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Revision 1.1 - (show annotations) (download)
Fri Sep 19 06:52:40 2008 UTC (6 years, 1 month ago) by josejx
Branch: MAIN
CVS Tags: HEAD
Added license for pk2cmd.

1 IMPORTANT:
2 YOU MUST ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
3 TO RECEIVE A LICENSE FOR THE ACCOMPANYING SOFTWARE. TO ACCEPT THE
4 TERMS OF THIS LICENSE, OPEN THIS PACKAGE AND PROCEED WITH THE
5 DOWNLOAD OR USE OF THE SOFTWARE. IF YOU DO NOT ACCEPT THESE LICENSE
6 TERMS, DO NOT OPEN THIS PACKAGE, DOWNLOAD, OR USE THIS SOFTWARE.
7
8 PICkit(tm) 2 PK2CMD SOFTWARE LICENSE
9
10 This License Agreement (Agreement) is a contract between You (as
11 an individual or as a representative of your employer) and
12 Microchip Technology Incorporated ("Company") for the PICkit(tm) 2
13 PK2CMD software (including source code) accompanying this Agreement
14 (the "Software"). In consideration for access to the Software, You
15 agree to be bound by this Agreement.
16
17 1. LICENSE GRANT. Subject to all of the terms and conditions of
18 this Agreement, Company grants You a non-exclusive, non-
19 sublicensable, non-transferable license to use the Software with
20 Company products, modify the Software for use with Company products,
21 and market, sell or otherwise distribute:
22
23 (a) Your end application that integrates Software and Company
24 products ("Licensee Product"); or
25
26 (b) Your modifications to the Software provided that the modified
27 Software has the following copyright and disclaimer notice
28 prominently posted in a location where end users will see it
29 (e.g., installation program, program headers, About Box, etc.):
30
31 "Copyright (c) 2005-2008 Microchip Technology Inc. All rights
32 reserved. This version of the PICkit(tm) 2 PK2CMD Software has been
33 modified by [INSERT YOUR NAME, DATE OF SOFTWARE MODIFICATION HERE].
34 You may use, copy, modify and distribute the Software for use with
35 Microchip products only. If you distribute the Software or its
36 derivatives, the Software must have this copyright and disclaimer
37 notice prominently posted in a location where end users will see it
38 (e.g., installation program, program headers, About Box, etc.). To
39 the maximum extent permitted by law, this Software is distributed
40 "AS IS" and WITHOUT ANY WARRANTY INCLUDING BUT NOT LIMITED TO ANY
41 IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE,
42 or NON-INFRINGEMENT. IN NO EVENT WILL MICROCHIP OR ITS LICENSORS BE
43 LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
44 DAMAGESOF ANY KIND ARISING FROM OR RELATED TO THE USE, MODIFICATION
45 OR DISTRIBUTION OF THIS SOFTWARE OR ITS DERIVATIVES."
46
47 You may not copy or reproduce all or any portion of Software, except
48 to the extent that such activity is specifically allowed by this
49 Agreement or expressly permitted by applicable law notwithstanding
50 the foregoing limitations.
51
52 All copies of the Software created by You or for You, including
53 derivatives, must include the copyright, trademark and other
54 proprietary notices as they appear on the original or, in the event
55 You modified the Software, the notice listed above. You may not
56 remove or alter any identifying screen that is produced by the
57 Software.
58
59 2. OWNERSHIP AND TITLE. Software is licensed pursuant to the
60 Agreement, not sold. All right, title and interest, including
61 intellectual property rights, in and to Software, derivatives
62 thereof, implementation of the Software in microcontrollers,
63 and hardware and software implementations of Software or
64 derivatives shall remain in Company. You will not obtain
65 ownership rights to derivatives of Software, and by accepting
66 the terms of this Agreement assign any such rights to Company
67 that You do receive. Except as specifically stated in the
68 Agreement, you are granted no other rights, express or implied,
69 to the Software, derivatives thereof, or other Company
70 intellectual property such as trade secrets, patents,
71 copyrights, and trademarks.
72
73 3. CONFIDENTIALITY. You agree not to disclose Software to any
74 third party, except as permitted by this Agreement. To the
75 extent that Software becomes part of the public domain, is
76 independently developed, or obtained free from any obligation
77 of confidentiality then the obligation of confidentiality
78 under this Agreement shall not apply.
79
80 4. COPYRIGHT. The Software is protected by U.S. copyright laws
81 and international copyright treaties, as well as other
82 intellectual property laws and treaties.
83
84 5. TERMINATION OF AGREEMENT. Without prejudice to any other
85 rights, Company may terminate this Agreement if You fail to
86 comply with the terms and conditions of this Agreement.
87 Upon termination, You shall immediately: (a) stop using and
88 distributing the Software and derivatives thereof; (b) destroy
89 all copies of the Software and derivatives in your possession;
90 and (c) remove Software from any of Your tangible media and
91 from systems on which the Software exists. Termination of
92 this License shall not affect the right of any end user or
93 consumer to use Licensee Product or modified Software;
94 provided that such product or modified Software was purchased
95 or distributed prior to the termination of this License.
