This software is licensed from Hillcrest Laboratories, Inc. Copyright (c) Hillcrest Laboratories, Inc. and its licensors. All rights reserved. Hillcrest Laboratories and the Hillcrest logo are trademarks of Hillcrest Laboratories, Inc. You can contact Hillcrest Laboratories on the web at http://hillcrestlabs.com/company/contact-us/ or at Hillcrest Laboratories, 15245 Shady Grove Road, Suite 400, Rockville, MD 20850 USA Portions of this product may use the following software libraries and code under the following terms: ############################################################ This is the attribution for package 'MathWorks' The MathWorks, Inc. Software License Agreement IMPORTANT NOTICE READ THE TERMS AND CONDITIONS OF YOUR LICENSE AGREEMENT CAREFULLY BEFORE COPYING, INSTALLING, OR USING THE PROGRAMS OR DOCUMENTATION. THE LICENSE AGREEMENT TOGETHER WITH ANY APPLICABLE ADDENDUM REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU (THE "LICENSEE") AND THE MATHWORKS, INC. ("MATHWORKS") CONCERNING THE PROGRAM(S) AND DOCUMENTATION. BY COPYING, INSTALLING, OR USING THE PROGRAMS AND DOCUMENTATION, YOU ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO DO SO, DO NOT COPY, INSTALL, OR USE THE PROGRAMS AND DOCUMENTATION. _________________________________________________________________ The MathWorks, Inc. Software License Agreement Installation and Use Addendum (if applicable) Academic Installation and Use Addendum (if applicable) Student Version Installation and Use Addendum (if applicable) Deployment Addendum The MathWorks, Inc. Software License Agreement 1. DEFINITIONS. 1.1. "Licensee" means you, whether an individual or an entity, to whom MathWorks grants the License, and who is responsible for complying with the contractual obligations of the License, and ensuring that anyone permitted access to the Programs also complies with such obligations. 1.2. "Affiliate" means a legal entity which is controlled by, or controls, or is under common control with Licensee. Control means (i) beneficial ownership of at least fifty percent (50%) of the voting securities of a corporation or other business organization with voting securities, or (ii) a fifty percent (50%) or greater interest in the profits and capital of a partnership or other business organization without voting securities. 1.3. "Computer" means a single physical hardware system containing a maximum of four (4) Processors. Each hardware partition, or blade in a blade server, is considered to be a separate Computer, and a hardware system with more than four (4) Processors is considered to be more than one Computer. 1.4. "Documentation" means the user guides, if any, accompanying delivery of a Program, as may be updated from time to time. Documentation may be delivered in any medium or language. 1.5. "Internal Operations" means the use of a Program by employees, consultants, student interns, and software administration contractors of Licensee or an Affiliate on behalf of the Licensee or Affiliate. 1.6. "Licensed User" means a user of the Programs, designated by the Licensee as authorized to use the Programs for Licensee's Internal Operations, to the extent permitted by the License Option acquired. 1.7. "License Option" means the specific rights, restrictions, and obligations under which Licensee may install and use a Program pursuant to this Agreement, including those related to the permitted Installation Type(s) associated with the License Option acquired, as described in the applicable Installation and Use Addendum, and including restrictions associated with the License being an "Annual License," "Term License," "Perpetual License," or "Student License" as described under Article 9. 1.8. "Licensor" means the person who, or entity which, grants a license to MathWorks to redistribute that person's or entity's intellectual property. 1.9. "PolySpace(TM) Products" means PolySpace(TM) Client for C/C++, PolySpace(TM) Client for Ada, PolySpace(TM) Server for C/C++, PolySpace(TM) Server for Ada, PolySpace(TM) Model Link SL, PolySpace(TM) Model Link TL, and PolySpace(TM) UML Link RH. 1.10. "Processor" means a single integrated circuit on the motherboard of a Computer that contains one or more cores which are used for interpreting software instructions and processing data contained in software programs. 1.11. "Program" means the software licensed hereunder, including Documentation, enhancements and error corrections. Each product licensed hereunder is a separate Program. "Ineligible Program" is any Program that Licensee may not deploy, compile, distribute, or call from a web application, as the case may be. A current list of each Ineligible Program is available at www.mathworks.com/ineligible_programs. 1.12. "Third Party" means any person or legal entity that is not MathWorks, the Licensee, or an Affiliate. 2. ACCEPTANCE AND REFUNDS. If Licensee does not accept the terms and conditions of this License and any applicable Addendum, or if Licensee terminates this License, for any reason, within thirty (30) days of Program delivery (the "Acceptance Period"), then Licensee shall immediately return the Programs licensed hereunder to MathWorks or the authorized distributor from whom Licensee acquired the Programs and, if returned within the Acceptance Period, shall receive a full refund. By retaining a Program throughout the Acceptance Period, Licensee accepts the applicable rights, and agrees to be bound by the applicable obligations and restrictions, of this Agreement including the License Option acquired with respect to that Program. 3. LICENSE GRANT. MathWorks hereby grants to Licensee, subject to the terms of this Agreement, a nonexclusive license (the "License") to: 3.1. install and use the Programs solely on Computers controlled by Licensee, in accordance with the License Option acquired and associated permitted Installation Type provisions contained in the relevant Installation and Use Addendum, and solely for Internal Operations; 3.2. provide access to online Documentation on Licensee's intranet, provided it is not accessible over the open Internet; 3.3. print portions of the online Documentation for reasonable use by Licensed Users; and 3.4. use the Programs as expressly set forth in the Deployment Addendum. 4. LICENSE RESTRICTIONS. The License is subject to the express restrictions set forth below. Licensee shall not, and shall not permit any Third Party to: 4.1. modify, or create any derivative work of, a Program or any part of the licensed Programs, except as expressly permitted in Article 7 and the Deployment Addendum. Notwithstanding anything to the contrary contained herein, any such permitted modifications must be consistent with all other terms of this Agreement; 4.2. adapt, translate, copy, or convert all or any part of a Program in order to create software, a principal purpose of which is to perform the same or similar functions as Programs licensed by MathWorks or to replace any component of the Programs; 4.3. rent, lease, or loan the Programs; use the Programs for supporting Third Parties' use of the Programs, time share the Programs, or provide service bureau or similar service use; 4.4. disassemble, decompile, reverse engineer the Programs or otherwise attempt to gain access to its method of operation or source code (other than files provided for convenience in source code form by MathWorks); 4.5. sell, license, sublicense, publish, display, distribute, disseminate, assign, or otherwise transfer (whether by sale, exchange, lease, gift, or otherwise) to a Third Party the Programs, any copy or portion thereof, or any License or other rights thereto, in whole or in part, without MathWorks' prior written consent, except as expressly permitted in the Deployment Addendum; 4.6. alter, remove, or obscure any copyright, trade secret, patent, trademark, logo, proprietary and/or other legal notices on or