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| 1 | +END-USER LICENSE AGREEMENT |
| 2 | +IMPORTANT: READ CAREFULLY |
| 3 | +BEFORE AGREEING TO TERMS |
| 4 | + |
| 5 | +THIS PRODUCT CONTAINS CERTAIN COMPUTER PROGRAMS AND OTHER THIRD PARTY |
| 6 | +PROPRIETARY MATERIAL ("LICENSED PRODUCT"), THE USE OF WHICH IS SUBJECT TO THIS |
| 7 | +END-USER LICENSE AGREEMENT. INDICATING YOUR AGREEMENT CONSTITUTES YOUR AND |
| 8 | +(IF APPLICABLE) YOUR COMPANY'S ASSENT TO AND ACCEPTANCE OF THIS END-USER LICENSE |
| 9 | +AGREEMENT (THE "LICENSE" OR "AGREEMENT"). IF YOU DO NOT AGREE WITH ALL OF THE |
| 10 | +TERMS, YOU MUST NOT USE THIS PRODUCT. WRITTEN APPROVAL IS NOT A PREREQUISITE TO |
| 11 | +THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT, AND NO SOLICITATION OF SUCH |
| 12 | +WRITTEN APPROVAL BY OR ON BEHALF OF SILICON LABORATORIES, INC. ("SILICON LABS") |
| 13 | +SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY. IF THESE TERMS ARE |
| 14 | +CONSIDERED AN OFFER BY SILICON LABS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE |
| 15 | +TERMS. |
| 16 | + |
| 17 | +LICENSE AND WARRANTY: The Licensed Product and the embedded Software which is |
| 18 | +made the subject of this License is either the property of SILICON LABS or a |
| 19 | +third party from whom SILICON LABS has the authorization to distribute to you |
| 20 | +subject to the terms of this Agreement. This Licensed Product is protected by |
| 21 | +state, federal, and international copyright law. Although SILICON LABS continues |
| 22 | +to own the Licensed Product and the right to distribute the embedded third party |
| 23 | +Software, you will have certain rights to use the Licensed Product and the |
| 24 | +embedded Software after your acceptance of this License. Except as may be |
| 25 | +modified by a license addendum which accompanies this License, your rights and |
| 26 | +obligations with respect to the use of this Product and the embedded software |
| 27 | +are as follows: |
| 28 | + |
| 29 | +1. AS APPROPRIATE WITH RESPECT TO THE LICENSED PRODUCT, YOU MAY: Use, copy, |
| 30 | + distribute and make derivative works of the Software for any purpose, |
| 31 | + including commercial applications, subject to the following restrictions: |
| 32 | + (i) The origin of this software must not be misrepresented; (ii) you must |
| 33 | + not claim that you wrote the original software; (iii) altered source |
| 34 | + versions must be plainly marked as such, and must not be misrepresented as |
| 35 | + being the original software; and (iv) any notices contained in the Software |
| 36 | + may not be removed or altered, including notices in source code versions. |
| 37 | + |
| 38 | +2. YOU MAY NOT: (A) Sublicense, assign, rent or lease any portion of the |
| 39 | + Licensed Product or the embedded Software; or (B) Remove any product |
| 40 | + identification, copyright or other notices that appear on the Licensed |
| 41 | + Product or embedded Software. |
| 42 | + |
| 43 | +3. Limited Use: Use of any of the Software is strictly limited to use in |
| 44 | + systems containing one or more SILICON LABS products when the Software is |
| 45 | + enabled to be functional. Any unauthorized use is expressly prohibited and |
| 46 | + will constitute a breach of this Agreement. |
| 47 | + |
| 48 | +4. Warranty: SILICON LABS does not warrant that the Licensed Product or |
| 49 | + embedded Software will meet your requirements or that operation of the |
| 50 | + Licensed Product will be uninterrupted or that the embedded Software will be |
| 51 | + error-free. You agree that the Licensed Product is provided "AS IS" and |
| 52 | + that SILICON LABS makes no warranty as to the Licensed Product or embedded |
| 53 | + Software. SILICON LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, |
| 54 | + INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, |
| 55 | + FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, RELATED TO THE |
