Read the following terms and conditions carefully before using the accompanying software. They define your rights and obligations with respect to the below-referenced ADI software and documentation (SOFTWARE) being downloaded by you. If you do not agree to the terms of this agreement, then you may not continue with the download of the SOFTWARE.
USING THE SOFTWARE INDICATES YOUR AGREEMENT WITH AND ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. AN INDIVIDUAL WHO DOES NOT HAVE AUTHORITY TO BIND THE ENTITY USING THE SOFTWARE SHOULD NOT USE THE SOFTWARE WITHOUT OBTAINING APPROVAL OF THIS AGREEMENT FROM A PERSON HAVING SUCH AUTHORITY.
- SOFTWARE LICENSE GRANT Subject to the terms and conditions of this agreement, you are granted a non-exclusive, nonsublicensable, nontransferable, limited license to install and/or use this serialized copy of ADI copyrighted SOFTWARE
YOUR RESTRICTIONS, OBLIGATIONS AND DUTIES
- Use of this SOFTWARE is restricted to the execution of the SOFTWARE on one workstation at a time. You may not have more than one user concurrently access the SOFTWARE unless a separate license has been purchased for additional concurrent users.
- You hereby warrant and represent that your server or network have adequate security to prevent unauthorized access to the SOFTWARE or its output.
- You may make up to two (2) copies to be used only for backup or archival purposes. All copyright notices and legends shall be reproduced on the backup copies.
- The SOFTWARE is confidential and proprietary information of ADI. You may not disclose or transfer any portion of the SOFTWARE, or any output obtained from the SOFTWARE, to any other party for any reason. Upon discontinuation of use of the SOFTWARE or termination of this license, you agree to destroy all copies, including partial copies, of the SOFTWARE.
- You may not disassemble, decompile, reverse engineer or alter the SOFTWARE.
- The SOFTWARE is NOT sold to you; all rights not expressly granted herein, including ownership of the SOFTWARE, are reserved by ADI.
- TERMS, TERMINATION/CANCELLATION ADI may terminate this license upon your failure to comply with any of the terms and conditions of this agreement.
- WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY AND REMEDY
- THE SOFTWARE ITSELF IS PROVIDED TO YOU ON AN "AS IS" BASIS. ADI DOES NOT PROVIDE ANY WARRANTY OR MAKE ANY REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE SOFTWARE MEETS YOUR NEEDS OR EXPECTATIONS, THAT IT WILL FUNCTION AS ANTICIPATED, OR THAT ITS USE WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, ALTHOUGH, TO ITS KNOWLEDGE ADI IS NOT AWARE OF ANY SUCH THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU ASSUME THE FULL RESPONSIBILITY FOR THE SELECTION, USE AND PERFORMANCE OF THE SOFTWARE. ADI MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
- IN NO EVENT WILL ADI BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE. ADI’S TOTAL LIABILITY FROM ANY AND ALL CAUSES SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE OR ONE HUNDRED US DOLLARS ($100.00), WHICHEVER IS GREATER.
- This agreement is the complete and exclusive statement of the agreement between you and ADI and supersedes all prior oral and written communications, agreements, representations, statements and undertakings with respect to the SOFTWARE. No modification, termination, extension, renewal or waiver of, or addition to the terms and conditions of this agreement shall be binding upon ADI unless specifically set forth in writing, and signed by an authorized official of ADI.
- You agree that you will not directly or indirectly export the software to another country, and that you will comply with all applicable United States federal laws and regulations relating to exports.
- Title to the SOFTWARE and all copies and portions thereof shall remain in the copyright holder, and you are obtaining only the limited license set forth in this agreement.
- You may neither assign any right or license granted under this agreement nor delegate any obligation under this agreement.
- This agreement shall be governed by the substantive laws of the Commonwealth of Massachusetts, notwithstanding its choice of law provisions, and you consent to the jurisdiction of the courts of the Commonwealth of Massachusetts for resolution of any dispute involving this agreement. The parties agree that the United Nations Convention on Agreements for the International Sale of Goods is hereby excluded in its entirety from this agreement. You acknowledge that you have read this agreement, that you understand it, and that you agree to be bound by its terms and conditions.
Last updated: June, 2008