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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.