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authorV3n3RiX <venerix@redcorelinux.org>2017-10-09 18:53:29 +0100
committerV3n3RiX <venerix@redcorelinux.org>2017-10-09 18:53:29 +0100
commit4f2d7949f03e1c198bc888f2d05f421d35c57e21 (patch)
treeba5f07bf3f9d22d82e54a462313f5d244036c768 /licenses/MicroChip-PK2
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+IMPORTANT:
+YOU MUST ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
+TO RECEIVE A LICENSE FOR THE ACCOMPANYING SOFTWARE. TO ACCEPT THE
+TERMS OF THIS LICENSE, OPEN THIS PACKAGE AND PROCEED WITH THE
+DOWNLOAD OR USE OF THE SOFTWARE. IF YOU DO NOT ACCEPT THESE LICENSE
+TERMS, DO NOT OPEN THIS PACKAGE, DOWNLOAD, OR USE THIS SOFTWARE.
+
+PICkit(tm) 2 PK2CMD SOFTWARE LICENSE
+
+This License Agreement (Agreement) is a contract between You (as
+an individual or as a representative of your employer) and
+Microchip Technology Incorporated ("Company") for the PICkit(tm) 2
+PK2CMD software (including source code) accompanying this Agreement
+(the "Software"). In consideration for access to the Software, You
+agree to be bound by this Agreement.
+
+1. LICENSE GRANT. Subject to all of the terms and conditions of
+this Agreement, Company grants You a non-exclusive, non-
+sublicensable, non-transferable license to use the Software with
+Company products, modify the Software for use with Company products,
+and market, sell or otherwise distribute:
+
+(a) Your end application that integrates Software and Company
+ products ("Licensee Product"); or
+
+(b) Your modifications to the Software provided that the modified
+ Software has the following copyright and disclaimer notice
+ prominently posted in a location where end users will see it
+ (e.g., installation program, program headers, About Box, etc.):
+
+"Copyright (c) 2005-2008 Microchip Technology Inc. All rights
+reserved. This version of the PICkit(tm) 2 PK2CMD Software has been
+modified by [INSERT YOUR NAME, DATE OF SOFTWARE MODIFICATION HERE].
+You may use, copy, modify and distribute the Software for use with
+Microchip products only. If you distribute the Software or its
+derivatives, the Software must have this copyright and disclaimer
+notice prominently posted in a location where end users will see it
+(e.g., installation program, program headers, About Box, etc.). To
+the maximum extent permitted by law, this Software is distributed
+"AS IS" and WITHOUT ANY WARRANTY INCLUDING BUT NOT LIMITED TO ANY
+IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE,
+or NON-INFRINGEMENT. IN NO EVENT WILL MICROCHIP OR ITS LICENSORS BE
+LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
+DAMAGESOF ANY KIND ARISING FROM OR RELATED TO THE USE, MODIFICATION
+OR DISTRIBUTION OF THIS SOFTWARE OR ITS DERIVATIVES."
+
+You may not copy or reproduce all or any portion of Software, except
+to the extent that such activity is specifically allowed by this
+Agreement or expressly permitted by applicable law notwithstanding
+the foregoing limitations.
+
+All copies of the Software created by You or for You, including
+derivatives, must include the copyright, trademark and other
+proprietary notices as they appear on the original or, in the event
+You modified the Software, the notice listed above. You may not
+remove or alter any identifying screen that is produced by the
+Software.
+
+2. OWNERSHIP AND TITLE. Software is licensed pursuant to the
+ Agreement, not sold. All right, title and interest, including
+ intellectual property rights, in and to Software, derivatives
+ thereof, implementation of the Software in microcontrollers,
+ and hardware and software implementations of Software or
+ derivatives shall remain in Company. You will not obtain
+ ownership rights to derivatives of Software, and by accepting
+ the terms of this Agreement assign any such rights to Company
+ that You do receive. Except as specifically stated in the
+ Agreement, you are granted no other rights, express or implied,
+ to the Software, derivatives thereof, or other Company
+ intellectual property such as trade secrets, patents,
+ copyrights, and trademarks.
+
+3. CONFIDENTIALITY. You agree not to disclose Software to any
+ third party, except as permitted by this Agreement. To the
+ extent that Software becomes part of the public domain, is
+ independently developed, or obtained free from any obligation
+ of confidentiality then the obligation of confidentiality
+ under this Agreement shall not apply.
+
+4. COPYRIGHT. The Software is protected by U.S. copyright laws
+ and international copyright treaties, as well as other
+ intellectual property laws and treaties.
+
+5. TERMINATION OF AGREEMENT. Without prejudice to any other
+ rights, Company may terminate this Agreement if You fail to
+ comply with the terms and conditions of this Agreement.
+ Upon termination, You shall immediately: (a) stop using and
+ distributing the Software and derivatives thereof; (b) destroy
+ all copies of the Software and derivatives in your possession;
+ and (c) remove Software from any of Your tangible media and
+ from systems on which the Software exists. Termination of
+ this License shall not affect the right of any end user or
+ consumer to use Licensee Product or modified Software;
+ provided that such product or modified Software was purchased
+ or distributed prior to the termination of this License.
