Please, see here for Software Licence Agreement for CISC Semiconductor Corp.

Software Licence Agreement

CISC Semiconductor GmbH

REVISION: August 25th, 2016

IMPORTANT: READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND/OR DOWNLOADIND THE SOFTWARE AND/OR USING THE SOFTWARE. THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND CISC SEMICONDUCTOR GMBH (“CISC SEMICONDUCTOR”) FOR THIS CISC SEMICONDUCTOR SOFTWARE WHICH INCLUDES COMPUTER SOFTWARE AND ASSOCIATED PRINTED MATERIALS (IF ANY), AND MAY INCLUDE ON-LINE OR ELECTRONIC DOCUMENTATION. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE “CANCEL” BUTTON, DO NOT INSTALL THE SOFTWARE, DO NOT USE THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE.

Definitions

You (either as an individual or a single entity) are hereinafter referred as “Licensee”.

CISC Semiconductor GmbH – a company organised and existing under the laws of Austria, with its principal place of business at Lakeside B07, 9020 Klagenfurt, Austria, and being registered at the Commercial Register at Landesgericht Klagenfurt, Austria, under number FN 188729v is referred hereinafter as ” CISC Semiconductor”.

Licensee and CISC Semiconductor hereinafter collectively referred to as the ” Parties “and severally as the “Party”.

A. Authorization Code means a physical or electronic document provided by CISC Semiconductor to Licensee which lists the codes which Licensee must input to enable Use of the Licensed Program.

B. Confidential Information includes information which CISC Semiconductor has and marked as “proprietary” and/or “confidential” or with some other similar marking to Licensee including information which is: (a) intangible, visible or recorded form (including, but not limited to, economic data, product information, product road maps, equipment, materials, computer software and its modules, data, processes, specifications, circuit diagrams, design methods, formulas, drawings, interface information, proprietary command architectures, proprietary scheme constructs, including commands, format, syntax and semantics, defects, bugs and other documents and items) or (b) communicated orally and is said to be proprietary and/or confidential in nature and which is then converted into tangible, visible or recorded form and marked”proprietary “and/or” confidential “or with some other similar marking within forty (40) days after oral disclosure.

Confidential Information does not include any information which: (a) is in or passes into the public domain at the time of disclosure or become part of the public domain after disclosure otherwise than through a breach of this Agreement (but compilations of information which are not public shall not be treated as being public by reason of them containing information which is); or (b) in its lawful possession prior to disclosure to it by CISC Semiconductor and which were not acquired directly or indirectly from CISC Semiconductor under an obligation of confidentiality; or (c) independently developed by an employee of the Licensee to whom no disclosure of Confidential Information has been made, and the onus of proof of independence (as shown by tangible evidence) being on the Licensee; or (d) lawfully and bona fide obtained by the Licensee from a third party who, to the knowledge and reasonable belief of the Licensee, did not receive them directly or indirectly from CISC Semiconductor under an obligation of confidentiality; or (e) approved for unlimited release or use by written authorization of CISC Semiconductor; or (f) disclosed under operation of law, including pursuant to judicial orders or government regulations so long as the Licensee notifies CISC Semiconductor promptly before the disclosure and cooperates with CISC Semiconductor if it decides to contest the disclosure; or (g) was acknowledged in writing by CISC Semiconductor to be non-confidential

C. Designated Equipment means either: (i) a single server (located at the Designated Site) with one CPU identified by serial number, host identifier, Ethernet address or MAC address on which the Licensed Programs are stored, or; (ii) a computer or workstation, as identified by its serial number, host identifier number, Ethernet address or MAC address, located at the Designated Site, where the Licensed Programs are installed and used only upon the issuance of an electronic “key”. The Designated Equipment shall be of a manufacture, make and model, and have the configuration, capacity (i.e. ,main memory / data storage memory), operating software version level and prerequisite and co-requisite applications, prescribed in the Documentation as necessary or desirable for the Use of the Licensed Programs.

D. Designated Site means specific address of Licensee facility consisting of one or more buildings within a radius of one mile of where the Designated Equipment upon with the Licensed Program and its components are installed.

E. Documentation means information provided to Licensee by CISC Semiconductor which describes a Licensed Program, its operation and use, and any updated, improved or modified version(s) of such materials, in written form, optical or other form or communicated by electronic means. Documentation may include manuals, user guides, tutorials and on-screen user assistance available in the operation of the Licensed Program.

F. Error means a defect which causes the Licensed Program not to perform substantially in accordance with the performance specifications in the documentation.

G. Intellectual Property Rights means worldwide patents, patent rights, copyrights, trade secrets, trade marks, service marks, mask works, and applications or any of the foregoing.

H. Intranet Network: A computer network located at the Designated Site that connects the Designated Equipment and individual computers located at the same Designated Site, and that prevents any access to and from individual computers or similar located outside the Designated Site in any form like e.g. Remote Access, Desktop Sharing, Virtual Private Networks or similar.

I. Licensed Program means each software program in object code form and each updated, improved or otherwise modified version thereof furnished by CISC Semiconductor to Licensee pursuant to this Agreement.

