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