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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.
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