in copies of the Programs; 4.7. use MathWorks' name, trade names, logos, or other trademarks of MathWorks or any of its Affiliates or Licensors in any advertising, promotional literature or any other material, whether in written, electronic, or other form, distributed to any Third Party, except in the form provided by MathWorks, and then solely for purposes of identifying MathWorks' Programs; 4.8. provide access (directly or indirectly) to the Programs via a web or network Application, except as permitted in Article 8 of the Deployment Addendum; 4.9. copy, make available for copy, or otherwise reproduce the Programs, in whole or in part, except either (a) as may be required for their installation into Computer memory for the purpose of executing the Program in accordance with the License Option and associated permitted Installation Type(s), (b) as expressly permitted in the Deployment Addendum, or (c) to make a reasonable number of copies solely for back-up purposes provided that any such permitted copies shall reproduce all copyright, trade secret, patent, logo, proprietary and/or other legal notices contained in the original copy obtained from MathWorks; 4.10. access or use Programs that Licensee is not currently licensed to access or to use; 4.11. disclose the personal license password and/or license file to a Third Party or allow them to be used except for installation and use of the Programs as provided herein; 4.12. republish the Documentation, except as expressly permitted in Article 3; and/or 4.13. create a server, for code generation, compilation, or other Programs. 5. ADDITIONAL FEES. The fees for the License granted herein are determined based upon Licensee's installation and use of the Programs in the country in which the original delivery of the Programs occurs. MathWorks may charge Licensee an additional fee for any subsequent installation and use of the Programs licensed hereunder in any other country. 6. RETENTION OF RIGHT, TITLE AND INTEREST BY MATHWORKS AND ITS LICENSORS. The Programs shall at all times remain the property of MathWorks and/or MathWorks' Licensors and Licensee shall have no right, title, or interest therein, except as expressly set forth in this Agreement. Licensee shall take appropriate action by instruction, agreement, or otherwise with any persons permitted access to the Programs, so as to enable Licensee to satisfy its obligations under the terms of this Agreement. 7. LICENSES FOR THIRD PARTY SOFTWARE AND PRODUCTS. MathWorks has been granted licenses to distribute certain Third Party software either as part of a Program or, in the case of the PolySpace(TM) Products, as separate products licensed under a separate license agreement. These licenses require MathWorks to distribute the software, or the PolySpace Products, as the case may be, to Licensee subject to specific terms and conditions, which may be different from or additional to those contained herein. Should such Third Party software be provided under the Lesser General Public License, Licensee may make modifications of the work identified in Section 6 of the Lesser General Public License for Licensee's own use and reverse engineering for debugging such modifications. Licensee agrees that acceptance of this Agreement also confirms Licensee's acceptance of any applicable Third Party software licenses. Such Third Party licenses may be viewed at www.mathworks.com/thirdpartylicense. Licensee may also contact MathWorks to obtain the current applicable provisions. 8. SOFTWARE MAINTENANCE SERVICE. During any paid Software Maintenance Service term, if applicable, MathWorks shall provide Software Maintenance Service for the licensed Programs which consists of: delivering subsequent releases of the Programs, if any, that are not charged for separately; exerting reasonable efforts to both (a) provide, within a reasonable time, workarounds for any material programming errors in the current release of the Programs that are directly attributable to MathWorks, and (b) correct such errors in the next available release, provided Licensee provides MathWorks with sufficient information to identify the errors. During this same paid Software Maintenance Service term, Licensee shall also be entitled to receive technical support for the current release. Technical support means assistance by telephone, fax, and electronic mail with the installation and/or use of the then-current release of the licensed Programs, including all available bug fixes and patches, and their interaction with supported hardware and operating systems ("Platforms"). MathWorks reserves the option to discontinue, in whole or in part, and at any time, offering Software Maintenance Service and/or technical support for any Program or Platform. 9. LICENSE DURATION ("TERM"). This Agreement shall continue until the earlier of (a) termination by MathWorks or Licensee as provided below, or (b) such time as there are no Programs being licensed to Licensee hereunder. 9.1. For Annual Licenses: Licensee understands and agrees that each Annual License will expire automatically immediately after its corresponding one (1) year period, unless Licensee renews its License by remitting the then-current annual License fee. Licensee understands that the Programs will stop operating unless Licensee pays the License fee and is provided new annual passcodes. Licensee understands and agrees that the Software Maintenance Service for each Annual License will terminate automatically upon expiration of the Annual License Term. 9.2. For Term Licenses: Licensee understands and agrees that each Term License will expire automatically immediately after the corresponding period of the term licensed, unless Licensee renews its License by remitting the then-current term License Fee. Licensee understands that the Programs will stop operating unless Licensee pays the license fee and is provided new term passcodes. Licensee understands and agrees that the Software Maintenance Service for each Term License will terminate automatically upon expiration of the License Term. 9.3. For Perpetual Licenses: Licensee shall have the right to use the Programs indefinitely, subject to the termination provisions in this Agreement. Licensee understands and agrees that the Software Maintenance Service for each Perpetual License will terminate automatically upon expiration of the initial Software Maintenance Service term included with the acquisition of the License. Thereafter, the Software Maintenance Service term may be renewed for any Program, at the then-current price, and for the then-applicable term, as long as MathWorks offers such Software Maintenance Service for such Program. 9.4. For Student Licenses: See the Student Version Installation and Use Addendum for the License Term. 10. TERMINATION. MathWorks may terminate this Agreement and all Licenses granted hereunder by written notice to Licensee if Licensee breaches any material term of this License, including failure to pay any License fees due, and Licensee has not cured such breach within sixty (60) days of written notification. MathWorks may immediately terminate upon notice this Agreement and all Licenses granted hereunder should Licensee breach the terms and conditions of Articles 3, 4, and/or 11. Licensee may terminate this License at any time, for any reason. Licensee shall not be entitled to any refund if this License is terminated, except for License fees paid for any Programs for which the Acceptance Period has not expired at the time of termination. Upon termination, Licensee shall promptly return all but archival copies of the Programs in Licensee's possession or control, or promptly provide written certification of their destruction. 