S3 Incorporated Terms and Conditions of BBS and FTP Access


S3 PROVIDES THIS BBS AND FTP ACCESS SO THAT YOU MAY DOWNLOAD S3 SOFTWARE FOR USE WITH AN S3 CHIP AND RECEIVE SUCH UPDATES AND SUPPORT FOR THE S3 CHIP AS S3 MAY ELECT TO PROVIDE. THE SOFTWARE AND ANY UPDATES S3 MAY ELECT TO PROVIDE ARE REFERRED TO AS THE "SOFTWARE." S3 IS WILLING TO PROVIDE YOU WITH ACCESS TO THE BBS AND FTP SITE AND TO LICENCE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE FOLLOWING TERMS AND CONDITIONS. BY ACCESSING EITHER THE BBS OR FTP SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY EXIT THIS SERVICE. YOU MAY NOT DUPLICATE ALL OR ANY PART OF THE ITEMS CONTAINED IN THE BBS OR AT THE FTP SITE, INCLUDING THE SOFTWARE (THE "S3 ITEMS"), OR CREATE DERIVATIVE WORKS BASED IN WHOLE OR IN PART ON THE S3 ITEMS, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS. S3 RESERVES THE RIGHT TO DENY ACCESS TO THE BBS OR FTP SITE TO ANYONE FOR ANY REASON AND AT ANY TIME.

Software License: Except as otherwise provided by an S3 License Agreement to which you are a party, you (i) may only use the Software on a single system that contains the S3 Chip that the Software is designed for, (ii) may not use the Software for any other purpose or reproduce, decompile, reverse engineer, disassemble or otherwise reduce the Software to human-readable form, (iii) may make one copy of the Software for backup purposes only, and (iv) acknowledge that all copies of the Software in whatever form provided are the sole property of S3, and that you have no right, title or interest in the Software or any copies of the Software, except as expressly provided in these Terms and Conditions. 

Warranty: YOUR USE OF THE BBS OR FTP SITE AND S3 ITEMS IS AT YOUR OWN RISK. OTHER THAN TO THE EXTENT EXPRESSLY SET FORTH IN YOUR AGREEMENT WITH THE PARTY OR PARTIES WHO SUPPLIED YOU WITH A SYSTEM THAT CONTAINS THE S3 CHIP OR IN YOUR S3 LICENSE AGREEMENT, IF ANY, YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK, AND THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT. CONDITIONS OF USE OF THE S3 ITEMS ARE BEYOND S3'S KNOWLEDGE AND CONTROL, AND S3 ASSUMES NO LIABILITY FOR RESULTS OBTAINED OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE APPLICATION OF THE DATA, INFORMATION OR SOFTWARE CONTAINED ON THE BBS, FTP OR S3 ITEMS. 

No Liability for Damages: IN NO EVENT SHALL S3 BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, CONSEQUENTIAL OR INCIDENTAL DAMAGES) ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE. IN NO EVENT WILL S3'S ENTIRE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. 

Export Restrictions: You agree that you will not, directly or indirectly, export the S3 Items including the Software to any country to which such export is restricted by applicable U.S. export control laws without the prior consent, if required, of the U.S. Department of Commerce or such other governmental entity as any have jurisdiction over such export. 

Complete Agreement: These Terms and Conditions, together with your S3 License Agreement, if any, constitute the entire agreement between you and S3 with respect to the use of the BBS or FTP site and the S3 Items including the Software. 

Term: These Terms and Conditions are effective until terminated. These Terms and Conditions will terminate immediately without any notice from S3 if you fail to comply with any provision of these Terms and Conditions. Upon termination, you must destroy S3 Items including the Software and any related documentation that you may have.