Software Licence Agreement
NOTICE - READ THIS BEFORE DOWNLOADING, COPYING, OR
USING THE SOFTWARE.
INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS SOFTWARE
LICENSE AGREEMENT (THIS "AGREEMENT") INDICATES YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS
AND CONDITIONS OF THIS AGREEMENT PRIOR TO INSTALLING OR USING
THE SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DELETE
THE SOFTWARE FROM YOUR HARDWARE. PLEASE NOTE THAT YOU MAY NOT
USE, COPY, MODIFY, OR TRANSFER THE SOFTWARE OR DOCUMENTATION
OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
IMPORTANT -- READ CAREFULLY: By checking "I accept"
and clicking on the "Continue" button to make and
utilize copies of the software in source code form (the "Software"),
You ("Licensee") agree to be and are hereby bound
by the terms of this Agreement. If Licensee does not agree to
the terms of this Agreement, Licensee must promptly destroy
all copies of the Software and accompanying documentation, if
any ("Documentation").
1. GRANT OF LICENSE:
STMicroelectronics NV ("ST") hereby grants to Licensee
a non-exclusive license to the Software and Documentation:
a) Use, copy the Software to demonstrate how to access the
time and date information of the Serial RTC using the I2C
(or SPI) bus protocol;
b) Use the Documentation.
Except under the terms listed above, Licensee may not: (i)
use or permit other individuals to use the Software; (ii) modify,
translate, reverse engineer, decompile, disassemble (except
to the extent that this restriction is expressly prohibited
by law) or create derivative works based upon the Software or
Documentation; (iii) copy the Software or Documentation (except
for back-up purposes); (iv) rent, lease, sell, offer to sell,
distribute, or otherwise transfer rights to the Software or
Documentation; (v) remove any proprietary notices or labels
on the Software or Documentation.
2. RESTRICTIONS ON TRANSFER OF LICENSE RIGHTS
The rights granted to Licensee under this agreement may not
be assigned, sublicensed or otherwise transferred by Licensee
to any third party without the prior written consent of ST.
3. TITLE
Title, ownership, rights, and intellectual property rights
in and to the Software and Documentation shall remain in ST
and/or its suppliers and licensors. The Software is protected
by copyright law as well as other intellectual property laws
and international copyright treaties. Title, ownership rights
and intellectual property rights in and to the content accessed
through the Software, is the property of the applicable content
owner and may be protected by applicable copyright or other
law. This Agreement gives Licensee no rights, other than the
rights granted baove, to such content.
4. DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ST AND ITS LICENSORS AND SUPPLIERS FURTHER DISCLAIM ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE
RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND
DOCUMENTATION REMAINS WITH LICENSEE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL ST OR ITS SUPPLIERS OR
LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER PECUNIARY
LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY
TO USE THE SOFTWARE, EVEN IF ST OR ITS SUPPLIERS OR LICENSORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO LICENSEE. NOTWITHSTANDING THE FOREGOING,
TO THE EXTENT THAT ST MAY BE HELD LEGALLY LIABLE TO LICENSEE
BY A COURT OF COMPETENT JURISDICTION UNDER CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, THE MAXIMUM LIABILITY OF ST SHALL NOT
EXCEED ONE (1) EURO.
5. TERMINATION
This Agreement shall terminate automatically if Licensee fails
to comply with the limitations described in this Agreement.
No notice shall be required from st to effectuate such termination.
On termination, Licensee must destroy all copies of the Software
and Documentation.
6. GOVERNING LAW:
The rights and obligations of the party's under this Agreement
shall NOT be governed by the U N Convention on Contracts for
the International Sales of Goods; rather such rights and obligations
shall be governed and construed under the laws of France, without
reference to conflict of laws principles.
7. EXPORT
Licensee agrees to comply with all provisions of all applicable
export laws and regulations, with respect to the use, tansport,
or communication of the Software. Licensee agrees that it will
not export or re-export the Software to any country, person
or entity or end user subject to U.S.A. export restrictions.
Restricted countries currently include, but are not necessarily
limited to, Cuba, Iran, Iraq, Libya, North Korea, Syria and
the Federal Republic of Yugoslavia (Serbia and Montenegro, U.N.
Protected Areas and areas of Bosnia and Herzegovina under the
control of Bosnian Serb forces).
8. OPEN SOURCE
In using the Software, Licensee covenant and agree that it
shall not (i) create derivative works of the Software in any
manner that would cause the Software, in whole or in part, to
become subject to any of the terms of the Excluded License or
(ii) distribute the Software (or derivative works) in any manner
that would cause Software to become subject to any of the terms
of the Excluded License. An "Excluded License" is
any license that requires as a condition of use, modification
and/or distribution of software subject to the Excluded License,
that such software or other software combined and/or distributed
with such software be (x) disclosed or distributed in source
code form; (y) licensed for the purpose of making derivative
works; or (z) re-distributable at no charge.
9. ENTIRE AGREEMENT:
This Agreement constitutes the complete and exclusive agreement
between ST and Licensee with respect to the subject matter hereof
and supersedes all prior oral or written understandings, communications
or agreements not specifically incorporated herein. This Agreement
may not be modified except in writing duly signed by an authorized
representative of ST and Licensee. |
