ANALOG DEVICES SOFTWARE LICENSE AGREEMENT FOR SOFTWARE MADE AVAILABLE BY DOWNLOAD FOR PRODUCTION PURPOSES
20150909-HMC704x-CTSLAAnalog Devices, Inc. a Massachusetts corporation, with principal offices at Three Technology Way, Norwood, Massachusetts, USA 02062 and its licensors (together "Analog Devices") are willing to license the software and related documentation made available for download from the Analog Devices web site (the "Licensed Software") to you (personally or on behalf of your employer, as applicable) ("Licensee") ONLY IF YOU ACCEPT THIS LICENSE AGREEMENT ("License" or "Agreement") SO AS TO BIND YOURSELF PERSONALLY OR YOUR EMPLOYER TO ITS TERMS. Any use of the Licensed Software other than pursuant to the terms of this License is unlicensed and a violation of applicable copyright and other intellectual property laws.
BEFORE YOU CHOOSE THE "I ACCEPT" BUTTON AT THE BOTTOM OF THIS WINDOW, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENSE. BY CHOOSING THE "I ACCEPT" BUTTON YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF OR YOUR EMPLOYER, AS APPLICABLE, TO THE TERMS OF THIS LICENSE; AND (2) CONSENTING ON BEHALF OF YOURSELF OR AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER, AS APPLICABLE, TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, OR DO NOT REPRESENT THE FOREGOING, CHOOSE THE "I DO NOT ACCEPT" BUTTON, IN WHICH CASE YOU WILL AND MAY NOT DOWNLOAD, INSTALL OR USE THE LICENSED SOFTWARE
Should you have any questions regarding this License, or wish to contact Analog Devices, you must write to: Analog Devices, Inc., Attention: Legal Department, Analog Devices, Inc. Three Technology Way, Norwood, Massachusetts, USA 02062.
Analog Devices, has made this Licensed Software available for use in accordance with the following terms. Any use of the Licensed Software other than pursuant to the terms of this License is unlicensed and a violation of applicable copyright and other intellectual property laws.
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Development License. Subject to terms of this Agreement, Analog Devices grants to Licensee a non-exclusive, non-transferable, non-sublicensable license, without charge, to download, install and use the Licensed Software for integration into Analog Devices products incorporated into Licensee products.
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Distribution License. Subject to the terms of this Agreement, Analog Devices grants to Licensee a non-exclusive, non-transferrable, non-sublicensable license, to copy and distribute Licensed Software in object code form solely for use in Analog Devices products incorporated into Licensee products, directly, through resellers and/or through one or more levels of distribution to end users.
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License to Analog Devices. During the term of this Agreement Licensee grants to Analog Devices (and its affiliates) under any and all Licensee (and its affiliates) patents a non-exclusive, worldwide, fully paid-up, royalty-free license to make, use, sell, import, export, copy, distribute and otherwise exploit Licensed Software in-whole or in-part (including updated versions of Licensed Software), and to directly or indirectly sub-license others to do the same.
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Restrictions. Except as may be necessary for integration of the Licensed Software into Licensee products that use Analog Devices products and distribution thereof, Licensee shall not copy, modify, reverse engineer, decompile, disassemble or create derivative works of Licensed Software. In no event shall Licensee deliver or disclose the Licensed Software apart from Licensee products to any third party without entering into a written license agreement with Analog Devices expressly permitting such distribution. The Licensed Software may not be used with any products other than Analog Devices’ products or for any other purpose.
Licensee shall not use or distribute the Licensed Software in any manner that would cause Licensed Software, in whole or in part to become subject to any terms of an Excluded License. An “Excluded License” means any license, including licenses for “open source” code (as defined by the Free Software Foundation), that requires as a condition of use, modification, and/or distribution of software subject to the Excluded License, that such software or other software combined and/or distributed with such software be (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) redistributable at no charge. The restrictions of this section apply regardless of whether the Licensed Software is intended or designed to run in an environment that includes software under an Excluded License. Any license, agreement or other document issued, entered into or granted by Licensee that purports to apply any Excluded License to any portion of Licensed Software shall be null and void with regard to Licensed Software. Under no circumstances will Licensee offer, provide, distribute, or license any Licensed Software (whether in source code form or object code form) under any form of Excluded License.
