1 |
610 |
jeremybenn |
IMPORTANT. Read the following LMI Software License Agreement ("Agreement")
|
2 |
|
|
completely.
|
3 |
|
|
|
4 |
|
|
In summary, this license agreement allows you to use this software only on
|
5 |
|
|
Luminary Micro microcontrollers, on an as-is basis, with no warranties.
|
6 |
|
|
|
7 |
|
|
LUMINARY MICRO SOFTWARE LICENSE AGREEMENT
|
8 |
|
|
|
9 |
|
|
This is a legal agreement between you (either as an individual or as an
|
10 |
|
|
authorized representative of your employer) and Luminary Micro, Inc. ("LMI").
|
11 |
|
|
It concerns your rights to use this file and any accompanying written materials
|
12 |
|
|
(the "Software"). In consideration for LMI allowing you to access the Software,
|
13 |
|
|
you are agreeing to be bound by the terms of this Agreement. If you do not
|
14 |
|
|
agree to all of the terms of this Agreement, do not download the Software. If
|
15 |
|
|
you change your mind later, stop using the Software and delete all copies of
|
16 |
|
|
the Software in your possession or control. Any copies of the Software that you
|
17 |
|
|
have already distributed, where permitted, and do not destroy will continue to
|
18 |
|
|
be governed by this Agreement. Your prior use will also continue to be governed
|
19 |
|
|
by this Agreement.
|
20 |
|
|
|
21 |
|
|
1. LICENSE GRANT. LMI grants to you, free of charge, the non-exclusive,
|
22 |
|
|
non-transferable rights solely and exclusively on or for LMI's microcontroller
|
23 |
|
|
products: (1) to use and reproduce the Software, (2) to prepare derivative
|
24 |
|
|
works of the Software, (3) to distribute the Software and derivative works
|
25 |
|
|
thereof in source (human-readable) form and object (machine-readable) form, (4)
|
26 |
|
|
to sublicense to others the right to use the distributed Software, (5) permit
|
27 |
|
|
the Software and derivative works thereof to communicate with "viral open
|
28 |
|
|
source" software (as defined below); provided however that you may not combine
|
29 |
|
|
the two separate and independent works to form a larger program, and (6)
|
30 |
|
|
combine the Software and derivative works thereof with "non-viral open source"
|
31 |
|
|
software (as defined below). For the purposes of this Agreement, "viral open
|
32 |
|
|
source" software means open source software made available on license terms,
|
33 |
|
|
such as the GNU General Public License (GPL), that would alter the foregoing
|
34 |
|
|
license grant restrictions if combined with the Software. For the purposes of
|
35 |
|
|
this Agreement, "non-viral open source" software means open source software
|
36 |
|
|
made available on license terms that would not alter the foregoing license
|
37 |
|
|
grant restrictions if combined with the Software. For the avoidance of any
|
38 |
|
|
doubt, the foregoing license grant does not permit you to combine the Software
|
39 |
|
|
and derivative works thereof with "viral open-source" software in order to
|
40 |
|
|
sublicense to others the right to use the combined software product. If you
|
41 |
|
|
violate any of the terms or restrictions of this Agreement, LMI may immediately
|
42 |
|
|
terminate this Agreement, and require that you stop using and delete all copies
|
43 |
|
|
of the Software in your possession or control.
|
44 |
|
|
|
45 |
|
|
2. COPYRIGHT. The Software is licensed to you, not sold. LMI owns the Software,
|
46 |
|
|
and United States copyright laws and international treaty provisions protect
|
47 |
|
|
the Software. Therefore, you must treat the Software like any other copyrighted
|
48 |
|
|
material (e.g. a book or musical recording). You may not use or copy the
|
49 |
|
|
Software for any other purpose than what is described in this Agreement. Except
|
50 |
|
|
as expressly provided herein, LMI does not grant to you any express or implied
|
51 |
|
|
rights under any LMI or third-party patents, copyrights, trademarks, or trade
|
52 |
|
|
secrets. Additionally, you must reproduce and apply any copyright or other
|
53 |
|
|
proprietary rights notices included on or embedded in the Software to any
|
54 |
|
|
copies or derivative works made thereof, in whole or in part, if any.
|
55 |
|
|
|
56 |
|
|
3. SUPPORT. LMI is NOT obligated to provide any support, upgrades or new
|
57 |
|
|
releases of the Software. If you wish, you may contact LMI and report problems
|
58 |
|
|
and provide suggestions regarding the Software. LMI has no obligation
|
59 |
|
|
whatsoever to respond in any way to such a problem report or suggestion. LMI
|
60 |
|
|
may make changes to the Software at any time, without any obligation to notify
|
61 |
|
|
or provide updated versions of the Software to you.
|
62 |
|
|
|
63 |
|
|
4. INDEMNITY. You agree to fully defend and indemnify LMI from any and all
|
64 |
|
|
claims, liabilities, and costs (including reasonable attorney's fees) related
|
65 |
|
|
to (1) your use (including your sub-licensee's use, if permitted) of the
|
66 |
|
|
Software or (2) your violation of the terms and conditions of this Agreement.
|
67 |
|
|
|
68 |
|
|
5. HIGH RISK ACTIVITIES. You acknowledge that the Software is not fault
|
69 |
|
|
tolerant and is not designed, manufactured or intended by LMI for incorporation
|
70 |
|
|
into products intended for use or resale in on-line control equipment in
|
71 |
|
|
hazardous, dangerous to life or potentially life-threatening environments
|
72 |
|
|
requiring fail-safe performance, such as in the operation of nuclear
|
73 |
|
|
facilities, aircraft navigation or communication systems, air traffic control,
|
74 |
|
|
direct life support machines or weapons systems, in which the failure of
|
75 |
|
|
products could lead directly to death, personal injury or severe physical or
|
76 |
|
|
environmental damage ("High Risk Activities"). You specifically represent and
|
77 |
|
|
warrant that you will not use the Software or any derivative work of the
|
78 |
|
|
Software for High Risk Activities.
