1 IMPORTANT. Read the following LMI Software License Agreement ("Agreement")
4 LUMINARY MICRO SOFTWARE LICENSE AGREEMENT
6 This is a legal agreement between you (either as an individual or as an
7 authorized representative of your employer) and Luminary Micro, Inc. ("LMI").
8 It concerns your rights to use this file and any accompanying written materials
9 (the "Software"). In consideration for LMI allowing you to access the
10 Software, you are agreeing to be bound by the terms of this Agreement. If you
11 do not agree to all of the terms of this Agreement, do not download or use the
12 Software. If you change your mind later, stop using the Software and delete
13 all copies of the Software in your possession or control. Any copies of the
14 Software that you have already distributed, where permitted, and do not destroy
15 will continue to be governed by this Agreement. Your prior use will also
16 continue to be governed by this Agreement.
18 1. LICENSE GRANT. LMI grants to you, free of charge, the non-exclusive,
19 non-transferable right (1) to use the Software, (2) to reproduce the Software,
20 (3) to prepare derivative works of the Software, (4) to distribute the Software
21 and derivative works thereof in source (human-readable) form and object
22 (machine-readable) form, and (5) to sublicense to others the right to use the
23 distributed Software. If you violate any of the terms or restrictions of this
24 Agreement, LMI may immediately terminate this Agreement, and require that you
25 stop using and delete all copies of the Software in your possession or control.
27 2. COPYRIGHT. The Software is licensed to you, not sold. LMI owns the
28 Software, and United States copyright laws and international treaty provisions
29 protect the Software. Therefore, you must treat the Software like any other
30 copyrighted material (e.g. a book or musical recording). You may not use or
31 copy the Software for any other purpose than what is described in this
32 Agreement. Except as expressly provided herein, LMI does not grant to you any
33 express or implied rights under any LMI or third-party patents, copyrights,
34 trademarks, or trade secrets. Additionally, you must reproduce and apply any
35 copyright or other proprietary rights notices included on or embedded in the
36 Software to any copies or derivative works made thereof, in whole or in part,
39 3. SUPPORT. LMI is NOT obligated to provide any support, upgrades or new
40 releases of the Software. If you wish, you may contact LMI and report problems
41 and provide suggestions regarding the Software. LMI has no obligation
42 whatsoever to respond in any way to such a problem report or suggestion. LMI
43 may make changes to the Software at any time, without any obligation to notify
44 or provide updated versions of the Software to you.
46 4. INDEMNITY. You agree to fully defend and indemnify LMI from any and
47 all claims, liabilities, and costs (including reasonable attorney's fees)
48 related to (1) your use (including your sub-licensee's use, if permitted) of
49 the Software or (2) your violation of the terms and conditions of this
52 5. HIGH RISK ACTIVITIES. You acknowledge that the Software is not fault
53 tolerant and is not designed, manufactured or intended by LMI for incorporation
54 into products intended for use or resale in on-line control equipment in
55 hazardous, dangerous to life or potentially life-threatening environments
56 requiring fail-safe performance, such as in the operation of nuclear
57 facilities, aircraft navigation or communication systems, air traffic control,
58 direct life support machines or weapons systems, in which the failure of
59 products could lead directly to death, personal injury or severe physical or
60 environmental damage ("High Risk Activities"). You specifically represent and
61 warrant that you will not use the Software or any derivative work of the
62 Software for High Risk Activities.
64 6. PRODUCT LABELING. You are not authorized to use any LMI trademarks,
65 brand names, or logos.
67 7. COMPLIANCE WITH LAWS; EXPORT RESTRICTIONS. You must use the Software
68 in accordance with all applicable U.S. laws, regulations and statutes. You
69 agree that neither you nor your licensees (if any) intend to or will, directly
70 or indirectly, export or transmit the Software to any country in violation of
71 U.S. export restrictions.
73 8. GOVERNMENT USE. Use of the Software and any corresponding
74 documentation, if any, is provided with RESTRICTED RIGHTS. Use, duplication or
75 disclosure by the Government is subject to restrictions as set forth in
76 subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software
77 clause at DFARS 252.227-7013 or subparagraphs (c)(l) and (2) of the Commercial
78 Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable.
79 Manufacturer is Luminary Micro, Inc., 2499 S. Capital of Texas Hwy Ste A-100,
82 9. DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LMI
83 EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED
84 "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
85 WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
86 PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING
87 OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, OR ANY SYSTEMS YOU DESIGN USING
88 THE SOFTWARE (IF ANY). NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS A
89 WARRANTY OR REPRESENTATION BY LMI THAT THE SOFTWARE OR ANY DERIVATIVE WORK
90 DEVELOPED WITH OR INCORPORATING THE SOFTWARE WILL BE FREE FROM INFRINGEMENT OF
91 THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
93 10. LIMITATION OF LIABILITY. IN NO EVENT WILL LMI BE LIABLE, WHETHER IN
94 CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT,
95 CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
96 ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS,
97 SAVINGS, OR REVENUES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
99 11. CHOICE OF LAW; VENUE; LIMITATIONS. You agree that the statutes and
100 laws of the United States and the State of Texas, USA, without regard to
101 conflicts of laws principles, will apply to all matters relating to this
102 Agreement or the Software, and you agree that any litigation will be subject to
103 the exclusive jurisdiction of the state or federal courts in Austin, Travis
104 County, Texas, USA. You agree that regardless of any statute or law to the
105 contrary, any claim or cause of action arising out of or related to this
106 Agreement or the Software must be filed within one (1) year after such claim or
107 cause of action arose or be forever barred.
109 12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
110 between you and LMI regarding the subject matter of this Agreement, and
111 supersedes all prior communications, negotiations, understandings, agreements
112 or representations, either written or oral, if any. This Agreement may only be
113 amended in written form, executed by you and LMI.
115 13. SEVERABILITY. If any provision of this Agreement is held for any
116 reason to be invalid or unenforceable, then the remaining provisions of this
117 Agreement will be unimpaired and, unless a modification or replacement of the
118 invalid or unenforceable provision is further held to deprive you or LMI of a
119 material benefit, in which case the Agreement will immediately terminate, the
120 invalid or unenforceable provision will be replaced with a provision that is
121 valid and enforceable and that comes closest to the intention underlying the
122 invalid or unenforceable provision.
124 14. NO WAIVER. The waiver by LMI of any breach of any provision of this
125 Agreement will not operate or be construed as a waiver of any other or a
126 subsequent breach of the same or a different provision.
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