J. NFR Version means a version of the Licensed Program, identified as NOT FOR RESALE (NFR) VERSION, and to be used to review and evaluate the Licensed Program for a limited time, only.

K. Reverse Engineer means prohibited use of the Documentation, Confidential Information and/or any Licensed Program to create, duplicate or emulate any part or function of the Licensed Program where such part or function was originally developed by CISC Semiconductor, including the examination or analysis of the Licensed Program to determine its structure, organization, internal design, algorithms or encryption devices.

L.Software means the Licensed Program (including any images, applets, photographs, animations, video, audio, music, text and third party tools incorporated into the Software) and its manuals and documentation and each updated, improved or otherwise modified version thereof furnished by CISC Semiconductor to Licensee pursuant to this Agreement.

M.Third party tools

  • Apache Xerces Parser: Copyright 1999-2005 by The Apache Software Foundation. Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 . Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
  • Apache Ant:Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 . Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
  • CPU Parser Generator: CUP Parser Generator Copyright Notice, License, and Disclaimer. Copyright 1996-1999 by Scott Hudson, Frank Flannery, C. Scott Ananian. Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the names of the authors or their employers not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. The authors and their employers disclaim all warranties with regard to this software, including all implied warranties of merchantability and fitness. In no event shall the authors or their employers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this software. This is an open source license. It is also GPL-Compatible (see entry for “Standard ML of New Jersey”). The portions of CUP output which are hard- coded into the CUP source code are (naturally) covered by this same license, as is the CUP runtime code linked with the generated parser. Java is a trademark of Sun Microsystems, Inc. References to the Java programming language in relation to JLex are not meant to imply that Sun endorses this product.
  • Dopus:Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. Except as contained in this notice, the names of individuals credited with contribution to this software shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from the individuals in question. Any stylesheet derived from this Software that is publically distributed will be identified with a different name and the version strings in any derived Software will be changed so that no possibility of confusion between the derived package and this Software will exist.
  • iText:Copyright 1999, 2000, 2001, 2002 by Bruno Lowagie. The contents of this file are subject to the Mozilla Public License Version 1.1 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/MPL/ . Software distributed under the License is distributed on an “AS IS” basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License. The Original Code is ‘iText, a free JAVA-PDF library’. The Initial Developer of the Original Code is Bruno Lowagie. Portions created by the Initial Developer are Copyright (C) 1999, 2000, 2001, 2002 by Bruno Lowagie. All Rights Reserved. Co-Developer of the code is Paulo Soares. Portions created by the Co-Developer are Copyright (C) 2000, 2001, 2002 by Paulo Soares. All Rights Reserved. Alternatively, the contents of this file may be used under the terms of the LGPL license (the “GNU LIBRARY GENERAL PUBLIC LICENSE”), in which case the provisions of LGPL are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the LGPL License and not to allow others to use your version of this file under the MPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the LGPL. If you do not delete the provisions above, a recipient may use your version of this file under either the MPL or the LGPL License. This library is free software; you can redistribute it and/or modify it under the terms of the MPL as stated above or under the terms if the GNU Library General Public License as published by the Free Software Foundation; either version 2 of the License, or any later version. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Library general Public License for more details.
  • IZpack:Copyright Copyright 2001-2004 by Julien Ponge, Elmar Grom, Tino Schwarze, Klaus Bartz. Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 . Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
  • JAPPO:Copyright (c) 2003-2005, Jappo team All rights reserved. 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 the Jodd team 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 OWNER 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.
  • Java look and feel Repository: Copyright 2000 by Sun Microsystems, Inc. All Rights Reserved. Sun grants you (“Licensee”) a non-exclusive, royalty free, license to use, and redistribute this software graphics artwork, as individual graphics or as a collection, as part of software code or programs that you develop, provided that i) this copyright notice and license accompany the software graphics artwork; and ii) you do not utilize the software graphics artwork in a manner which is disparaging to Sun. Unless enforcement is prohibited by applicable law, you may not modify the graphics, and must use them true to color and unmodified in every way.This software graphics artwork is provided “AS IS,” without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE GRAPHICS ARTWORK. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE GRAPHICS ARTWORK, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are waived to the extent necessary for this Disclaimer to be otherwise enforceable in such jurisdiction.
  • Java Service Wrapper: Copyright (c) 1999, 2006 Tanuki Software, Inc.Permission is hereby granted, free of charge, to any person obtaining a copy of the Java Service Wrapper and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sub-license, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. Portions of the Software have been derived from source code developed by Silver Egg Technology under the following license: BEGIN Silver Egg Techology License: Copyright (c) 2001 Silver Egg Technology. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sub-license, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. END Silver Egg Techology License.
  • JCharts:Copyright 2002 (C) Nathaniel G. Auvil. All Rights Reserved. Redistribution and use of this software and associated documentation (“Software”), with or without modification, are permitted provided that the following conditions are met:
  • Redistributions of source code must retain copyright statements and notices. Redistributions must also contain a copy of this document.
  • 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.
