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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.
-