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Term and Termination
: This license is effective until terminated.
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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.
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.
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 LOST OPPORTUNITY, 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.
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.
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.
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. Unpublished rights are reserved under the Copyright Laws of the United States.
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.
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