The SOFTWARE may only have been obtained from the Utopia Sound Division WWW site at http://utopia.a1.nl. Any other source should be considered illegal and SOFTWARE obtained from such a source should be deleted at immediately.

The reason for making the SOFTWARE public is to give people that are willing to, the opportunity to further develop the drivers and software of the now discontinued Gravis UltraSound series of soundcards. You accept that the SOFTWARE and any derivative works will not be spreaded in any way except by the way of one of the official Utopia Sound Division WWW sites. The SOFTWARE and derivative work are not be to used for any commercial purposes whatsoever and Utopia Sound Division shall receive no compensation for the distribution of the SOFTWARE or derivative works. When derivative works are approved they will be made freely available for download under the name of "Free UltraSound Driver Development Team".

Additionally you should check the Utopia Sound Division WWW site on a regular basis to see whether or not, for whatever reason Advanced Gravis Computer Technology Ltd. has decided to terminate the AGREEMENT with Utopia Sound Division which requires you to delete ALL of the files originating from this archive, the archive itself and ALL derivative works immediately.

Although the SOFTWARE was originally provided by Advanced Gravis Computer Technology Ltd. ("Gravis"), it is no longer supported by Gravis or any of Gravis’ subsidiaries, or affiliated companies. The SOFTWARE may have been modified from it’s originally provided form by one or more persons not associated with Gravis. Your use of the SOFTWARE is at your own risk. Gravis is not responsible for providing technical support, upgrades, modifications, fixes, documentation, maintenance or information of any kind.

You, as a sublicensee recognize the exclusive right of Gravis to the ownership and use of all trademarks and trade names owned and/or used by Gravis in connection with the SOFTWARE. You agree to take all steps necessary to preserve Gravis’ trademarks, trade names and other intellectually property rights. You may not use Gravis’ trademarks or trade names in connection with the SOFTWARE.

DISCLAIMER OF WARRANTIES:

YOU ACKNOWLEDGE AND UNDERSTAND THAT THE SOFTWARE IS NOT A FINISHED PRODUCT AND MAY CONTAIN ERRORS AND OMISSIONS AND CAUSE PROBLEMS TO YOUR SYSTEM. YOU AGREE AND ACKNOWLEDGE THAT GRAVIS SHALL HAVE NO RESPONSIBILITY TO CORRECT AND DEFECTS OR PROBLEMS IN THE SOFTWARE OR YOUR SYSTEM, OR TO ASSURE THAT THE SOFTWARE OPERATES PROPERLY. GRAVIS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANT ABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR NON-INFRINGEMENT OF THE SOFTWARE. YOU UNDERSTAND THAT THE SOFTWARE IS PROVIDED TO YOU "AS IS." YOU ALSO EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK, AND YOU THEREFORE ASSUME ALL RISKS ASSOCIATED WITH ITS USE, QUALITY AND PERFORMANCE.

LIMIT OF LIABILITY:

IN NO EVENT WILL GRAVIS BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF GRAVIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Use, duplication, or disclosure by the United States Government is subject of the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.

The SOFTWARE may not be appropriate for use in every geographic location. You, as a sublicensee shall ensure that access to the SOFTWARE from territories where the SOFTWARE is illegal is prohibited. You may not use or export the SOFTWARE in violation of U.S. export laws and regulations.