11. EXPORT CONTROL. The Programs may be subject to U.S. export control laws or other (U.S. and non-U.S.) governmental export and import laws and regulations. Notwithstanding any other term of this Agreement or Third Party agreement, Licensee's rights under this Agreement may not be exercised by Licensee or any Third Party in violation of such laws and regulations, nor may this Agreement be transferred to any party where doing so would result in such a violation. The terms of any limitation on the use, transfer or re-export of the Programs imposed by MathWorks in any Destination Control Statement or other document for the purpose of export control shall prevail over any term in this Agreement. It shall be Licensee's responsibility to comply with the latest United States or other governmental export and import regulations. 12. FEDERAL ACQUISITION. This provision applies to all acquisitions of the Programs and Documentation by, for, or through the federal government of the United States. By accepting delivery of the Programs or Documentation, the government hereby agrees that this software or documentation qualifies as commercial computer software or commercial computer software documentation as such terms are used or defined in FAR 12.212, DFARS Part 227.72, and DFARS 252.227-7014. Accordingly, the terms and conditions of this Agreement and only those rights specified in this Agreement, shall pertain to and govern the use, modification, reproduction, release, performance, display, and disclosure of the Programs and Documentation by the federal government (or other entity acquiring for or through the federal government) and shall supersede any conflicting contractual terms or conditions. If this License fails to meet the government's needs or is inconsistent in any respect with federal procurement law, the government agrees to return the Programs and Documentation, unused, to MathWorks. 13. FOR EUROPEAN UNION LICENSEES ONLY. Any contractual provisions of this Agreement contrary to laws implemented under Article 6 of Appendix V of the European Union Software Directive or to the exceptions provided for in Article 5(2) and (3) of such Appendix shall be null and void solely to the extent decompiling, disassembling, or otherwise reverse- engineering of the Programs is necessary to enable the Licensee to create an independent program that is interoperable with the Programs or any other permitted objectives specified by such laws implemented under such directive (collectively, the "Permitted Objectives"), provided that any such information gained is used solely for such Permitted Objectives. 14. TAXES, DUTIES, CUSTOMS. Absent appropriate exemption certificates or other conclusive proof of tax exempt status, Licensee shall pay all applicable sales, use, excise, value-added, and other taxes, duties, levies, assessments, and governmental charges payable in connection with this Agreement or the Licenses granted hereunder, excluding taxes based on or measured by MathWorks' income, for which MathWorks shall be solely responsible. 15. ASSIGNMENT. Licensee may not assign or otherwise transfer this Agreement and its rights and obligations hereunder, in whole or in part, by operation of law or otherwise, without the written consent of MathWorks. In the case of any permitted assignment or transfer of or under this Agreement, this Agreement or the relevant provisions shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and assigns of the parties hereto. MathWorks may charge Licensee an administrative fee for any permitted assignment. 16. LIMITATION OF LIABILITY. The Programs should not be relied on as the sole basis to solve a problem or implement a design whose incorrect solution or implementation could result in injury to person or property. If a Program is employed in such a manner, it is at the Licensee's own risk and MathWorks and its Licensors explicitly disclaim all liability for such misuse to the extent allowed by law. MathWorks' and MathWorks' Licensors' liability for death or personal injury resulting from negligence or for any other matter in relation to which liability by law cannot be excluded or limited shall not be excluded or limited. Except as aforesaid, (a) any other liability of MathWorks and its Licensors (whether in relation to breach of contract, negligence or otherwise) shall not in total exceed the amount paid to MathWorks under this Agreement in the twelve month period preceding the claim in question, for the Program with respect to which the liability in question arises; and (b) MathWorks and its Licensors shall have no liability for any indirect or consequential loss (whether foreseeable or otherwise and including loss of profits, loss of business, loss of opportunity, and loss of use of any computer hardware or software). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to Licensee. 17. LIMITED WARRANTY/LIMITATION OF REMEDIES. MathWorks warrants that MathWorks, on its own behalf or through its Licensors, has the right to grant the License rights hereunder. MathWorks warrants that the physical media provided shall be free from defects in material and workmanship for a period of ninety (90) days from delivery, or it will be replaced by MathWorks at no cost to Licensee. MathWorks further warrants, for a period of one (1) year from delivery or for the term of the License, whichever is less, that each copy of each Program will conform in all material respects to the description of such Program's operation in the Documentation. In the event that a Program does not operate as warranted, Licensee's exclusive remedy and MathWorks' sole liability under this warranty shall be the correction or workaround by MathWorks of major defects within a reasonable time. Should such correction or workaround be impractical, MathWorks may, at its option, terminate the relevant License and refund the initial License fee paid to MathWorks for such Program. All requests for warranty assistance should be directed to The MathWorks, Inc., 3 Apple Hill Drive, Natick, MA 01760-2098, U.S.A. 18. DISCLAIMER OF WARRANTIES. Except for warranties expressly set forth in Article 17 of this Agreement (or as implied by law where the law provides that the particular terms implied cannot be excluded by contract), any and all Programs, Documentation, and Software Maintenance Services are delivered "as is" and MathWorks makes and the Licensee receives no additional express or implied warranties. MathWorks and its Licensors hereby expressly disclaim any and all other conditions, warranties, or other terms of any kind or nature concerning the Programs, Documentation, and Software Maintenance Services (including, without limitation, any with regard to infringement, merchantability, quality, accuracy, or fitness for a particular purpose or Licensee's purpose). MathWorks also expressly disclaims any warranties that may be implied from usage of trade, course of dealing, or course of performance. Except for the express warranties stated in Article 17 of this Agreement, the Programs, Documentation, and Software Maintenance Services are provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with Licensee. MathWorks does not warrant that the Programs and Documentation will operate without interruption or be error free. Some states and countries do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Licensee. The warranty in Article 17 gives Licensee specific legal rights and Licensee may also have other rights which vary from state to state and country to country. Licensee accepts responsibility for its use of the Programs and the results obtained therefrom. 19. