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EULA.txt
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EULA.txt
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LIMITED LICENSE AGREEMENT
IEEE 802.15.4 MAC Download Registration
You ("Developer" or "You") must read this Limited License Agreement (this
"Agreement") carefully and thoroughly before downloading, installing, and/or
using any software or content ("Software") provided herewith.
BY DOWNLOADING, INSTALLING AND/OR USING ANY SOFTWARE OR CONTENT, YOU ARE
CONFIRMING YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN DO NOT DOWNLOAD,
INSTALL/COMPLETE INSTALLATION OF, OR USE THE SOFTWARE OR CONTENT.
1. Grant of License.
Atmel grants Developer a non-exclusive, limited license: (a) to use the Software
as a development platform solely in connection with an Atmel AVR product ("Atmel
Product"), (b) to modify the source code version of the Software solely as
necessary to implement such Software in products developed by Developer that
incorporate an Atmel Product ("Developer Products"), and (c) to distribute the
Software solely as implemented in Developer Products. Developer shall not use
the Software for any purpose other than as specifically authorized herein.
2. Title.
As between the parties, Atmel retains full rights, title, and ownership
including all patents, copyrights, trade secrets, trade names, trademarks, and
other intellectual property rights in and to the Software. Developer agrees to
take all reasonable steps to prevent unauthorized disclosure of the Software.
3. No Other Rights.
Except as expressly stated herein, this Agreement does not grant Developer, by
implication, estoppels or otherwise, any rights to patents, copyrights, trade
secrets, trade names, trademarks (whether registered or unregistered), or any
other rights, franchises, or licenses in respect of the Software. Atmel will not
provide any support or maintenance for the Software. Developer will be solely
responsible for supporting its customers, including resellers and end users.
4. No Support and Disclaimer of Warranty.
Atmel is not obligated to furnish or make available to Developer any further
information, software, technical information, know-how, show-how, bug-fixes, or
support. Atmel reserves the right to make changes to the Software without
further notice. ATMEL IS PROVIDING THE SOFTWARE TO DEVELOPER "AS IS", "WITH ALL
FAULTS", AND WITH NO WARRANTY WHATSOEVER. ATMEL MAKES NO WARRANTY THAT THE
SOFTWARE IS COMPLETE, VERIFIED, OR VALIDATED. ATMEL IS MAKING NO REPRESENTATION
THAT THE SOFTWARE IS FREE FROM ANY CLAIMS OF INFRINGEMENT. ATMEL MAKES NO
WARRANTY WHATSOEVER, EXPRESS, IMPLIED, STATUTORY, CONTRACTUAL OR OTHERWISE WITH
RESPECT TO THE SOFTWARE, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AND
ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING.
5. Notice and Protection.
Developer agrees not to remove or destroy any proprietary trademark or copyright
markings or notices placed upon or contained within the Software or any related
documentation.
6. Export.
Developer acknowledges that the certain laws and regulations may restrict the
export and re-export of the Software. Developer will not export or re-export any
Software (including the diskettes, related documentation and/or any hardware
peripherals) in any form without the appropriate United States and foreign
governmental approval.
7. Termination.
The license will automatically terminate if Developer fails to comply with any
of the terms and conditions of the license. Upon termination for any reason,
Developer will immediately destroy or return to Atmel the Software, including
all documentation and all whole or partial copies of the Software.
8. LIMITATION OF LIABILITY.
IN NO EVENT SHALL ATMEL BE LIABLE TO DEVELOPER OR ANY THIRD PARTY FOR ANY
CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT OF OR
RELATING TO THE SOFTWARE OR ANY OTHER ASPECT OF THIS AGREEMENT, EVEN IF ATMEL
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE
LIABILITY OF ATMEL ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE
GREATER OF ONE THOUSAND U.S. DOLLARS (US$1,000) OR THE PRICE PAID BY DEVELOPER
TO ATMEL FOR THE SOFTWARE.
9. General.
This Agreement and all transactions concluded hereunder shall be governed by the
laws of the State of California, as such laws are applied to contracts entered
into and performed entirely in California by California residents. Any
litigation relating to this Agreement shall be subject to the exclusive
jurisdiction of the state courts located in Santa Clara County, California, or
the federal courts located in the Northern District of California. If any
provision of this Agreement is held to be invalid, illegal or unenforceable,
that provision shall be construed in such a manner that it becomes valid and
enforceable and so as to reflect most closely the intent of the parties in
agreeing upon the provision in the first place, and the remaining provisions of
this Agreement shall continue in full force and effect and shall not in any way
be affected or impaired by any such determination of invalidity, illegality or
unenforceability.
THIS AGREEMENT IS THE ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN ATMEL AND DEVELOPER
AND SUPERSEDES ALL PRIOR ORAL AND WRITTEN AGREEMENTS AND COMMUNICATIONS BETWEEN
THE PARTIES PERTAINING TO THE SUBJECT MATTER OF THIS AGREEMENT. NO DIFFERENT OR
ADDITIONAL TERMS WILL BE ENFORCEABLE AGAINST ATMEL UNLESS ATMEL GIVES ITS
EXPRESS WRITTEN CONSENT, INCLUDING AN EXPRESS WAIVER OF THE TERMS OF THIS
AGREEMENT