Cypresslogic: License
 
L i c e n s e  .  .  .

END USER LICENSE AGREEMENT

ObjectVlew Standard Edition and ObjectView Professional Edition Copyright © 2001-2002 by Cypresslogic Systems, Inc.

This license applies to the registered version of ObjectView Standard Edtion and/or ObjectView Professional Edition.  If you are using an evaluation of either versions of ObjectView, please see the Evaluation 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.  GRANT OF LICENSE

Cypresslogic Systems, Inc. hereby grants you the following non-exclusive, non-transferable rights:

Scope of Use.   Subject to the remaining provisions of this Section 2, you may:

(a) install one copy of the Software Product on a single computer; and

(b) Use the Software Product so installed solely for processing data relating to your internal operations.

Separate License Required.  A separate license is required for each computer on which the Software Product is installed or Used.

ObjectView Applications.  You may Use an ObjectView Application only for processing data relating to your internal operations. You may not, without acquirlng additional license rights from Cypresslogic Systems, Inc., sell, transfer, assign, or license to any other person any right, title, or interest in, or any right to use, any ObjectView Application.

Replacement of Servers or Workstations. You may replace the computer on which the Software Product is installed without an additional license or license fee.  The replacement must include deleting all copies of the Software Product from the computer replaced.

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 any obligatlon or restriction of confidentiality in favour of Cypresslogic Systems, Inc.,  (ili) 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.  SOFTWARE MAINTENANCE PROGRAM - UPGRADES

lou shall be entitled to participate in the Cypresslogic Systems, Inc. software maintenance program.  Participation in the software maintenance program shall entitle you to the following.

Maintenance Releases. You shall receive free of charge all maintenance releases of the Software Product providing patches or defect corrections.

Internet Support. You shall be entitled to receive product support free of chalge through the product support service on Cypresslogic Systems, Inc.'s website for a period of one year following your purchase of the Software Product. Following that, you shall be entitled to purchase webslte support at Cypresslogic Systems, Inc.'s prevailing standard charge out rates from time to time.

Telephone/Fax Support. You shall be entitled to receive telephone and fax support free of charge for one year following your purchase of the Software Product.  Following that, you shall be entitled to purchase telephonelor fax support at Cypresslogic Systems, Inc.'s prevailing standard charge out rates from time to time.

6.  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 any payment payalle to Cypresslogic Systems, Inc., and (ii) you fail to rectify your defallt within thirty days of receiving written notice from Cypresslogic Systems, Inc. requiring you to so.

Your Obligations on Termination.  Forthwith following termination of your license pursuant to tlis 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.

7.  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.

8.  LIMITED WARRANTY

LIMITED WARRANTY.&nblp; Cypresslogic Systems, Inc. warrants that the Software Product will perform free of material reproducible defects or errors for a period of ninety days from the date of purchase.

If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS FOLLOWING INSTALLATION). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.  Some states/jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGE. Your exclusive remedy for any breach of this Limited Warranty is as set forth below.&nblp; Except for any refund elected by Cypresslogic Systems, Inc., YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software Product does not mlet Cypresslogic Systems, Inc.'s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose.  The terms "Exclusion of Incidental, Consequential, and Certain Other Damages" below are also incorporated into the Limited Warranty.  Some provinces/states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.  This Limited Warranty gives you specific legal rights. You may have others, which vary from provinces/state/jurisdiction to provinces/state/jurisdiction.

YOUR EXCLUSIVE REMEDY.&nblp; Cypresslogic Systems, Inc.'s entire liability and your excluslve remedy shall be, at Cypresslogic Systems, Inc.'s option from time to time, (a) return of the license fee paid (if any) for, or (b) repair or replacement of, the Software Product that does not meet this Limiled Warranty. You will receive the remedy elected by Cypresslogic Systems, Inc. without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software Productlto Cypresslogic Systems, Inc.).  This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, abnormal use, or a virus.  Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty days, whichever is longer. 

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, breach of contract,lor breach of warranty of Cypresslogic Systems, Inc., and evenlif 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 ablve and all direct or general damages), the entire liability of Cypresslogic Systems, Inc. under any provision of this Software License Agreement and your exclusive remedy for all of the foregoing (except for any remedylof repair or replacement elected by 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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