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted, enforced and construed and the rights of the parties hereunder governed in all respects by the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflicts of law provisions, and both parties consent to the jurisdiction of the federal and state courts located in said Commonwealth and consent to the service of process, pleadings and notices in connection with any and all actions initiated in such courts. The parties agree that a final judgment in any such action or proceeding shall be conclusive and binding and may be enforced in any other jurisdiction. To the extent any governing law, treaty, or regulation is in conflict with this Agreement, the conflicting terms of this Agreement shall be superseded only to the extent necessary by such law, treaty, or regulation. If any provision of this Agreement shall be otherwise unlawful, void, or otherwise unenforceable, that provision shall be enforced to the maximum extent permissible. In either case, the remainder of this Agreement shall not be affected. The parties agree that the U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The parties further agree that the Uniform Computer Information Transactions Act, or any version thereof, adopted by any state, in any form ("UCITA"), shall not apply to this Agreement. To the extent that UCITA is applicable, the parties agree to opt out of the applicability of UCITA pursuant to the Opt-Out provision(s) contained therein. 20. COMPLIANCE AND AUDIT RIGHTS. Licensee agrees to notify MathWorks promptly upon discovery of any failure to comply with one or more Licenses granted under this Agreement, or any failure to comply with any other material term of this Agreement. To confirm Licensee's compliance with the terms and conditions of this Agreement, Licensee agrees to allow MathWorks to audit Licensee's use of the Programs, and to provide MathWorks access to Licensee's facilities and Computers, and cooperation from Licensee's employees and consultants, as reasonably requested by MathWorks in order to perform such audit, all during normal business hours, and after reasonable prior notice from MathWorks. If an audit discloses that Licensee has failed to comply with one or more Licenses, and such failure to comply could have in part or in whole been avoided by Licensee having paid additional License fees to expand the scope of the License or Licenses, then Licensee shall promptly pay MathWorks such Licensing fees (at MathWorks' then current rates) and, if such unpaid License fees exceed 5% of the License fees paid to MathWorks for the applicable Programs during the applicable period during which such underpayment occurred, then Licensee shall, in addition to paying the unpaid License fees, also reimburse MathWorks the full cost of such audit. 21. LICENSE MANAGEMENT. During installation, you, or the Programs, may send information about the Programs and the Computer to MathWorks. This information includes the version of the Programs, operating system configuration parameters required for installation, and machine- specific identification (the Macrovision FLEXNET(R) "hostid") of the Computer. Licensee agrees that such information may be retrieved and utilized by MathWorks for installation and license management purposes. 22. HEADINGS. The inclusion of headings is for convenience of reference only and shall not affect the construction or interpretation of this Agreement. 23. ENTIRE AGREEMENT. This Agreement, and any applicable Addendum thereto including any documents referenced therein are incorporated herein by reference, and contain the entire understanding of the parties and may not be modified or amended except by written instrument, executed by authorized representatives of MathWorks and Licensee. In the event of any conflict between this Agreement and any purchase order executed by Licensee (whether executed before or after this Agreement), this Agreement shall prevail. The MathWorks, Inc. Software License Agreement - Installation and Use Addendum This is an Addendum to The MathWorks, Inc. Software License Agreement (the "Agreement"), and the terms and conditions of this Addendum are incorporated therein. Each capitalized term used herein and not defined herein shall have the meaning ascribed to it in the Agreement. 1. SCOPE. The Installation and Use provisions of this Addendum apply to each Program licensed under the Agreement. The applicable provisions are determined by the particular License Option that Licensee acquired, including those related to the permitted Installation Type(s) associated with the License Option acquired. 2. LICENSE OPTIONS AND PERMITTED INSTALLATION TYPES. At the time the License is acquired, Licensee must select a License Option from those offered on MathWorks' then-current price list. If the License Option is not specified on Licensee's order, MathWorks shall determine the License Option for Licensee by comparing the price paid to MathWorks' then-current price list, less the appropriate discount, if any. 3. DEFINITIONS. 3.1. Installation Type. One or more of the Standalone Named User, Network Named User, or Network Concurrent User installation types available with respect to the License Option acquired. 3.2. License Manager. The Macrovision FLEXNET(R) license management software provided with the Program(s). 3.3. Licensed Users. Those users of the Programs, designated by the Licensee as authorized to use the Programs for Licensee's Internal Operations, to the extent permitted by the License Option acquired. 3.4. License Option. The specific rights, restrictions, and obligations under which Licensee may install and use a Program pursuant to the Agreement, including those related to the permitted Installation Type(s) associated with the License Option acquired. 3.5. Named User. Licensed User designated and identified by Licensee as the "Named User" for a License to a Program under the "Standalone Named User" and "Network Named User" Installation Types. 4. INSTALLATION AND USE. Specific rights, obligations, and restrictions apply to each License Option. Licensee's right to install and use the Programs is determined by the License Option acquired, including the permitted Installation Type(s) with respect to such License Option as set forth in the table below. By accepting the terms and conditions of the Agreement, Licensee also accepts the License Option acquired. LICENSE OPTIONS AND INSTALLATION TYPES License Option: Permitted Installation Types Individual: Standalone Named User Group*: Standalone Named User Network Named User: Network Named User Concurrent: Network Concurrent User *In some countries, the Group License Option is not available. Contact your local MathWorks representative for more information. 4.1. License Options. 4.1.1. Individual. Except as specifically set forth in Section 4.3 hereof, the Individual License Option permits only the Standalone Named User Installation Type. Program use is restricted to the single, designated Named User. 4.1.2. Group. Except as specifically set forth in Section 4.3 hereof, the Group License Option permits only the Standalone Named User Installation Type. The Programs may be operated by a combined workgroup of Named Users, up to the maximum number of Named Users licensed to use each Program. Licensee is responsible for ensuring that the total number of Named Users of each Program on a License does not exceed the number licensed for each Program. This License Option must be centrally administered and maintained. Licensee shall be responsible for, and shall assign a central administrator the task of, accurately counting and controlling the number of Named Users allowed access to each Program, and installing and administering the Programs including new versions of the Programs delivered during any paid Software Maintenance Service term. 4.1.3. Network Named User. Except as specifically set forth in Section 4.3 hereof, the Network Named User License Option permits only the Network Named User Installation Type. 4.1.4. Concurrent. Except as specifically set forth in Section 4.3 hereof, the Concurrent License Option permits only the Network Concurrent User Installation Type. 4.2. Installation Types. 