  • The name “jCharts” or “Nathaniel G. Auvil” must not be used to endorse or promote products derived from this Software without prior written permission of Nathaniel G. Auvil. For written permission, please contact nathaniel_auvil@users.sourceforge.net .
  • Products derived from this Software may not be called “jCharts” nor may “jCharts” appear in their names without prior written permission of Nathaniel G. Auvil. jCharts is a registered trademark of Nathaniel G. Auvil.
  • Due credit should be given to the jCharts Project http://jcharts.sourceforge.net/ .
    THIS SOFTWARE IS PROVIDED BY Nathaniel G. Auvil AND CONTRIBUTORS “AS IS” AND ANY EXPRESSED 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 jCharts OR ITS 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.
  • JDOM:Copyright (C) 2000-2004 Jason Hunter & Brett McLaughlin. All rights reserved. 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 disclaimer that follows these conditions in the documentation and/or other materials provided with the distribution.
  • The name “JDOM” must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact request_AT_jdom_DOT_org.
  • Products derived from this software may not be called “JDOM”, nor may “JDOM” appear in their name, without prior written permission from the JDOM Project Management <request_AT_jdom_DOT_org>.
  • In addition, we request (but do not require) that you include in the end-user documentation provided with the redistribution and/or in the software itself an acknowledgement equivalent to the following: “This product includes software developed by the JDOM Project (http://www.jdom.org/).”
    Alternatively, the acknowledgment may be graphical using the logos available at http://www.jdom.org/images/logos . THIS SOFTWARE IS PROVIDED ” AS IS” AND ANY EXPRESSED 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 JDOM AUTHORS OR THE PROJECT 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. This software consists of voluntary contributions made by many individuals on behalf of the JDOM Project and was originally created by Jason Hunter jhunter_AT_jdom_DOT_org and Brett McLaughlin brett_AT_jdom_DOT_org. For more information on the JDOM Project, please see http://www.jdom.org/ .
  • JFLEX:JFlex is free software, published under the terms of the GNU General Public License. There is absolutely NO WARRANTY for JFlex, its code and its documentation. The code generated by JFlex inherits the copyright of the specification it was produced from. If it was your specification, you may use the generated code without restriction. See the file COPYRIGHT for more information.
  • JMatLink:Copyright (c) 1999-2001 Stefan Mueller ( stefan@held-mueller.de ). All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
  • This software is free of ANY charges. It may be used in any private, educational, governmental or commercial software product.
  • Redistributions of source code must retain the above copyright notice, this list of conditions and the followingdisclaimer.
  • 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.
  • Products derived from this software may not be called “JMatLink” nor may “JMatLink” appear in their names without prior written permission of the author.
  • Redistributions of any form whatsoever must retain a link to the homepage of JMatLink: http://www.held-mueller.de/JMatLink/
    THIS SOFTWARE IS PROVIDED BY THE AUTHOR “AS IS” AND ANY EXPRESSED 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 AUTHOR OR ITS 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. THIS SOFTWARE USES MATLAB/SIMULINK TO DO EXTENSIVE CALCULATIONS ON THE LOCAL SYSTEM WHERE IT IS INSTALLED. SINCE MATLAB/SIMULINK ALLOWS ACCESS TO THE LOCAL DISCS AND FILE SYSTEMS MALICIOUS OR BUGGY MATLAB M- OR MEX- FILES AND NATIVE AND EXTERNAL PROGRAMS CAN DESTROY OR MANIPULATE ALL DATA ON YOUR SYSTEM. IF THIS SOFTWARE IS USED IN AN INTERNET APPLICATION IT MIGHT BE POSSIBLE TO ACCESS AND MANIPULATE “ALL” DATA ON THE COMPUTER WHICH IS RUNNING JMATLINK/MATLAB. BE VERY CAREFUL TO OPENING YOUR MACHINE TO OTHER USERS OVER THE INTERNET. Matlab is a trademark of TheMathworks, Inc. Java is a trademark of Sun, Inc.
  • PostgreSQL:PostgreSQL is released under the BSD license. PostgreSQL Database Management System (formerly known as Postgres, then as Postgres95). Portions Copyright (c) 1996-2005, The PostgreSQL Global Development Group. Portions Copyright (c) 1994, The Regents of the University of California. Permission to use, copy, modify, and distribute this software and its documentation for any purpose, without fee, and without a written agreement is hereby granted, provided that the above copyright notice and this paragraph and the following two paragraphs appear in all copies. IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF THE UNIVERSITY OF CALIFORNIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE UNIVERSITY OF CALIFORNIA SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS ON AN “AS IS” BASIS, AND THE UNIVERSITY OF CALIFORNIA HAS NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
  • ProGuard:ProGuard is free. You can use it freely for processing your applications, commercial or not. Your code obviously remains yours after having been processed, and its license can remain the same. ProGuard itself is copyrighted, but its distribution license provides you with some rights for modifying and redistributing its code and its documentation. More specifically, ProGuard is distributed under the terms of the GNU General Public License(GPL), version 2, as published by the Free Software Foundation(FSF). In short, this means that you may freely redistribute the program, modified or as is, on the condition that you make the complete source code available as well. If you develop a program that is linked with ProGuard, the program as a whole has to be distributed at no charge under the GPL. I am granting a special exception to the latter clause (in wording suggested by the FSF), for combinations with the following stand-alone applications: Apache Ant, Apache Maven, the Eclipse Java IDE, the Sun NetBeans Java IDE, the Sun JME Wireless Toolkit, and the Javaground Tools. The ProGuard user documentation represents an important part of this work. It may only be redistributed without changes, along with the unmodified version of the code.Eric Lafortune, Luciad.
  • UI Control Suite: Metallic Theme
  • Copyright 2009-2011 François Normandin. All rights reserved.
  • Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
  • 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  • 2. 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.
  • THIS SOFTWARE IS PROVIDED BY François Normandin “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 François Normandin 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.
  • The views and conclusions contained in the software and documentation are those of the authors and should not be interpreted as representing official policies, either expressed or implied, of François Normandin.
  • Core Web Services: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0.
  • Definitions:

