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Maxim Software End-User License Agreement For IBIS MODELING SOFTWARE TOOLS
IMPORTANT! This Software is licensed only on the condition that the licensee (referred to in this Agreement as "YOU or YOUR") agrees with MAXIM INTEGRATED PRODUCTS, INC., a Delaware corporation ("Maxim"), having its principal place of business located at 120 San Gabriel Drive, Sunnyvale, California 94086, to the terms and conditions set forth in the following legal agreement. READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT IF YOU DOWNLOAD THIS SOFTWARE. If You do not agree to the terms contained in this Software License Agreement, do not continue.
1. GRANT OF LICENSE. Maxim grants YOU a nontransferable, nonexclusive, limited license to install, use, access, display, run or otherwise interact with ("RUN") one copy of the file(s) available for download from this website, on a single computer, workstation, terminal or other digital electronic device ("COMPUTER") for internal use only and for the sole purpose of development of printed circuit board designs ("PROGRAM") (the "PURPOSE"). YOU MAY NOT USE, COPY, MODIFY, TRANSFER, REDISTRIBUTE, SUBLICENSE, RESELL, RENT, LEASE, OR LEND THE LICENSED SOFTWARE, IN WHOLE OR IN PART, EITHER SEPARATELY OR INCLUDED WITH ANY PROGRAM. Maxim and/or its licensors reserve all rights not expressly granted under this Agreement.
2. TERM; TERMINATION. This Agreement is effective from the date on which YOU download the LICENSED SOFTWARE. YOU may terminate this Agreement at any time by destroying the LICENSED SOFTWARE. It will also terminate automatically and without notice if YOU fail to comply with any term or condition of this Agreement. Upon termination, YOU must destroy all copies of the LICENSED SOFTWARE. Maxim or MENTOR GRAPHICS may terminate this Agreement immediately should any Software become, or in the opinion of Maxim is likely to become, the subject of a claim of infringement of a patent, trade secret, copyright or other intellectual property right.
3. RESTRICTIONS. Maxim and/or its licensors are the sole and exclusive owners of the LICENSED SOFTWARE and retain all associated intellectual property rights. YOU may not modify any LICENSED SOFTWARE identified as files contained within the downloadable distribution package, which is available from www.iButton.com www.dalsemi.com or www.maxim-ic.com in a compressed format ("COMPRESSED FILE") or any subpackages, including any "DS2119ME_LVD.IBS", "DS2119ME_OFF.IBS" or "DS2119ME_SE.IBS" or any other .IBS file (collectively the "DS2119") file obtained from Maxim. YOU may not post for any reason in whole or in part the LICENSED SOFTWARE on an Internet/Intranet website or transfer any right hereunder except for the rights granted in Section 1 of this Agreement. YOU may only RUN the LICENSED SOFTWARE for the PURPOSE and any other use shall constitute a breach of this Agreement. YOU may not reverse engineer, decompile, disassemble, or electronically transfer the LICENSED SOFTWARE or translate the LICENSED SOFTWARE into another computer language, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. YOU MAY NOT REPRODUCE OR MODIFY ANY PORTION OF THE LICENSED SOFTWARE WITHOUT FIRST OBTAINING A SEPARATE LICENSE FROM Maxim. Source code that may be contained in LICENSED SOFTWARE is provided solely for reference purposes only and subject to all restrictions set forth in this Agreement.
4. SEPARATION OF COMPONENTS. The LICENSED SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.
5. COPYRIGHTS AND TRADEMARKS. YOU are not granted any rights in connection with any copyrights or trademarks of Maxim or its licensors under this Agreement. All title and copyrights in and to the accompanying printed or electronically supplied materials and documentation is owned by Maxim or its licensors. YOU may not copy the printed materials accompanying the LICENSED SOFTWARE. YOU agree to include the copyright notice set forth on the label of the media and embodied in the LICENSED SOFTWARE, on any copy of the LICENSED SOFTWARE in any form, in whole or in part. Maxim or MENTOR GRAPHICS owns any and all trademarks and all Maxim Integrated Products, Inc. or Mentor Graphics related trademarks, service marks, logos and other brand designations ("MARKS"), and YOU agree to comply with the Maxim Trademark and Logo Usage Requirements currently located at www.ibutton.com or www.maxim-ic.com. Any use YOU make of the MARKS inures to the benefit of Maxim or MENTOR GRAPHICS.
6. LIMIT D WARRANTY. The only warranty Maxim makes to YOU in connection with the LICENSED SOFTWARE is that it will be replaced without charge, if Maxim in good faith determines that it was defective and not subject to misuse.
7. WARRANTY DISCLAIMERS. MAXIM MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE LICENSED SOFTWARE AND IT IS LICENSED "AS IS". THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES OR BUG FIXES. YOU ASSUME ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE LICENSED MATERIALS. Maxim AND ITS LICENSORS ASSUME NO RESPONSIBILITIES AND SHALL NOT BE LIABLE TO ANY PARTY FOR ANY CLAIMS WHATSOEVER CAUSED BY USE OF THE LICENSED SOFTWARE.
8. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL Maxim OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF Maxim HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Maxim's liability to Licensee, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by YOU for the LICENSED SOFTWARE under this agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states and/or countries do not allow limitations on how long an implied warranty lasts and some states and/or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state and/or country to country.
9. EXPORT REGULATIONS. The LICENSED SOFTWARE and all technical data delivered under this AGREEMENT 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.
10. U.S. Government Restricted Rights. If the LICENSED SOFTWARE is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the LICENSED SOFTWARE and accompanying documentaiton will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions.)
11. MISCELLANEOUS. This Agreement is the entire agreement between YOU and Maxim relating to the subject matter. It supercedes all prior or contemporaneous oral or written communications, proposals, presentations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. If YOU are acquiring this LICENSED SOFTWARE in the United States, the laws of the state of Texas govern this Agreement. If this LICENSED SOFTWARE was acquired outside the United States, then local law may apply. Should YOU have any questions concerning this Agreement, please contact, Maxim Integrated Products, Inc., Contracts Administration, 120 San Gabriel Drive, Sunnyvale, California 94086.
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