4.2.1. Standalone Named User. Programs may be installed and operated on one or more individual Computers, provided the Programs are only accessible to, and operated by, the Named User for that License. The physical locations of the Computers used by the Named User to run the Programs are not limited; the Computers may be located at work, home, in a laboratory, or on a laptop. Licensee may only designate one Licensed User access to or use of the Programs under each Named User License. Licensee may redesignate the Named User for a Program, whether temporarily or not, no more than four (4) times per year. A Named User may not use a Program on more than two (2) Computers simultaneously. 4.2.1.1. Alternatively, for the Windows(R) platform only, Licensee may install and operate the Programs on a single, designated Computer, provided the Computer is not a network server and the Programs are only operated from that Computer's console by only one Licensed User at any given time (a "Designated Computer" Installation Type). Licensee may redesignate the Computer for a Program to a different Computer, whether temporarily or not, no more than four (4) times per year. This Designated Computer Installation Type is in lieu of the Standalone Named User rights above, not in addition to those rights, and is intended to accommodate a single Windows Computer shared by multiple Licensed Users. 4.2.2. Network Named User. Programs may only be installed in a central location on a single designated network server. Licensee must run the License Manager in its User-Based mode, and edit the Local License Options file to maintain a list of Named Users authorized to access and operate each Program. Licensee may re-edit the list of Named Users in the Local License Options file and may redesignate Named Users for a Program, whether temporarily or not, no more than four (4) times per year, provided the number of Named Users in the file never exceeds the number licensed per Program. Portions of the Programs may be installed on individual Computers to accelerate startup times, as long as the installations on the individual Computers are controlled by the License Manager on the network server. A Named User may not use a Program on more than two (2) Computers simultaneously. 4.2.3. Network Concurrent User. The Programs may only be installed in a central location on a single designated network server. Licensee must run the License Manager in its Concurrent mode and may have only as many Licensed Users simultaneously operating a Program at any given time as the number of Concurrent keys acquired for that Program. Subject to the foregoing, a Licensed User of the Concurrent License Option may utilize any number of Computers served by a single License Manager provided that, before using a Program on any Computer, the Licensed User checks out a separate Concurrent key from the License Manager for that Computer. Portions of the Programs may be installed on individual Computers to accelerate startup times, as long as the installations on the individual Computers are controlled by the License Manager on the network server. Licensees of the Concurrent License Option are prohibited from providing Program access to users located outside the country in which the License Manager server is installed unless Licensee has contracted for global use. For the purposes of the Concurrent License Option, all servers located in a member country of the North American Free Trade Agreement ("NAFTA") shall be considered located in the same country as those of the other NAFTA members, and all servers located in Iceland, Norway, Switzerland, or any member country of the European Union ("EU") shall be considered located in the same country. 4.3. MATLAB(R) Distributed Computing Engine. Licensees of the MATLAB(R) Distributed Computing Engine Program ("MDCE") are permitted to install and make available Programs, other than any Ineligible Program, on one or more Computers ("Computer Cluster") solely for use through the MDCE, provided that (1) the Programs on the Computer Cluster are controlled by a single License Manager for each MDCE, (2) the number of simultaneous Program sessions does not exceed the number of MDCE workers acquired, (3) access to any Program, whether in the MDCE or otherwise, remains limited to those persons who are Licensed Users of such Programs, and the Distributed Computing Toolbox; and 4) access to any Program, including the MDCE, is not made available (i) to any Third Party without the advance written consent of MathWorks, or (ii) to any user outside the country in which the MDCE's License Manager server is installed, unless the Licensee acquires a separate license from MathWorks. For the purposes of this Section 4.3, all MDCE License Manager servers located in a member country of the North American Free Trade Agreement ("NAFTA") shall be considered located in the same country as those of the other NAFTA members, and all MDCE License Manager servers located in Iceland, Norway, Switzerland, or any member country of the European Union ("EU") shall be considered located in the same country. 5. REMOTE AND SHARED OPERATION. Subject also to the foregoing: 5.1. Remote Access to the Desktop: Using the Microsoft(R) Remote Desktop connection feature or similar technologies: 5.1.1. Named Users and Network Named Users may remotely access Programs for which they are licensed. 5.1.2. Network Concurrent Users may remotely access Programs served by the License Manager server for the License under which they are operating. 5.1.3. The Licensee of a Designated Computer Installation Type may designate one Licensed User to remotely access the Programs licensed on the Designated Computer for operation on that Designated Computer. Licensee may redesignate such Licensed User, whether temporarily or not, no more than four (4) times per year. 5.2. Shared Access to the Desktop: 5.2.1 A Licensed User may use Microsoft(R) Remote Assistance technology, NetMeeting(R) conferencing software, or similar technologies to share the desktop view of a Program session remotely with another individual for assistive purposes only. THE MATHWORKS, INC. SOFTWARE LICENSE AGREEMENT - Academic Installation and Use Addendum This is an Addendum to The MathWorks, Inc. Software License Agreement (the "Agreement"), and the terms and conditions of this Addendum are incorporated therein. Each capitalized term used herein and not defined herein shall have the meaning ascribed to it in the Agreement. 1. SCOPE. The provisions of this Academic Installation and Use Addendum apply to each Program licensed under the Agreement at prices offered only to degree-granting educational institutions ("Academic prices") for Academic Internal Operations only, as defined below. Research and development divisions and centers of universities, U.S. government agencies and other not-for-profit organizations do not qualify for Academic prices. This Addendum imposes certain additional obligations and restrictions with respect to the Programs licensed at such Academic prices that are not contained in the Agreement. The applicable provisions are determined by the particular Academic License Option that Licensee acquires for each Program, including those related to the permitted Installation Type(s) associated with the Academic License Option acquired. In the event of a conflict between the provisions of this Addendum and the Agreement, these Addendum provisions shall apply. 2. ACADEMIC LICENSE OPTIONS AND PERMITTED INSTALLATION TYPES. At the time the License is acquired, Licensee must select an Academic License Option from those offered on MathWorks' then-current Academic price list. If the License Option is not specified on Licensee's order, MathWorks shall determine the License Option for Licensee by comparing the price paid to MathWorks' then-current Academic price list, less the appropriate discount, if any. 3. DEFINITIONS. 