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Diffstat (limited to 'licenses/MicroChip-PK2')
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diff --git a/licenses/MicroChip-PK2 b/licenses/MicroChip-PK2 new file mode 100644 index 000000000..23d648f8f --- /dev/null +++ b/licenses/MicroChip-PK2 @@ -0,0 +1,193 @@ +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. |