1. IMPORTANT
This Software (including software in binary form, documentation
such as READMEs, and other related items) is provided by ST
under the following license. By downloading this Software, you
(the licensee) agree that you have read, understood, and will
comply with the following terms and conditions. All rights not
expressly granted under this license are reserved.
2. LICENSE GRANT
Permission to install, use and display the Software on a computer
which is owned by you and which is located at your premises,
is hereby granted to you on a free and non-exclusive basis,
for your internal purposes solely.
3. RESTRICTIONS
Unless explicitly stated otherwise herein, no permission is
granted to copy, and/or modify the Software for any purpose
whatsoever. The Software is non-transferable, non sub-licensable,
and may not be distributed in any way by you.
Any modification of the Software by you requires prior written
approval by ST.
Except as explicitly authorized herein, you agree not to:
(a) Sell, assign, sublicense, lease, rent, timeshare, grant
a security interest in, distribute or otherwise make available
or transfer the Software;
(b) Copy or reproduce the Software;
(c) Modify, translate, adapt, reverse engineer, decompile, disassemble
(except and only to the extent applicable law specifically prohibit
such restriction) or otherwise attempt to discover any source
code for, or create derivative works based on the Software or
merge the Software into any other software; ST reserves all
rights not expressly granted to you hereunder, and your use
of the Software for any other purpose is expressly prohibited.
4. COPYRIGHT STATEMENTS, TRADEMARKS AND PUBLICATIONS
The name and trademarks of ST may NOT be used in advertising
or publicity pertaining to the Software or results obtained
therefrom without specific, written prior permission by ST.
Title to copyright in this Software will at all times remain
with ST.
You shall not without prior written permission by ST publish
documents referring to the Software or to results based on the
Software.
You shall ensure that the Software references, copyright statement
and license conditions are not altered or removed from the Software.
5. NO WARRANTY
THIS SOFTWARE IS PROVIDED BY ST "AS IS" AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND
FITNESS FOR A PARTICULAR PURPOSE OR USE ARE DISCLAIMED. ST MAKES
NO REPRESENTATION THAT THE SOFTWARE WILL NOT INFRINGE ANY PATENT,
COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHT OF A THIRD
PARTY. ST does not warrant that use in whole or in part of the
Software will be uninterrupted or error free, will meet your
requirements, or will operate with the combination of hardware
and software selected by you.
ST is under no obligation to provide bug fixes, patches, upgrades
or other enhancements or derivatives of the features, functionality
or performance of this Software.
ALL WARRANTIES, CONDITIONS OR OTHER TERMS IMPLIED BY LAW ARE
EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
You acknowledge that the Software, and processes and products
derived therefrom are not designed nor authorized for use in
life supporting devices. You agree to hold ST free and harmless
from any liability in connection with the use of the Software
and products or processes derived in any way therefrom or related
in any way thereto.
6. NO LIABILITY
ST SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION,
HOWEVER CAUSED AND ON ANY THEORY OF CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
7. INTELLECTUAL PROPERTY PROTECTION
You may not include this Software in whole or in part in any
patent or patent application in respect of any use or application
of the Software by you.
8. TERMINATION
This license shall terminate without any compensation, with
immediate effect and without notice if you fail to comply with
any of the terms of this license, or if you institute litigation
against ST or any Affiliate of ST. Upon termination of this
license, you agree not to use the Software for any purpose whatsoever,
to destroy the Software and any copies thereof in your possession.
9. APPLICABLE LAW
This Agreement shall be governed by and construed and enforced
in accordance with the laws of Switzerland without regard to
its rules on conflict of laws or any other rules that would
result in the application of a different body of law or to the
United Nations Convention on Contracts for the International
Sale of Goods. You hereby consent to the exclusive jurisdiction
of the courts of Geneva, Switzerland.
10. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you
and ST and ST shall not be bound by any conditions, definitions,
warranties, understandings or representations with respect to
the Software other than as expressly provided herein.