3.1. Installation Type. One or more of the Standalone Named User, Network Concurrent User, or Designated Computer installation types available with respect to the Academic License Option acquired. 3.2. Academic Internal Operations. The installation and use of the Programs by Licensed Users, in accordance with the Academic License Option acquired, for the purpose of (i) in the case of employees (faculty and academic staff), performing software administration, teaching, and noncommercial, academic research in their ordinary course as Licensee's employees; and (ii) in the case of enrolled students, meeting classroom requirements of courses and study offered by the Licensee. Any other use is expressly prohibited. 3.3. License Manager. The Macrovision FLEXNET(R) license management software provided with the Programs. 3.4. Licensed Users. All enrolled students and employees (faculty and academic staff) of the Licensee who are authorized by Licensee to use the Programs for Academic Internal Operations in accordance with the Agreement, as revised from time to time, and to the extent permitted by the Academic License Option acquired. As used herein, "employees" excludes subcontractors and consultants of the Licensee. 3.5. Academic License Option. The specific rights, restrictions, and obligations under which Licensee may install and use a Program pursuant to the Agreement, including those related to the permitted Installation Type(s) associated with the Academic License Option acquired. 3.6. Named User. Licensed User designated and identified by Licensee as the "Named User" for a License to a Program under the "Standalone Named User" Installation Type. 4. INSTALLATION AND USE. Specific rights, obligations, and restrictions apply to each Academic License Option. Licensee's right to install and use the Programs is determined by the Academic License Option acquired, including the permitted Installation Type(s) with respect to such Academic License Option as set forth in the table below. By accepting the terms and conditions of the Agreement, Licensee also accepts the Academic License Option acquired, and agrees to use the Programs only for Academic Internal Operations. ACADEMIC LICENSE OPTIONS AND INSTALLATION TYPES Academic License Options: Permitted Installation Types Individual: Standalone Named User Group: Designated Computer Concurrent: Network Concurrent User Classroom: Designated Computer, Network Concurrent User 4.1. Academic License Options. 4.1.1. Individual. Except as specifically set forth in Section 4.3 hereof, the Individual License Option permits only the Standalone Named User Installation Type. Program use is restricted to the single, designated Named User. 4.1.2. Group. Except as specifically set forth in Section 4.3 hereof, the Group License Option permits only the Designated Computer Installation Type. The Programs may be operated on up to the maximum number of Designated Computers licensed for each Program. Licensee is responsible for ensuring that the total number of Designated Computers on which each Program is installed and used does not exceed the number licensed for each Program. This License Option must be centrally administered and maintained. Licensee shall be responsible for, and shall assign a central administrator the task of accurately counting and controlling the number of Designated Computers on which installation of each Program is allowed, and installing and administering the Programs including new versions of the Programs delivered during any paid Software Maintenance Service term. 4.1.3. Concurrent. Except as specifically set forth in Section 4.3, the Concurrent License Option permits only the Network Concurrent User Installation Type. 4.1.4. Classroom. Except as specifically set forth in Section 4.3, the Classroom License Option permits only the Network Concurrent User and/or Designated Computer Installation Types. Notwithstanding the foregoing definition of Academic Internal Operations, Programs licensed under the Classroom License Option are further restricted to use in connection with on-campus computing facilities that are used solely in support of classroom instruction of students. Research use is not permitted. 4.2. Installation Types. 4.2.1. Standalone Named User. The Programs may only be installed and operated on one or more individual Computers, provided the Programs are only accessible to, and operated by, the Named User for that License. The physical locations of the Computers used by the Named User to run the Programs are not limited; the Computers may be located at work, home, in a laboratory, or on a laptop. Licensee may only designate one Licensed User access to or use of the Programs under each Named User License. Licensee may redesignate the Named User for a Program, whether temporarily or not, no more than four (4) times per year. A Named User may not use a Program on more than two (2) Computers simultaneously. 4.2.1.1. Alternatively, for the Windows(R) platform only, Licensee may install and operate the Programs on a single, designated, Computer as described in Section 4.2.2 below (a "Designated Computer" Installation Type). This Designated Computer Installation Type is in lieu of the Standalone Named User rights above, not in addition to those rights, and is intended to accommodate a single Windows Computer shared by multiple Licensed Users. 4.2.2. Designated Computer. The Programs may only be installed and operated on a single, designated Computer, provided the Computer is not a network server and the Programs are only operated from that Computer's console by only one Licensed User at any given time. Licensee may redesignate the Computer for a Program to a different Computer, whether temporarily or not, no more than four (4) times per year. 4.2.3. Network Concurrent User. The Programs may only be installed in a central location on a single designated network server. Licensee must run the License Manager in its Concurrent mode and may have only as many Licensed Users simultaneously operating a Program at any given time as the number of Concurrent keys acquired for that Program. Subject to the foregoing, a Licensed User of the Concurrent License Option may utilize any number of Computers served by a single License Manager provided that, before using a Program on any Computer, the Licensed User checks out a separate Concurrent key from the License Manager for that Computer. Portions of the Programs may be installed on university-owned or controlled individual Computers to accelerate startup times, as long as the installations on the individual Computers are controlled by the License Manager on the network server. Licensees of the Concurrent License Option are prohibited from providing Program access to users located outside the country in which the License Manager server is installed. 4.3. MATLAB(R) Distributed Computing Engine. Licensees of the MATLAB(R) Distributed Computing Engine Program ("MDCE") are permitted to install and make available Programs, other than any Ineligible Program, on one or more Computers ("Computer Cluster") solely for use through the MDCE, provided that (1) the Programs on the Computer Cluster are controlled by a single License Manager for each MDCE, (2) the number of simultaneous Program sessions does not exceed the number of Engine workers acquired, (3) access to any Program, whether in the MDCE or otherwise, remains limited to those persons who are Licensed Users of such Programs, and the Distributed Computing Toolbox; and (4) access to any Program, including the MDCE, is not made available (i) to any Third Party without the advance written consent of MathWorks, or (ii) to any user outside the country in which the MDCE License Manager is installed. 5. REMOTE AND SHARED OPERATIONS Subject also to the foregoing: 5.1. Remote Desktop Access: Using the Microsoft(R) Remote Desktop connection feature or similar technologies: 5.1.1. Named Users may remotely access Programs for which they are licensed. 