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+PGI End-User License Agreement

+

+NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING, COPYING OR

+USING THE LICENSED SOFTWARE.  THIS END-USER LICENSE AGREEMENT ("ELA") IS A

+LEGAL AGREEMENT BETWEEN YOU, THE LICENSEE (A SINGLE PERSON, INSTITUTION, OR

+LEGAL ENTITY) ("YOU"), AND STMICROELECTRONICS, N.V., A DUTCH CORPORATION,

+HAVING ITS PRINCIPAL PLACE OF BUSINESS AT STRAWINSKYLAAN 1725, TOWER B 17TH

+FLOOR, 1077 XX AMSTERDAM, THE NETHERLANDS, ACTING FOR THE PURPOSE OF THIS

+ELA THROUGH ITS SWISS BRANCH, 39, CHEMIN DU CHAMP DES FILLES, C. P. 21, CH

+1228 PLAN-LES-OUATES, GENEVA, SWITZERLAND ("ST") FOR THE LICENSED SOFTWARE,

+ASSOCIATED MEDIA, PRINTED MATERIAL, ELECTRONIC DOCUMENTATION OR ANY PORTION

+THEREOF ("SOFTWARE").  ST IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY

+UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS ELA.

+PLEASE READ THE ELA CAREFULLY.  BY DOWNLOADING OR INSTALLING THIS SOFTWARE,

+YOU ACCEPT ALL OF THE TERMS OF THE ELA. PLEASE INDICATE YOUR ACCEPTANCE OF

+ALL OF THE THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF

+THE ELA. IF YOU ARE UNWILLING TO BE BOUND BY ALL OF THE TERMS, PLEASE

+SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE ELA AND THE DOWNLOAD OR

+INSTALL PROCESS WILL STOP.

+

+

+1)	Ownership

+

+	The Software distributed and licensed to You hereunder, including, if

+	and when provided, any updates furnished to You for free or for

+	additional fees, is proprietary to ST or its licensors (ST and

+	licensors hereafter referred to as "Licensor").  The Licensors retain

+	title to and ownership of the Software, including the copy provided

+	herein, and reserve all rights not expressly granted in this ELA.

+

+2)	Granting of License

+

+2A)	Except as set forth in Sections 3 and 4 below, under the terms and

+	conditions of this ELA, You are hereby granted a limited, revocable,

+	nontransferable, and nonexclusive license to use the Software subject

+	to the restrictions and other terms within.  That use must be

+	(i)	only by You,

+	(ii)	only on a computer system running a specific operating system

+		on which the Software is designed to run and for which portions

+		of the Software and subsequent components in the compilation

+		process are intended to produce an executable image ("Target

+		Systems") for which the corresponding fee has been paid,

+	(iii)	only on the network(s) and only by the number of users for

+		which the corresponding fee has been paid, and

+	(iv)	only to target no more than the maximum number of CPUs, or

+		the maximum number of processes, for which the corresponding

+		fee has been paid.

+	Except as set forth in Section 2B below, any other use of the

+	Software is strictly prohibited.

+

+2B)	You may distribute an end-user application that You build with the

+	Software that provides significant functionality distinct from that

+	included with the Software ("End-User Application") to users within

+	Your organization as well as third party users outside Your

+	organization ("Sublicensees") for only such uses and/or Target

+	Systems for which the Software was designed and	intended.  You agree

+	that any sublicense shall not relieve You from Your obligations under

+	this ELA.  The Software includes the run-time files, libraries and

+	executables ("Run-Time Files") that are bound into Your application

+	by the linker or otherwise required by Your application.  You may

+	also distribute separate dynamically-linked or executable Run-Time

+	Files required during the execution of Your End-User Application.

+	Whenever an End-User Application is used internally within Your

+	organization or by outside third parties, You shall contractually

+	require that all Sublicensees abide by the following restrictions:

+	(i)	they shall not use the "PGI", "The Portland Group", "ST", or

+		"STMicroelectronics" name, logo, or trademarks in marketing the

+		End-User Application without prior written permission from ST,

+	(ii)	they will maintain a valid copyright on the End-User

+		Application,

+	(iii)	they will, without limitation, indemnify, hold harmless, and

+		defend ST and other applicable Licensors and their respective

+		affiliates and suppliers from and against any and all claims,

+		lawsuits, costs, and expenses, including attorney's fees, that

+		arise or result from their use or distribution of the End-User

+		Application, and

+	(iv)	they shall strictly prohibit the further distribution of the

+		Run-Time Files by the user of the End-User Application.

