124-IP-PD01 Audio Driver
The Teradici PCoIP Component Installer (Software) is provided under the following license:
PLEASE READ THE FOLLOWING LICENSE TERMS CAREFULLY. BY INSTALLING THE SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE, AND YOU WILL NOT HAVE ANY RIGHT TO USE IT. TERADICI'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY TERADICI, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
The Software is licensed, not sold. You obtain no rights other than those expressly granted you under this license. Teradici Corporation (Teradici) owns or has licensed copyrights to the Software. You are responsible for the selection of the Software and for the installation of, use of, and results obtained from, the Software.
Subject to your compliance with all of the license terms set forth herein, Teradici grants you a nonexclusive license to use the Software solely for the purposes of using PCoIP technology. It is your responsibility to ensure you have the appropriate licenses from VMware to use the Software with VMware View.
Software contains trade secrets and you agree to treat Software as confidential information. You will ensure that anyone who uses the Software does so only in compliance with the terms of this Agreement.
You shall not and you shall not allow or authorize any third parties to:
a) use, copy, or modify the Software except as expressly authorized;
b) reverse assemble, reverse compile, reverse engineer or otherwise translate the Software;
c) create derivative works or modifications unless expressly authorized;
d) sublicense, rent, or lease the Software; or
e) allow the export or re-export of any part of the Software in violation of any restrictions, laws or
regulations of the United States Department of Commerce or any other United States or foreign agency or
Licensee acknowledges that the Software may contain certain third party software (Third Party Software). ALL USE OF THIRD PARTY SOFTWARE IS SUBJECT TO AND GOVERNED BY (AND LICENSEE AGREES TO AND WILL INDEMNIFY TERADICI FOR NONCOMPLIANCE WITH) THE RESPECTIVE LICENSES FOR THE THIRD PARTY SOFTWARE SET FORTH IN SECTION 5. Licensors of intellectual property to Teradici are beneficiaries of this provision. Upon termination of the license for any reason, you will promptly return the Software to Teradici or certify its destruction.
The Software is provided "AS IS" without any warranties of any kind. Teradici and each of its suppliers DISCLAIMS ALL WARRANTIES FOR THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. Teradici is not obligated to provide support of any kind. Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you. Nothing herein shall have any effect on other product Warranties you may obtain from Teradici.
3. Limitation of Remedies
In no event will Teradici or any of its suppliers or agents be liable for any special, incidental, punitive, indirect or consequential damages, lost profits or lost savings, and whether in contract, tort or otherwise (including negligence), arising out of your use of the Software, even if Teradici or its suppliers have been advised of the possibility of such damages. In addition, Teradici will not be liable for any damages claimed by you based on any third-party claim. The above limitations of remedies also apply to any developer and/or supplier of the Software. Such developer and/or supplier is an intended beneficiary of this Section. Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you.
This license is governed by the laws of the State of California without regard to its conflict of laws provisions. You may terminate your license at any time. Teradici may terminate your license if you fail to comply with the terms and conditions of this license. In either event, you must either return the Software or certify its destruction. You may not assign your rights or obligations under this Agreement without the express written consent of Teradici. Teradici may assign its rights or obligations under this Agreement. You are responsible for payment of any taxes, including personal property taxes, resulting from your use of the Software. Neither party may bring an action, regardless of form, more than two years after the cause of the action arose.