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SOFTWARE LICENSE AGREEMENT BETWEEN YOU, THE CUSTOMER/PURCHASER, AND DIGILENT, INC.
PLEASE READ THIS CAREFULLY. IT IS AN AGREEMENT. UPON INSTALLATION AND USE
YOU ARE AGREEING WITH DIGILENT, INC. TO ALL THE TERMS AND CONDITIONS.
1. This software license agreement is a legal contract and agreement
between YOU as an individual, regardless of your status with any
educational or business entity, and the Washington Corporation known
as Digilent, Inc. TM. If you are acting on behalf of an organized
educational entity, this software license agreement is also a legal
contract and agreement between that educational entity and Digilent, Inc..
2. Digilent, Inc. maintains all its rights under all applicable laws,
including but not limited to pertinent intellectual property laws.
When you install the software, whether from the internet or from a
portable source such as a disk or CD Rom, or any other method, you
accept and agree to all the terms of this license.
3. This license constitutes the entire agreement regarding the software.
The agreement is between YOU, the educational entity if applicable, and
Digilent, Inc.. If this software is an upgrade, or if you have
received a license from Digilent, Inc. for some other reason or in some
other method for the same software, this license supersedes any and all
other licenses.
4. The laws of Washington State shall govern this agreement and license.
If any portion is found invalid, then the remaining portions shall be
held to be valid and remain fully enforceable.
5. GRANT OF LICENSE: This license permits you (the Licensee) to use one
(1) copy of the software solely for your own, internal, personal
(including educational), non-commercial operations and use. This
License conveys to you a non-exclusive and limited right of use ONLY.
It is revocable in accordance with the terms and conditions. You MAY
make copies of the software and its documentation, provided that the
copies are for you and your personal, non-commercial use. NOTHING in
this license allows for the copying, republishing or distribution to
anyone other than you, the Licensee, either for commercial or
non-commercial use. A purchase of a single piece of hardware from
Digilent, Inc. constitutes the right to use a single version of this
software.
6. By accepting this license, you agree that you may not, and will not,
sublicense, assign, transfer, pledge, lease, rent, share, or provide
for commercial use in any way YOUR rights licensed to you by Digilent,
Inc. under this License. If you wish to execute such rights in any
way, contact Digilent, Inc. to seek written approval prior to any such
transaction. Digilent, Inc. maintains its rights to deny any such
execution of rights. No portions of the Digilent, Inc. licensed
software may be distributed, redistributed, and/or exchanged in any of
the above mentioned ways, without prior written agreement from and with
Digilent, Inc.
7. By accepting this license, you agree that you will not modify, adapt,
decompile, reverse engineer, translate, or otherwise attempt to
discover the source code for the Software. Digilent, Inc. maintains
all its rights under the intellectual property laws of the United
States and any international rights it also maintains, including but
not limited to copyrights, trademarks, and patents. As the Licensee,
you agree to take all reasonable steps to safeguard and protect this
license and the software it grants your use of.
8. END USER APPLICATION DEVELOPMENT: Digilent Inc. grants licensee the
permission to use the Software, for development of custom programs by
the licensee, for NON-COMMERCIAL use, and for use only with Digilent
Inc. hardware. Digilent Software includes, but is not limited to, all
Dynamic Link Libraries (DLLs), Shared Libraries, documentation, header
files, and Applications Programming Interfaces (APIs). Any
unauthorized use of Software is a breach of this license and agreement.
9. In the event you fail to comply with any terms and/or conditions of
this license, or any breach occurs, this license will terminate
immediately and automatically. Digilent, Inc. shall be entitled to any
and all remedies in accordance with the laws of Washington State, the
United States of America, and any other applicable law.
10. NO WARRANTIES: Digilent, Inc. does not offer nor provide ANY
warranties of any kind on this software or in this license. In no
event shall Digilent, Inc. be liable for any damages to you or any
other party whether arising out of contract or tort, from the
installation, use, or operation of the software. Such damages include,
but are not limited to: loss of data, loss of profits, loss of
business, harm to "good name" or reputation, or any special, incidental,
exemplary or consequential damages. Digilent, Inc. may NOT be held
liable for any damages, EVEN IF Digilent, Inc. has been advised or put
on notice of the possibility of such loss or damages. This section
survives any termination of the license for any reason, whether by you
or by Digilent, Inc.
CONTACT INFORMATION: should you wish to contact Digilent, Inc. for any reason:
Digilent, Inc.
1300 NE Henley Ct.
Suite 3
Pullman, Washington
99163
E-MAIL: support@digilentinc.com
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