|
79 |
|
|
|
80 |
|
|
6. PRODUCT LABELING. You are not authorized to use any LMI trademarks, brand
|
81 |
|
|
names, or logos.
|
82 |
|
|
|
83 |
|
|
7. COMPLIANCE WITH LAWS; EXPORT RESTRICTIONS. You must use the Software in
|
84 |
|
|
accordance with all applicable U.S. laws, regulations and statutes. You agree
|
85 |
|
|
that neither you nor your licensees (if any) intend to or will, directly or
|
86 |
|
|
indirectly, export or transmit the Software to any country in violation of U.S.
|
87 |
|
|
export restrictions.
|
88 |
|
|
|
89 |
|
|
8. GOVERNMENT USE. Use of the Software and any corresponding documentation, if
|
90 |
|
|
any, is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the
|
91 |
|
|
Government is subject to restrictions as set forth in subparagraph (c)(1)(ii)
|
92 |
|
|
of The Rights in Technical Data and Computer Software clause at DFARS
|
93 |
|
|
252.227-7013 or subparagraphs (c)(l) and (2) of the Commercial Computer
|
94 |
|
|
Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is
|
95 |
|
|
Luminary Micro, Inc., 108 Wild Basin Road, Ste 350, Austin, Texas 78746.
|
96 |
|
|
|
97 |
|
|
9. DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LMI
|
98 |
|
|
EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS
|
99 |
|
|
IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
|
100 |
|
|
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
|
101 |
|
|
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT
|
102 |
|
|
OF THE USE OR PERFORMANCE OF THE SOFTWARE, OR ANY SYSTEMS YOU DESIGN USING THE
|
103 |
|
|
SOFTWARE (IF ANY). NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS A WARRANTY OR
|
104 |
|
|
REPRESENTATION BY LMI THAT THE SOFTWARE OR ANY DERIVATIVE WORK DEVELOPED WITH
|
105 |
|
|
OR INCORPORATING THE SOFTWARE WILL BE FREE FROM INFRINGEMENT OF THE
|
106 |
|
|
INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
|
107 |
|
|
|
108 |
|
|
10. LIMITATION OF LIABILITY. IN NO EVENT WILL LMI BE LIABLE, WHETHER IN
|
109 |
|
|
CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT,
|
110 |
|
|
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
|
111 |
|
|
ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS,
|
112 |
|
|
SAVINGS, OR REVENUES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
|
113 |
|
|
|
114 |
|
|
11. CHOICE OF LAW; VENUE; LIMITATIONS. You agree that the statutes and laws of
|
115 |
|
|
the United States and the State of Texas, USA, without regard to conflicts of
|
116 |
|
|
laws principles, will apply to all matters relating to this Agreement or the
|
117 |
|
|
Software, and you agree that any litigation will be subject to the exclusive
|
118 |
|
|
jurisdiction of the state or federal courts in Austin, Travis County, Texas,
|
119 |
|
|
USA. You agree that regardless of any statute or law to the contrary, any claim
|
120 |
|
|
or cause of action arising out of or related to this Agreement or the Software
|
121 |
|
|
must be filed within one (1) year after such claim or cause of action arose or
|
122 |
|
|
be forever barred. YOU EXPRESSLY AGREE THAT YOU WAIVE YOUR INDIVIDUAL RIGHT TO
|
123 |
|
|
A TRIAL BY JURY IN ANY COURT OF COMPETENT JURISDICTION FOR ANY ACTION, DISPUTE,
|
124 |
|
|
CLAIM, OR CONTROVERSY CONCERNING THIS AGREEMENT OR FOR ANY ACTION, DISPUTE,
|
125 |
|
|
CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO ANY INTERPRETATION,
|
126 |
|
|
CONSTRUCTION, PERFORMANCE OR BREACH OF THIS AGREEMENT.
|
127 |
|
|
|
128 |
|
|
12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between
|
129 |
|
|
you and LMI regarding the subject matter of this Agreement, and supersedes all
|
130 |
|
|
prior communications, negotiations, understandings, agreements or
|
131 |
|
|
representations, either written or oral, if any. This Agreement may only be
|
132 |
|
|
amended in written form, executed by you and LMI.
|
133 |
|
|
|
134 |
|
|
13. SEVERABILITY. If any provision of this Agreement is held for any reason to
|
135 |
|
|
be invalid or unenforceable, then the remaining provisions of this Agreement
|
136 |
|
|
will be unimpaired and, unless a modification or replacement of the invalid or
|
137 |
|
|
unenforceable provision is further held to deprive you or LMI of a material
|
138 |
|
|
benefit, in which case the Agreement will immediately terminate, the invalid or
|
139 |
|
|
unenforceable provision will be replaced with a provision that is valid and
|
140 |
|
|
enforceable and that comes closest to the intention underlying the invalid or
|
141 |
|
|
unenforceable provision.
|
142 |
|
|
|
143 |
|
|
14. NO WAIVER. The waiver by LMI of any breach of any provision of this
|
144 |
|
|
Agreement will not operate or be construed as a waiver of any other or a
|
145 |
|
|
subsequent breach of the same or a different provision.
|