PRE-RELEASE TERMS AND CONDITIONS (BETA SOFTWARE)
IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING D-LINK® BETA SOFTWARE
Please review the following terms carefully before using any D-Link® Beta/Pre-Release Software or associated materials (“Software”). By using the Software, you indicate your acceptance of these terms, which constitute the agreement (the “Agreement”) between D-Link Corporation and its subsidiaries (“D-Link”) and you. In the event that you do not agree with any of these terms and conditions, do not use or install the Software. The software contains pre-release “beta” or “alpha” code, which may not be fully functional and which D-Link may substantially modify in producing any “final” version. D-Link can provide no assurance that it will ever produce or make generally available a “final” version.LICENSE. D-Link grants you a non-exclusive, non-transferable, royalty-free license, under D-Link copyrights embodied in the Software, to internally use, copy and have copied the Software in object code form only, solely for use with the products for which it was intended. You shall not reverse engineer, decompile or disassemble the Software and shall similarly restrict anyone to whom you provide the Software from doing so. No patent rights are granted under this Agreement.
OWNERSHIP. All right, title and interest in the intellectual property embodied in the Software and accompanying materials are owned by D-Link or its suppliers and licensors and are protected by copyright, trademark, patent and trade secret law and international treaties. Any rights, express or implied, in the intellectual property embodied in the foregoing, other than those specified in this Agreement, are reserved by D-Link and its suppliers and licensors. You agree not to remove any proprietary notices and/or labels from the Software, without prior written approval by D-Link.
CONFIDENTIALITY. The Software contains confidential and/or proprietary information of D-Link. Accordingly, you agree that you will not, nor will you authorize or permit any third party to, distribute, transfer, assign, sublicense, or otherwise disclose to any third party the Software or any part thereof or any other confidential or proprietary information of D-Link provided in connection herewith, except as otherwise expressly provided in this Agreement. D-Link shall be free to use all material, information or other communication you provide as part of your feedback (collectively, “Feedback”) and all such Feedback will be considered non-confidential and non-proprietary.
FEEDBACK. To assist D-Link in identifying problems with and making improvements to the Software, D-Link invites your Feedback concerning any bugs, errors or other problems discovered during the course of your use of the Software. By disclosing such Feedback to D-Link, you automatically assign to D-Link all right, title and interest in such Feedback (including, without limitation, all related intellectual property rights) without further compensation.
NO SUPPORT. D-Link is not under any obligation to provide any support, installation, training or other services under this Agreement or otherwise with respect to the Software.
LIMITED MEDIA WARRANTY. If the Software has been delivered by D-Link on physical media, D-Link warrants the media to be free from material physical defects for a period of ninety days after delivery by D-Link. If such a defect is found, return the media to D-Link for replacement or alternate delivery of the Software as D-Link may select.
EXCLUSION OF OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED "AS IS" AND POSSIBLY WITH FAULTS. D-LINK AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. D-Link and its suppliers do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software. You assume all liability, financial or otherwise, associated with the use and other disposition of the Software.
CHANGE, CANCELLATION. The Software contains “alpha” or “beta” designated pre-release features, which may not be fully functional and which D-Link may substantially modify in producing any “production-level” version of the Software. D-Link can provide no assurance that it will ever produce or make generally available a “production-level” version of the Software.
LIMITATION OF LIABILITY. IN NO EVENT SHALL D-LINK OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, EVEN IF D-LINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION OF THIS AGREEMENT. D-Link may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately destroy the original and all copies of the Software.
APPLICABLE LAW. Claims arising under this Agreement shall be governed by the laws of California, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods.
ASSIGNMENT. Neither this Agreement nor any rights or obligations hereunder may be assigned or delegated (whether by operation of law or otherwise) by you without D-Link's prior written consent.
WAIVER AND AMENDMENT. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by an officer of D-Link. No failure or delay in exercising any right, power, or remedy under this Agreement shall operate as a waiver of any such right, power or remedy. Without limiting the foregoing, terms and conditions on any purchase orders or similar materials submitted by you to D-Link, and any terms contained in D-Link’s standard acknowledgment form that are in conflict with these terms, shall be of no force or effect.
SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
EXPORT RESTRICTIONS. You acknowledge that the Software may be subject to import and export regulations of the United States and of the countries in which you transact business, specifically including U.S. Export Administration Act and Export Administration Regulations. You shall comply with such laws and regulations, as well as all other laws and regulations applicable to the Software. Without limiting the generality of the foregoing, you agree that you will not export, re-export, transfer or divert any of the Software or the direct product thereof to any restricted place or party in accordance with U.S. export regulations. Note that Software containing encryption may be subject to additional restrictions.
WARNING!
It is heavily advised not to use this beta firmware for any critical purpose.
Beta firmware is not supported through the normal support channels. All questions, comments and issues should be directed to this board.
Please follow the
FW Update Process for loading the beta Firmware.
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Topic: DGL-5500 - BETA FIRMWARE 1.13 BUILD 04 (Read 58078 times)