1. spk202.zip Driver
2. License.txt File Contents

License.txt Driver File Contents (spk202.zip)

Digital Processing Systems Inc. Software License Agreement 
(Single-Use Products)



	IMPORTANT - READ CAREFULLY BEFORE INSTALLING THIS SOFTWARE. The following Software License Agreement applies to you. By installing this software, you indicate your acceptance of the following Digital Processing Systems Inc. Software License Agreement.

	This Software License Agreement (the "License" or the "Agreement") is a binding agreement between you (either an individual or an entity) and Digital Processing Systems Inc. ("DPS"). By installing this software you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the software packet(s) and the accompanying items (including written materials and binders or other containers) to the place you obtained them for a full refund.

1.	GRANT OF LICENSE. DPS grants to you the nonexclusive right to use one copy of the enclosed DPS software program (the Software) on a single computer. The Software is "in use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required.

2. 	USE. You shall retain full control over the use of the Software and any modifications or enhancements thereof and, accordingly, you are solely responsible for the design, repair and configuration of your equipment, machinery, systems and/or products. You assume all risks and liability for results obtained by the use or implementation of the designs in any way influenced by the use of the Software, whether such designs are used singly or in combination with other designs or products. DPS shall have no liability to you or to any third party for any ordinary, special, exemplary or consequential damages or losses (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) which might arise directly or indirectly by reason of the use or inability to use the Software, even if DPS has been advised of the possibility of such damages. You shall indemnify, defend and hold DPS harmless from any loss, cost, damage or expense, including attorneys' fees, arising from any claim asserted against DPS that is in any way associated with the matters set forth in this Paragraph 2. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

3. 	TITLE. No title to or ownership in the Software is transferred to you. Title to all applicable rights in patents, copyrights and trade secrets in the Software shall remain in DPS and/or the third party vendor ("Vendor") from whom DPS has acquired rights to license the Software. The Software provided to you hereunder is proprietary to DPS and/or Vendor, and you shall be bound by and observe the proprietary nature thereof as herein provided. You shall take appropriate action by instruction or agreement with your employees who are permitted access to the Software to fulfill your obligations hereunder. Except as may be specifically authorized by DPS or as otherwise provided herein, you shall not provide or otherwise make available the Software or copies thereof to any third party.

4. 	TERM AND TERMINATION. The term of this License shall commence on the date of your purchase of the Software and shall continue until such time as you discontinue use of the Software, but otherwise shall be without restriction as to time. DPS shall have the right to terminate this License if you fail to comply with these License terms and conditions. DPS shall give written notice to you of any such default and if the default is not remedied within 30 days after such notice, the License shall terminate. Upon expiration of the License term or upon termination by reason of your default, you shall immediately return or destroy the Software and copies thereof as directed by DPS and, if requested by DPS, to certify in writing as to the destruction or return of the Software and all copies thereof. The provisions of this License which protect the proprietary rights of DPS shall continue in force after termination.

5. 	COPYRIGHT. This software is COPYRIGHTED (c) All Rights Reserved. Any unauthorized duplication is prohibited. The Software is owned by DPS or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the Software solely for backup or archival purposes or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You shall not copy the written materials accompanying the Software. The unauthorized copying of the Software and the acquisition and/or use of unauthorized copies of the Software may be both criminal and civil offenses for which you may be liable for fines, damages and attorneys' fees. If you attempt to use, copy, disclose, or transfer any portion of the Software or any modification thereof or any of DPS's confidential information in a 
manner contrary to the terms of this License, DPS shall have the right, in addition to any other legal remedies available, to injunctive relief enjoining such acts without the posting of a bond.

6. 	OTHER RESTRICTIONS. You may not rent or lease the Software, but you may transfer the Software and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the Software. If the Software is an update or has been updated, any transfer must include the most recent update and all prior versions.

7. 	MEDIA SOFTWARE. If the Software package contains CD ROM(s), then you shall use only the CD ROM(s) appropriate for your single-user computer. You shall not use the other CD ROM(s) on another computer or loan, rent, lease or transfer them to another user except as part of the permanent transfer (as provided above) of all Software and written materials.

8. 	PATENT AND COPYRIGHT INDEMNIFICATION. DPS shall defend any action, suit or proceeding brought against you so far as it is based on a claim that the Software delivered hereunder infringes any United States patent or copyright, provided that you promptly notify DPS of the action and you give full authority, information and assistance (at DPS's expense) for the defense of the action. DPS shall pay all damages and costs awarded therein against you, but shall not be responsible for any compromise made without its consent. DPS may, at its option and expense, replace or modify the Software so that infringement will not exist or refund to you the price thereof as depreciated or amortized by an equal amount over the lifetime of the Software as established by DPS. DPS's commitment shall not extend to any infringement or claim thereof which is based upon the combination of the Software delivered hereunder with software not supplied by DPS.

9. 	LIMITED WARRANTY. DPS warrants that (a) the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of purchase, and (b) any hardware accompanying the Software will be free from defects in materials and workmanship under normal use and service for a period of two (2) years from the date of receipt. Any implied warranties on the Software and hardware are limited to ninety (90) days and two (2) years, respectively. Some states/countries do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

10. 	CUSTOMER REMEDIES. DPS's and its suppliers' entire liability and your exclusive remedy shall be, at DPS's option' either (a) return of the price paid by you for the Software, or (b) repair or replacement of the Software or hardware that does not meet DPS's limited warranty and which is returned to DPS with a copy of your receipt. The limited warranty is void if failure of the Software or hardware has resulted from accident, abuse, or misapplication. Any replacement Software or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer: Outside the United States these remedies are not available without proof of purchase from an authorized non-U.S. source.

11. 	NO OTHER WARRANTIES. DPS and its suppliers disclaim all other warranties, either expressed or implied including but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the Software, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others which vary from state/country to state/country.

12. 	U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (l) (ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.2277013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer is Digital Processing Systems Inc., 11 Spiral Drive, Florence, KY 41042.

13. 	SUCCESSORS, ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. You shall not assign or sublicense your rights or obligations under this Agreement except as specifically provided herein.

14. 	COMPLETE AGREEMENT. This Agreement constitutes the entire agreement between DPS and you relative to this License. Any change hereto shall be effective only if in a writing signed by DPS and you.

15. 	SEVERABILITY. If any provision or portion thereof of this License is held to be invalid, void or unenforceable the remaining provision or portions of this License shall remain in full force and effect and shall in no way be affected impaired, or invalidated. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH.

16. 	EXPORT OR RE-EXPORT. You shall not directly or indirectly, export or transmit any DPS products covered by this Agreement to any country to which such export or transmission is restricted by applicable regulations or statutes of the United States or any agency thereof, without the prior written consent of the U.S. Department of Commerce, Washington, D.C. 20230 and of any other required governmental agency.

17. 	GOVERNING LAW. This Agreement is governed by the law of the state of Kentucky.

Should you have any questions concerning this Agreement, or if you desire to contact DPS for any reason, please contact your local DPS subsidiary or sales office or write: Digital Processing Systems Inc., 11 Spiral Drive, Florence, KY 41042 U.S.A.