00001 END USER LICENSE AGREEMENT
00002 (ATMEL DEMONSTRATIONS AND EXAMPLES)
00003
00004 You ("Customer" or "You") must read this License Agreement (this "Agreement") carefully and
00005 thoroughly before downloading, installing, and/or using any software or content ("Software")
00006 provided herewith. BY DOWNLOADING, INSTALLING AND/OR USING ANY SOFTWARE OR
00007 CONTENT, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE TERMS OF THIS
00008 AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS
00009 AGREEMENT, THEN DO NOT DOWNLOAD, INSTALL/COMPLETE INSTALLATION OF, OR
00010 USE THE SOFTWARE OR CONTENT.
00011
00012 1. Grant of License. Atmel grants Customer a non-exclusive, nontransferable, limited
00013 license: (a) to internally use the Software as a development platform solely in connection with an
00014 Atmel product, (b) to internally modify the source code version of the Software solely as
00015 necessary to serve as a development platform solely in connection with and Atmel product, and (c)
00016 to make one copy of the Software solely for backup purposes. Customer shall (a) not use the
00017 Software for any purpose other than as specifically authorized herein, (b) take all necessary steps
00018 to protect the Software against disclosure to third parties. Customer must attach this License
00019 Agreement to the backup copy which remains the sole property of Atmel.
00020
00021 2. Title. As between the parties, Atmel retains full rights, title, and ownership including all
00022 patents, copyrights, trade secrets, trade names, trademarks, and other intellectual property rights
00023 in and to the Software. Customer agrees to take all reasonable steps to prevent unauthorized
00024 disclosure of the Software.
00025
00026 3. No Other Rights. Except as expressly stated herein, this Agreement does not grant
00027 Customer any rights to patents, copyrights, trade secrets, trade names, trademarks (whether
00028 registered or unregistered), or any other rights, franchises, or licenses in respect of the Software.
00029 CUSTOMER MAY NOT TRANSLATE, DISASSEMBLE, REVERSE ENGINEER OR DECOMPILE
00030 THE SOFTWARE OR ANY COPY, IN WHOLE OR IN PART. ANY UNAUTHORIZED USE,
00031 DUPLICATION, TRANSMISSION, DISTRIBUTION, OR DISCLOSURE OF THE SOFTWARE IS
00032 EXPRESSLY FORBIDDEN.
00033
00034 4. Limited Warranty. ALL SOFTWARE IS PROVIDED "AS IS", "WITH ALL FAULTS", AND
00035 WITH NO WARRANTY WHATSOEVER. ATMEL EXPRESSLY DISLAIMS ALL WARRANTIES,
00036 EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY
00037 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
00038 INFRINGEMENT.
00039
00040 5. Notice and Protection. Customer agrees not to remove or destroy any proprietary
00041 trademark or copyright markings or notices placed upon or contained within the Software or any
00042 related documentation.
00043
00044 6. Export. Customer acknowledges that the certain laws and regulations may restrict the
00045 export and re-export of the Software. Customer will not export or re-export any Software
00046 (including the diskettes, related documentation and/or any hardware peripherals) in any form
00047 without the appropriate United States and foreign governmental approval.
00048
00049 7. Termination. Either Atmel or Customer may terminate this license at any time. The
00050 license will automatically terminate if Customer fails to comply with any of the terms and conditions
00051 of the license. Upon termination for any reason, Customer will immediately destroy or return to
00052 Atmel the Software, including all documentation and all whole or partial copies of the Software.
00053
00054 8. LIMITATION OF LIABILITY. IN NO EVENT SHALL ATMEL BE LIABLE TO CUSTOMER
00055 OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL
00056 DAMAGES ARISING OUT OF THE USE OF THE SOFTWARE EVEN IF ATMEL HAS BEEN
00057 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY
00058 OF ATMEL RELATING TO THIS AGREEMENT EXCEED THE PRICE PAID TO ATMEL
00059 HEREUNDER.
00060
00061 9. General. This Agreement and all transactions concluded hereunder shall be governed by
00062 the laws of the State of California, as such laws are applied to contracts entered into and
00063 performed entirely in California by California residents. Any litigation relating to this Agreement
00064 shall be subject to the exclusive jurisdiction of the state courts located in Santa Clara County,
00065 California, or the federal courts located in the Northern District of California. If any provision of this
00066 Agreement is held to be invalid, illegal or unenforceable, that provision shall be construed in such
00067 a manner that it becomes valid and enforceable and so as to reflect most closely the intent of the
00068 parties in agreeing upon the provision in the first place, and the remaining provisions of this
00069 Agreement shall continue in full force and effect and shall not in any way be affected or impaired
00070 by any such determination of invalidity, illegality or unenforceability.
00071
00072 THIS AGREEMENT IS THE ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN ATMEL AND
00073 CUSTOMER AND SUPERSEDES ALL PRIOR ORAL AND WRITTEN AGREEMENTS AND
00074 COMMUNICATIONS BETWEEN THE PARTIES PERTAINING TO THE SUBJECT MATTER OF
00075 THIS AGREEMENT. NO DIFFERENT OR ADDITIONAL TERMS WILL BE ENFORCEABLE
00076 AGAINST ATMEL UNLESS ATMEL GIVES ITS EXPRESS WRITTEN CONSENT, INCLUDING
00077 AN EXPRESS WAIVER OF THE TERMS OF THIS AGREEMENT.
00078
00079
00080 Atmel Corporation
00081 2325 Orchard Parkway
00082 San Jose, CA 95131
00083 http:
00084