eula.txt

Luminary Micro BLDC motor control software

IMPORTANT. Read the following Luminary Micro End User License Agreement
("EULA") completely.

In summary, this license agreement allows you to use these Product materials
only with Luminary Micro microcontrollers, on an as-is basis, with no
warranties.

LUMINARY MICRO END USER 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. (Luminary
Micro). It concerns your rights to access and use the accompanying Product
materials, which may include Software, Hardware, Reference Designs, and other
written materials. In consideration for Luminary Micro allowing you to use and
access the Product materials, you are agreeing to be bound by the terms of this
EULA. If you do not agree to all of the terms of this EULA, do not use the
Product materials. If you change your mind later, stop using the Product
materials and delete and or destroy all copies of the Product materials in your
possession or control. Any copies of the Product materials that you have
already distributed, where permitted, and do not destroy will continue to be
governed by this EULA. Your prior use will also continue to be governed by this
EULA.

1. LICENSE GRANT. Luminary Micro grants to you, free of charge, the
non-exclusive, non-transferable rights solely and exclusively on or for
Luminary Micro's microcontroller products: (1) to use the Product materials,
(2) to reproduce the Software and or Reference Designs, (3) to prepare
derivative works of the Software and or Reference Designs, (4) to distribute
the Software and or Reference Designs and derivative works thereof in source
(human-readable) form and object (machine–readable) form, (5) to sublicense to
others the right to use the distributed Software and or Reference Designs, (6)
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
(7) 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 "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 EULA, Luminary Micro may
immediately terminate this EULA, and require that you stop using and delete all
copies of the Product material in your possession or control.

2. COPYRIGHT. The Product materials are licensed to you, not sold. Luminary
Micro owns the Product materials, and United States copyright laws and
international treaty provisions protect the Product materials. Therefore, you
must treat the Product materials like any other copyrighted material (e.g. a
book or musical recording). You may not use or copy the Product materials for
any other purpose than what is described in this EULA. Except as expressly
provided herein, Luminary Micro does not grant to you any express or implied
rights under any Luminary Micro 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 and or
the Reference Designs to any copies or derivative works made thereof, in whole
or in part, if any.

3. SUPPORT. Luminary Micro is NOT obligated to provide any support, upgrades or
new releases of the Product materials. If you wish, you may contact Luminary
Micro and report problems and provide suggestions regarding the Product
materials. Luminary Micro has no obligation whatsoever to respond in any way to
such a problem report or suggestion. Luminary Micro may make changes to the
Product materials at any time, without any obligation to notify or provide
updated versions of the Product materials to you.

4. INDEMNITY. You agree to fully defend and indemnify Luminary Micro 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 Product materials or (2) your violation of the terms and conditions of this
EULA.

5. HIGH RISK ACTIVITIES. You acknowledge that the Product materials is not
fault tolerant and is not designed, manufactured or intended by Luminary Micro
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 Product materials or any derivative work of
the Product materials for High Risk Activities.

6. PRODUCT LABELING. You are not authorized to use any Luminary Micro
trademarks, brand names, or logos.

7. COMPLIANCE WITH LAWS; EXPORT RESTRICTIONS. You must use the Product
materials 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 Product materials to any
country in violation of U.S. export restrictions.

8. GOVERNMENT USE. Use of the Product materials 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, LUMINARY
MICRO EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PRODUCT MATERIALS. THE PRODUCT
MATERIALS ARE 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 PRODUCT
MATERIALS, OR ANY SYSTEMS YOU DESIGN USING THE PRODUCT MATERIALS (IF ANY).
NOTHING IN THIS EULA MAY BE CONSTRUED AS A WARRANTY OR REPRESENTATION BY
LUMINARY MICRO THAT THE PRODUCT MATERIALS OR ANY DERIVATIVE WORK DEVELOPED WITH
OR INCORPORATING THE PRODUCT MATERIALS WILL BE FREE FROM INFRINGEMENT OF THE
INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.

10. LIMITATION OF LIABILITY. IN NO EVENT WILL LUMINARY MICRO 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 EULA or the Product
materials, 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 EULA or the Product
materials 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 EULA OR FOR ANY ACTION, DISPUTE,
CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO ANY INTERPRETATION,
CONSTRUCTION, PERFORMANCE OR BREACH OF THIS EULA.

12. ENTIRE AGREEMENT. This EULA constitutes the entire agreement between you
and Luminary Micro regarding the subject matter of this EULA, and supersedes
all prior communications, negotiations, understandings, agreements or
representations, either written or oral, if any. This EULA may only be amended
in written form, executed by you and Luminary Micro.

13. SEVERABILITY. If any provision of this EULA is held for any reason to be
invalid or unenforceable, then the remaining provisions of this EULA will be
unimpaired and, unless a modification or replacement of the invalid or
unenforceable provision is further held to deprive you or Luminary Micro of a
material benefit, in which case the EULA 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 Luminary Micro of any breach of any provision of
this EULA will not operate or be construed as a waiver of any other or a
subsequent breach of the same or a different provision.