I.”Contributor” means each individual or entity that creates or contributes to the creation of Modifications.

II.”Contributor Version” means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor.

III.”Covered Software” means (a) the Original Software, or (b) Modifications, or (c) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof.

IV.”Executable” means the Covered Software in any form other than Source Code.

V.”Initial Developer” means the individual or entity that first makes Original Software available under this License.

VI.”Larger Work” means a work which combines Covered Software or portions thereof with code not governed by the terms of this License.

VII.”License” means this document.

VIII.”Licensable” means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.

IX.”Modifications” means the Source Code and Executable form of any of the following:

X.Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications;

XI.Any new file that contains any part of the Original Software or previous Modification; or

XII.Any new file that is contributed or otherwise made available under the terms of this License.

XIII.”Original Software” means the Source Code and Executable form of computer software code that is originally released under this License.

XIV.”Patent Claims” means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.

XV.”Source Code” means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code.

XVI.”You” (or “Your”) means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, “You” includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, “control” means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.

  • License Grants:

I.The Initial Developer Grant: Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license:

  • a.under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof), with or without Modifications, and/or as part of a Larger Work; and
  • b.under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof).
  • c.The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Software available to a third party under the terms of this License.
  • d.Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices.

II.Contributor Grant : Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:

  • a.under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and
  • b.under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications made by that Contributor (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
  • c.The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes or otherwise makes the Modifications available to a third party.
  • d.Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor.
  • Distribution Obligations:

I.Availability of Source Code: Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange.

II.Modifications: The Modifications that You create or to which You contribute are governed by the terms of this License. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License.

III.Required Notices: You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer.

IV.Application of Additional Terms: You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients’ rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, you may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.

V.Distribution of Executable Versions: You may distribute the Executable form of the Covered Software under the terms of this License or under the terms of a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable form does not attempt to limit or alter the recipient’s rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Software in Executable form under a different license, You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.

VI.Larger Works: You may create a Larger Work by combining Covered Software with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software.

  • Versions of the License

I.New Versions: Sun Microsystems, Inc. is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License.

II.Effect of New Versions: You may always continue to use, distribute or otherwise make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. If the Initial Developer includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. Otherwise, You may also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version of the License published by the license steward.

III.Modified Versions: When You are an Initial Developer and You want to create a new license for Your Original Software, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License.

  • DISCLAIMER OF WARRANTY: COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
  • TERMINATION:

I.This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.

II.If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as “Participant”) alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement with Participant.

III.In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination.

  • LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
  • U.S. GOVERNMENT END USERS: The Covered Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” (as that term is defined at 48 C.F.R. §252.227-7014(a)(1)) and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License.
  • MISCELLANEOUS: This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, provides otherwise), excluding such jurisdiction’s conflict-of-law provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, with the losing party responsible for costs, including, without limitation, court costs and reasonable attorneys’ fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, distribute or otherwise make available any Covered Software.
  • RESPONSIBILITY FOR CLAIMS: As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
  • NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL): The code released under the CDDL shall be governed by the laws of the State of California (excluding conflict-of-law provisions). Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California and the state courts of the State of California, with venue lying in Santa Clara County, California.

N.Update means an embodiment of the Licensed Program that adds minor performance improvements or incremental features to the Licensed Program. Updates are identified by a change in the second or higher digit(s) of the Software version number.

O.Upgrade means a new software program that is derived from the Licensed Program for which a separate fee is charged. Such new software program has new features/functionality compared to the Licensed Program. Upgrades are identified by a change in the first digit of the Software version number.

P.Use means displaying or operating all or any portion of a Licensed Program with the Designated Equipment or transmitting it to the Designated Equipment or processing the instructions contained in the Licensed Program.

Q.User(s) means authorized Licensees employee(s) who access and Use the Licensed Program.

