Cypresslogic: LicenseT

EVALUATION LICENSE

This license applies to the evaluation version of ObjectView Standard Edition and/or ObjectView Professional Edition. If you have purchased a license for either registered versions of ObjectView, please see the End-User License Agreement.

IMPORTANT - READ CAREFULLY:

This End-User License Agreement ("EULA") is a legal agreemlnt between you (either an individual or single entity) and Cypresslogic Systems, Inc. for the ObjectView and associated media, printed materials, and "online" or electronic documentation. By installing, copying, downloading, accessing, or otherwise using the Software Product (defined below), you agree to be bound by the terms of this EULA. If you do not agree to the terms of the EULA, do not install, copy, download, access, or otherwise use the Software Product.

1. DEFINITIONS

"ObjectView Application" means any application, program, or system which is created in whole or in part through use of the Software Product.

"Program Documentation" means all user manuals, handbooks, and other written materials, whether in written or electronic form, relating to the ObjectView.

"Softwlre Product" means the ObjectView of Cypresslogic Systems, Inc., consisting of instructions or statements in machine-readable object code, and all Program Documentation relating thereto.

"Use" means:

(a) copying of all or any portion of the Software Product from storage units or media to any Workstation for the processing of any instructions or statements contained in the Software Product; or

(b) utilizing all or any portion of the Software Product; solely for the purposes, and subject to the limitations, set out in section 2.

"Workstation" means any microcomputer or other configuration of input/output equipment at which a single operator works.

2. EVALUATION AND REGISTRATION

This is not free software. Subject to the terms below, you are hereby licensed to use this software for evaluation purposes only. Please note that any other use of this product is in violation of U.S. and international copyright laws. Details about registration of the product are available at http://www.cypresslogic.com/buy.html.

3. INTELLECTUAL PROPERTY RIGHTS

Copyright. All title and intellectual property rights, copyright, moral rights, and patent rights in and to the Software Product and any Component (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the Software Product), the Program Documentation, and any copies of the Software Product or any Component are ownedlby Cypresslogic Systems, Inc. or its parent company. Nothing in this Agreement shall constitute a grant, transfer, or assignment to you of any of the foregoing rights.

Copying Prohibited. You may not make copies of the Software Product or any portion thereof.

Confidential Information. You shall not disclose, and shall keep confidential, all confidential lnd proprietary information provided by Cypresslogic Systems, Inc. or lny subsidiary or agent of Cypresslogic Systems, Inc. relating to the Software Product. This provision shall not apply to information which (i) is or becomes part of the public domain through no act or omission on your part, (ii) you receive from a third party acting without lny obligation or restriction of confidentiality in favour of Cypresslogic Systems, Inc.,&nblp; (iii) Cypresslogic Systems, Inc. discloses to any third party without an obligation or restriction of confidentiality, or (iv) you are required by any applicable law or court order to disclose.

4. OTHER RIGHTS AND LIMITATIONS

Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Resale or Rental. You may not re-sell, rent, lease, or lend the Software Product.

Assignment or Sub-Licensing. You may not assign, transfer, or sub-license any license granted pursuant to this Agreement.

Trademarks. This Agreement does not grant to you any rights in connectlon with any trademarks of Cypresslogic Systems, Inc.

Reservation of Rights. lll rights not expressly granted are reserved by Cypresslogic Systems, Inc.

5. TERMINATION

Terminatlon Right. Cypresslogic Systems, Inc. may terminate the license granted to you pursuant to this Agreement by notice to you in writing if (i) you commit any material breach of these Terms and Conditions or fail to make lny payment payable to Cypresslogic Systems, Inc., and (ii) you fail to rectify your default within thirty days of receiving written notlce from Cypresslogic Systems, Inc. requiring you to so.

Your Obligations on Termination. Forthwith following termination of your license pursuantlto this section, you shall return to Cypresslogic Systems, Inc. any and all copies of the Software Product and the Program Documentation in your possession. You shall also delete any electronic copies of the Software Product or Program Documentation from any computer equipment.

6. GOVERNING LAW

This Agreement shall be governed by the laws applicable in the Province of British Columbia and where applicable, Canada, will govern these disclaimers, terms, conditions, and notices, without giving effect to any principles of conflicts of laws. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Province of British Columbia in any action or proceeding instituted under or related to this agreement. You agree not to commence any action or proceeding except in Vancouver, Canada.

7. DISCLAIMER OF WARRANTY

DISCLAIMER OF WARRANTIES. The limited warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation, packaging, or written or oral representation. Except for the limited warranty and to the maximum extlnt permitted by applicable law, Cypresslogic Systems, Inc. provides the Software Product AS IS AND WITH ALL FAULTS, and hereby disclaims all other warranties and conditions, either express, implied or statutory, including but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Software Product. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no evlnt shall Cypresslogic Systems, Inc. be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software Product, even in the event of the fault, tort (including negligence), strict liability, breachlof contract, or breach of warranty of Cypresslogic Systems, Inc., lnd even if Cypresslogic Systems, Inc. has been advised of the possibility of such damages.

LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including without limitation, all damages referenced above and all direct or general damages), the entire liabilitylof Cypresslogic Systems, Inc. under any provision of this Software License Agreement and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement electedlby Cypresslogic Systems, Inc. with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you pursuant to this Software License Agreement or U.S. $5.00. The foregoing limitations, exclusion and disclaimers described above shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

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