LICENSE AGREEMENT FOR THE CYPRESS UTILITY LIBRARY
PLEASE READ THE LICENSING AGREEMENT BELOW. BY USING ANY OF THE LIBRARY UTILITIES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL
AMENDMENTS. READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OF THE SOFTWARE EMBODIED IN THE DISC OR CD-ROM DISTRIBUTED WITH THIS LICENSE AGREEMENT OR, IF DOWNLOADED OR IF PROVIDED AS PART OF ANY COLLECTION, THE DOWNLOADED OR COLLECTED FILES(S) (THE MEDIA).
By purchasing or using the Cypress Utility Library applications, you agree to be bound by all of the terms in this licensing agreement. You may print and keep a copy of this Agreement. Cypress Technologies (Cypress) reserves the right and may change the terms of this Licensing Agreement. When the terms are changed, the changes will appear in this document, which you can access at any time at the Cypress web site.
Embodied in the Media is a CYPRESS UTILITY LIBRARY computer program, and related documentation (the "Software"). Cypress is the licensor under this Agreement and you are the licensee. By using any of the Software, in whole or in part, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly remove the Software from your computer or other media. Title to the Software and all copyrights and other proprietary rights therein are owned by Cypress. All rights therein, except those expressly granted to you in this Agreement, are reserved by Cypress.
1. Limited License
Cypress grants you a non-exclusive, non-transferable license to install and use the Software in a single location on a hard disk or other storage device, to install and use the Software on a file server for use on a network for the purpose of installation onto hard disks or other storage devices, and to make a single archival copy of the Software. In the event you have purchased a limited license for multiple authorized users of the Software (each, an "Authorized User"), then the limited license set forth herein shall extend to each Authorized user of the Software and you may have as many copies of the Software a you have Authorized users. Each of the terms and conditions of this Agreement shall apply to the use of the Software by any Authorized user and you shall be responsible for any breach of this Agreement by any Authorized user.
Under no circumstances may you distribute any unaltered or altered version of the Software through any means, including, without limitation, personal bulletin boards, ftp sites, the Web, floppy disk or other storage device, or under any name, including without limitation, your name, Cypress's name or any third party's name, nor may you modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software, except and only to the extent that doing so is expressly permitted by applicable law notwithstanding this limitation.
This Agreement and your rights hereunder shall automatically terminate if you fail to comply with any provision of this Agreement. Upon such termination, you shall cease all use of the Software. Further you shall delete the Software and destroy any archival copies of the Software and other materials related to the Software in your possession or under your control, or, if downloaded or if provided as part of a collection, you shall cease use of and destroy any and all copies of the Software in your possession or under your control.
2. Additional Restrictions
A. You shall not copy the Software or any component thereof, except for a single archival copy pursuant to paragraph 1 above. You shall not rent, lease, sell or sublicense the Software without written permission from Cypress. Any attempt to do so shall be void and of no effect.
B. You shall not (and shall not permit other persons or entities to) merge, modify, include in other software or translate the Software or any component thereof without written permission from Cypress.
C. You shall not (and shall not permit other persons or entities to) remove or obscure Cypress's copyright, trademark or other proprietary notices or legends from any of the materials contained in this package or downloaded.
3. Disclaimer of Warranty
THE SOFTWARE AND THE MEDIA ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL CYPRESS OR ITS AUTHORIZED DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE MEDIA, EVEN IF CYPRESS OR ITS AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. CYPRESS AND ITS AUTHORIZED DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES OR COSTS, ARISING OUT OF, BUT NOT LIMITED TO, LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE OR THE MEDIA, LOSS OF DATA OR EQUIPMENT, THE COSTS OF RECOVERING SOFTWARE, THE MEDIA, DATA OR EQUIPMENT, THE COST OF SUBSTITUTE SOFTWARE OR THE MEDIA, DATA OR EQUIPMENT OR CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. YOU AGREE THAT THE LIABILITY OF CYPRESS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SOFTWARE OR THE MEDIA SHALL NOT EXCEED THE AMOUNT YOU PAID TO CYPRESS FOR THE USE OF THE SOFTWARE OR THE MEDIA IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
4. U.S. Government Restricted Rights
The Software is licensed subject to RESTRICTED RIGHTS. Use, duplication or disclosure by the Government or any person or entity acting on its behalf is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause at DFARS (48 CFR 252.227-7013) for DoD contracts, in paragraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause in the FAR (48 CFR 52.227-19) for civilian agencies, or in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR, or in other comparable agency clauses.
5. General Provisions
You are responsible for all statements made and acts or omissions that occur while your password or registration key is being used. You may not use the CYPRESS UTILITY LIBRARY for any unlawful purpose. Cypress may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive, as determined by Cypress. Cypress may discontinue or change the Cypress Utility Library, or its availability to you, at any time. This Agreement is personal to you, and you may not assign your rights or obligations to anyone.
Nothing in this Agreement constitutes a waiver of Cypress's rights under U.S. copyright laws or any other Federal, state, local or foreign law. You are responsible for installation, management, and operation of the Software. This Agreement shall be construed, interpreted and governed under the law of the state of California, without reference to principles of choice of law or conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods is inapplicable to this Agreement. The federal and state courts located in California, California shall have sole and exclusive jurisdiction over any action or proceeding arising out of or related to this Agreement, and you hereby expressly consent to the personal jurisdiction of such courts and waive any objection (whether on venue, inconvenience of forum or otherwise) to any such action or proceeding brought in any such court. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
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