License Statement And Limited Warranty
LICENSE STATEMENT
Using PCAUSA Sample Programs
Sample programs provided as part of the PCAUSA
product are intended to be examples of how to use the various features of the
Microsoft Windows Device Driver Kit (DDK) for educational purposes and are
intended to be incorporated into your own programs. Nevertheless, the original
PCAUSA samples, documentation and utility programs are the property of PCAUSA
and PCAUSA provides you with only specific and limited rights to their use. Any
rights not specifically granted in this statement are reserved by PCAUSA.
Distribution In Executable Form
PCAUSA grants you the right to incorporate the
PCAUSA sample programs into your own programs as long as your program adds
substantial functionality beyond that provided in the original PCAUSA sample.
You may distribute programs that you create and which contain elements of the
original PCAUSA samples, in executable form only, without restriction or fee
provided that all copies of your programs bear a valid copyright notice. By
“copyright notice”, we mean your own copyright notice. You, of course, shall
remain solely responsible for, and will hold PCAUSA harmless from, all claims,
liability and damages arising from your own products which may include elements
of the PCAUSA sample programs.
Distribution In Source Form
PCAUSA does not grant you the right to give away,
sell, license or otherwise distribute source code derived substantially from the
PCAUSA sample programs unless the recipient of your source code obtains their
own license to the PCAUSA sample programs, identical to this license and at the
same cost that you paid for this license.
Using Original Source Code, Utility Programs And Documentation
Original, unmodified source code to PCAUSA sample
programs, PCAUSA Utility programs provided in executable-only form and
documentation included as part of the PCAUSA are protected by both United States
copyright law and international treaty provisions. You must treat these items
just like a book, except that you may make archival copies of these items for
the sole purpose of backing up your software and protecting your investment from
loss.
This means that these items may be used by any
number of people, and may be moved from one computer location to another, so
long as there is no possibility of them being used or viewed on one computer
while they are being used or viewed at another.
LIMITED WARRANTY
Warranty Disclaimer
PCAUSA
SHALL PROVIDE THE SOFTWARE
TO YOU “AS IS”
WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. PCAUSA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WITH RESPECT TO ANY
SUPPORT SERVICES IT MAY RENDER TO YOU.
PCAUSA DOES NOT WARRANT THAT THE SOFTWARE
WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE
WILL BE UNINTERRUPTED OR ERROR‑FREE OR THAT THE SOFTWARE
CONTAINS NO DEFECTS OR ERRORS. YOU
ASSUME FULL RESPONSIBILITY
FOR THE SELECTION, POSSESSION, PERFORMANCE AND PROPER INSTALLATION AND USE OF
THE SOFTWARE AND FOR
VERIFYING THE RESULTS OBTAINED THEREFROM.
Damage Disclaimer
THE
LIABILITY OF PCAUSA, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS,
SUCCESSORS OR ASSIGNS FOR DAMAGES, WHETHER FOR BREACH OF THIS LICENSE AND
LIMITED WARRANTY OR OTHERWISE
SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE, WHETHER THE LIABILITY ARISES
FROM CONTRACT, TORT OR OTHER CLAIMS. PCAUSA
SPECIFICALLY DISCLAIMS ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES WHICH
MAY ARISE FROM THIS LICENSE AND LIMITED WARRANTY
OR THE POSSESSION OR USE OF ALL OR ANY PORTION OF THE SOFTWARE,
EVEN TO THE EXTENT PCAUSA IS AWARE OF THE RISK OF SUCH DAMAGES.
PCAUSA SHALL NOT BE LIABLE FOR COSTS OR PROCUREMENT OF SUBSTITUTE
PRODUCTS NOR FOR ANY LOST PROFITS, LOST BUSINESS, LOSS OF USE OR DATA OR
INTERRUPTION OF BUSINESS ARISING OUT OF ANY USE OR FAILURE OF ALL OR ANY PORTION
OF THE SOFTWARE.
Governing Law And General Provisions
Choice of Law, Interpretation
The validity, construction, and enforcement of
this License and Limited Warranty, and the determination of the rights and
duties of the Parties, shall be governed by the laws of the State of Georgia
(exclusive of any choice of law or other provision that would result in the
application of the laws of any other jurisdiction).
Should any provision of this License and Limited Warranty require
judicial interpretation, the Parties agree that the judicial body interpreting
or construing such provision shall not apply the assumption that the terms of
this License and Limited Warranty shall be more strictly construed against
either one or the other party because of the rule of construction that an
instrument is to be construed more strictly against the drafting party.
Severability
In case any one or more of the provisions contained
in this License and Limited Warranty or any application of those provisions
shall be invalid, illegal or unenforceable in any respect, the validity,
legality and enforceability of the remaining provisions contained in this
License and Limited Warranty and any other applications of such remaining
provisions shall not in any way be affected or impaired by such invalidity,
illegality or unenforceability
Amendments
No amendment, change, or modification of this
License and Limited Warranty or any of the terms, conditions or provisions
hereof, and no waiver of a right, remedy, privilege or power, or discharge of an
obligation or liability, conferred upon, vested in, or imposed upon either
Party, and no consent to any act or omission pertaining hereto shall be
effective unless duly embodied in a written instrument signed by the duly
authorized representatives of both Parties.
