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194 lines
10 KiB
194 lines
10 KiB
13 years ago
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IMPORTANT:
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YOU MUST ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
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TO RECEIVE A LICENSE FOR THE ACCOMPANYING SOFTWARE. TO ACCEPT THE
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TERMS OF THIS LICENSE, OPEN THIS PACKAGE AND PROCEED WITH THE
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DOWNLOAD OR USE OF THE SOFTWARE. IF YOU DO NOT ACCEPT THESE LICENSE
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TERMS, DO NOT OPEN THIS PACKAGE, DOWNLOAD, OR USE THIS SOFTWARE.
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PICkit(tm) 2 PK2CMD SOFTWARE LICENSE
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This License Agreement (Agreement) is a contract between You (as
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an individual or as a representative of your employer) and
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Microchip Technology Incorporated ("Company") for the PICkit(tm) 2
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PK2CMD software (including source code) accompanying this Agreement
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(the "Software"). In consideration for access to the Software, You
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agree to be bound by this Agreement.
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1. LICENSE GRANT. Subject to all of the terms and conditions of
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this Agreement, Company grants You a non-exclusive, non-
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sublicensable, non-transferable license to use the Software with
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Company products, modify the Software for use with Company products,
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and market, sell or otherwise distribute:
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(a) Your end application that integrates Software and Company
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products ("Licensee Product"); or
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(b) Your modifications to the Software provided that the modified
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Software has the following copyright and disclaimer notice
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prominently posted in a location where end users will see it
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(e.g., installation program, program headers, About Box, etc.):
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"Copyright (c) 2005-2008 Microchip Technology Inc. All rights
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reserved. This version of the PICkit(tm) 2 PK2CMD Software has been
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modified by [INSERT YOUR NAME, DATE OF SOFTWARE MODIFICATION HERE].
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You may use, copy, modify and distribute the Software for use with
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Microchip products only. If you distribute the Software or its
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derivatives, the Software must have this copyright and disclaimer
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notice prominently posted in a location where end users will see it
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(e.g., installation program, program headers, About Box, etc.). To
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the maximum extent permitted by law, this Software is distributed
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"AS IS" and WITHOUT ANY WARRANTY INCLUDING BUT NOT LIMITED TO ANY
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IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE,
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or NON-INFRINGEMENT. IN NO EVENT WILL MICROCHIP OR ITS LICENSORS BE
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LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
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DAMAGESOF ANY KIND ARISING FROM OR RELATED TO THE USE, MODIFICATION
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OR DISTRIBUTION OF THIS SOFTWARE OR ITS DERIVATIVES."
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You may not copy or reproduce all or any portion of Software, except
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to the extent that such activity is specifically allowed by this
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Agreement or expressly permitted by applicable law notwithstanding
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the foregoing limitations.
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All copies of the Software created by You or for You, including
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derivatives, must include the copyright, trademark and other
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proprietary notices as they appear on the original or, in the event
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You modified the Software, the notice listed above. You may not
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remove or alter any identifying screen that is produced by the
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Software.
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2. OWNERSHIP AND TITLE. Software is licensed pursuant to the
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Agreement, not sold. All right, title and interest, including
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intellectual property rights, in and to Software, derivatives
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thereof, implementation of the Software in microcontrollers,
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and hardware and software implementations of Software or
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derivatives shall remain in Company. You will not obtain
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ownership rights to derivatives of Software, and by accepting
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the terms of this Agreement assign any such rights to Company
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that You do receive. Except as specifically stated in the
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Agreement, you are granted no other rights, express or implied,
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to the Software, derivatives thereof, or other Company
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intellectual property such as trade secrets, patents,
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copyrights, and trademarks.
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3. CONFIDENTIALITY. You agree not to disclose Software to any
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third party, except as permitted by this Agreement. To the
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extent that Software becomes part of the public domain, is
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independently developed, or obtained free from any obligation
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of confidentiality then the obligation of confidentiality
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under this Agreement shall not apply.
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4. COPYRIGHT. The Software is protected by U.S. copyright laws
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and international copyright treaties, as well as other
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intellectual property laws and treaties.
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5. TERMINATION OF AGREEMENT. Without prejudice to any other
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rights, Company may terminate this Agreement if You fail to
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comply with the terms and conditions of this Agreement.
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Upon termination, You shall immediately: (a) stop using and
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distributing the Software and derivatives thereof; (b) destroy
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all copies of the Software and derivatives in your possession;
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and (c) remove Software from any of Your tangible media and
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from systems on which the Software exists. Termination of
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this License shall not affect the right of any end user or
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consumer to use Licensee Product or modified Software;
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provided that such product or modified Software was purchased
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or distributed prior to the termination of this License.
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6. DANGEROUS APPLICATIONS. You acknowledge that Software has not
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been designed to be fault tolerant. You warrant that You will
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not use Software or derivatives in a dangerous, hazardous, or
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life supporting application where the failure of such
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application could lead directly to death, personal injury, or
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environmental damage.
