Read the following terms and conditions carefully before installing or using the accompanying software. They define your rights and obligations with respect to the above-referenced Analog Devices, Inc. ("Analog Devices") software and documentation (Software) being installed by you. If you do not agree to the terms of this agreement, then you may not continue with the installation 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, nontransferable, limited license to (i) use Software to promote use of Analog Devices NatureVue™ OSD (ii) use, reproduce, have reproduced, sublicense and distribute Software solely for use, demonstration or promotion with Analog Devices products.
YOUR RESTRICTIONS, OBLIGATIONS AND DUTIES
This Software and all graphics in the demonstration are property of Analog Devices and parts or whole of this demonstration may not be re-used or reproduced without proper authorization from Analog Devices. All copyright notices and legends shall be reproduced on any copies you make of the demonstration.
You may not disassemble, decompile, reverse engineer or alter the Software.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY AND REMEDY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE ITSELF IS PROVIDED TO YOU ON AN "AS IS" BASIS. ANALOG DEVICES 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 THE BEST OF ITS KNOWLEDGE ANALOG DEVICES 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. ANALOG DEVICES 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. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, THE LICENSEE AND NOT ANALOG DEVICES ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
IN NO EVENT WILL ANALOG DEVICES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, COMPENSATORY DAMAGES, LOST PROFITS OR LOST DATA. ANALOG DEVICES' TOTAL LIABILITY FROM ANY AND ALL CAUSES SHALL BE LIMITED TO ONE HUNDRED US DOLLARS ($100.00). THE ABOVE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF ANY REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE.
This agreement is the complete and exclusive statement of the agreement between you and Analog Devices 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 Analog Devices unless specifically set forth in writing, and signed by an authorized official of Analog Devices.
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.