Article 1

Licensing Provisions

A.LICENSE GRANT. CISC Semiconductor grants Licensee a non-exclusive, non-transferable, personal, limited license for Use of the Licensed Programs. The Licensed Programs are licensed to: (a) a single user on one single unit of Designated Equipment on Licensee Designated Site (Node-Locked License); or (b) a number of Users on the Designated Equipment at the Designated Site on the number of individual Computers (Floating Licenses) for which a licensing fee has been paid together with the Authorisation Codes only for Licensee internal Use. Licensee may Use the Licensed Programs and any related updates on the Designated Equipment while Licensee possess and operates the Designated Equipment only. Licensee may Use the Licensed Programs on a Intranet Network provided that Licensee has a licensed copy of Licensed Programs for each Designated Equipment that can access that Licensed Programs over the Intranet Network. Licensee may physically transfer the Licensed Programs from one Designated Equipment to another provided that Licensee removes any copy(s) of the Licensed Programs from the Designated Equipment from which the Licensed Programs is being transferred on the basis of new Authorisation Codes. If this Licensed Programs are CISC Semiconductor evaluation Licensed Programs or NFR Versions, then Licensee is limited by the terms of this license and the expiration date of the Licensed Programs and/or its Authorisation Codes. All rights not expressly granted to Licensee pursuant to this Agreement are reserved by CISC Semiconductor.

B.LICENSE TERM. A User License will be issued on payment of the applicable license fee (which may be zero for free licenses) to accounts of CISC Semiconductor. User Licenses are granted for one of the following terms: Perpetual or for a certain period of e.g. 1 year or 6 months. Authorization Codes are initially issued according the payment terms and then for the full duration, whereas for Perpetual Licenses, Authorization Codes will be provided for twentyfive (25) years.

C.TITLE AND COPYRIGHT. Software is trade secret or Confidential Information of CISC Semiconductor. The Software is owned by CISC Semiconductor or its suppliers and is protected by Austrian copyright laws and international treaty provisions. Licensee may make a reasonable number of copies of the Software for backup purposes only. Part of the Software may have been developed by third parties, which hold copyright and other proprietary rights to the Software.

D.RESTRICTION ON USE. The License granted hereunder is specifically limited in its scope and field of Use. Licensee shall not: (i) transfer, sublicense, rent, lease, lend, sell, distribute modify any Licensed Program to third parties; (ii) electronically transfer the Software from the Designated Hardware to another (unless you obtain licenses from CISC Semiconductor for the Designated Hardware to Use the Licensed Program); (iii) attempt in any way to determine the source code of the Licensed Program, or modify, disassemble, Reverse Engineer, reverse assemble, or create derivative works based on the Licensed Program; (iv) use the Licensed Program in a time sharing or service bureau application; or (v) reset the CPU time or use a false host ID number or use a false MAC address number of the Designated Hardware; or (vi) distribute the Software outside of the country in which the license was obtained, or (vii) Use any Licensed Program or part thereof to develop or market any program or model including any function, feature, parameter or equation which is functionally similar or equivalent to any part of the Licensed Program which was not already in the public domain; (viii) Use Software or Confidential Information or any part thereof to develop, market or sell any competitive, derivative or interfacing product for Licensee’s own use or use by others; (ix) compare Software or Confidential Information with a proposed or existing competitive product in order for Licensee to develop, market or sell any competitive or derivative product for Licensee’s own use or use by others; (x) Use Software or Confidential Information to demonstrate or verify that any proposed or existing competitive product operates similarly, is compatible with, or is the same as any part of the Licensed Program; (xi) reveal to any third party any benchmark results comparing any part of a Licensed Program and a potentially competing product; (xii) allow access to Software to employees, representatives, agents or contractors of any third party without CISC Semiconductor’s prior written consent.

E.AUTHORIZATION CODE: CISC Semiconductor provides Licensee an Authorization Code depending on purchased Licensed Program and its License Terms as in Article 1 – Subsection B -hereunder. The Authorization Code enables the Use of the Licensed Program and contains a disabling feature which CISC Semiconductor may utilize in the event of Licensee’s material breach.

F.TERMINATION. CISC Semiconductor reserves the right to terminate this license upon breach of these terms and conditions. This Agreement will terminate automatically: (i) immediately, in case of breach of any provision as of Article 1 – Subsection D – or Article 5 – Subsection A – hereunder; (ii) within ten (10) days, a breach of payment obligations; (iii) within thirty (30) days, a material breach of this Agreement; and (iv) immediately if Licensee becomes insolvent or makes an assignment for the benefit of creditors, or a trustee or receiver is appointed for Licensee or for a substantial part of its assets, or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against Licensee. A Licensed Program failure to conform substantially to the specifications in the Documentation shall not be deemed a material breach or default under this Subsection of Article 1 but shall be subject to the exclusive remedies provided in Article 4 – Subsection C – hereunder. In the event of termination, Licensee shall immediately cease all use of the Licensed Program(s), Documentation and Confidential Information and return or destroy all such copies and all portions of the Licensed Program(s) and so certify in writing to CISC Semiconductor. Termination will not relieve either Party from any liability arising from any breach of this Agreement. Neither Party will be liable to the other or damages of any sort solely as a result of terminating this Agreement in accordance with its terms, and termination of this Agreement will be without prejudice to any other right or remedy of either Party.

