mikroElektronika Associates License Statement and Limited Warranty

IMPORTANT - READ CAREFULLY

This license statement and limited warranty constitute a legal agreement (“License Agreement”) between you (either as an individual or a single entity) and mikroElektronika (“mikroElektronika Associates”) for software product (“Software”) identified above, including any software, media, and accompanying on-line or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING SOFTWARE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.

Upon your acceptance of the terms and conditions of the License Agreement, mikroElektronika Associates grants you the right to use Software in a way provided below.

This Software is owned by mikroElektronika Associates and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyright material (e.g., a book).

You may transfer Software and documentation on a permanent basis provided. You retain no copies and the recipient agrees to the terms of the License Agreement. Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive Software, media or documentation. You acknowledge that Software in the source code form remains a confidential trade secret of mikroElektronika Associates and therefore you agree not to modify Software or attempt to reverse engineer, decompile, or disassemble it, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

If you have purchased an upgrade version of Software, it constitutes a single product with the mikroElektronika Associates software that you upgraded. You may use the upgrade version of Software only in accordance with the License Agreement.

LIMITED WARRANTY
Respectfully excepting the Redistributables, which are provided “as is”, without warranty of any kind, mikroElektronika Associates warrants that Software, once updated and properly used, will perform substantially in accordance with the accompanying documentation, and Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on Software are limited to ninety (90) days.

mikroElektronika Associates’ and its suppliers’ entire liability and your exclusive remedy shall be, at mikroElektronika Associates’ option, either (a) return of the price paid, or (b) repair or replacement of Software that does not meet mikroElektronika Associates’ Limited Warranty and which is returned to mikroElektronika Associates with a copy of your receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED MIKROELEKTRONIKA ASSOCIATES FIRST AND OBTAINED A RETURN AUTHORIZATION NUMBER. This Limited Warranty is void if failure of Software has resulted from an accident, abuse, or misapplication. Any replacement of Software will be warranted for the rest of the original warranty period or thirty (30) days, whichever is longer.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIKROELEKTRONIKA ASSOCIATES AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDED, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

IN NO EVENT SHALL MIKROELEKTRONIKA ASSOCIATES OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS AND BUSINESS INFORMATION, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MIKROELEKTRONIKA ASSOCIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MIKROELEKTRONIKA ASSOCIATES’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR SOFTWARE PRODUCT PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A MIKROELEKTRONIKA ASSOCIATES SUPPORT SERVICES AGREEMENT, MIKROELEKTRONIKA ASSOCIATES’ ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.

HIGH RISK ACTIVITIES
Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Software could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). mikroElektronika Associates and its suppliers specifically disclaim any expressed or implied warranty of fitness for High Risk Activities.

GENERAL PROVISIONS
This statement may only be modified in writing signed by you and an authorised officer of mikroElektronika Associates. If any provision of this statement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.

This statement gives you specific legal rights; you may have others, which vary, from country to country. mikroElektronika Associates reserves all rights not specifically granted in this statement.

mikroElektronika
Voice: +381 11 30 66 377, +381 11 30 66 378
Fax: +381 11 30 66 379
Web: www.mikroe.com
E-mail: office@mikroe.com 
