VIA SOFTWARE LICENSE AGREEMENT
Please read this VIA SOFTWARE LICENSE AGREEMENT (“Agreement”) carefully before your downloading, installing, or using any software program and all related updates and modifications supplied by VIA Technologies, Inc. (“VIA SOFTWARE”) that you are currently trying to download install, or use.
This Agreement is a legally binding contract between yourself (as a natural or a legal person) and the company VIA Technologies, Inc. (“VIA”) for VIA SOFTWARE.
You agree that any installing or use of the VIA SOFTWARE is subject to the terms and conditions of this Agreement. If you do not agree with the conditions of this Agreement, you are not entitled to install or use the VIA SOFTWARE. Should this be the case, you may return the VIA SOFTWARE to the place where you obtained it for a refund and IF THE VIA SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK “DISAGREE/DECLINE”.
- Use of Software. For the duration of this Agreement, VIA hereby grants to you a limited, non-exclusive, non-transferable, worldwide license to use the VIA SOFTWARE. The VIA SOFTWARE may only be used in conjunction with VIA products.
- Restrictions. You are not allowed to disassemble, decompile, or conduct reverse-engineering on the VIA SOFTWARE, or remove any proprietary notice or label on the VIA SOFTWARE.
- Open Source Software. If VIA SOFTWARE contains any open source software, such open source software is not licensed under the terms of this Agreement, but is instead licensed under the terms of applicable open source license(s), such as the BSD License, ApacheLicense or the GNU Lesser General Public License. Your use of the open source software shall be subject to the terms of each applicable license. You must agree to the terms of each such applicable license, or you shall not use the open source software.
- Exclusions. If VIA SOFTWARE incorporates any technologies belonging to third parties, such as audio and video compression and decompression technology that is embodied in the MPEG-1 standard and follow-on MPEG standards (as described in the Draft International Standard ISO/IEC DIS 11172), patent holders of such technology may contact you and request the payment of royalties. You acknowledge that VIA is not responsible for the payment of such royalties and you will negotiate in good faith with the respective patent holders to address their claims and obtain necessary licenses as required. IN NO EVENT SHALL VIA BE RESPONSILBLE FOR INDEMNIFYING YOU AGAINST ANY PATENT INFRINGEMENT OR ROYALTY CLAIMS. VIA FURTHER DISCLAIMS ALL WARRANTIES AGAINST INFRINGEMENT, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD PARTY’S TECHNOLOGY.
- Ownership and Copyrights. The VIA SOFTWARE is protected by copyright laws and international copyright conventions/treaties as well as other laws and agreements concerning intellectual property. All title and copyrights in and to the VIA SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the VIA SOFTWARE), the accompanying printed materials, and any copies of the VIA SOFTWARE, are owned by VIA, or its third party suppliers. The VIA SOFTWARE is protected by copyright laws and international treaty provisions.
- Disclaimer of Warranty. VIA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, USE, OR PERFORMANCE OF THE VIA SOFTWARE FOR ANY PURPOSE. THE VIA SOFTWARE IS PROVIDED “AS IS,” AND VIA DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO THE VIA SOFTWARE. VIA IS NOT OBLIGATED TO SUPPORT OR ISSUE UPDATES TO THE VIA SOFTWARE.
- Limitation on Liability. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL VIA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER ECONOMIC LOSS OR COMMERCIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS VIA SOFTWARE, EVEN IF VIA HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
- Export Controls. You agree that the VIA Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other applicable export laws, restrictions, or regulations.
- Termination. Your license will automatically terminate without notice from VIA upon any failure by you to comply with the terms under this Agreement. Upon termination, you must cease all use of the VIA SOFTWARE and destroy the VIA SOFTWARE along with all copies and merged portions in any form.
- Governing Law and Jurisdiction. This Agreement shall be governed by, construed, and enforced in accordance with the laws of Taiwan. Any action or proceeding to enforce or resolve disputes relation to this Agreement shall be brought before the Taipei District Court in Taiwan.