+	Notwithstanding the above, the only Run-Time Files that may be

+	distributed as noted in this Section 2B are in the folders or

+	directories whose names begin with "REDIST".

+

+3)	Software from Microsoft

+	

+	You acknowledge that as part of the Software You may receive Run-Time

+	Files in the form of Microsoft Foundation Classes ("MFCs"), Active

+	Template Libraries ("ATLs"), and/or "C" Runtime files ("CRTs") in

+	binary form only ("Microsoft Distributable Code").  Notwithstanding

+	any other provision of this ELA, You acknowledge and agree

+	(A)	that You have a limited right to use the Microsoft

+		Distributable Code to design,	develop, or test for use with the

+		Software only,

+	(B)	that You or Your end-users of the Microsoft Distributable Code

+		may only use it to create programs that run natively on

+		Microsoft platforms, and

+	(C)	to the following restrictions: You and Your end-users:

+		(i)   will not alter any copyright, trademark, patent, or other

+		      legal notice or disclaimer in the Microsoft Distributable

+		      Code,

+		(ii)  will not run the Microsoft Distributable Code on a

+		      platform other than a Microsoft platform, and

+		(iii) will not include Microsoft Distributable Code in

+		      malicious, deceptive, or unlawful programs.

+	Further, You will require end	users of the Microsoft Distributable

+	Code to agree to terms at least as protective as this ELA.

+

+4)	Software from Sun Microsystems and/or Oracle America, Inc.

+

+	You acknowledge that as part of the Software you are receiving access

+	to Java(tm) 2 Runtime Environment (J2RE), version 1.4.2 or subsequent

+	versions ("Java Code").  Notwithstanding any other provision of this

+	ELA, You are hereby granted a limited, revocable, nontransferable,

+	and nonexclusive license, without the right to sublicense, to use the

+	Java Code complete and unmodified for the sole purpose of running

+	Java applets and applications intended to run on the JavaTM 2

+	Platform Standard Edition 5.0 (J2SE 5.0) or subsequent versions on

+	Java-enabled general purpose desktop computers and servers.

+

+5)	Restrictions

+      

+5A)	You may make one (1) copy of the Software in machine-readable form,

+	solely for archival or backup purposes, provided the copyright notice

+	and other proprietary legends on the Software are included on any

+	archival/backup copies.  You may not modify, adapt, translate,

+	reverse engineer, de-compile, disassemble, or create derivative

+	works, in whole or in part, based on the Software.  You may not rent,

+	lease, loan, share, or electronically transfer the Software to

+	others.

+

+5B)	The term "proprietary" as used in this ELA or in the Software does

+	not establish a confidential relationship between the Licensor and

+	You and does not in itself provide You any rights to the Software.

+	You acknowledge that the  Licensors have valuable intellectual

+	property rights in the Software and agree to respect and protect such

+	intellectual property rights.  No right, title, or interest in or to

+	any trademark, service mark, logo or trade name of the Licensors is

+	granted under this ELA.

+

+5C)	You acknowledge and agree that the Software is not designed or

+	intended for use in nuclear activities or life support systems.  The

+	Licensors disclaim any express or implied warranty of fitness for

+	such uses.

+      

+5D)	You will not modify or distribute any of the Software so that any

+	part of it becomes subject to an Excluded License.  As used in this

+	ELA, an "Excluded License" is one that requires, as a condition of

+	use, modification, or distribution, that

+	(i)	the Software be disclosed or distributed in source code form; or

+	(ii)	others have a right to modify it, or

+	(iii)	the Software loses its proprietary nature.

+	Therefore, without the prior written permission of the applicable

+	Licensors, You may not modify the Software directly in any way.  In

+	particular, You may not introduce or commingle with the Software any

+	source or object code that is governed by an open source or public

+	license of any kind.

