NOTICE: PLEASE READ CAREFULLY BEFORE INSTALLING THE RELEVANT SOFTWARE:
This licence agreement
("Licence") is a legal agreement between you
("Licencee" or "you") and
Future Technology Devices
International Limited of 2 Seaward Place, Centurion Business Park,
Glasgow, Scotland, G41 1HH
(UK Company Number SC136640) ("Licensor" or "we)
for use of driver software
provided by the Licensor
INSTALLING OR USING THIS SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE
WHICH WILL BIND YOU. IF YOU
DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE
ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU
YOU MUST DISCONTINUE INSTALLATION OF THE SOFTWARE NOW.
scope of licence
In consideration of you agreeing to abide
by the terms of this Licence, the Licensor hereby grants to you a
non-exclusive, non-transferable, royalty free licence to use the
Software on the terms of this Licence.
In this Licence a "Genuine FTDI
Component" means an item of hardware that was manufactured for, and
sold by, the Licensor or a member of the Licensor's group of companies.
It does not include any counterfeit or fake products.
If you are a manufacturer of a device
that includes a Genuine FTDI
Component (each a "Device")
then you may install the Software onto that device. If you are a seller
or distributor of a Device then You may distribute the Software with the
Device. If you are a user of a Device then you may install the Software
on the Device, or onto a computer system in order to use the Device.
In each of those cases you may:
install and use the Software for your
purposes only; and
only use the Software in conjunction with
products based on and/or incorporating a Genuine FTDI Component.
The Software will not function properly
on or with a component that is not a Genuine FTDI Component. Use of the
Software as a driver for, or installation of the Software onto,
a component that is not a Genuine
FTDI Component, including without limitation counterfeit components,
MAY IRRETRIEVABLY DAMAGE THAT
COMPONENT. It is the
Licensee's responsibility to make sure that all chips it installs the
Software on, or uses the Software as a driver for, are Genuine FTDI
Components. If in doubt then contact the Licensor.
If a custom vendor ID and/or product ID
or description string are used, it is the responsibility of the product
manufacturer to maintain any changes and subsequent WHQL
re-certification as a result of making these changes.
Except as expressly set out in this
Licence or as permitted by any local law, you undertake:
not to copy the Software, except where
such copying is incidental to normal use of the Software or where it is
necessary for the purpose of back-up or operational security;
not to rent, lease, sub-license, loan,
translate, merge, adapt, vary or modify the Software or any part of it;
not to make alterations to, or
modifications of, the whole or any part of the Software nor permit the
Software or any part of it to be combined with, or become incorporated
in, any other programs;
not to disassemble, de-compile, reverse
engineer or create derivative works based on the whole or any part of
to keep all copies of the Software
to include the copyright notice of the
Licensor on all entire and partial copies of the Software in any form;
not to provide, or otherwise make
available, the Software in any form, in whole or in part (including, but
not limited to, program listings, object and source program listings,
object code and source code) to any person.
Intellectual property rights
You acknowledge that all intellectual
property rights in the Software throughout the world belong to the
Licensor, that rights in the Software are licensed (not sold) to you,
and that you have no rights in, or to, the Software other than the right
to use them in accordance with the terms of this Licence.
To the maximum extent permitted by
applicable law, the software is provided "as is".
implied warranties, implied conditions and/or implied licences are
excluded from this Licence, including but not limited to implied
warranties of quality and/or fitness for purpose (in all cases) to the
fullest extent permitted by law.
You acknowledge that the Software has not
been developed to meet your individual requirements and that the
Software may not be uninterrupted or free of bugs or errors.
To the maximum extent permitted by
applicable law, in no event shall the Licensor be liable for any:
special loss or damage;
incidental loss or damage;
indirect or consequential loss or damage:
loss of income;
loss of business;
loss of profits;
loss of revenue;
loss of contracts;
loss of the use of money or anticipated
loss of information;
loss of opportunity;
loss of goodwill
or reputation; and/or
loss of, damage to or corruption of data;
(in each case) of any kind howsoever arising and whether caused by
delict (including negligence), breach of contract or otherwise.
FTDI's total liability to you in relation
to the Software shall not exceed 500 US Dollars.
Nothing in this Licence limits or
excludes liability for death or personal injury or for fraud.
The Licensor may terminate this Licence
you fail to comply with any of the terms
and conditions of the Licence; or
you commence or participate in any legal
proceedings against the Licensor.
all rights granted to you under this
Licence shall cease;
you must cease all activities authorised
by this Licence; and
you must immediately delete or remove the
Software from all computer equipment in your possession and immediately
destroy all copies of the Software then in your possession, custody or
Transfer of rights
You may not transfer, assign, charge or
otherwise dispose of this Licence, or any of your rights or obligations
arising under it.
The Licensor may transfer, assign,
charge, sub-contract or otherwise dispose of this Licence, or any of his
rights or obligations arising under it, at any time during the term of
If the Licensor fails, at any time during
the term of this Licence, to insist on strict performance of any of your
obligations under this Licence, or if the Licensor fails to exercise any
of the rights or remedies to which he is entitled under this Licence,
this shall not constitute a waiver of such rights or remedies and shall
not relieve you from compliance with such obligations.
A waiver by the Licensor of any default
shall not constitute a waiver of any subsequent default.
No waiver by the Licensor of any of these
terms and conditions shall be effective unless it is expressly stated to
be a waiver and is communicated to you in writing.
If any of the terms of this Licence are
determined by any competent authority to be invalid, unlawful or
unenforceable to any extent, such term, condition or provision will to
that extent be severed from the remaining terms, conditions and
provisions which will continue to be valid to the fullest extent
permitted by law.
This Licence constitutes the whole
agreement between us and supersedes any previous arrangement,
understanding or agreement between us, relating to the licensing of the
Each party acknowledges that in entering
into this Licence it does not rely on any statement, representation,
warranty or understanding other than those expressly set out in this
Licence. Each party agrees
that it will have no remedy in respect of any statement, representation,
warranty or understanding that is not expressly set out in this Licence.
Each party agrees that its only remedy in respect of those
representations, statements, assurances and warranties that are set out
in this Licence will be for breach of contract in accordance with the
terms of this Licence.
The parties agree that nothing in this
Licence will limit or exclude any liability they may have for fraud.
This Licence does not create a
partnership or joint venture between the parties to it, nor authorise a
party to act as agent for the other.
This Licence does not create any legal
rights enforceable by any third party.
This Licence may only be varied by
express written legal agreement between the parties.
This Licence, its subject matter or its formation
(including non-contractual disputes or claims) shall be governed by and
construed in accordance with Scots law and submitted to the
non-exclusive jurisdiction of the Scottish courts.