NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. 


BY USING ALL OR ANY PORTION OF THE SOFTWARE CONTAINED HEREIN, INCLUDING THE QUARTICS PC2TV SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6; AND LIABILITY IN SECTION 7. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g., CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF ANY AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.


D-Link Systems, Inc. and/or its suppliers own all intellectual property in the Software. D-Link and its suppliers permit you to Use the Software only in accordance with the terms of this Agreement. Use of some third-party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or "ReadMe" file located near such materials. 


1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s), or other media with which this Agreement is provided, including but not limited to (i) D-Link, Quartics or third-party computer information or software and (ii) related explanatory written materials or files ("Documentation"); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by D-Link or its suppliers (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with, and only as specified by, the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by D-Link or its suppliers. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "D-Link" means D-Link Systems, Inc., a California corporation, 17595 Mount Herrmann Street, Fountain Valley, CA 92708 USA.  "Quartics" means Quartics Incorporated, a Delaware corporation, 1 Ada Parkway, Suite 250, Irvine, CA 92618 USA.  


2. Software License. As long as you comply with the terms of this Software License Agreement (this "Agreement"), D-Link and/or its suppliers grant to you a non-exclusive license to Use the Software only for the purposes described in the Documentation. If a purpose is not described, or if Documentation is not provided for such Software, then you may Use the Software only for ordinary purposes consistent with the nature of the Software.

2.1 General Use. You may install and Use a copy of the Software on your compatible computer.

2.2 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4. 

2.3 Second Computer Use. In addition to the single copy permitted under Sections 2.1 and 2.2, the primary user of the computer on which the Software is installed may make a second copy of the Software for his or her exclusive use on a second Computer, provided the Software on the second Computer is not used at the same time as the Software on the primary computer.

2.4 No Modification. You may customize or extend the functionality of the installer for the Software under a separate license agreement with D-Link or Quartics. You may not otherwise alter or modify the Software or create a new installer for the Software. The Software is licensed and distributed by D-Link and its suppliers for enabling wireless communication between data systems and displays.  You are not authorized to integrate or use the Software with any other software, plug-in, or enhancement which uses or relies upon the Software when viewing media wirelessly transmitted from a data system to a display.  You are not authorized to integrate or use the Software with any (a) plug-in software not developed in accordance with the Quartics License Agreement or (b) other software or enhancement to programmatically interface with the Software.  

2.5 Third-Party Device Access. The Software allows you to access third-party imaging devices, such as projectors and displays ("Third-Party Devices"). Your access to and use of any Third-Party Devices, including any services or information made available from such Third Party Devices, is governed by the terms and conditions distributed with such Third-Party Devices, if any. Third-Party Devices are not designed, developed, manufactured, sold, maintained, owned or operated by Quartics. YOUR USE OF THIRD-PARTY DEVICES IS AT YOUR OWN RISK. QUARTICS MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS, OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD-PARTY DEVICES.


3. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that you make are the intellectual property of and are owned by D-Link and/or its suppliers. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of D-Link and/or its suppliers. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by D-Link, Quartics and its suppliers.  Certain aspects of the Software are subject to issued U.S. Patents and pending U.S. and foreign patent applications. 


4. Restrictions.

4.1 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.

4.2 No Modifications. You shall not modify, adapt, or translate the Software. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software, except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested D-Link to provide the information necessary to achieve such operability and D-Link has not made such information available. D-Link and its suppliers have the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by D-Link and its suppliers and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the D-Link Legal Department at the address referenced above.

4.3 Transfer. You may not rent, lease, sublicense, assign, or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement, and (ii) the Software and all other software or hardware bundled or preinstalled with the Software, including all copies, Updates, and prior versions, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer ¡§education¡¨, ¡§prerelease¡¨, or ¡§not for resale¡¨ copies of the Software.

4.4 Distribution. Notwithstanding the terms of Section 4.3, you may not transmit, sell, or distribute the Software without the express written permission of D-Link. 


5. Updates. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your computer after you Use the Update but only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or computer unless all copies of the Update are also transferred to such party or computer; (c) you acknowledge any and all modifications to this license agreement upon accepting and installing the Update, and (d) you acknowledge that any obligation D-Link and its suppliers may have to support the previous versions of the Software may be ended upon availability of the Update.


6. NO WARRANTY. The Software is being delivered to you "AS IS" and D-Link, Quartics and their suppliers make no warranty as to its use or performance. D-LINK, QUARTICS AND THEIR SUPPLIERS DO NOT, AND CANNOT, WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, D-LINK, QUARTICS AND THEIR SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.


7. LIMITATION OF LIABILITY. IN NO EVENT WILL D-LINK, QUARTICS OR THEIR SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. D-LINK¡¦S AND QUARTICS' AGGREGATE LIABILITY AND THAT OF THEIR SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Quartics¡¦ liability to you in the event of death or personal injury resulting from Quartics¡¦ negligence or for the tort of deceit (fraud). D-Link and Quartics are acting on behalf of their suppliers for the purpose of disclaiming, excluding, and/or limiting obligations, warranties, and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Quartics¡¦ Legal department.