+

+6)	Limited Warranty  

+

+	THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  TO

+	THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSORS FURTHER

+	DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED

+	WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND

+	NONINFRINGEMENT.  THE ENTIRE RISK ARISING OUT OF THE USE OR

+	PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO

+	THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,  IN NO EVENT SHALL

+	THE LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,

+	SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT

+	LIMITATION, DAMAGES FOR	LOSS OF BUSINESS PROFITS, BUSINESS

+	INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER

+	PECUNIARY LOSS) ARISING OUT OF THIS ELA OR THE USE OF OR INABILITY TO

+	USE THE SOFTWARE, EVEN IF THE LICENSORS HAVE BEEN ADVISED OF THE

+	POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TO THE

+	EXTENT THAT ST MAY BE HELD LEGALLY LIABLE TO YOU BY A COURT OF

+	COMPETENT JURISDICTION UNDER CONTRACT, TORT, OR ANY OTHER LEGAL

+	THEORY, THE MAXIMUM LIABILITY OF THE LICENSORS SHALL NOT EXCEED THE

+	APPLICABLE PURCHASE PRICE OF THE SOFTWARE OR ONE THOUSAND DOLLARS

+	($1,000), WHICHEVER IS GREATER.

+

+7)	Indemnity and Audit

+

+7A)	You agree to indemnify, defend, and hold the Licensors harmless from

+	and against any and all claims, liabilities, damages, penalties,

+	settlements, and costs and expenses (including, without limitation,

+	reasonable attorneys' fees and court or arbitration costs), asserted

+	by any and all third parties (collectively "Claims") against the

+	Licensors, and their respective employees, directors, officers, and

+	agents alleging or resulting from:

+	(i)	Your breach of any term or condition of this ELA;

+	(ii)	alleged or actual infringement of the intellectual property or

+		other proprietary rights of a third party by You or Your

+		sublicensees; unauthorized alteration of the Software or

+		derivative products by You or Your sublicensees;

+	(iii)	combination of the Software or derivative products with other

+		software, products or materials not in accordance with the

+		terms	of this ELA; or

+	(iv)	any acts or omissions by You, Your employees, directors,

+		officers, and agents or sublicensees either under this ELA or

+		outside its scope, including personal injury, death, or

+		property damage to anyone or anything.

+

+7B)	ST reserves the right, upon reasonable prior written notice to You

+	and during Your normal business hours, to audit Your use of the

+	Software and any derivative products made therefrom to confirm Your

+	compliance with the terms of this ELA.

+

+8)	Software Export

+

+	All Software and technical data delivered under this ELA are subject

+	to US export control laws and may be subject to export or import

+	regulations in other countries.  You agree to comply strictly with

+	all such laws and regulations and acknowledge that You have the

+	responsibility to obtain such licenses to export, re-export, or

+	import as may be required after delivery to You.

+

+9)	Software Manuals

+

+	All proprietary documentation provided with the Software is copyrighted

+	and may not be copied, photographed, reproduced, translated or reduced

+	to any electronic medium or machine-readable form in whole or in part

+	without the express, written, prior approval of ST.

+

+10)	Government Use 

+

+	The Software is a "commercial item," as that term is defined at 48

+	C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software"

+	and "commercial computer software documentation," as such terms are

+	used in 48 C.F.R. 12.212 (SEPT 1995) and is provided to the U.S.

+	Government only as a commercial end item.  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 licensees and end users acquire the Software with

+	only those rights set forth herein. 

+

+11)	Termination  

+

+	The license granted to You in this ELA is effective until terminated.

+	The license may be terminated by ST at any time without prior notice.

+	You may terminate the license at any time by returning and/or

+	destroying the Software together with all copies.  Upon termination

+	of the license for any reason, you agree to destroy all copies of the

+	Software.

+      

+12)	Surviving Terms

+

+	In the event this ELA is terminated for any reason, the following

+	provisions shall survive termination and shall remain in full force

+	and effect: 1, 5, 6, 7, 8, 9, 10, 12, and 13.

+

+13)	Controlling Law and Complete Agreement  

+

+	This Agreement shall be construed and interpreted under the laws of

+	the state of New York, not including its conflict of laws principles.

+	If any provision of this ELA, or portion thereof, is found to be

+	unenforceable, that provision shall be enforced to the maximum extent

+	possible and the remainder of this ELA shall continue in full force

+	and effect.

+

+YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ELA AND AGREE TO BE BOUND BY ITS

+TERMS.  YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT

+OF AGREEMENT BETWEEN YOU AND ST AND THAT IT SUPERSEDES ANY PRIOR AGREEMENT,

+ORAL OR WRITTEN, ANY PROPOSAL, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND

+ST RELATING TO THE SUBJECT MATTER OF THIS ELA.

+