The Firmware is provided by Avocent. By downloading, you agree to the terms and conditions of this Agreement.

1. Avocent grants you a non-transferable, non-exclusive, non-sublicensable license to use a single copy of the Firmware in connection with the end user's use of the Products with which the Firmware is distributed.

2. All right, title and ownership, including all proprietary rights, including trademarks, copyrights, and patents of the Firmware, shall remain with Avocent.

3. The rights granted herein are strictly limited to the use of the Firmware for the purpose of facilitating your use on the Products. In addition, you will not attempt to learn the source code or algorithms of the underlying Firmware.  You shall not modify or create derivative works from or based on the Firmware.

4. Title to the Firmware and all associated intellectual property rights is retained by Avocent and or its licensors.  You may not modify, decompile or reverse engineer the Firmware.  No right, title or interest in or to any trademark, service mark or logo of Avocent or its licensors is granted under this Agreement.

5. The Firmware is provided to you on an AS IS basis, and includes no express or implied warranties, including the warranties of merchantability, non-infringement, and fitness for a particular use.

6. In no event will Avocent or Gigabyte be liable for any special, indirect, incidental, or consequential damages.