Declaration and Disclaimer
The programs, including but not limited to software and/or firmware (hereinafter
referred to “Programs” or “PROGRAMS”), are owned by eGalax_eMPIA Technology
Inc. (hereinafter referred to “EETI”) and are compiled from EETI Source code. EETI
hereby grants to licensee a personal, non-exclusive, non-transferable license to copy
and use of Programs for the sole purpose in conjunction with EETI’s products,
including but not limited to integrated circuit and/or controller (hereinafter referred to
“Product”).
Any rights, including but not limited to reproduction, copies, modification, translation,
compilation, application, representation or create derivative works (including dynamic
link and static link) of the Programs, except as specified hereunder are prohibited
without the express written permission by EETI.
Notwithstanding the provisions in paragraph 1 above, Licensee may,
1) make derivative works based on the Programs, or modifications to produce it from
the Programs for the sole purpose in conjunction with the Product, provided that
licensee shall make this Declaration and Disclaimer apply to the whole derivative
works and license the whole derivative works under all terms hereunder to any third
party who is in possession of a copy;
2) in the event of transferring the Product to a third party, transfer the license to use
the Programs to the third party, provided that prior to such permitted transfer, the
licensee shall make the third party agree with this Declaration and Disclaimer
applies to all the terms hereunder.
Disclaimer : EETI MAKES NO WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, WITH REGARD TO PROGRAMS, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. EETI reserves the right to make changes without further
notice to the Programs described herein. Licensee agrees that EETI does not assume
any liability, damages or costs, including but not limited to attorney fees, arising out
from Programs themselves or those arising out from the application or combination
Programs into other products or circuit. The use or the inclusion of EETI’s Programs
implies that the Licensee assumes all risk of such use and in doing so indemnifies
EETI against all charges, including but not limited to any claims to infringement of any
third party's intellectual property right.
In the event of any conflicts between this Declaration and Disclaimer and any
agreements, commitments, or terms with respect to license to the Programs, the terms
hereof will prevail.
