| Analog Devices, Inc. (“ADI”) |
| Object Code Software License Agreement |
| 20160115-LWOC-CTSLA |
| 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 |
| treaties. |
| |
| 1. License: Subject to the terms and conditions of this license, the software |
| may be reproduced and distributed in object code form only. |
| |
| 2. Conditions: |
| (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 |
| control laws. |
| |
| 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. |
| |
| 20120511-LWSC-CTSLA Page 2 of 2 |