Universal Pointer Device Driver Touch Driver Software End User Licence Agreement
This Universal Pointer Device Driver (UPDD), is copyright © 1998 by Touch-Base Ltd. All rights reserved.
This End User Licence Agreement ("EULA") is made between Touch-Base Ltd ("Company") and you, the Licensee, for the use of UPDD touch driver (the "Software"), as determined below. Your obligations under this agreement are signified by the use of the words "You" and "Your".
1. Accepting the Terms. In order to use the Software, you agree to and accept the terms of this licence (the "Terms"). You should not use the software if you do not accept the Terms.
2. Licence Grant, Activation, Performance Warranty, Support Obligations and Backup
2.1 Licence Grant and Licence Limitations. Subject to the terms and conditions of this EULA, Company hereby grants you a non-exclusive license to use the Software and any included documentation on a computer that is compatible with the Software. You are also permitted to distribute the Software for use with pointing device hardware supplied by you. The Software must not be offered for resale as a separate transaction except to customers with existing Licensee equipment. You may not modify or remove any proprietary rights notices in the Software, decompile, disassemble, reverse engineer, or otherwise attempt to create the source code for the Software.
2.2 Activation Key. If you have purchased individual licences, the Company will issue you a licence and activation key for each copy of the licensed Software. If you are supplied a 'Master Key', you are responsible for managing the usage of the licensed Software to ensure that such usage does not exceed the specific number of concurrent authorized computers for which you have paid the applicable Master key licence fee.
2.3 Performance Warranty. Company warrants the software will perform in material respect as described in the documentation for a period of 90 days from the date of the order purchase. During this 90-day period, you may return the Software for a refund if you are not satisfied with the performance of the Software. Upon refund, you are required to discard your Activation Key and promptly and irretrievably delete the Software and any copies thereof in any form. No other warranties apply.
2.4 Support Obligations. During the initial 90 days from the date of purchase or during any extended warranty period purchased with the Software, the Company will investigate bugs or deficiency, provided that you supply a report detailed enough to allow us to find and fix the problem. If you properly notify us of such a software problem within the warranty period, Company will update the defective software at no cost.
2.5 Software Backup. You are authorised, and encouraged, to make archival copies of the software installer for the sole purpose of backup and protecting your investment from loss.
3. Ownership and Input. Title to the Software is not transferred to you. Ownership of all copies of the Software and all rights including all intellectual property rights in and to the Software remains vested in Company, subject to the limited rights granted to you in this EULA, and the rights to certain third party components owned by third parties identified in Section 11 below, which are licensed to, and not owned by Company. If you provide suggestions, comments or other feedback to Company with respect to the Software (“Input”), you agree that (a) Company may freely use, disclose, reproduce, licence, distribute or otherwise exploit the Input in any manner that Company sees fit, without obligation or restriction of any kind on account of intellectual property rights or otherwise; and (b) Company will not be required to pay any compensation to you or any other person or entity in connection with Company’s use of the Input.
4. WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK IN CONNECTION WITH THE SOFTWARE AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY SHALL CREATE A WARRANTY. COMPANY DOES NOT GUARANTEE THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
5. Indemnity. You will defend, indemnify and hold Company harmless for any alleged or actual losses or damages arising from or related to your use of the Software, including third party claims.
6. Updates: Term and Termination. Company may issue updates to the Software and advise you to install and use the updated version of the Software. Company may include a revised EULA with updated versions of the Software. This EULA and the licence granted to you to use the Software hereunder will be terminated: (i) automatically, if you do not agree to accept the terms of the EULA provided with any updated version of the Software; (ii) by Company, at its option, in the event of breach of any of the terms and conditions of this EULA by you; or (iii) by you, the end user, at your option, by performing the actions noted in the following sentence. Upon any termination of this EULA, you will promptly and irretrievably delete the Software and any copies thereof in any form. Sections 3, 6, 7, 8, 9 and 12 of this EULA will survive its termination.
7. Copyright. The Software is protected by the United Kingdom copyright laws and international treaty provisions. Unauthorized use or copying of the Software is expressly prohibited, except as explicitly set forth in this EULA. Any copies that you are authorized to make pursuant to this EULA must contain the same, unmodified copyright and proprietary rights notices that appear in the Software.
8. Confidentiality. You acknowledge and agree that the Software and documentation related to its use include proprietary information that are Company's exclusive property. You agree not to use or disclose this proprietary information except as authorized under this EULA.
9. LIMITATION OF LIABILITY AND DAMAGES; EXCLUSION OF REMEDIES AND DAMAGES. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SIMILAR DAMAGES OF ANY KIND ARISING UNDER OR IN ANY WAY RELATED TO THE SOFTWARE OR THIS EULA. IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY ARISING UNDER OR IN ANY WAY RELATED TO THE SOFTWARE OR THIS EULA EXCEED THE AGGREGATE Licence FEES PAID BY YOU FOR THE Licence GRANTED HEREUNDER, OR, IF NO FEES HAVE BEEN PAID, THE SUM OF ONE DOLLAR. THE FOREGOING LIMITATIONS WILL APPLY REGARDLESS OF THE FORM OF ANY CLAIM HEREUNDER, WHETHER FOR BREACH OR REPUDIATION OF ANY OTHER TERM OR CONDITION OF THIS AGREEMENT OR ANY RELATED WRITING, FOR NEGLIGENCE, ON THE BASIS OF STRICT LIABILITY, OR OTHERWISE. THIS IS YOUR EXCLUSIVE REMEDY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE AND TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Entire Agreement. This EULA constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes any prior negotiations, proposals, representations and agreements. If any provision of this EULA is held invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall in no way be affected or impaired thereby. No modification of this Agreement is binding unless it is in writing and accepted by you and Company
11. Third Party Software Components. The Linux version of the software uses the LIBUSB open source component, and your use of the Software is subject to the terms and conditions of the software licences governing this component as shown at this link (https://support.touch-base.com/Documentation/50430/Copyright-Notice)
12. Governing Law Jurisdiction. Any dispute or claim arising out of or in connection with this EULA shall be governed by and construed in accordance with the law of England and Wales.