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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 Driver Kit (WDK) 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.