan; or Syria or any country to which the United States embargoes goods. In addition; AVOCENT software may not be distributed to persons on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals. 
By downloading or using an AVOCENT software product you are certifying that you are not a national of Cuba; Iran; Iraq; Libya; North Korea; Sudan; or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals. 

9) MISCELLANEOUS.  This EULA is governed by the laws of the State of Alabama.  Should you have any questions concerning this EULA, or if you desire to contact Avocent Corporation for any reason, please contact the Avocent Corporation distributor serving you or write: Avocent Corporation, 4991 Corporate Drive, Huntsville, AL 35805 USA.

10) CUSTOMER CONTACT.  If you have any questions concerning these terms and conditions, or if you would like to contact Avocent Corporation for any other reason, please call (888) 793-8760, fax (256) 430-4031, or write: Avocent Corporation, 4991 Corporate Drive, Huntsville, AL 35805.  http://www.avocent.com.

11) ADDITIONAL NOTICES: 
This SOFTWARE PRODUCT contains third party software, which requires notices and/or additional terms and conditions.  Such required third party software are identified below and made a part of and incorporated by reference into this EULA.  By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.

This SOFTWARE PRODUCT includes the JAVA 2 RUNTIME ENVIRONMENT.  You agree to abide by the terms and conditions set forth in the Sun Microsystems, Inc. Binary Code License Agreement for the JAVA 2 RUNTIME ENVIRONMENT, which can be found under the installation directory of this SOFTWARE PRODUCT.

Sun, Sun Microsystems, the Sun Logo, and Java are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.

This SOFTWARE PRODUCT includes Hypersonic SQL.

Copyright 2001-2002, The HSQL Development Group. All rights reserved. 
This software is provided by the copyright holders and contributors "as is" and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed.  In no event shall HSQL Development Group, HSQLDB.ORG, or contributors be liable for any direct, indirect, incidental special exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services, loss of use, data, or profits; or business interruption) however caused on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.

This Software Product includes MindTerm.

Copyright 2002-2003 AppGate Network Security AB. All rights reserved.

If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are waived to the extent necessary for this Disclaimer to be otherwise enforceable in such jurisdiction.