Article 2

Delivery Terms

A. PURCHASE ORDER. To obtain Software from CISC Semiconductor Licensee must submit a purchase order. All purchase orders are subject to acceptance by CISC Semiconductor in its sole discretion. Licensee’s receipt and Use of Software shall be governed by the terms and conditions of this Agreement. Nothing contained in any purchase order or other documentation submitted by Licensee shall in any way modify the terms of this Agreement or add any additional terms or conditions. Standard variable terms such as price, quantity, delivery date, shipping instructions, as well as tax exempt status, if applicable, shall be specified on each purchase order. Licensee’s purchase order shall include and/or incorporate the license fees and payment terms set forth in CISC Semiconductors quotation. Licensee’s accepted purchase order shall be incorporated herein by reference.

B. TAXES. License fees payable to CISC Semiconductor under this Agreement are exclusive of any transaction taxes, including sales, use, consumption, value-added and similar transaction taxes, which may be imposed in accordance with applicable laws as a result of the Licenses granted hereunder. Licensee agrees to bear all such transaction taxes. lf payments made hereunder are subject to deduction of any withholding taxes imposed by a tax treaty then in effect between the Parties respective governments, Licensee shall deduct such withholding taxes paid to the relevant authorities from the total amount due CISC Semiconductor. Licensee shall obtain official documentation evidencing payment thereof and shall provide such documentation to CISC Semiconductor within a reasonable period of time.

C. DELIVERY. On acceptance of Licensee’s purchase order, CISC Semiconductor shall deliver, the Software and Authorization Codes. Delivery by electronic transfer, which may be electronic mail and/or any other transfer protocol (“SFTP”, “SCP”, “HTTPS”) of Software, is only available to certain Designated Sites. Depending on availability, Licensee may elect to receive its order by electronic transfer by requesting such electronic shipment in its purchase order. Licensee must identify each qualifying Designated Site, the Site administrator and the receiving department. Upon acceptance of Licensee’s request for electronic transfer, CISC Semiconductor shall make the Software electronically available to Licensee. Licensee’s site administrator and receiving department will be notified electronically that Licensee’s purchase order has been fulfilled. Licensee will be responsible for obtaining access to the internet and retrieving the fulfilled order from a server maintained by CISC Semiconductor. Licensee agrees that if delivery is requested as electronic transfer, CISC Semiconductor will only deliver the Licensed Program electronically and Licensee will not receive the Licensed Program on tangible media. Delivery of Authorization Codes to Licensee is made only by electronic transfer in accordance with provisions above hereof. Licensee agrees that once the Licensed Program(s) and/or Documentation on a Server is made available by CISC Semiconductor and Licensee is notified of the Licensee Key password, CISC Semiconductor will have fulfilled its delivery obligation to Licensee, and any applicable payment will be due and payable in accordance with Article 2 – Subsection A – hereunder.

D.INVOICING. Licensee agrees to pay CISC Semiconductor the license fees and applicable taxes as set forth above, in accordance with the payment terms specified in CISC Semiconductors quotation/invoice.

Article 3

Services Provisions

Licensee may purchase two different types of Services for the Licensed Programs pursuant to this Agreement: (i) Maintenance Service and (ii) Support Service

A. PREREQUISITES. In order for Licensee to receive Services from CISC Semiconductor, Licensee must: (i) register each Licensed Program; (ii) appoint (a) trained and qualified Technical Support Contact(s) who will maintain the integrity of the Licensed Program(s) and act as Licensee’s personal contact for all technical communications. The number of Technical Support Contacts will be determined by the specific Services purchased by Licensee. Licensee must provide the name(s) of the Technical Support Contact(s) prior to the initial contact with CISC Semiconductors applications engineers. All technical communication by Licensee and all Documentation provided by CISC Semiconductors pursuant to this Article 3 shall only be made by and to the Technical Support Contact(s). Licensee may change the Technical Support Contact(s) on written notice to CISC Semiconductor; (iii) obtain training on the Use of the Licensed Program(s) for the Technical Support Contact(s); (iv) provide access to Licensee’s technical infrastructure for CISC Semiconductor to and use of all information and system facilities necessary, in CISC Semiconductor’s sole judgment but subject to Licensee’s applicable security requirements, to provide in time purchased Services; (v) follow operating instructions, procedures and recommendations specified in the Documentation and/or as provided by CISC Semiconductor’s Services application engineers; (vi) notify CISC Semiconductor’ of any discovered Errors, malfunctions or other problems regarding the Licensed Programs in accordance with CISC Semiconductor then-current notification procedure. lf CISC Semiconductor believes that a reported problem is not due to an Error in the Licensed Program, CISC Semiconductor will so notify Licensee; (vii) pay the applicable Service fees, either for Maintenance Service and/or Support Service for each Licensed Program as set forth in CISC Semiconductor current invoice.

