📄 eula.txt
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IMPORTANT. Read the following LMI Software License Agreement ("Agreement")completely.LUMINARY MICRO SOFTWARE LICENSE AGREEMENT This is a legal agreement between you (either as an individual or as anauthorized 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 theSoftware, you are agreeing to be bound by the terms of this Agreement. If youdo not agree to all of the terms of this Agreement, do not download or use theSoftware. If you change your mind later, stop using the Software and deleteall copies of the Software in your possession or control. Any copies of theSoftware that you have already distributed, where permitted, and do not destroywill continue to be governed by this Agreement. Your prior use will alsocontinue to be governed by this Agreement.1. LICENSE GRANT. LMI grants to you, free of charge, the non-exclusive,non-transferable right (1) to use the Software solely and exclusively on LMI'smicrocontroller products, (2) to reproduce the Software, (3) to preparederivative works of the Software, (4) to distribute the Software and derivativeworks thereof in source (human-readable) form and object (machine-readable)form, and (5) to sublicense to others the right to use the distributedSoftware. If you violate any of the terms or restrictions of this Agreement,LMI may immediately terminate this Agreement, and require that you stop usingand delete all copies of the Software in your possession or control.2. COPYRIGHT. The Software is licensed to you, not sold. LMI owns theSoftware, and United States copyright laws and international treaty provisionsprotect the Software. Therefore, you must treat the Software like any othercopyrighted material (e.g. a book or musical recording). You may not use orcopy the Software for any other purpose than what is described in thisAgreement. Except as expressly provided herein, LMI does not grant to you anyexpress or implied rights under any LMI or third-party patents, copyrights,trademarks, or trade secrets. Additionally, you must reproduce and apply anycopyright or other proprietary rights notices included on or embedded in theSoftware 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 newreleases of the Software. If you wish, you may contact LMI and report problemsand provide suggestions regarding the Software. LMI has no obligationwhatsoever to respond in any way to such a problem report or suggestion. LMImay make changes to the Software at any time, without any obligation to notifyor provide updated versions of the Software to you.4. INDEMNITY. You agree to fully defend and indemnify LMI from any andall claims, liabilities, and costs (including reasonable attorney's fees)related to (1) your use (including your sub-licensee's use, if permitted) ofthe Software or (2) your violation of the terms and conditions of thisAgreement.5. HIGH RISK ACTIVITIES. You acknowledge that the Software is not faulttolerant and is not designed, manufactured or intended by LMI for incorporationinto products intended for use or resale in on-line control equipment inhazardous, dangerous to life or potentially life-threatening environmentsrequiring fail-safe performance, such as in the operation of nuclearfacilities, aircraft navigation or communication systems, air traffic control,direct life support machines or weapons systems, in which the failure ofproducts could lead directly to death, personal injury or severe physical orenvironmental damage ("High Risk Activities"). You specifically represent andwarrant that you will not use the Software or any derivative work of theSoftware 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 Softwarein accordance with all applicable U.S. laws, regulations and statutes. Youagree that neither you nor your licensees (if any) intend to or will, directlyor indirectly, export or transmit the Software to any country in violation ofU.S. export restrictions.8. GOVERNMENT USE. Use of the Software and any correspondingdocumentation, if any, is provided with RESTRICTED RIGHTS. Use, duplication ordisclosure by the Government is subject to restrictions as set forth insubparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Softwareclause at DFARS 252.227-7013 or subparagraphs (c)(l) and (2) of the CommercialComputer 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, LMIEXPRESSLY 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 APARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISINGOUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, OR ANY SYSTEMS YOU DESIGN USINGTHE SOFTWARE (IF ANY). NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS AWARRANTY OR REPRESENTATION BY LMI THAT THE SOFTWARE OR ANY DERIVATIVE WORKDEVELOPED WITH OR INCORPORATING THE SOFTWARE WILL BE FREE FROM INFRINGEMENT OFTHE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.10. LIMITATION OF LIABILITY. IN NO EVENT WILL LMI BE LIABLE, WHETHER INCONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT,CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FORANY 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 andlaws of the United States and the State of Texas, USA, without regard toconflicts of laws principles, will apply to all matters relating to thisAgreement or the Software, and you agree that any litigation will be subject tothe exclusive jurisdiction of the state or federal courts in Austin, TravisCounty, Texas, USA. You agree that regardless of any statute or law to thecontrary, any claim or cause of action arising out of or related to thisAgreement or the Software must be filed within one (1) year after such claim orcause of action arose or be forever barred. YOU EXPRESSLY AGREE THAT YOU WAIVEYOUR INDIVIDUAL RIGHT TO A TRIAL BY JURY IN ANY COURT OF COMPETENT JURISDICTIONFOR ANY ACTION, DISPUTE, CLAIM, OR CONTROVERSY CONCERNING THIS AGREEMENT OR FORANY ACTION, DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO ANYINTERPRETATION, CONSTRUCTION, PERFORMANCE OR BREACH OF THIS AGREEMENT.12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreementbetween you and LMI regarding the subject matter of this Agreement, andsupersedes all prior communications, negotiations, understandings, agreementsor representations, either written or oral, if any. This Agreement may only beamended in written form, executed by you and LMI.13. SEVERABILITY. If any provision of this Agreement is held for anyreason to be invalid or unenforceable, then the remaining provisions of thisAgreement will be unimpaired and, unless a modification or replacement of theinvalid or unenforceable provision is further held to deprive you or LMI of amaterial benefit, in which case the Agreement will immediately terminate, theinvalid or unenforceable provision will be replaced with a provision that isvalid and enforceable and that comes closest to the intention underlying theinvalid or unenforceable provision.14. NO WAIVER. The waiver by LMI of any breach of any provision of thisAgreement will not operate or be construed as a waiver of any other or asubsequent breach of the same or a different provision.
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