All rights not expressly granted in this Agreement are reserved to Analog Devices and its licensors. Analog Devices and its licensors retain all right, title and interest in the Licensed Software and modifications thereof, including all related patent, copyright and other intellectual property rights, and Licensee shall not take any action inconsistent with such ownership. Any use of the Licensed Software for any purpose other than as expressly licensed hereunder is outside the scope of this Agreement. It is agreed that because of the proprietary nature of the Licensed Software, Analog Devices’ remedies at law for a breach by the Licensee of its obligations under this License or for use of the Licensed Software beyond the scope of the license granted herein will be inadequate and that Analog Devices will, in the event of such breach, be entitled to equitable relief, including injunctive relief, without the posting of any bond, in addition to all other remedies provided under this License or available at law.
If Analog Devices elects to make any update, upgrade or new version of the Licensed Software (“Updates”) available to Licensee, such Updates shall be deemed to be Licensed Software under this Agreement. If requested by Analog Devices, Licensee shall only use the latest version of the Licensed Software (including Updates). Analog Devices shall have no obligation to provide support or Updates.
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Publicity. Notwithstanding anything in this Agreement, Licensee may not use any trademark or trade name of Analog Devices or make any public announcement regarding the existence of this Agreement without Analog Devices’ prior written consent. Licensee may not publish or provide the results of any benchmark or comparison tests run on the Licensed Software to any third party without the prior written consent of Analog Devices.
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Feedback. Licensee may from time to time provide suggestions, ideas, comments or other feedback (“Feedback”) to Analog Devices with respect to the Licensed Software. Licensee agrees that all Feedback is and shall be given entirely voluntarily. To the extent Licensee provides such Feedback, however, Licensee hereby grants to Analog Devices a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable license, with the right to sublicense, under Licensee’s intellectual property, to use and disclose Feedback in any manner Analog Devices chooses and to display, perform, copy, make, have made, use, sell, and otherwise dispose of Analog Devices’ and its licensee’s products embodying such Feedback in any manner and via any media Analog Devices chooses, without reference to its source or other obligation to Analog Devices, even if the Feedback is designated as confidential.
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Confidentiality. Licensed Software in source code form and accompanying documentation shall be regarded as “Confidential Information” of Analog Devices and Licensee agrees to protect the confidentiality of Analog Devices’ Confidential Information with at least the same degree of care that it utilizes with respect to its own similar proprietary information (but in no event less than a reasonable degree of care), including without limitation agreeing (i) not to disclose or otherwise permit any other person or entity access to Confidential Information or to use Confidential Information or any part thereof in any form whatsoever, except that such disclosure or access shall be permitted to an employee or consultant of Licensee requiring access to Confidential Information in connection with this Agreement who has signed an agreement obligating the employee/consultant to maintain the confidentiality of confidential information in Licensee’s possession, (ii) to notify Analog Devices promptly and in writing of the circumstances surrounding any suspected possessions, use, or knowledge of Confidential Information other than those authorized by this Agreement, and (iii) not to use Confidential Information for any purpose other than as explicitly set forth herein. Nothing shall restrict Licensee with respect to information or data that is independently developed or is available to the general public otherwise than through any act or default of Licensee.
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Copyright Notice. In no event shall Licensee remove any copyright or other intellectual property notice or other legend contained on or in copies of Licensed Software or displayed by any Licensed Software.
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Third Party Software. The Licensed Software may be accompanied by or include software made available by one or more third parties (“Third Party Software”). Each portion of Third Party Software is subject to its own separate software license terms and conditions (“Third Party Licenses”). The Third Party Licenses for Third Party Software delivered with the Licensed Software may be set forth or identified (by URL or otherwise) in (i) Appendix A to this license (if any), (ii) the applicable software header or footer text, (iii) a text file located in the directory of the applicable Third Party Software component and/or (iv) such other location customarily used for licensing terms. The use of each portion of Third Party Software is subject to the Third Party Licenses, and you agree that your use of any Third Party Software is bound by the applicable Third Party License. You agree to review and comply with all applicable Third Party Licenses prior to any use or distribution of any Third Party Software. Third Party Software is provided on an “as is” basis without any representation, warranty or liability of any kind. Analog Devices (including its licensors) shall have no liability or responsibility for the operation or performance of the Third Party Software and shall not be liable for any damages, costs, or expenses, direct or indirect, arising out of the performance or failure to perform of the Third Party Software. Analog Devices (including its licensors) shall be entitled to the benefit of any and all limitations of liability and disclaimers of warranties contained in the Third Party Licenses.