5.1.2. Network Concurrent Users may remotely access Concurrent Programs served by the License Manager server for the License under which they are operating. 5.1.3. The Licensee of a Designated Computer Installation Type may designate one Licensed User to remotely access the Programs licensed on the Designated Computer for operation on that Designated Computer. Licensee may redesignate such Licensed User, whether temporarily or not, no more than four (4) times per year. 5.2. Shared Access to the Desktop: 5.2.1. A Licensed User may use Microsoft(R) Remote Assistance technology, NetMeeting(R) conferencing software, or similar technologies to share the desktop view of a Program session remotely with another individual for assistive purposes only. THE MATHWORKS, INC. SOFTWARE LICENSE AGREEMENT - Student Version Installation and Use Addendum This is an Addendum to The MathWorks, Inc. Software License Agreement (the "Agreement"), and the terms and conditions of this Addendum are incorporated therein. Each capitalized term used herein and not defined herein shall have the meaning ascribed to it in the Agreement. 1. SCOPE. The provisions of this Student Installation and Use Addendum apply to the MATLAB(R) and Simulink(R) Student Version Programs and to any other Programs licensed under the Agreement at prices offered to students enrolled in degree-granting educational institutions ("Student prices"). This Addendum imposes certain additional obligations and restrictions with respect to the Programs licensed at such Student prices that are not contained in the Agreement. In the event of a conflict between the provisions of this Addendum and the Agreement, these Addendum provisions shall apply. The license provided for in this Addendum is referred to as a "Student License". 2. RETURNS AND REFUNDS. Returns and refunds of Student License purchases are subject to the refund policies at the time and point of purchase. 3. REGISTRATION AND ACTIVATION. The Programs contain technology for the prevention of unlicensed or illegal use of the Programs. Licensee agrees to the use and application of such technology in the Programs (a) to limit the installation and use of the Programs by Licensee to a finite number of Computers, and (b) to require Licensee's registration of the Student License and activation of the Programs in advance of the use of the Programs (other than for temporary use) as further described in this Addendum and in the Documentation for the Programs. 4. ELIGIBILITY. Licensee further agrees to the following eligibility restrictions of the Student License: the Licensee must be a student enrolled in a degree-granting educational institution or participating in a continuing education program at a degree-granting educational institution. 5. LICENSE TERM. The Student License may be acquired (as available) in one of two, separate term lengths, either the Standard Student License Term (for the standard Student Version License) or the One-Year Student License Term (for the Student Version One-Year License). Licensees of the Standard Student License Term agree that their Student License expires automatically immediately after the duration of Licensee's enrollment in a degree-granting institution or participation in a continuing education program of a degree-granting institution. Licensees of the One-Year Student License Term agree that their Student License expires automatically after one year, as measured from the date the Student License is first activated. 6. INSTALLATION AND USE. The Student License permits the Licensee to use the Programs at any time during the Term in accordance with the Agreement on not more than two (2) Computers that Licensee owns or leases provided (i) the Programs are only accessible to, and operated by, Licensee, and (ii) Licensee has provided machine-specific identification for such Computers through the registration and activation process. Network installation is prohibited. 7. SOFTWARE MAINTENANCE SERVICE. Software Maintenance Service is not available for a Student License. 8. ASSIGNMENT. Student Licenses are nontransferable. 9. DISTRIBUTION OF STUDENT VERSION LICENSES BY DEGREE-GRANTING EDUCATIONAL INSTITUTIONS. A degree-granting educational institution (the "Institution") may place orders for Student Licenses and add-on Programs for its enrolled students only for installation and use in accordance with this Addendum. It is expressly understood and agreed the Institution shall take appropriate action to ensure (i) the Agreement including this Addendum is delivered to each student Licensee intact with the distribution of media; (ii) media seal notices provided by MathWorks regarding the licensing of the Programs are delivered intact to the student Licensees in receipt of media; and (iii) each student Licensee is instructed not to copy the Programs or use them for commercial purposes, and is required by the Institution to de-install the Programs at the expiration of the Term for such student Licensee. THE MATHWORKS, INC. SOFTWARE LICENSE AGREEMENT - Deployment Addendum This is an Addendum to The MathWorks, Inc. Software License Agreement (the "Agreement"), and the terms and conditions of this Addendum are incorporated therein. Each capitalized term used herein and not defined herein shall have the meaning ascribed to it in the Agreement. 1. PURPOSE. The MathWorks, Inc. Software License Agreement (the "Agreement") contains restrictions prohibiting Licensee from modifying, distributing, or providing access to the Programs or any Program Components (as defined below), except as expressly provided in this Addendum. If the Programs licensed by Licensee under the Agreement contain Source Code or Object Code Program Components, then this Addendum sets forth the Licensee's rights with respect to creating Applications and Derivative Forms and distributing Applications, Derivative Forms, and Deployment Programs, as well as certain additional obligations related thereto. MathWorks or its Licensors retain all right, title, and interest in its Programs, Program Components, and Derivative Forms of its Programs. 2. USER CREATED FILES. This Addendum does not apply to M-files, MDL-files, MEX-files, MAT-files, VHDL-files, Verilog-files, FIG-files and P-files that are created by Licensee and that do not include any code obtained from M-files, MAT-files, P-code, MDL-files, C/C++ files, VHDL-files, Verilog-files, TLC-files, or other Source Code files supplied with the Programs ("User Files"). Licensee may distribute, sublicense, and resell without restriction, User Files. 3. NONCOMPETITION. Licensee agrees not to use the Programs, Derivative Forms, Generated Forms, or Program Components to make or distribute its own or a Third Party's Application, a principal purpose of which, as reasonably determined by MathWorks, is to perform the same or similar functions as Programs licensed by MathWorks or which replaces any component of the Programs. Licensee shall not otherwise use the Programs to compete with the products or businesses of MathWorks, including by distributing Libraries, or any form of an entire Program or a substantial portion of a Program. 4. DEFINITIONS. 4.1. Application. A software file that Licensee has created by either (a) using a MathWorks Program to compile or translate Licensee created Source Code or (b) incorporating or linking any part of any Source Code, library file, or other Program Component provided with the Program. An Application must contain original code developed by Licensee and must provide substantial functionality not contained in, or provided by, the Program Components that are incorporated into such Application. If a software file created by a Licensee incorporates Program Components, but does not meet the requirements of the previous sentence, then it is a Derivative Form (as defined below). An Application may contain Linked Object Code which, if such Object Code was not Linked to the Application and was a standalone file, would otherwise have been deemed a Derivative Form. 4.2. Application License. A license granted by Licensee to its end-users for the installation and use of Licensee's Application. 