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