In the event that Third Party Software has only been provided to you in object code form under this Agreement, and the Third Party License requires distribution of the corresponding source code, you may contact software.licensing@analog.com regarding receiving a copy of such source code.
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Licensee Requirements. Licensee acknowledges that use or distribution of the Licensed Software may require Licensee to obtain licenses to intellectual property or other consents from one or more third parties. Licensee is responsible for obtaining any and all such required licenses, or permissions regarding the Licensed Software and for the performance of any and all required tests or analysis necessary or appropriate for the determination of the suitability of the Licensed Software for its or its customers’ purposes. Licensee shall defend, indemnify and hold Analog Devices, its licensors, and their respective officers, directors, employees and agents (each an “Indemnified Party”) harmless from and against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys’ fees and court costs) in the event that any claim is brought against an Indemnified Party (i) arising or alleged to arise from Licensee’s use or distribution of Licensed Software or Third Party Software, or (ii) on account of Licensee’s failure to obtain any required license or consent to use or distribute Licensed Software or Third Party Software. Licensee shall bear any and all expenses and pay any and all taxes that may be payable in relation to this Agreement.
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Audit. Analog Devices shall have the right upon ten (10) days prior written notice to audit Licensee’s compliance with the terms of this Agreement during normal business hours. In connection with such audit Analog Devices shall have access to all reasonably requested documents, equipment, information and personnel. Licensee shall maintain complete and accurate records of its use of the Licensed Software for a period of at least three years from the applicable use of the Licensed Software.
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License Term; Term of Agreement. This Agreement is effective upon receipt of the Licensed Software and shall continue for three (3) years, unless earlier terminated as permitted in this Agreement. This Agreement will automatically renew for additional one (1) year terms unless indicated otherwise in writing by either of the parties thirty (30) days prior to any renewal date. Licensee may terminate this Agreement at any time by giving written notice to Analog Devices. Analog Devices may terminate this Agreement at any time in the event of any failure by Licensee to comply with any term or condition of the Agreement. In the event of termination, Licensee must permanently delete all copies of Licensed Software and all of its component parts, including any backup or archival copies. Licenses granted to end users prior to termination shall survive. The provisions of Sections 3-22 shall survive any termination or expiration of this Agreement according to their terms.
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DISCLAIMER AND LIMITATION OF WARRANTIES. LICENSED SOFTWARE AND THIRD PARTY SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND ANALOG DEVICES, FOR ITSELF AND ITS LICENSORS, HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE LICENSED SOFTWARE AND THIRD PARTY SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR PARTICULAR PURPOSE AND SYSTEM INTEGRATION; CONDITIONS OF QUALITY AND ACCURACY OF INFORMATIONAL CONTENT; NON-INFRINGEMENT; QUIET ENJOYMENT; AND TITLE. LICENSEE AGREES THAT ANY EFFORTS BY ANALOG DEVICES TO MODIFY OR UPDATE LICENSED SOFTWARE OR THIRD PARTY SOFTWARE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY ANALOG DEVICES WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
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Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW ANALOG DEVICES (INCLUDING ITS LICENSORS) SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO THE LICENSED SOFTWARE, THIRD PARTY SOFTWARE, THEIR USE OR ANY RELATED INFORMATION AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANALOGOUS DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, REVENUE, PROFITS, OR SAVINGS, COMPUTER DAMAGE OR ANY OTHER CAUSE), UNDER ANY LEGAL THEORY (INCLUDING WITHOUT LIMITATION CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT OR PRODUCT LIABILITY), EVEN IF IT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ANALOG DEVICES’ OR ITS LICENSORS’ CUMULATIVE LIABILITY FOR DAMAGES TO LICENSEE FOR ANY AND ALL CAUSES WHATSOEVER, REGARDLESS OF THE FORM OF ANY CLAIMS OR ACTIONS, EXCEED THE GREATER OF (1) ONE HUNDRED U.S. DOLLARS ($100.00 U.S.) OR (2) THE AMOUNT PAID TO ANALOG DEVICES HEREUNDER FOR THE LICENSED SOFTWARE.
Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Licensee. In such jurisdictions, Analog Devices' liability is limited to the greatest extent permitted by law.
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HIGH RISK APPLICATIONS. THE LICENSED SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING, WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR CONTROL SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGES (“HIGH RISK ACTIVITIES”). LICENSED SOFTWARE IS NOT DESIGNED, AUTHORIZED, OR WARRANTED TO BE SUITABLE FOR USE IN CONNECTION WITH HIGH RISK ACTIVITIES. USE OF LICENSED SOFTWARE IN CONNECTION WITH HIGH RISK ACTIVITIES IS UNDERSTOOD TO BE FULLY AT LICENSEE’S RISK.
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Choice of Law. This Agreement and any dispute related to the Licensed Software shall be governed by the laws of the Commonwealth of Massachusetts, United States of America, without reference to its principles of conflicts of laws, and, as to matters affecting copyrights, trademarks and patents, in addition, by applicable United States federal law. The parties agree that the jurisdiction and venue of any action with respect to this Agreement shall be in a court of competent subject matter jurisdiction located in the Commonwealth of Massachusetts, and each of the parties hereby agrees to submit itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action, except that Analog Devices may seek injunctive relief in any venue of its choosing. Licensee hereby submits to personal jurisdiction in such courts. The parties hereto specifically exclude the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act from this Agreement and any transaction between them that may be implemented in connection with this Agreement. The original of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or to have this Agreement written in any language other than English.
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U.S. Government Restricted Rights. Licensed Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement, as applicable. The contractor/manufacturer of this Licensed Software is Analog Devices, Inc., One Technology Way, Norwood, Massachusetts 02062 USA, or its authorized licensors.
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Export. Licensee shall not export, directly or indirectly, Licensed Software, or other information or materials provided by Analog Devices or its suppliers hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. Licensee shall defend indemnify and hold harmless Analog Devices from and against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of any failure by Licensee to comply with this Section.
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Compliance with Laws of Other Jurisdictions. Licensee shall comply with all laws, legislation, rules, regulations, governmental requirements and industry standards with respect to Licensed Software, and the performance by Licensee of its obligations hereunder, existing in any applicable jurisdiction.
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Assignment. This Agreement is personal to Licensee and Licensee may not transfer, sublicense, lease, rent, or assign its rights under this License, and any such attempt shall be null and void. Analog Devices may assign, transfer, or sublicense this Agreement or any rights or obligations hereunder at any time in its sole discretion.
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Waiver; Modification; Severability. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. If any provision of this Agreement is unenforceable, such provision shall be enforced to the extent possible under applicable law, and the remaining provisions will remain in effect.
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Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein. If, for any reason, any provision of this Agreement is held invalid, such invalidity shall not affect the remainder of this Agreement, and this Agreement shall continue in force and effect to the full extent allowed by law.
Appendix A – Third Party Licenses
Python 2.7
This distribution makes use of Python 2.7 which is available for download at https://www.python.org/ and is subject to the Python 2.7 license reproduced below and also available at https://www.python.org/download/releases/2.7/license/.
Python 2.7 License
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HISTORY OF THE SOFTWARE
Python was created in the early 1990s by Guido van Rossum at Stichting Mathematisch Centrum (CWI, see http://www.cwi.nl) in the Netherlands as a successor of a language called ABC. Guido remains Python's principal author, although it includes many contributions from others.
In 1995, Guido continued his work on Python at the Corporation for National Research Initiatives (CNRI, see http://www.cnri.reston.va.us) in Reston, Virginia where he released several versions of the software.
In May 2000, Guido and the Python core development team moved to BeOpen.com to form the BeOpen PythonLabs team. In October of the same year, the PythonLabs team moved to Digital Creations (now Zope Corporation, see http://www.zope.com). In 2001, the Python Software Foundation (PSF, see http://www.python.org/psf/) was formed, a non-profit organization created specifically to own Python-related Intellectual Property. Zope Corporation is a sponsoring member of the PSF.
All Python releases are Open Source (see http://www.opensource.org for the Open Source Definition). Historically, most, but not all, Python releases have also been GPL-compatible; the table below summarizes the various releases.
