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127 lines
7.7 KiB
Plaintext
127 lines
7.7 KiB
Plaintext
IMPORTANT. Read the following LMI Software License Agreement ("Agreement")
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completely.
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LUMINARY MICRO SOFTWARE LICENSE AGREEMENT
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This is a legal agreement between you (either as an individual or as an
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authorized representative of your employer) and Luminary Micro, Inc. ("LMI").
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It concerns your rights to use this file and any accompanying written materials
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(the "Software"). In consideration for LMI allowing you to access the
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Software, you are agreeing to be bound by the terms of this Agreement. If you
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do not agree to all of the terms of this Agreement, do not download or use the
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Software. If you change your mind later, stop using the Software and delete
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all copies of the Software in your possession or control. Any copies of the
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Software that you have already distributed, where permitted, and do not destroy
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will continue to be governed by this Agreement. Your prior use will also
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continue to be governed by this Agreement.
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1. LICENSE GRANT. LMI grants to you, free of charge, the non-exclusive,
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non-transferable right (1) to use the Software, (2) to reproduce the Software,
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(3) to prepare derivative works of the Software, (4) to distribute the Software
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and derivative works thereof in source (human-readable) form and object
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(machine-readable) form, and (5) to sublicense to others the right to use the
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distributed Software. If you violate any of the terms or restrictions of this
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Agreement, LMI may immediately terminate this Agreement, and require that you
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stop using and delete all copies of the Software in your possession or control.
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2. COPYRIGHT. The Software is licensed to you, not sold. LMI owns the
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Software, and United States copyright laws and international treaty provisions
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protect the Software. Therefore, you must treat the Software like any other
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copyrighted material (e.g. a book or musical recording). You may not use or
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copy the Software for any other purpose than what is described in this
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Agreement. Except as expressly provided herein, LMI does not grant to you any
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express or implied rights under any LMI or third-party patents, copyrights,
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trademarks, or trade secrets. Additionally, you must reproduce and apply any
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copyright or other proprietary rights notices included on or embedded in the
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Software to any copies or derivative works made thereof, in whole or in part,
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if any.
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3. SUPPORT. LMI is NOT obligated to provide any support, upgrades or new
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releases of the Software. If you wish, you may contact LMI and report problems
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and provide suggestions regarding the Software. LMI has no obligation
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whatsoever to respond in any way to such a problem report or suggestion. LMI
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may make changes to the Software at any time, without any obligation to notify
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or provide updated versions of the Software to you.
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4. INDEMNITY. You agree to fully defend and indemnify LMI from any and
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all claims, liabilities, and costs (including reasonable attorney's fees)
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related to (1) your use (including your sub-licensee's use, if permitted) of
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the Software or (2) your violation of the terms and conditions of this
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Agreement.
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5. HIGH RISK ACTIVITIES. You acknowledge that the Software is not fault
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tolerant and is not designed, manufactured or intended by LMI for incorporation
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into products intended for use or resale in on-line control equipment in
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hazardous, dangerous to life or potentially life-threatening environments
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requiring fail-safe performance, such as in the operation of nuclear
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facilities, aircraft navigation or communication systems, air traffic control,
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direct life support machines or weapons systems, in which the failure of
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products could lead directly to death, personal injury or severe physical or
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environmental damage ("High Risk Activities"). You specifically represent and
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warrant that you will not use the Software or any derivative work of the
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Software for High Risk Activities.
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6. PRODUCT LABELING. You are not authorized to use any LMI trademarks,
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brand names, or logos.
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7. COMPLIANCE WITH LAWS; EXPORT RESTRICTIONS. You must use the Software
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in accordance with all applicable U.S. laws, regulations and statutes. You
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agree that neither you nor your licensees (if any) intend to or will, directly
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or indirectly, export or transmit the Software to any country in violation of
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U.S. export restrictions.
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8. GOVERNMENT USE. Use of the Software and any corresponding
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documentation, if any, is provided with RESTRICTED RIGHTS. Use, duplication or
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disclosure by the Government is subject to restrictions as set forth in
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subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software
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clause at DFARS 252.227-7013 or subparagraphs (c)(l) and (2) of the Commercial
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Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable.
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Manufacturer is Luminary Micro, Inc., 2499 S. Capital of Texas Hwy Ste A-100,
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Austin, Texas 78746.
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9. DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LMI
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EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED
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"AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
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WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING
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OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, OR ANY SYSTEMS YOU DESIGN USING
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THE SOFTWARE (IF ANY). NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS A
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WARRANTY OR REPRESENTATION BY LMI THAT THE SOFTWARE OR ANY DERIVATIVE WORK
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DEVELOPED WITH OR INCORPORATING THE SOFTWARE WILL BE FREE FROM INFRINGEMENT OF
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THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
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10. LIMITATION OF LIABILITY. IN NO EVENT WILL LMI BE LIABLE, WHETHER IN
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CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT,
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CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
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ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS,
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SAVINGS, OR REVENUES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
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11. CHOICE OF LAW; VENUE; LIMITATIONS. You agree that the statutes and
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laws of the United States and the State of Texas, USA, without regard to
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conflicts of laws principles, will apply to all matters relating to this
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Agreement or the Software, and you agree that any litigation will be subject to
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the exclusive jurisdiction of the state or federal courts in Austin, Travis
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County, Texas, USA. You agree that regardless of any statute or law to the
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contrary, any claim or cause of action arising out of or related to this
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Agreement or the Software must be filed within one (1) year after such claim or
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cause of action arose or be forever barred.
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12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
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between you and LMI regarding the subject matter of this Agreement, and
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supersedes all prior communications, negotiations, understandings, agreements
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or representations, either written or oral, if any. This Agreement may only be
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amended in written form, executed by you and LMI.
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13. SEVERABILITY. If any provision of this Agreement is held for any
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reason to be invalid or unenforceable, then the remaining provisions of this
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Agreement will be unimpaired and, unless a modification or replacement of the
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invalid or unenforceable provision is further held to deprive you or LMI of a
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material benefit, in which case the Agreement will immediately terminate, the
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invalid or unenforceable provision will be replaced with a provision that is
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valid and enforceable and that comes closest to the intention underlying the
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invalid or unenforceable provision.
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14. NO WAIVER. The waiver by LMI of any breach of any provision of this
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Agreement will not operate or be construed as a waiver of any other or a
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subsequent breach of the same or a different provision.
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