15
L I C E N S E A G R E E M E N T
4.
Ownership
: You agree that the Program and Documentation belong to Licensor. You agree that you
neither own nor hereby acquire any claim or right of ownership to the Program and Documentation or
to any related patents, copyrights, trademarks or other intellectual property. Licensor retains all right,
title and interest in and to the Documentation and all copies and the Program at all times, regardless
of the form or media in or on which the original or other copies may subsequently exist. This license
is not a sale of the original or any subsequent copy.
5.
Term and Termination
: This license is effective until terminated.
6.
DISCLAIMER OF WARRANTY
: LICENSOR PROVIDES THE PROGRAM, THE PROPRIETARY IC
AND THE DOCUMENTATION
“AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. All risk of quality and
performance of the Program, the device into which it is incorporated and the Documentation is with the
Licensee. Should any of the foregoing prove defective, you and not Licensor assume the entire cost of
any service and repair. This disclaimer of warranty constitutes an essential part of this agreement.
7.
LIMITATION OF REMEDIES
: IN NO EVENT WILL BE LIABLE FOR ANY INDIRECT DAMAGES OR
OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM, THE
DEVICE INTO WHICH IT IS INCORPORATED OR THE DOCUMENTATION, INCLUDING, BY WAY
OF ILLUSTRATION
AND NOT
LIMITATION,
LOST
PROFITS,
LOST
BUSINESS
OR
LOSTOPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY
TO USE THE PROGRAM, EVEN IF LICENSOR OR AN AUTHORIZED LICENSOR DEALER,
DISTRIBUTOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY OTHER PARTY.
8.
Applicable Law; Dispute Resolution
: This license will be governed by the laws of the State of
California, without reference to conflicts of laws principles. The United Nations Convention on
Contracts for the Sale of Goods does not apply to this license. All disputes hereunder shall be settled
in the state or federal courts located in Orange County, California.
9.
Export Controls
: The Program and the underlying information and technology may not be
downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, North
Korea, Iran, Syria, Sudan or any other country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury
Department’s list of Specially Designated Nationals or the U.S.
Commerce
Department’s Table of Deny Orders. By downloading or using the Program, you are
agreeing to the foregoing and you represent and warrant that you are not located in, under the control
of, or a national or resident of any such country or on any such list.
10.
U.S. Government End Users
: Every sale, license, or other distribution of any Licensee Product to
a customer which is a department, division, or agency of the United States Government shall contain
the following provision, or a substantially equivalent provision: U.S. GOVERNMENT RESTRICTED
RIGHTS LEGEND. Use, duplication, or disclosure of this software by the Government is subject to the
conditions set forth in FAR 12.212 and DFARS 227.720 and/or in similar or successor clauses in the
FAR or Supplements to it. Any and all use, duplication, transfer for any reason is restricted in
accordance with the terms and conditions of the
Licensor’s standard commercial license agreement
which is incorporated herein as though fully set forth. All other use, for any reason, is prohibited.
11.
No Other Agreements
: This Agreement constitutes the entire agreement between the parties with
respect to the Program and the Documentation, and supersedes any other written or oral agreement.
