1. QuickPlay11.zip Driver
2. license.txt File Contents

license.txt Driver File Contents (QuickPlay11.zip)

COLOR KINETICS INCORPORATED
SOFTWARE LICENSE AGREEMENT 

-- NOTICE TO USER --
DO NOT INSTALL THIS SOFTWARE UNTIL YOU HAVE READ THIS AGREEMENT

As the original purchaser of this software you agreed to the license agreement printed on the outside of the software package by opening the package.  If this software was transferred to you under authorization of the license agreement, you agree to the license agreement as set forth below.

This software license is displayed here so you can read it before installing the software.  DO NOT INSTALL the software until you have carefully read this Agreement.  BY  INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.  If you do not agree with the terms and conditions of this Agreement, DO NOT INSTALL THIS SOFTWARE. 

In return for acquiring a license to use the Software (the "Software"), you agree to the following terms and conditions:

1.  GRANT OF LICENSE:  Color Kinetics grants to you (the "User"), a nonexclusive, non-transferable (except as set forth below) license (a) to use the Software on a single local central processing unit for the purposes set forth in the documentation provided therewith;  and (b) to make one additional copy of the Software solely for backup purposes.  If the Software was purchased as part of a Color Kinetics product that includes both hardware and software (hereafter referred to as an "Integrated Product"), then the Software was designed, and may only be used , as part of such Integrated Product.  This Agreement does not authorize simultaneous control by more than one User.  The license is non-transferable except that you may transfer the license to the Software to another single User ("Recipient"), provided that the Recipient consents to the terms of this Agreement; you notify Color Kinetics of the transfer in writing; and you transfer to the Recipient or destroy, any copies of the Software in your possession.  You may not distribute any copies of the Software to others while any copies thereof remain in your possession. You may not rent, lease or lend any copies of the Software to others.  

2.  PROPRIETARY RIGHTS:  The Software is copyrighted by and proprietary to Color Kinetics, which retains title and ownership of all copies of the Software. The nonexclusive license set forth in this Agreement is not a sale of the Software or any copy.  You agree to hold the Software in confidence and to take all reasonable steps to prevent unauthorized disclosure.

3.  NO OTHER RIGHTS:  Color Kinetics reserves all rights not expressly granted to you.  Except as stated above, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other right, franchises, or licenses in respect of the Software.  EXCEPT TO THE EXTENT EXPLICITLY PERMITTED BY LAW, YOU MAY NOT MODIFY, TRANSLATE, DISASSEMBLE, OR DECOMPILE THE SOFTWARE OR ANY COPY, IN WHOLE OR IN PART.

4.  TERM:  The license is effective until terminated.  You may terminate the license at any time by destroying the Software together with all copies in any form.  Color Kinetics will have the right to terminate your license immediately if you fail to comply with any term or condition of this Agreement.  Upon any termination you must destroy the Software together with all copies in any form.

5.  WARRANTY:  Color Kinetics does not and cannot warrant the performance or results you may obtain by using the Software.  Color Kinetics warrants for a period of 90 days from purchase that the Software will conform substantially to the documentation provided with it.  Color Kinetics's warranty does not apply insofar as: (a) any Software is subjected to misuse, neglect, accident or exposure to harmful environmental conditions; (b) claims result from acts or omissions caused by persons other than Color Kinetics or from products, material or software not provided by Color Kinetics; (c) claims are not reported to Color Kinetics within the warranty period or are not documented by you; or (d) you use a version of the Software that does not include all updates available from Color Kinetics.  Color Kinetics's sole responsibility under this warranty will be to use reasonable efforts to correct any such nonconformance, or, if such efforts fail to bring the Software into conformance, to refund the fee paid for the Software (or, if the Software was purchased as part of an Integrated Product, the fees paid for the Integrated Product) upon return of the Software (or the Integrated Product, if applicable), and your receipt.  Color Kinetics does not warrant that the Software will be error free, or that all Software errors will be corrected. The foregoing states the sole and exclusive remedies Color Kinetics will provide for breach of warranty.  THE EXPRESS WARRANTY SET FORTH IN THIS SECTION 5 IS THE ONLY WARRANTY GIVEN BY COLOR KINETICS WITH RESPECT TO THE SOFTWARE OR ANY MATERIALS OR SERVICES FURNISHED HEREUNDER; COLOR KINETICS MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY DISCLAIMS THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.  ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COLOR KINETICS OR ITS AUTHORIZED REPRESENTATIVES SHALL NOT CHANGE THE SCOPE OF THIS WARRANTY.  COLOR KINETICS SHALL NOT BE RESPONSIBLE FOR THE PERFORMANCE OF APPLICATIONS OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY ARISING OUT OF USE OF THE SOFTWARE OR APPLICATIONS.  

6.  LIMITATION OF LIABILITY.  THE LIABILITY OF COLOR KINETICS AND ITS LICENSORS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR SERVICES FURNISHED HEREUNDER SHALL NOT EXCEED THE LICENSE FEE PAID FOR THE SOFTWARE OR, WHERE APPLICABLE, THE PURCHASE PRICE OF THE INTEGRATED PRODUCT.  IN NO EVENT SHALL COLOR KINETICS OR ITS LICENSORS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, TORT (INCLUDING NEGLIGENCE) OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SOFTWARE, PRODUCTS OR SERVICES FURNISHED HEREUNDER OR FROM COLOR KINETICS'S PERFORMANCE OF SERVICES, EVEN IF COLOR KINETICS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.  U.S. GOVERNMENT RESTRICTED RIGHTS:  If you are an agency or contractor of the United States Government, you acknowledge and agree that (a) the Software was developed entirely at private expense, (b) the Software in all respects is proprietary data belonging solely to Color Kinetics Software, Inc. or its licensors, (c) the Software is not in the public domain, and (d) the Software is "Commercial Computer Software" as defined in sub-paragraph (a)(1) of DFAR Section 252.227-7014 or any successor  regulation thereto.

8.  GENERAL PROVISIONS:  You acknowledge that you have read this Agreement, understand it, and that by installing the software you agree to be bound by its terms and conditions.  You further agree that it is the complete and exclusive statement of the Agreement between Color Kinetics and you which supersedes any proposal or prior agreement, and any other communications between Color Kinetics and you relating to the subject matter of this Agreement.  No variation of the terms of this Agreement or any different terms will be enforceable against Color Kinetics unless Color Kinetics gives you its express consent, including an express waiver of the terms of this Agreement, in a writing signed by Color Kinetics.  You may not export or re-export the Software without the appropriate United States and foreign government licenses.  The terms of this Agreement shall be construed in accordance with the substantive laws of the Commonwealth of Massachusetts, USA without regard to its principles of conflict of law or the U.N. Convention on Contracts for the International Sale of Goods.

Should you have questions concerning this Agreement, please write COLOR KINETICS, 10 Milk Street, Boston, MA 02108 USA




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