| 56 | + SOFTWARE, ITS USE OR ANY INABILITY TO USE IT, THE RESULTS OF ITS USE AND |
| 57 | + THIS AGREEMENT. |
| 58 | + |
| 59 | + YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. |
| 60 | + |
| 61 | +5. Disclaimer of Damages: IN NO EVENT WILL SILICON LABS BE LIABLE TO YOU FOR |
| 62 | + ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST |
| 63 | + PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED |
| 64 | + PRODUCT EVEN IF SILICON LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH |
| 65 | + DAMAGES. |
| 66 | + |
| 67 | + SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR |
| 68 | + INCIDENTAL OR CONSEQUENTIAL DAMAGES. SO THE ABOVE LIMITATION OR EXCLUSION |
| 69 | + MAY NOT APPLY TO YOU. |
| 70 | + |
| 71 | + IN NO CASE SHALL SILICON LABS' LIABILITY EXCEED THE PURCHASE PRICE FOR THE |
| 72 | + LICENSED PRODUCT. The disclaimers and limitations set forth above will |
| 73 | + apply regardless of whether you accept the Licensed Software. |
| 74 | + |
| 75 | +6. Term and Termination: The term of this Agreement and the License granted |
| 76 | + herein shall begin upon use of the Licensed Product and continue in |
| 77 | + perpetuity unless you breach any of the obligations set out under this |
| 78 | + Agreement. Upon your breach of this Agreement by you, the license granted |
| 79 | + hereunder shall terminate immediately and you shall cease all use of the |
| 80 | + Licensed Products and return same as well as any copies of the Licensed |
| 81 | + Product and/or embedded Software to SILICON LABS immediately. Termination |
| 82 | + of this License upon your breach is only one remedy available to SILICON |
| 83 | + LABS. In addition to termination of this Agreement upon your breach, |
| 84 | + SILICON LABS shall be entitled to seek any and all other available remedies, |
| 85 | + at law or at equity, arising from your breach. |
| 86 | + |
| 87 | +7. Export: You shall comply with all applicable federal, provincial, state and |
| 88 | + local laws, regulations and ordinances including but not limited to |
| 89 | + applicable U.S. Export Administration Laws and Regulations. You shall not |
| 90 | + export or re-export, or allow the export or re-export of the Licensed |
| 91 | + Product, any component of the Licensed Product, or any copy of the embedded |
| 92 | + Software in violation of any such restrictions, laws or regulations, or to |
| 93 | + Cuba, Libya, North Korea, Iran, Iraq, or Rwanda or to any Group D:1 or E:2 |
| 94 | + country (or any national of such country) specified in the then current |
| 95 | + Supplement No. 1 to Part 740, or, in violation of the embargo provisions in |
| 96 | + Part 746, of the U.S. Export Administration Regulations (or any successor |
| 97 | + regulations or supplement), except in compliance with and with all licenses |
| 98 | + and approvals required under applicable export laws and regulations, |
| 99 | + including without limitation, those of the U.S. Department of Commerce. |
| 100 | + |
| 101 | +8. General: This Agreement will be governed by the laws of the State of Texas |
| 102 | + and any applicable federal laws or regulations. The waiver by either Party |
| 103 | + of any default or breach of this Agreement shall not constitute a waiver of |
| 104 | + any other or subsequent default or breach. This Agreement constitutes the |
| 105 | + complete and exclusive statement of the mutual understanding between you and |
| 106 | + SILICON LABS with respect to this subject matter herein. This Agreement may |
| 107 | + only be modified by a written addendum, which has been signed by both you |
| 108 | + and SILICON LABS. Should you have any questions concerning this Agreement, |
| 109 | + or if you desire to contact SILICON LABS for any reason, please write: |
| 110 | + |
| 111 | +Silicon Laboratories, Inc. |
| 112 | +400 West Cesar Chavez |
| 113 | +Austin, Texas 78701, U.S.A. |
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