Release Derived From Year Owner GPL-
Compatible? (1)0.9.0 thru 1.2 1991-1995 CWI yes 1.3 thru 1.5.2 1.2 1995-1999 CNRI yes 1.6 1.5.2 2000 CNRI no 2.0 1.6 2000 BeOpen.com no 1.6.1 1.6 2001 CNRI yes (2) 2.1 2.0+1.6.1 2001 PSF no 2.0.1 2.0+1.6.1 2001 PSF yes 2.1.1 2.1+2.0.1 2001 PSF yes 2.2 2.1.1 2001 PSF yes 2.1.2 2.1.1 2002 PSF yes 2.1.3 2.1.2 2002 PSF yes 2.2.2 2.2.1 2002 PSF yes 2.2.3 2.2.2 2003 PSF yes 2.3 2.2.2 2002-2003 PSF yes 2.3.1 2.3 2002-2003 PSF yes 2.3.2 2.3.1 2002-2003 PSF yes 2.3.3 2.3.2 2002-2003 PSF yes 2.3.4 2.3.3 2004 PSF yes 2.3.5 2.3.4 2005 PSF yes 2.4 2.3 2004 PSF yes 2.4.1 2.4 2005 PSF yes 2.4.2 2.4.1 2005 PSF yes 2.4.3 2.4.2 2006 PSF yes 2.5 2.4 2006 PSF yes 2.7 2.6 2010 PSF yes
Footnotes:
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GPL-compatible doesn't mean that we're distributing Python under the GPL. All Python licenses, unlike the GPL, let you distribute a modified version without making your changes open source. The GPL-compatible licenses make it possible to combine Python with other software that is released under the GPL; the others don't.
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According to Richard Stallman, 1.6.1 is not GPL-compatible, because its license has a choice of law clause. According to CNRI, however, Stallman's lawyer has told CNRI's lawyer that 1.6.1 is "not incompatible" with the GPL.
Thanks to the many outside volunteers who have worked under Guido's direction to make these releases possible.
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TERMS AND CONDITIONS FOR ACCESSING OR OTHERWISE USING PYTHON
PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
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This LICENSE AGREEMENT is between the Python Software Foundation ("PSF"), and the Individual or Organization ("Licensee") accessing and otherwise using this software ("Python") in source or binary form and its associated documentation.
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Subject to the terms and conditions of this License Agreement, PSF hereby grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use Python alone or in any derivative version, provided, however, that PSF's License Agreement and PSF's notice of copyright, i.e., "Copyright (c) 2001, 2002, 2003, 2004, 2005, 2006 Python Software Foundation; All Rights Reserved" are retained in Python alone or in any derivative version prepared by Licensee.
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In the event Licensee prepares a derivative work that is based on or incorporates Python or any part thereof, and wants to make the derivative work available to others as provided herein, then Licensee hereby agrees to include in any such work a brief summary of the changes made to Python.
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PSF is making Python available to Licensee on an "AS IS" basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
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PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
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This License Agreement will automatically terminate upon a material breach of its terms and conditions.
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Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between PSF and Licensee. This License Agreement does not grant permission to use PSF trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party.
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By copying, installing or otherwise using Python, Licensee agrees to be bound by the terms and conditions of this License Agreement.
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BEOPEN.COM LICENSE AGREEMENT FOR PYTHON 2.0
BEOPEN PYTHON OPEN SOURCE LICENSE AGREEMENT VERSION 1
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This LICENSE AGREEMENT is between BeOpen.com ("BeOpen"), having an office at 160 Saratoga Avenue, Santa Clara, CA 95051, and the Individual or Organization ("Licensee") accessing and otherwise using this software in source or binary form and its associated documentation ("the Software").
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Subject to the terms and conditions of this BeOpen Python License Agreement, BeOpen hereby grants Licensee a non-exclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use the Software alone or in any derivative version, provided, however, that the BeOpen Python License is retained in the Software, alone or in any derivative version prepared by Licensee.
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BeOpen is making the Software available to Licensee on an "AS IS" basis. BEOPEN MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, BEOPEN MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
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BEOPEN SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
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This License Agreement will automatically terminate upon a material breach of its terms and conditions.
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This License Agreement shall be governed by and interpreted in all respects by the law of the State of California, excluding conflict of law provisions. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between BeOpen and Licensee. This License Agreement does not grant permission to use BeOpen trademarks or trade names in a trademark sense to endorse or promote products or services of Licensee, or any third party. As an exception, the "BeOpen Python" logos available at http://www.pythonlabs.com/logos.html may be used according to the permissions granted on that web page.