8. Export Rules. You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.


9. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the State of California, if a license to the Software is obtained when you are in the United States, Canada, or Mexico; or (b) in Japan, if a license to the Software is obtained when you are in Japan, China, Korea, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja) and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) England, if a license to the Software is purchased when you are in any other jurisdiction not described above. The respective courts of Orange County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of England, when the law of England applies, shall each have nonexclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.


10. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of D-Link. Updates may be licensed to you by D-Link with additional or different terms. This is the entire agreement between D-Link and you relating to the Software, and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.


11. Notice to U.S. Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. ¡±2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. ¡±12.212 or 48 C.F.R. ¡±227.7202, as applicable. Consistent with 48 C.F.R. ¡±12.212 or 48 C.F.R. ¡±¡±227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. D-Link Systems, Inc., 17595 Mount Herrmann Street, Fountain Valley, CA 92708 USA.  Quartics, Inc., 1 Ada Parkway, Suite 250, Irvine, CA 92618 USA. For U.S. Government End Users, D-Link and Quartics agree to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.


12. Compliance with Licenses. If you are a business or organization, you agree that upon request from D-Link or Quartics or their authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from D-Link.


13. Specific Exceptions.

13.1 Limited Warranty for Users Residing in Germany or Austria. If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 6 does not apply. Instead, Quartics warrants that the Software provides the functionalities set forth in the Documentation (the "agreed upon functionalities") for the limited warranty period following receipt of the Software when used on the recommended hardware configuration. As used in this Section, "limited warranty period" means one (1) year if you are a business user and two (2) years if you are not a business user. Nonsubstantial variation from the agreed-upon functionalities shall not be considered and does not establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO SOFTWARE PROVIDED TO YOU FREE OF CHARGE, INCLUDING, BUT NOT LIMITED TO, THE SOFTWARE ITSELF, UPDATES, PRERELEASE, TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATIONS CAUSED A DEFECT. To make a warranty claim, during the limited warranty period you must return, at our expense, the Software and proof of purchase to the location where you obtained it. If the functionalities of the Software vary substantially from the agreed-upon functionalities, D-Link and/or Quartics are entitled ¡X by way of reperformance and at their own discretion ¡X to repair or replace the Software. If this fails, you are entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission). For further warranty information, please contact Quartics' Customer Support Department.

13.2 Limitation of Liability for Users Residing in Germany and Austria.

13.2.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 7 does not apply. Instead, subject to the provisions in Section 13.2.2, D-Link¡¦s and Quartics' statutory liability for damages shall be limited as follows: (i) D-Link and Quartics shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) D-Link and Quartics shall not be liable for damages caused by a slightly negligent breach of a nonmaterial contractual obligation.

13.2.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee, or liability for culpably caused personal injuries.

13.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make backup copies of the Software and your computer data subject to the provisions of this Agreement.

13.3 Prerelease Product Additional Terms. If the product you have received with this license is precommercial release or beta Software ("Prerelease Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Prerelease Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a prerelease version, does not represent the final product from D-Link and Quartics, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. Consequently, the Prerelease Software is provided to you "AS-IS," and D-Link and Quartics disclaim any warranty or liability obligations to you of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRERELEASE SOFTWARE, BUT IT MAY BE LIMITED, D-LINK¡¦S AND QUARTICS¡¦ LIABILITY AND THAT OF THEIR SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (US$50) IN TOTAL. You acknowledge that D-Link and Quartics have not promised or guaranteed to you that Prerelease Software will be announced or made available to anyone in the future, D-Link and Quartics have no express or implied obligation to you to announce or introduce the Prerelease Software, and that D-Link and/or Quartics may not introduce a product similar to or compatible with the Prerelease Software. Accordingly, you acknowledge that any research or development that you perform regarding the Prerelease Software or any product associated with the Prerelease Software is done entirely at your own risk. During the term of this Agreement, if requested by D-Link or Quartics, you will provide feedback to such requesting party regarding testing and use of the Prerelease Software, including error or bug reports. If you have been provided the Prerelease Software pursuant to a separate written agreement, such as the Quartics, Inc. Serial Agreement for Unreleased Products, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, assign, or transfer the Prerelease Software. Upon receipt of a later unreleased version of the Prerelease Software or release by D-Link of a publicly released commercial version of the Software, whether as a standalone product or as part of a larger product, you agree to return or destroy all earlier Prerelease Software received from D-Link and to abide by the terms of the license agreement for any such later versions of the Prerelease Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America, you agree that you will return or destroy all unreleased versions of the Prerelease Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for D-Link¡¦s first commercial shipment of the publicly released (commercial) Software.


If you have any questions regarding this Agreement or if you wish to request any information from D-Link, use the address and contact information included with this product to contact the D-Link office serving your jurisdiction.