+
+6. DANGEROUS APPLICATIONS. You acknowledge that Software has not
+ been designed to be fault tolerant. You warrant that You will
+ not use Software or derivatives in a dangerous, hazardous, or
+ life supporting application where the failure of such
+ application could lead directly to death, personal injury, or
+ environmental damage.
+
+7. INDEMNITY. You will indemnify and hold Company and its
+ licensor(s), its related companies and its suppliers, harmless
+ for, from and against, any claims, costs (including attorney's
+ fees), damages or liabilities, including without limitation
+ product liability claims, arising out of: (a) Your use,
+ modification and distribution of the Software and its
+ derivatives; or (b) violation of this Agreement. COMPANY AND
+ ITS LICENSOR(S) ASSUME NO RESPONSIBILITY FOR, NOR INDEMNIFY
+ YOU AGAINST, ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL
+ PROPERTY CLAIMS BROUGHT AGAINST YOU RELATING TO THE SOFTWARE.
+
+8. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY
+ AND ITS LICENSOR PROVIDE SOFTWARE "AS IS" AND EXPRESSLY
+ DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
+ INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
+ MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
+ NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF
+ USE OR PERFORMANCE OF SOFTWARE, AS WELL AS ANY DERIVATIVES OF
+ THE SOFTWARE MADE FOR YOU OR ON YOUR BEHALF. COMPANY AND ITS
+ LICENSOR(S) ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR
+ ERRORS OR OMISSIONS OF SOFTWARE AND DO NOT WARRANT THE
+ FOLLOWING: (A) THE FUNCTIONS CONTAINED IN SOFTWARE WILL MEET
+ YOUR REQUIREMENTS; (B) THE OPERATION OF SOFTWARE WILL BE
+ UNINTERRUPTED OR ERROR-FREE; OR (C) ANY DEFECTS IN SOFTWARE
+ WILL BE CORRECTED.
+
+9. LIMITATION OF LIABILITY. COMPANY AND ITS LICENSOR TOTAL
+ AGGREGATE LIABILITY IN CONTRACT, WARRANTY, TORT (INCLUDING
+ NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY,
+ INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE
+ LICENSE FEE YOU PAID FOR THE SOFTWARE. IN NO EVENT SHALL
+ COMPANY AND ITS LICENSOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
+ INDIRECT OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA,
+ HARM TO YOUR EQUIPMENT, COST OF PROCUREMENT OF SUBSTITUTE
+ GOODS, TECHNOLOGY OR SERVICES, ANY CLAIMS BY THIRD PARTIES
+ (INCLUDING BUT NOT LIMITED TO ANY DEFENSE THEREOF), ANY CLAIMS
+ FOR INDEMNITY OR CONTRIBUTION, OR OTHER SIMILAR COSTS. If any
+ remedy is determined to have failed of its essential purpose,
+ all limitations of liability and exclusion of damages set forth
+ in the limited warranty shall remain in effect.
+
+10. SURVIVAL. Sections 2-15 shall survive termination of this
+ Agreement.
+
+11. CHOICE OF LAW; VENUE; LIMITATIONS ON CLAIMS. You agree that
+ this Agreement and any conflicts regarding Software, shall be
+ construed, interpreted and governed by the laws, and subject
+ to the exclusive jurisdiction of the state or territory in the
+ Company Terms and Conditions of Sale ("T&Cs"). In the event
+ that the T&Cs do not apply or the choice of law or
+ jurisdiction are not indicated therein, then this Agreement
+ shall be construed, interpreted and governed by the laws, and
+ subject to the exclusive jurisdiction of the State of Arizona,
+ U.S.A. without regard to any conflict of laws principles. You
+ agree that regardless of any law to the contrary, any cause of
+ action related to or arising out of this Agreement or Software
+ must be filed within one year after such cause of action
+ arose, or be considered waived.
+
+12. EXPORT COMPLIANCE. You will not export or re-export Software,
+ technical data, direct products thereof or any other items
+ which would violate any applicable export control laws and
+ regulations including, but not limited to, those of the United
+ States and the United Kingdom. You agree that it is Your
+ responsibility to obtain copies of and to familiarize yourself
+ fully with these laws and regulations to avoid violation.
+
+13. ASSIGNMENT. Neither this agreement nor any rights, licenses
+ or obligations hereunder, may be assigned by You without the
+ Company's prior written approval.
+
+14. ENTIRE AGREEMENT: MODIFICATIONS AND WAIVER. This Agreement
+ constitutes the entire agreement of the parties with respect
+ to the subject matter of this Agreement, and merges and
+ supersedes all communications relating to this subject matter,
+ whether written or oral. Except as expressly set forth in this
+ Agreement, no modification of this Agreement will be effective
+ unless made in writing signed by Company. No failure or delay
+ by Company or its licensor(s) to assert any rights or remedies
+ arising from a breach of this Agreement shall be construed as a
+ waiver or a continuing waiver of such rights and remedies, nor
+ shall failure or delay to assert a breach be deemed to waive that
+ or any other breach. If any part of this Agreement is found by a
+ court of competent jurisdiction to be invalid, unlawful or
+ unenforceable then such part shall be severed from the remainder
+ of this Agreement and replaced with a valid provision that comes
+ closest to the intention underlying the invalid provision.
+
+Copyright (c) 2005-2008, Microchip Technology Inc. All rights
+reserved.