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By copying, installing or otherwise using the software, Licensee agrees to be bound by the terms and conditions of this License Agreement.
CNRI LICENSE AGREEMENT FOR PYTHON 1.6.1
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This LICENSE AGREEMENT is between the Corporation for National Research Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191 ("CNRI"), and the Individual or Organization ("Licensee") accessing and otherwise using Python 1.6.1 software in source or binary form and its associated documentation.
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Subject to the terms and conditions of this License Agreement, CNRI hereby grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use Python 1.6.1 alone or in any derivative version, provided, however, that CNRI's License Agreement and CNRI's notice of copyright, i.e., "Copyright (c) 1995-2001 Corporation for National Research Initiatives; All Rights Reserved" are retained in Python 1.6.1 alone or in any derivative version prepared by Licensee. Alternately, in lieu of CNRI's License Agreement, Licensee may substitute the following text (omitting the quotes): "Python 1.6.1 is made available subject to the terms and conditions in CNRI's License Agreement. This Agreement together with Python 1.6.1 may be located on the Internet using the following unique, persistent identifier (known as a handle): 1895.22/1013. This Agreement may also be obtained from a proxy server on the Internet using the following URL: http://hdl.handle.net/1895.22/1013".
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In the event Licensee prepares a derivative work that is based on or incorporates Python 1.6.1 or any part thereof, and wants to make the derivative work available to others as provided herein, then Licensee hereby agrees to include in any such work a brief summary of the changes made to Python 1.6.1.
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CNRI is making Python 1.6.1 available to Licensee on an "AS IS" basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON 1.6.1 WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
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CNRI is making Python 1.6.1 available to Licensee on an "AS IS" basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON 1.6.1 WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
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CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON 1.6.1 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON 1.6.1, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
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This License Agreement will automatically terminate upon a material breach of its terms and conditions.
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This License Agreement shall be governed by the federal intellectual property law of the United States, including without limitation the federal copyright law, and, to the extent such U.S. federal law does not apply, by the law of the Commonwealth of Virginia, excluding Virginia's conflict of law provisions. Notwithstanding the foregoing, with regard to derivative works based on Python 1.6.1 that incorporate non-separable material that was previously distributed under the GNU General Public License (GPL), the law of the Commonwealth of Virginia shall govern this License Agreement only as to issues arising under or with respect to Paragraphs 4, 5, and 7 of this License Agreement. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between CNRI and Licensee. This License Agreement does not grant permission to use CNRI trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party.
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By clicking on the "ACCEPT" button where indicated, or by copying, installing or otherwise using Python 1.6.1, Licensee agrees to be bound by the terms and conditions of this License Agreement.
ACCEPT
CWI LICENSE AGREEMENT FOR PYTHON 0.9.0 THROUGH 1.2
Copyright (c) 1991 - 1995, Stichting Mathematisch Centrum Amsterdam, The Netherlands. All rights reserved.
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 that copyright notice and this permission notice appear in supporting documentation, and that the name of Stichting Mathematisch Centrum or CWI not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission.
STICHTING MATHEMATISCH CENTRUM DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL STICHTING MATHEMATISCH CENTRUM 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.
wxPython3.0 from www.wxpython.org
This distribution makes use of wxPython3.0 which is available for download at http://www.wxpython.org/download.php and is subject to the wxWindows Library License, Version 3.1 reproduced below.
Note: The special exception applies to this distribution.
wxWindows Library Licence, Version 3.1
Copyright (c) 1998-2005 Julian Smart, Robert Roebling et al
Everyone is permitted to copy and distribute verbatim copies of this licence document, but changing it is not allowed.
WXWINDOWS LIBRARY LICENCE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
This library is free software; you can redistribute it and/or modify it under the terms of the GNU Library General Public Licence as published by the Free Software Foundation; either version 2 of the Licence, or (at your option) 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 Licence for more details.
You should have received a copy of the GNU Library General Public Licence along with this software, usually in a file named COPYING.LIB. If not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA.
EXCEPTION NOTICE
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As a special exception, the copyright holders of this library give permission for additional uses of the text contained in this release of the library as licenced under the wxWindows Library Licence, applying either version 3.1 of the Licence, or (at your option) any later version of the Licence as published by the copyright holders of version 3.1 of the Licence document.
