|Analog Devices, Inc. (“ADI”)
|Object Code Software License Agreement
|DOWNLOADING, REPRODUCING, DISTRIBUTING OR OTHERWISE USING THE SOFTWARE
|CONSTITUTES ACCEPTANCE OF THIS LICENSE. THE SOFTWARE MAY NOT BE USED EXCEPT AS
|EXPRESSLY AUTHORIZED UNDER THIS LICENSE.
|The software is protected by copyright law and international copyright
|1. License: Subject to the terms and conditions of this license, the software
|may be reproduced and distributed in object code form only.
|(a) The software that is distributed shall be subject to the terms and
|conditions of this license.
|(b) The software may not be combined or merged with other software in any
|manner that would cause the software to become subject to terms and conditions
|which differ from those of this license.
|(c) The software is licensed solely and exclusively as integrated into
|Licensee’s products for use with amplifiers manufactured by or for ADI.
|(d) Licensee shall not use the name or any trademark of ADI (including those of
|its licensors) or any contributor to endorse or promote products without prior
|written consent of the owner of the name or trademark. The term
|“contributor” means any person or entity that distributes the software.
|(g) Use of the software may or may not infringe patent rights of one or more
|patent holders. This license does not alleviate the obligation to obtain
|separate licenses from patent holders to use the software.
|(h) All rights not expressly granted hereunder are reserved.
|(i) This license shall be governed by the laws of Massachusetts, without regard
|to its conflict of laws rules. The software shall only be used in compliance
|with all applicable laws and regulations, including without limitation export
|3. WARRANTY DISCLAIMER: THE SOFTWARE AND ANY RELATED INFORMATION AND/OR ADVICE
|IS PROVIDED ON AN “AS IS” BASIS, WITHOUT REPRESENTATIONS, GUARANTEES OR
|WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT
|LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
|TITLE AND NON-INFRINGEMENT. There is no obligation to provide software support
|or updates. The Software is not fault-tolerant and is not intended for use in
|high risk applications, including without limitation in the operation of
|nuclear facilities, aircraft navigation or control systems, air traffic
|control, life support machines, weapons systems or any other application in
|which the failure of the software could lead to death, personal injury, or
|severe physical or environmental damages. The software is not authorized to be
|used under such circumstances.
|4. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW ADI
|(INCLUDING ITS LICENSORS) AND CONTRIBUTORS SHALL NOT BE LIABLE FOR ANY DAMAGES
|ARISING FROM OR RELATED TO THE SOFTWARE, ITS USE OR ANY RELATED INFORMATION
|AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL,
|SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANALOGOUS DAMAGES (INCLUDING
|WITHOUT LIMITATION ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, REVENUE,
|PROFITS, OR SAVINGS, COMPUTER DAMAGE OR ANY OTHER CAUSE), UNDER ANY LEGAL
|THEORY (INCLUDING WITHOUT LIMITATION CONTRACT, WARRANTY, TORT, NEGLIGENCE,
|STRICT OR PRODUCT LIABILITY), EVEN IF IT HAS BEEN INFORMED OF THE POSSIBILITY
|OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion or limitation
|of liability for consequential, incidental or other damages, and, as such, some
|portion of the above limitation may not apply. In such jurisdictions,
|liability is limited to the greatest extent permitted by law.
|5. Third Party Software: The software may be accompanied by or include
|software made available by one or more third parties (“Third Party
|Software”). Each portion of Third Party Software is subject to its own
|separate software license terms and conditions (“Third Party Licenses”).
|The Third Party Licenses for Third Party Software delivered with the software
|are set forth or identified (by url or otherwise) in (i) Appendix A to this
|license (if any), (ii) the applicable software header or footer text, (iii) a
|text file located in the directory of the applicable Third Party Software
|component and/or (iv) such other location customarily used for licensing terms.
|The use of each portion of Third Party Software is subject to the Third Party
|Licenses, and you agree that your use of any Third Party Software is bound by
|the applicable Third Party License. You agree to review and comply with all
|applicable Third Party Licenses prior to any use or distribution of any Third
|Party Software. Third Party Software is provided on an “as is” basis
|without any representation, warranty or liability of any kind. ADI (including
|its licensors) and contributors shall have no liability or responsibility for
|the operation or performance of the Third Party Software and shall not be
|liable for any damages, costs, or expenses, direct or indirect, arising out of
|the performance or failure to perform of the Third Party Software. ADI
|(including its licensors) and contributors shall be entitled to the benefit of
|any and all limitations of liability and disclaimers of warranties contained in
|the Third Party Licenses. For the avoidance of doubt, this license does not
|alter, limit or expand the terms and conditions of, or rights granted to you
|pursuant to, Third Party Licenses.
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