END-USER LICENSE AGREEMENT
IMPORTANT: READ CAREFULLY
BEFORE AGREEING TO TERMS
THIS PRODUCT CONTAINS CERTAIN COMPUTER PROGRAMS AND OTHER THIRD PARTY PROPRIETARY
MATERIAL (“LICENSED PRODUCT”), THE USE OF WHICH IS SUBJECT TO THIS END-USER LICENSE
AGREEMENT. INDICATING YOUR AGREEMENT CONSTITUTES YOUR AND (IF APPLICABLE) YOUR
COMPANY'S ASSENT TO AND ACCEPTANCE OF THIS END-USER LICENSE AGREEMENT (THE
"LICENSE" OR "AGREEMENT"). IF YOU DO NOT AGREE WITH ALL OF THE TERMS, YOU MUST NOT
USE THIS PRODUCT. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR
ENFORCEABILITY OF THIS AGREEMENT, AND NO SOLICITATION OF SUCH WRITTEN APPROVAL BY
OR ON BEHALF OF SILICON LABORATORIES, INC. (“SILABS”) SHALL BE CONSTRUED AS AN
INFERENCE TO THE CONTRARY. IF THESE TERMS ARE CONSIDERED AN OFFER BY SILABS,
ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
LICENSE AND WARRANTY: The Licensed Product and the embedded Software which is made
the subject of this License is either the property of SILABS or a third party from
whom SILABS has the authorization to distribute to you subject to the terms of this
Agreement. This Licensed Product is protected by state, federal, and international
copyright law. Although SILABS continues to own the Licensed Product and the right
to distribute the embedded third party Software, you will have certain rights to
use the Licensed Product and the embedded Software after your acceptance of this
License. Except as may be modified by a license addendum which accompanies this
License, your rights and obligations with respect to the use of this Product and
the embedded software are as follows:
1. AS APPROPRIATE WITH RESPECT TO THE LICENSED PRODUCT, YOU MAY: (A) Use only one
copy of any version of the Licensed Product and the Software embedded therein, or
contained on the enclosed CD-ROM or floppy disk or downloaded from the Internet or
any other online source on a single computer; (B) Install the Software from its
original distribution medium onto another computer so long as any other copies of
the software are deleted or otherwise made irreversibly inoperative;(C) Make copies
of the Software for the sole purpose of incorporating the Software into Licensee’s
products; (D) Distribute copies of the Software , provided the Software is
incorporated into Licensee’s product and is not distributed as a stand alone
product.
2. YOU MAY NOT: (A) Sublicense, assign, rent or lease any portion of the Licensed
Product or the embedded Software as a stand alone product;(B) Reverse engineer,
decompile, disassemble, modify, translate, make any attempt to discover the source
code of the Licensed Product or embedded Software, or modify the Licensed Product
or embedded Software for the purpose of distributing same as a stand alone product;
or,(C) Remove any product identification, copyright or other notices that appear on
the Licensed Product or embedded Software;
3. Limited Use: Use of any of the third party software embedded in the Licensed
Product is strictly limited to non-commercial evaluation purposes. The license
granted in this Agreement does not permit you to use any of the third party
embedded software for commercial purposes and such unauthorized use is expressly
prohibited and will constitute a breach of this Agreement.
4. Warranty: SILABS does not warrant that the Licensed Product or embedded
Software will meet your requirements or that operation of the Licensed Product will
be uninterrupted or that the embedded Software will be error-free. You agree that
the Licensed Product is provided "AS IS" and that SILABS makes no warranty as to
the Licensed Product or embedded Software. SILABS DISCLAIMS ALL WARRANTIES,
1
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, RELATED TO
THE SOFTWARE, ITS USE OR ANY INABILITY TO USE IT, THE RESULTS OF ITS USE AND THIS
AGREEMENT.
YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
5. Disclaimer of Damages: IN NO EVENT WILL SILABS BE LIABLE TO YOU FOR ANY
SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR
LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED PRODUCT EVEN IF
SILABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO CASE SHALL SILABS' LIABILITY EXCEED THE PURCHASE PRICE FOR THE LICENSED
PRODUCT. The disclaimers and limitations set forth above will apply regardless of
whether you accept the Licensed Software.
6. Term and Termination: The term of this Agreement and the License granted
herein shall begin upon use of the Licensed Product and continue in perpetuity
unless you breach any of the obligations set out under this Agreement. Upon your
breach of this Agreement by you, the license granted hereunder shall terminate
immediately and you shall cease all use of the Licensed Products and return same as
well as any copies of the Licensed Product and/or embedded Software to SILABS
immediately. Termination of this License upon your breach is only one remedy
available to SILABS. In addition to termination of this Agreement upon your breach,
SILABS shall be entitled to seek any and all other available remedies, at law or at
equity, arising from your breach.
7. Export: You shall comply with all applicable federal, provincial, state and
local laws, regulations and ordinances including but not limited to applicable U.S.
Export Administration Laws and Regulations. You shall not export or re-export, or
allow the export or re-export of the Licensed Product, any component of the
Licensed Product, or any copy of the embedded Software in violation of any such
restrictions, laws or regulations, or to Cuba, Libya, North Korea, Iran, Iraq, or
Rwanda or to any Group D:1 or E:2 country (or any national of such country)
specified in the then current Supplement No. 1 to Part 740, or, in violation of the
embargo provisions in Part 746, of the U.S. Export Administration Regulations (or
any successor regulations or supplement), except in compliance with and with all
licenses and approvals required under applicable export laws and regulations,
including without limitation, those of the U.S. Department of Commerce.
8. General: This Agreement will be governed by the laws of the State of Texas and
any applicable federal laws or regulations. The waiver by either Party of any
default or breach of this Agreement shall not constitute a waiver of any other or
subsequent default or breach. This Agreement constitutes the complete and exclusive
statement of the mutual understanding between you and SILABS with respect to this
subject matter herein. This Agreement may only be modified by a written addendum,
which has been signed by both you and SILABS. Should you have any questions
concerning this Agreement, or if you desire to contact SILABS for any reason,
please write:
Silicon Laboratories, Inc.
4635 Boston Lane
Austin, Texas 78741,U.S.A.