- The exception is that you may use, copy, link, modify and distribute under your own terms, binary object code versions of works based on the Library.
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If you copy code from files distributed under the terms of the GNU General Public Licence or the GNU Library General Public Licence into a copy of this library, as this licence permits, the exception does not apply to the code that you add in this way. To avoid misleading anyone as to the status of such modified files, you must delete this exception notice from such code and/or adjust the licensing conditions notice accordingly.
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If you write modifications of your own for this library, it is your choice whether to permit this exception to apply to your modifications. If you do not wish that, you must delete the exception notice from such code and/or adjust the licensing conditions notice accordingly.
FTDI drivers from Future Technology Devices International Ltd
This distribution includes FTDI drivers which are available for download at http://www.ftdichip.com/Drivers/CDM/CDM%20v2.12.00%20WHQL%20Certified.exe and are subject to the FDI Driver License Terms reproduced below.
FTDI Notice
This software is provided by Future Technology Devices International Limited ``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 future technology devices international limited 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.
FTDI drivers may be used only in conjunction with products based on FTDI parts.
FTDI drivers may be distributed in any form as long as license information is not modified. If a custom vendor ID and/or product ID or description string are used, it is the responsibility of the product manufacturer to maintain any changes and subsequent WHCK re-certification as a result of making these changes.
For more detail on FTDI Chip Driver licence terms, please click here.
FTDI Driver License Terms
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE INSTALLING THE RELEVANT SOFTWARE: This licence agreement ("Licence") is a legal agreement between you ("Licencee" or "you") and Future Technology Devices International Limited of 2 Seaward Place, Centurion Business Park, Glasgow, Scotland, G41 1HH (UK Company Number SC136640) ("Licensor" or "we) for use of driver software provided by the Licensor ("Software").
BY INSTALLING OR USING THIS SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE INSTALLATION OF THE SOFTWARE NOW.
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Grant and scope of licence
1.1 In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable, royalty free licence to use the Software on the terms of this Licence.
1.2 In this Licence a "Genuine FTDI Component" means an item of hardware that was manufactured for, and sold by, the Licensor or a member of the Licensor's group of companies. It does not include any counterfeit or fake products.
1.3 If you are a manufacturer of a device that includes a Genuine FTDI Component (each a "Device") then you may install the Software onto that device. If you are a seller or distributor of a Device then You may distribute the Software with the Device. If you are a user of a Device then you may install the Software on the Device, or onto a computer system in order to use the Device.
1.4 In each of those cases you may:
1.4.1 install and use the Software for your purposes only; and
1.4.2 only use the Software in conjunction with products based on and/or incorporating a Genuine FTDI Component.
1.5 The Software will not function properly on or with a component that is not a Genuine FTDI Component. Use of the Software as a driver for, or installation of the Software onto, a component that is not a Genuine FTDI Component, including without limitation counterfeit components, MAY IRRETRIEVABLY DAMAGE THAT COMPONENT. It is the Licensee's responsibility to make sure that all chips it installs the Software on, or uses the Software as a driver for, are Genuine FTDI Components. If in doubt then contact the Licensor.
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If a custom vendor ID and/or product ID or description string are used, it is the responsibility of the product manufacturer to maintain any changes and subsequent WHQL re-certification as a result of making these changes.
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Licensee's undertakings
3.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:
3.1.1 not to copy the Software, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
3.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or any part of it;
3.1.3 not to make alterations to, or modifications of, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
3.1.4 not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software;
3.1.5 to keep all copies of the Software secure;
3.1.6 to include the copyright notice of the Licensor on all entire and partial copies of the Software in any form; and
3.1.7 not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person.
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Intellectual property rights
4.1 You acknowledge that all intellectual property rights in the Software throughout the world belong to the Licensor, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Licence.
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Warranty
5.1 To the maximum extent permitted by applicable law, the software is provided "as is".
5.2 All implied warranties, implied conditions and/or implied licences are excluded from this Licence, including but not limited to implied warranties of quality and/or fitness for purpose (in all cases) to the fullest extent permitted by law.
5.3 You acknowledge that the Software has not been developed to meet your individual requirements and that the Software may not be uninterrupted or free of bugs or errors.