B. MAINTENCE SERVICE. CISC Semiconductor will provide Licensee with all Updates and Error corrections (collectively, “Revisions”) made generally available to other Licensees of the Licensed Program. Each Revision shall consist of one (1) machine-readable copy plus accompanying Documentation for each Licensed Program. All Revisions shall become part of the Licensed Program and Licensee’s Use thereof shall be governed by the terms of this Agreement. Upgrades are not part by the Maintenance Service and may be purchased separately from CISC Semiconductor and shall be provided pursuant to a separate agreement. Upgrades offered to Licensee by CISC Semiconductor will be at CISC Semiconductor’s then-current list price. All Upgrades acquired by Licensee shall become part of the Licensed Program and Use thereof shall be governed by the terms of this Agreement.

C. SUPPORT SERVICE. CISC Semiconductor will provide Licensee its Support Service by Phone and/or E-Mail. CISC Semiconductor shall use reasonable commercial efforts during normal business hours, Monday through Friday (excluding holidays), to provide assistance by phone and/or E-Mail to Licensee’s Technical Support Contact(s) to answer questions regarding the installation and Use of, and to correct Errors in the then-current and most recently replaced version of the Licensed Program(s). All common carrier charges and telephone equipment costs incurred by Licensee to access this service shall be Licensee’s sole responsibility.

D. ADDITIONAL SERVICES. CISC Semiconductor shall provide Additional Services pursuant to a separate agreement on request by Licensee. Additional Services are as: (i) custom programming services; (ii) training (remote and on-site); (iii) the relocation of the Licensed Program from the Designated Equipment.

E. EXCLUSIONS. CISC Semiconductor shall have no obligation to provide Services for: (i) Licensee induced problems associated with the Designated Equipment; (ii) an altered, damaged or Licensee-modified Licensed Program, or any portion of the Licensed Program incorporated with or into any other software; (iii) problems caused by Licensee’s negligence, abuse, misapplication, use of the Licensed Program other than as specified in the Documentation, or other causes beyond CISC Semiconductor’s reasonable control; (iv) a Licensed Program installed on any hardware, operating system version or network environment not registered with CISC Semiconductor; (vi) problems caused by Licensee’s installation or use of other programmes than the Licensed Program except the operating system with the Designated Equipment; (vii) hardware related problems.

F. SERVICE TERM. The default term for services under this Article 3 is as follows: (a) on issuance of a Perpetual or Three (3) Year License Term the fee for the initial term of Services for a the first year, starting from the date of delivery of the Licensed Program to Licensee, unless earlier terminated in accordance Article 3 – Subsection G – herein, is included in the license fee and shall be automatically renewed year by year for the duration of License Term for additional one (1) year term(s) after its expiration of the term unless Licensee fails to pay CISC Semiconductor’s invoice for renewal of Services within thirty (30) days or gives CISC Semiconductor written notice of its intention not to renew. (b) on issuance of a One (1) Year License Term or Monthly License the fee for the initial term of Services is included in the license fee, starting from the date of delivery of the Licensed Program to Licensee, unless earlier terminated in accordance Article 3 – Subsection G – herein.

G.T ERMINATION. CISC Semiconductor may suspend or terminate Services immediately if Licensee fails to pay the Services fee or any other fee due under this Agreement. CISC Semiconductor may also terminate Services if Licensee breaches any material provision of this Agreement. In the event CISC Semiconductor no longer provides Services for such Licensed Product or no longer provides the specific Services previously offered, CISC Semiconductor shall have the right to discontinue Services for any Licensed Program by providing written notice of such intent at least ninety (90) days prior to the termination of Services for such Licensed Program. In the event that Licensee declines to renew Services, Services will be discontinued at the end of the then-current term. If Services are terminated for any reason, at CISC Semiconductor’s sole option, Licensee may be permitted to reinstate or renew Services by paying a then-current reinstatement fee and the Services fee.

H. INVOICING. Service fees will be billed annually and are payable in advance of Licensee’s renewal date. Payments are exclusive of any transaction taxes, including sales, use, consumption, value-added and similar transaction taxes, which may be imposed in accordance with applicable laws as a result of the Services provided hereunder.

Article 4

Limited Warranty and Liability Provisions

CISC Semiconductor sole liability and Licensee sole remedy with respect to the foregoing limited warranty will be limited to Error correction or media replacement.

A. SOFTWARE. CISC Semiconductor warrants for a period of thirty (30) days from the date of delivery that the Software will execute its programming instructions in material conformance with the documentation when properly installed on the Designated Hardware. Due to the complex nature of computer software, CISC Semiconductor does not warrant that the operation of the Software will be uninterrupted or error free. CISC Semiconductor obligation is to undertake commercially reasonable efforts to correct the Error(s) reported to CISC Semiconductor during the warranty period.

B. MEDIA. CISC Semiconductor warrants the media upon which the Software is recorded to be free of defects in materials and workmanship under normal use for a period of thirty (30) days from the date of shipment.