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7. INDEMNITY. You will indemnify and hold Company and its
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licensor(s), its related companies and its suppliers, harmless
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for, from and against, any claims, costs (including attorney's
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fees), damages or liabilities, including without limitation
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product liability claims, arising out of: (a) Your use,
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modification and distribution of the Software and its
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derivatives; or (b) violation of this Agreement. COMPANY AND
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ITS LICENSOR(S) ASSUME NO RESPONSIBILITY FOR, NOR INDEMNIFY
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YOU AGAINST, ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL
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PROPERTY CLAIMS BROUGHT AGAINST YOU RELATING TO THE SOFTWARE.
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8. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY
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AND ITS LICENSOR PROVIDE SOFTWARE "AS IS" AND EXPRESSLY
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DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
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INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
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NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF
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USE OR PERFORMANCE OF SOFTWARE, AS WELL AS ANY DERIVATIVES OF
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THE SOFTWARE MADE FOR YOU OR ON YOUR BEHALF. COMPANY AND ITS
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LICENSOR(S) ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR
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ERRORS OR OMISSIONS OF SOFTWARE AND DO NOT WARRANT THE
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FOLLOWING: (A) THE FUNCTIONS CONTAINED IN SOFTWARE WILL MEET
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YOUR REQUIREMENTS; (B) THE OPERATION OF SOFTWARE WILL BE
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UNINTERRUPTED OR ERROR-FREE; OR (C) ANY DEFECTS IN SOFTWARE
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WILL BE CORRECTED.
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9. LIMITATION OF LIABILITY. COMPANY AND ITS LICENSOR TOTAL
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AGGREGATE LIABILITY IN CONTRACT, WARRANTY, TORT (INCLUDING
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NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY,
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INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE
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LICENSE FEE YOU PAID FOR THE SOFTWARE. IN NO EVENT SHALL
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COMPANY AND ITS LICENSOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
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INDIRECT OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA,
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HARM TO YOUR EQUIPMENT, COST OF PROCUREMENT OF SUBSTITUTE
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GOODS, TECHNOLOGY OR SERVICES, ANY CLAIMS BY THIRD PARTIES
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(INCLUDING BUT NOT LIMITED TO ANY DEFENSE THEREOF), ANY CLAIMS
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FOR INDEMNITY OR CONTRIBUTION, OR OTHER SIMILAR COSTS. If any
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remedy is determined to have failed of its essential purpose,
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all limitations of liability and exclusion of damages set forth
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in the limited warranty shall remain in effect.
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10. SURVIVAL. Sections 2-15 shall survive termination of this
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Agreement.
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11. CHOICE OF LAW; VENUE; LIMITATIONS ON CLAIMS. You agree that
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this Agreement and any conflicts regarding Software, shall be
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construed, interpreted and governed by the laws, and subject
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to the exclusive jurisdiction of the state or territory in the
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Company Terms and Conditions of Sale ("T&Cs"). In the event
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that the T&Cs do not apply or the choice of law or
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jurisdiction are not indicated therein, then this Agreement
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shall be construed, interpreted and governed by the laws, and
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subject to the exclusive jurisdiction of the State of Arizona,
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U.S.A. without regard to any conflict of laws principles. You
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agree that regardless of any law to the contrary, any cause of
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action related to or arising out of this Agreement or Software
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must be filed within one year after such cause of action
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arose, or be considered waived.
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12. EXPORT COMPLIANCE. You will not export or re-export Software,
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technical data, direct products thereof or any other items
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which would violate any applicable export control laws and
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regulations including, but not limited to, those of the United
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States and the United Kingdom. You agree that it is Your
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responsibility to obtain copies of and to familiarize yourself
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fully with these laws and regulations to avoid violation.
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13. ASSIGNMENT. Neither this agreement nor any rights, licenses
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or obligations hereunder, may be assigned by You without the
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Company's prior written approval.
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14. ENTIRE AGREEMENT: MODIFICATIONS AND WAIVER. This Agreement
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constitutes the entire agreement of the parties with respect
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to the subject matter of this Agreement, and merges and
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supersedes all communications relating to this subject matter,
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whether written or oral. Except as expressly set forth in this
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Agreement, no modification of this Agreement will be effective
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unless made in writing signed by Company. No failure or delay
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by Company or its licensor(s) to assert any rights or remedies
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arising from a breach of this Agreement shall be construed as a
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waiver or a continuing waiver of such rights and remedies, nor
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shall failure or delay to assert a breach be deemed to waive that
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or any other breach. If any part of this Agreement is found by a
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court of competent jurisdiction to be invalid, unlawful or
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unenforceable then such part shall be severed from the remainder
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of this Agreement and replaced with a valid provision that comes
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closest to the intention underlying the invalid provision.
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Copyright (c) 2005-2008, Microchip Technology Inc. All rights
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reserved.
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