THIS LICENSE AGREEMENT (“AGREEMENT”) GOVERNS THE USE OF THE SIGFOX SOFTWARE. SIGFOX SA, A COMPANY REGISTERED UNDER NUMBER 514 582 444, UNDER THE LAWS OF FRANCE WHOSE REGISTERED OFFICE IS AS 425 RUE JEAN ROSTAND, 31 670 LABÈGE, FRANCE (“SIGFOX”) IS WILLING TO LICENSE THE SOFTWARE TO THE LICENSEE (“LICENSEE”), PROVIDED, AND ONLY ON THE CONDITION THAT, YOU ACCEPT AND AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT APPLIES TO ANY UPDATES FOR THE SOFTWARE PROVIDED TO YOU BY SIGFOX, UNLESS OTHER TERMS SPECIFICALLY COVER THOSE ITEMS.
BY CLICKING “I ACCEPT THIS AGREEMENT” OR OTHERWISE DOWNLOADING, INSTALLING, AND/OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT:
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YOU REPRESENT AND WARRANT THAT YOU ARE DULY AUTHORIZED TO EXECUTE AND DELIVER THIS AGREEMENT, THAT EXECUTION AND DELIVERY OF THIS AGREEMENT AND PERFORMANCE OF THE OBLIGATIONS HEREUNDER HAVE BEEN DULY AUTHORIZED AND THAT THIS ACTION ESTABLISHES A LEGAL, ENFORCEABLE, AND BINDING AGREEMENT BETWEEN LIENSEE AND SIGFOX;
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YOU HAVE READ AND ACCEPTED ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND THAT THIS ACTION ESTABLISHES A LEGAL, ENFORCEABLE, AND BINDING AGREEMENT BETWEEN LICENSEE AND SIGFOX. IF LICENSEE DOES NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE SHALL HAVE NO RIGHT TO USE THE SOFTWARE AND LICENSEE MUST IMMEDIATELY CEASE USING THE SOFTWARE AND MUST DELETE OR REMOVE ALL ASSOCIATED SOFTWARE AND FILES.
Licensee: means the person or the Company who downloads the software.
Software: means the software development kit (SDK) and its subsequent versions which is downloadable by the Licensee.
SIGFOX hereby grants to the Licensee a non-exclusive, worldwide, non-transferable, revocable, royalty-free license to use the Software exclusively for the purpose of adapting the Sens’it functionalities (the “Purpose”).
The Licensee shall:
- Only use the Software for the Purpose and in accordance with the terms of the Software documentation;
- not make any copy of the Software, except one copy solely for back-up purposes, as long as trademarks, copyright and other intellectual property notices are reproduced on the copies;
- not alter, modify, correct, translate into other languages the Software without SIGFOX prior written consent;
- not delete any identification or declaration relative to the intellectual property rights, trademarks or any other information related to ownership or intellectual property rights in the Software;
- not cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Software;
- not sell, distribute, grant, sublicense, publish the Software;
- not enter into any agreements with third parties that would cause Licensee’s breach of this Agreement.
The right to use the Software is personal to the Licensee, for its own use, and is nontransferable.
Copyright notice and conditions of use of STMicroelectronics are reproduced in annex.
This Agreement is made as from the date of the first download of the Software by the Licensee until this Agreement being terminated for any reason whatsoever.
Either Party is entitled to terminate the Agreement for convenience by providing the other Party with a sixty (60) calendar days prior written notice.
Without prejudice to any other rights, SIGFOX may terminate the Agreement at any time if the Licensee breaches any of the terms and conditions stated herein and provided that such breach is not cured within thirty (30) calendar days from the date of written notice from SIGFOX to the Licensee to cure such breach.
Upon termination of the Agreement for any reason, the Licensee shall no longer have any right to use of the Software and must destroy all copies of the Software.
The Software is the property of SIGFOX or SIGFOX has acquired the intellectual property rights necessary to enter into this Agreement. The Software shall remain the property of SIGFOX and nothing herein constitutes the transfer to the Licensee of any ownership rights on the Software.
LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE IS AT LICENSEE’S SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SIGFOX EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IT IS AT LICENSEE’S OWN DISCRETION AND RISK, THAT THE SOFTWARE IS DOWNLOADED AND/OR USED. LICENSEE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS. SIGFOX MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SIGFOX BE LIABLE FOR DIRECT OR INDIRECT DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING FROM OR RELATED TO LICENSEE’S USE OR INABILITY TO USE THE SOFTWARE AND EVEN IF THE LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Licensee acknowledges that the Software may be subject to export control laws and regulations, and any use of the Software contrary to such laws and regulations is prohibited.
The Licensee is sole responsible for adapting the Software to all applicable regulatory and technical obligations particularly concerning included radio configuration options.
In the event that any provision of this Agreement should for any reason be held ineffective, the remainder of this Agreement shall remain in full force and effect. The invalid provision shall be replaced by such valid one as the parties would have chosen if they had been aware of the invalidity of the provision.
The failure of SIGFOX to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by SIGFOX. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Licensee may not assign or transfer any of its rights or obligations under this Agreement to a third party without the prior written consent of SIGFOX. SIGFOX may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void.
This Agreement shall be governed and construed in accordance with the laws of France. The Parties consent to the exclusive jurisdiction of the Courts of Paris, France, for any dispute arising out of or related to this Agreement, disregarding any inconvenience of venue or others.
Target: STMicroelectronics STM32
Distribution: The file is distributed as is, without any warranty of any kind.
© COPYRIGHT(c) 2014 Ac6
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of Ac6 nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.