EVALSPEAr320HMI
License agreements
Doc ID 18410 Rev 3
You will inform all Your employees who are given access to the source code of the Licensed Software of the foregoing
requirements, and You will take all reasonable precautions to ensure and monitor their compliance with such requirements.
You agree to promptly notify ST in the event of a violation of any of the foregoing, and to cooperate with ST to take any
remedial action appropriate to address the violation. You shall keep accurate records with respect to its use of the source
code of the Licensed Software. In the event ST demonstrates to You a reasonable belief that the source code of the
Licensed Software has been used or distributed in violation of this Agreement, ST may by written notification request
certification as to whether such unauthorized use or distribution has occurred. You shall reasonably cooperate and assist
ST in its determination of whether there has been unauthorized use or distribution of the source code of the Licensed
Software and will take appropriate steps to remedy any unauthorized use or distribution.
You agree that ST shall have the right (where ST reasonably suspects that the terms and conditions of this Agreement with
reference to Restriction clause have not been complied with) upon reasonable notice to enter Your official premises in order
to verify your compliance with this Restriction clause.
NO WARRANTY
The Licensed Software is provided "as is" and "with all faults" without warranty of any kind expressed or implied. ST and its
licensors expressly disclaim all warranties, expressed, implied or otherwise, including without limitation, warranties of
merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. ST does not warrant that
the use in whole or in part of the Licensed Software will be interrupted or error free, will meet your requirements, or will
operate with the combination of hardware and software selected by You.
You are responsible for determining whether the Licensed Software will be suitable for your intended use or application or
will achieve your intended results. ST has not authorized anyone to make any representation or warranty for the Licensed
Software, and any technical, applications or design information or advice, quality characterization, reliability data or other
services provided by ST shall not constitute any representation or warranty by ST or alter this disclaimer or warranty, and
in no additional obligations or liabilities shall arise from ST's providing such information or services. ST does not assume or
authorize any other person to assume for it any other liability in connection with its Licensed Software.
Nothing contained in this Agreement will be construed as:
(i) a warranty or representation by ST to maintain production of any ST device or other hardware or software with which the
Licensed Software may be used or to otherwise maintain or support the Licensed Software in any manner; and
(ii) a commitment from ST and/or its licensors to bring or prosecute actions or suits against
third parties for infringement of any of the rights licensed hereby, or conferring any rights to bring or prosecute actions or
suits against third parties for infringement. However, ST has the right to terminate this Agreement immediately upon
receiving notice of any claim, suit or proceeding that alleges that the Licensed Software or your use or distribution of the
Licensed
Software infringes any third party intellectual property rights.
All other warranties, conditions or other terms implied by law are excluded to the fullest extent permitted by law.
LIMITATION OF LIABILITIES
In no event ST or its licensors shall be liable to You or any third party for any indirect, special, consequential, incidental,
punitive damages or other damages (including but not limited to, the cost of labour, re-qualification, delay, loss of profits,
loss of revenues, loss of data, costs of procurement of substitute goods or services or the like) whether based on contract,
tort, or any other legal theory, relating to or in connection with the Licensed Software, the documentation or this Agreement,
even if ST has been advised of the possibility of such damages.
In no event shall ST's liability to You or any third party under this Agreement, including any claim with respect of any third
party intellectual property rights, for any cause of action exceed
100 US$. This section does not apply to the extent prohibited by law. For the purposes of this section, any liability of ST shall
be treated in the aggregate.
TERMINATION
ST may terminate this license at any time if You are in breach of any of its terms and conditions. Upon termination, You will
immediately destroy or return all copies of the software and documentation to ST.
APPLICABLE LAW AND JURISDICTION
In case of dispute and in the absence of an amicable settlement, the only competent jurisdiction shall be the Courts of
Geneva, Switzerland. The applicable law shall be the law of Switzerland.
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