License agreement for Saber Models
Analog Devices SABER Macro-model Library, May 2001
Copyright 2001 by Analog Devices, Inc.
This SABER model, and any and all enhancements, modifications, and/or extensions thereto together with any accompanying documentation, (collectively known as the "macro-models"), and the information contained therein, are owned by Analog Devices, Inc. ("ADI") and are protected under United States copyright laws, international treaties and other relevant laws. ADI hereby grants users of these macro-models ("Licensee"), a nonexclusive, nontransferable license to use these macro-models as long as the Licensee abides by the terms of this Agreement.
Before using the macro-models, the Licensee should read this license. If the Licensee does not accept these terms, the user should return to the previous page. BY DOWNLOADING THESE MACRO-MODELS, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.
The Licensee may not sell, loan, rent, lease, license or otherwise distribute the macro-models, in whole, in part, or in modified form, to anyone outside the Licensee's company. Subject to the terms of this Agreement, the Licensee may modify these macro-models to suit his/her specific applications, and make copies of this macro-model for use within his/her company only. Licensee may not use, copy, modify, merge or compile all or any portion of the macro-models except as expressly provided in this Agreement. Licensee shall not remove or alter any ADI copyright or other proprietary notices from the macro-models.
These macro-models are provided "AS IS, WHERE IS, AND WITH NO WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, INFRINGEMENT AND TITLE."
In no event will ADI and/or its suppliers or licensors be liable to Licensee or any third party for any consequential damages (including without limitation lost profits, loss of data or use, or business interruption), or any special, indirect, collateral, incidental, punitive, exemplary or other similar damages in connection with or arising out of the use of these macro-models, even if ADI has been advised of the possibility of such damages. ADI reserves the right to make changes to the products and the macro-models without prior notice.
Licensee hereby provides his/her assurance that Licensee and his/her company shall comply with any US and other government export control regulations whenever Licensee or his/her company exports or reexports this macro-model, or any controlled products or technical data obtained from ADI or any product produced directly from the controlled technical data.
Except as expressly provided in this Agreement, Licensee may not transfer or assign the macro-models or Licensee's rights under this Agreement without first obtaining the prior written consent of ADI.
U.S. Government Restricted Rights
The macro-models and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (C)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (C)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor / manufacturer is Analog Devices, Inc., Three Technology Way, Norwood, MA 02062-9106.
ADI may terminate this Agreement for cause if Licensee has not remedied the following defaults within thirty (30) days of its receipt of a written notice thereof from ADI:
- Licensee fails to meet any of its material obligations under this Agreement, including payment of any fees or royalties; or
- Licensee becomes insolvent or makes a general assignment for the benefit of creditors, or a receiver or similar officer is appointed to take charge of all or part of Licensee's assets and such matter is not resolved within 120 days thereof.
If ADI terminates this Agreement for cause, Licensee shall deliver the macro-models and all copies thereof to ADI within thirty (30) days of the effective termination date.
Each party to this Agreement shall be and remain an independent contractor; and neither party shall have any authority to act or represent itself, directly or by implication, as an agent of the other or in any manner assume or create any obligation on behalf of or in the name of the other, nor shall either be deemed the agent or employee of the other.
All rights and remedies, whether conferred by this Agreement or by any other instrument or by law shall be cumulative, and may be exercised singularly or concurrently. If any provision of this Agreement is held invalid by any law, rule, order or regulation of any government or by the final determination of any court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held invalid.
This Agreement constitutes the entire agreement between the parties on the subject matter of this Agreement and supersedes any previous understandings, commitments or agreements, oral or written, pertaining to the subject matter of this Agreement. This Agreement may not be modified except by a writing signed by authorized representatives of both parties. If either party fails to enforce any term, failure to enforce on that occasion shall not prevent enforcement on any other occasion.
This Agreement is governed by the laws of the Commonwealth of Massachusetts, excluding its conflict of laws provisions.