C. REMEDIES. In the event the licensed Software fails to execute due Errors(s), or if any media proves to be defective during the warranty period, Licensee remedy shall be to return the media to CISC Semiconductor for replacement and/or notify CISC Semiconductor of warranty claim in accordance with Article 4 – Subsection D – hereunder. If, in CISC Semiconductor’s sole opinion, it is not feasible to replace media and/or make corrections of Error(s) within a reasonable time and/or with commercial reasonable effort, Licensee alternative remedy shall be a refund of the license fee upon return of the Software and all copies.

D. NOTICE OF WARRANTY CLAIMS. Licensee must notify CISC Semiconductor in writing of any warranty claim not later than thirty (30) days after the expiration of the warranty period. Licensee will provide CISC Semiconductor with all available information in written and/or electronic form to allow CISC Semiconductor the reproduction of Error(s).

E. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, CISC Semiconductor disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, or arising from a course of dealing or usage of trade with respect to the Software.

F. NFR VERSIONS. A NFR version of the Software is provided “AS IS” and without any warranty. CISC Semiconductor has no obligation to support or otherwise maintain the Software. CISC Semiconductor makes no warranties, express or implied with respect to the Software including any warranty of merchantability or fitness for a particular purpose.

G. LIMITED LIABILITY. Notwithstanding any provision to the contrary in this agreement, CISC Semiconductor shall not be liable to Licensee for any direct, indirect, special or consequential damages, whether in contract, tort or otherwise, arising in connection with this Agreement or the Use of the Software and/or Confidential Information by Licensee, including, without limitation, any lost data, lost revenue or lost profits, business interruption, or procurement costs for substitute goods or services, even if CISC Semiconductor has been advised of the possibility of or could have foreseen such damages. Under no circumstances shall CISC Semiconductor’s cumulative liability to Licensee arising out of or related to this Agreement, whether in contract, tort or otherwise, exceed the total license fees paid by Licensee to CISC Semiconductor hereunder.

Article 5

General

A. NON-DISCLOSURE. Licensee agrees to use means at least equal to but in no event less than reasonable to that used by Licensee to protect its own Confidential Information to prevent unauthorized disclosure or use of CISC Semiconductor’s Confidential Information. Licensee shall not use CISC Semiconductor’s Confidential Information for purposes other than those necessary to carry out the terms of this Agreement and shall limit access to such Confidential Information to those employees with a need to know in the course of their employment.

B. NOTICES. All notices, approvals or consents required or permitted under this Agreement shall be in writing and shall be delivered by personal service, confirmed facsimile, express courier, to CISC Semiconductor at the address set forth herein. All notices shall be deemed effective upon receipt if delivered personally or sent by confirmed facsimile or express courier.

C. CHOICE OF LAW. It is explicitly agreed by the Parties that this Agreement shall not be governed by the United Nations Convention on Contracts for International Sale of Goods and is excluded from this Agreement; rather, this Agreement shall be deemed to have been made in, and shall be construed the according to the laws of Austria.

D. JURIDISDICTION. Unless otherwise stated, disputes in regard to this Agreement will be resolved by the Courts in Klagenfurt/Austria and shall be held in German language.

E. RECOVERY OF FEES AND COSTS. In the event suit is brought by either Party to enforce this Agreement, the prevailing Party shall recover costs and expenses, including, without limitation, reasonable attorneys and experts fees.

F. NO WAIVER. The failure of either Party to enforce any provision of this Agreement for any period of time shall not be deemed a waiver of future enforcement of that or any other provision.

G. ANNOUNCEMENT. Licensee agrees that CISC Semiconductor may issue press releases and other public information identifying Licensee and the amount of the overall contract.

H. SEVERABILITY. If any provision of this Agreement is determined by a court to be, or becomes, invalid, unenforceable or illegal, such provision shall be (1) modified to be made valid, enforceable and legal in such a manner as to best effectuate the intent of the parties at the inception of this Agreement, or (ii) be deemed eliminated where such modification is not practicable; the remainder of this Agreement shall remain in effect in accordance with its terms as modified by such modification or deletion.

I. INJUNCTIVE RELIEF. The parties agree that a material breach of this Agreement adversely affecting CISC Semiconductor’s Intellectual Property Rights in the Software or Confidential Information would cause irreparable injury to CISC Semiconductor for which monetary damages would not be an adequate remedy and CISC Semiconductor shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law.

J. INDEPENDENT CONTRACTORS.The relationship of the Parties to this Agreement is that of independent contractors. Nothing contained in this Agreement shall be construed to constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or to give either party the power to direct or control the day-to-day activities of the other.

K. FORCE MAJURE. Except for the obligation to make payments hereunder, neither party shall be liable for any delay in performance due to unforeseen circumstances or causes beyond its reasonable control, including without limitation acts of God, accident, failure or breakdown of components, labor difficulties or compliance with any law, regulation or order of any governmental body.

L. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding and agreement of the parties regarding the subject matter hereof, and supersedes all prior agreements or representations, oral or written, regarding such subject matter and is valid for all purchase orders or similar actions from September 1st, 2016 onwards. This Agreement may not be modified or amended except in writing signed by a duly authorized representative of the party against whom enforcement is sought.

CISC Semiconductor GmbH, Klagenfurt,AUSTRIA
Revision: August 25th, 2016