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Licensor's liability
6.1 To the maximum extent permitted by applicable law, in no event shall the Licensor be liable for any:
6.1.1 special loss or damage;
6.1.2 incidental loss or damage;
6.1.3 indirect or consequential loss or damage:
6.1.4 loss of income;
6.1.5 loss of business;
6.1.6 loss of profits;
6.1.7 loss of revenue;
6.1.8 loss of contracts;
6.1.9 business interruption;
6.1.10 loss of the use of money or anticipated savings;
6.1.11 loss of information;
6.1.12 loss of opportunity;
6.1.13 loss of goodwill or reputation; and/or
6.1.14 loss of, damage to or corruption of data;
(in each case) of any kind howsoever arising and whether caused by delict (including negligence), breach of contract or otherwise.
6.2 FTDI's total liability to you in relation to the Software shall not exceed 500 US Dollars.
6.3 Nothing in this Licence limits or excludes liability for death or personal injury or for fraud.
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Termination
7.1 The Licensor may terminate this Licence immediately if:
7.1.1 you fail to comply with any of the terms and conditions of the Licence; or
7.1.2 you commence or participate in any legal proceedings against the Licensor.
7.2 Upon termination:
7.2.1 all rights granted to you under this Licence shall cease;
7.2.2 you must cease all activities authorised by this Licence; and
7.2.3 you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy all copies of the Software then in your possession, custody or control.
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Transfer of rights and obligations
8.1 You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it.
8.2 The Licensor may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of his rights or obligations arising under it, at any time during the term of the Licence.
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Waiver
9.1 If the Licensor fails, at any time during the term of this Licence, to insist on strict performance of any of your obligations under this Licence, or if the Licensor fails to exercise any of the rights or remedies to which he is entitled under this Licence, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
9.2 A waiver by the Licensor of any default shall not constitute a waiver of any subsequent default.
9.3 No waiver by the Licensor of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
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Severability
If any of the terms of this Licence are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
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Entire agreement
11.1 This Licence constitutes the whole agreement between us and supersedes any previous arrangement, understanding or agreement between us, relating to the licensing of the Software.
11.2 Each party acknowledges that in entering into this Licence it does not rely on any statement, representation, warranty or understanding other than those expressly set out in this Licence. Each party agrees that it will have no remedy in respect of any statement, representation, warranty or understanding that is not expressly set out in this Licence. Each party agrees that its only remedy in respect of those representations, statements, assurances and warranties that are set out in this Licence will be for breach of contract in accordance with the terms of this Licence.
11.3 The parties agree that nothing in this Licence will limit or exclude any liability they may have for fraud.
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Miscellaneous
12.1 This Licence does not create a partnership or joint venture between the parties to it, nor authorise a party to act as agent for the other.
12.2 This Licence does not create any legal rights enforceable by any third party.
12.3 This Licence may only be varied by express written legal agreement between the parties.
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Law and jurisdiction
This Licence, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scots law and submitted to the non-exclusive jurisdiction of the Scottish courts.
The vcredist_x86.exe and vcredist_x64.exe are part of the MICROSOFT VISUAL C++ 2010 Program. The executables are delivered consistent with the guidance provided by Microsoft on the following webpages: https://msdn.microsoft.com/en-us/library/dd293575(v=vs.100).aspx, https://msdn.microsoft.com/en-us/library/ms235299(v=vs.100).aspx and https://msdn.microsoft.com/en-us/vstudio/hh857605. You may not (i) disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval; (ii) work around any technical limitations in the software; (iii) reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; (iv) publish the software for others to copy; (v) rent, lease or lend the software; (vi) transfer the software to any third party; or (vii) use the software for commercial software hosting services. You must comply with all domestic and international export laws and regulations that apply to the software.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL C++ 2010 RUNTIME LIBRARIES
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
- updates,
- supplements,
- Internet-based services, and
- support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
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INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
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SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
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disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval;
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work around any technical limitations in the software;
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reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
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make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
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publish the software for others to copy;
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rent, lease or lend the software;
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transfer the software or this agreement to any third party; or
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use the software for commercial software hosting services.
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BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
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DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
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EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
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SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
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ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
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APPLICABLE LAW.
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United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
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Outside the United States. If you acquired the software in any other country, the laws of that country apply.
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LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
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DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
- anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.