96
97 6. DANGEROUS APPLICATIONS. You acknowledge that Software has not
98 been designed to be fault tolerant. You warrant that You will
99 not use Software or derivatives in a dangerous, hazardous, or
100 life supporting application where the failure of such
101 application could lead directly to death, personal injury, or
102 environmental damage.
103
104 7. INDEMNITY. You will indemnify and hold Company and its
105 licensor(s), its related companies and its suppliers, harmless
106 for, from and against, any claims, costs (including attorney's
107 fees), damages or liabilities, including without limitation
108 product liability claims, arising out of: (a) Your use,
109 modification and distribution of the Software and its
110 derivatives; or (b) violation of this Agreement. COMPANY AND
111 ITS LICENSOR(S) ASSUME NO RESPONSIBILITY FOR, NOR INDEMNIFY
112 YOU AGAINST, ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL
113 PROPERTY CLAIMS BROUGHT AGAINST YOU RELATING TO THE SOFTWARE.
114
115 8. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY
116 AND ITS LICENSOR PROVIDE SOFTWARE "AS IS" AND EXPRESSLY
117 DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
118 INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
119 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
120 NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF
121 USE OR PERFORMANCE OF SOFTWARE, AS WELL AS ANY DERIVATIVES OF
122 THE SOFTWARE MADE FOR YOU OR ON YOUR BEHALF. COMPANY AND ITS
123 LICENSOR(S) ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR
124 ERRORS OR OMISSIONS OF SOFTWARE AND DO NOT WARRANT THE
125 FOLLOWING: (A) THE FUNCTIONS CONTAINED IN SOFTWARE WILL MEET
126 YOUR REQUIREMENTS; (B) THE OPERATION OF SOFTWARE WILL BE
127 UNINTERRUPTED OR ERROR-FREE; OR (C) ANY DEFECTS IN SOFTWARE
128 WILL BE CORRECTED.
129
130 9. LIMITATION OF LIABILITY. COMPANY AND ITS LICENSOR TOTAL
131 AGGREGATE LIABILITY IN CONTRACT, WARRANTY, TORT (INCLUDING
132 NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY,
133 INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE
134 LICENSE FEE YOU PAID FOR THE SOFTWARE. IN NO EVENT SHALL
135 COMPANY AND ITS LICENSOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
136 INDIRECT OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA,
137 HARM TO YOUR EQUIPMENT, COST OF PROCUREMENT OF SUBSTITUTE
138 GOODS, TECHNOLOGY OR SERVICES, ANY CLAIMS BY THIRD PARTIES
139 (INCLUDING BUT NOT LIMITED TO ANY DEFENSE THEREOF), ANY CLAIMS
140 FOR INDEMNITY OR CONTRIBUTION, OR OTHER SIMILAR COSTS. If any
141 remedy is determined to have failed of its essential purpose,
142 all limitations of liability and exclusion of damages set forth
143 in the limited warranty shall remain in effect.
144
145 10. SURVIVAL. Sections 2-15 shall survive termination of this
146 Agreement.
147
148 11. CHOICE OF LAW; VENUE; LIMITATIONS ON CLAIMS. You agree that
149 this Agreement and any conflicts regarding Software, shall be
150 construed, interpreted and governed by the laws, and subject
151 to the exclusive jurisdiction of the state or territory in the
152 Company Terms and Conditions of Sale ("T&Cs"). In the event
153 that the T&Cs do not apply or the choice of law or
154 jurisdiction are not indicated therein, then this Agreement
155 shall be construed, interpreted and governed by the laws, and
156 subject to the exclusive jurisdiction of the State of Arizona,
157 U.S.A. without regard to any conflict of laws principles. You
158 agree that regardless of any law to the contrary, any cause of
159 action related to or arising out of this Agreement or Software
160 must be filed within one year after such cause of action
161 arose, or be considered waived.
162
163 12. EXPORT COMPLIANCE. You will not export or re-export Software,
164 technical data, direct products thereof or any other items
165 which would violate any applicable export control laws and
166 regulations including, but not limited to, those of the United
167 States and the United Kingdom. You agree that it is Your
168 responsibility to obtain copies of and to familiarize yourself
169 fully with these laws and regulations to avoid violation.
170
171 13. ASSIGNMENT. Neither this agreement nor any rights, licenses
172 or obligations hereunder, may be assigned by You without the
173 Company's prior written approval.
174
175 14. ENTIRE AGREEMENT: MODIFICATIONS AND WAIVER. This Agreement
176 constitutes the entire agreement of the parties with respect
177 to the subject matter of this Agreement, and merges and
178 supersedes all communications relating to this subject matter,
179 whether written or oral. Except as expressly set forth in this
180 Agreement, no modification of this Agreement will be effective
181 unless made in writing signed by Company. No failure or delay
182 by Company or its licensor(s) to assert any rights or remedies
183 arising from a breach of this Agreement shall be construed as a
184 waiver or a continuing waiver of such rights and remedies, nor
185 shall failure or delay to assert a breach be deemed to waive that
186 or any other breach. If any part of this Agreement is found by a
187 court of competent jurisdiction to be invalid, unlawful or
188 unenforceable then such part shall be severed from the remainder
189 of this Agreement and replaced with a valid provision that comes
190 closest to the intention underlying the invalid provision.
191
192 Copyright (c) 2005-2008, Microchip Technology Inc. All rights
193 reserved.

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