4.3. Generated Forms. The output of the MATLAB Compiler, Real-Time Workshop(R), Stateflow(R) Coder, Simulink(R) HDL Coder, Embedded Coders, and other MathWorks' code generation Programs in the form of Source Code, as well as such Source Code converted to Object Code or Linked forms. 4.4. Derivative Forms. A software file that Licensee has derived from one or more Program Components (including without limitation by incorporating, translating, or modifying, in whole or in part, any Program Component), and which, if modified or copied without MathWorks' authorization, would constitute a copyright infringement or breach of the Agreement. A software file created by Licensee which qualifies as an "Application" under the above definition shall not be deemed a Derivative Form. 4.5. Linked. An executable or loadable file created by a compiler or linker program combining Object Code module files. 4.6. MAT-file. The file format in which MATLAB stores data. 4.7. MCR Libraries. MATLAB Component Runtime support libraries and other files for deployment of Applications created with the MATLAB Compiler. 4.8. Object Code. The code created by a system compiler from source code; also called "machine-readable code". Object Code can be Linked with an appropriate linker to resolve address references and may be combined with other Object Code for targeted execution on a specific processor. Object Code includes "Object Code libraries" and "shared libraries," which are groupings of Object Code for specific purposes. 4.9. Program Component. Any portion of, or file provided with, a Program. 4.10. Source Code. Human-readable program code written in a higher-level language such as C, C++, Java(TM), MATLAB(R), MDL, VHDL, Verilog, or Fortran, which must be translated or compiled into machine-readable language before it can be executed by a Computer. Source Code also includes header files and other human-readable files necessary for a Program to be compiled in the higher-level language. 4.11. Standalone Application. An Application created using programming languages and tools other than the Programs, which executes outside of the Programs. 4.12. Deployment Program. Any MathWorks Program that either (a) generates Object Code or Source Code in response to user input, or (b) contains executable functions or data accessed by an Application (such as a DLL file). 5. DEPLOYMENT PROGRAMS. Licensed Users of MathWorks' Deployment Programs may automatically generate code from M-files, Simulink(R)/Stateflow(R) diagrams, and other representations, into Generated Forms. Furthermore, Licensee may copy and deploy these Generated Forms for use outside of the Programs. Not all Programs are eligible for deployment within Licensee's Application. For a list of Ineligible Programs see www.mathworks.com/ineligible_programs. 5.1. MATLAB(R) Application Deployment Programs 5.1.1. MATLAB(R) Compiler. Licensee may use and distribute the MCR Libraries for the sole purpose of running Licensed User's Application generated by the MATLAB Compiler. Licensee may deploy, at no cost, copies of such Applications that incorporate the MCR Libraries and compiled versions of M-files from the licensed Programs required for the Application. No further fees shall be due to MathWorks for such deployment within such Applications, regardless of whether the Application is distributed solely for Licensee's Internal Operations or to Third Parties. Licensee may make copies of the MCR Libraries accessible for deployment on an internal server provided such deployment is solely to its Licensed Users for use with an Application and for Licensee's Internal Operations only. Licensee agrees to employ the same security measures to protect the MCR Libraries as it uses to safeguard Licensee's own proprietary intellectual property, but in no event less than reasonable care. No further fees shall be due to MathWorks for such server deployment. Licensee is prohibited from making copies of the MCR Libraries accessible to any Third Party separate from a Licensed User's Application. 5.1.1.1. Licensed User may include, by compilation for deployment, only those select M-files from the licensed Programs required for the Application. 5.1.1.2. In no event shall Licensee distribute any library header files. 5.1.1.3. Licensee's Application may not provide functionality or behavior similar to that of the MATLAB command line. 5.1.1.4. Licensee's Application may not allow operation of the code generation capabilities of Programs. 5.1.1.5. Licensee's Application may not provide access to an entire Program or a substantial portion of a Program. 5.1.1.6. Licensee shall include the notice "MATLAB(R). (c) 1984 - [INSERT YEAR MATLAB VERSION PUBLISHED] The MathWorks, Inc." in the deployed Application's About Box, or similar visible location, and in the applicable documentation distributed with each copy of the Application. 5.1.1.7. Licensee must state in the documentation or other materials distributed with the Application that Licensee's limited rights to the deployment are governed by a certain license agreement between Licensee and MathWorks. Licensee may not modify or remove any license agreement file (MathWorks or Third-Party) that is included with the MCR Libraries ("MCR Library License"). Licensee shall insure that any licensee of the Application must first accept the terms of such MCR Library License prior to installation of the Application. 5.2. Simulink(R) Application Deployment Programs 5.2.1. Deployment Programs. MathWorks provides directories of C, C++, Assembly, linker command files, template makefiles, project files, and TLC source code files with Programs that implement the real-time framework, code generation instructions, libraries, and Application Programming Interface (API) for use with the code generated by the Simulink family of products, including Real-Time Workshop, Stateflow Coder, Simulink HDL Coder, Embedded Coders and other Programs. Licensee may use, copy, and modify these files in source code form for different development targets provided that they are only copied for development use in connection with Real-Time Workshop, Embedded Coders, Stateflow Coder, or other code generation Programs. 5.2.1.1. Licensee may copy and deploy these files outside of the Programs in Linked Object Code form or Source Code form, if only used in combination with code generated by those Programs as part of a larger standalone Application. 5.2.1.2. No further fees shall be due to MathWorks for such deployment within Licensee's Application, regardless of whether the Application is deployed solely for Licensee's Internal Operations or to Third Parties. 5.2.2. Real-Time Windows Target. Licensee may not incorporate Real-Time Windows Target into an Application for deployment without contracting with MathWorks for an OEM or VAR agreement. 5.2.3. xPC Target. Licensee may develop Applications that incorporate Linked-in copies of xPC Target and those files required for the Application that have been compiled or otherwise obtained from Real-Time Workshop and/or Stateflow Coder on a single development PC, and download that Application to a target PC directly connected to the development PC by either Ethernet or serial connections. When running on xPC TargetBox(R), the Application may also be used for standalone operation, without connection to the development PC. 5.2.3.1. The right to distribute the Application beyond the target PC is contingent upon acquiring a License for the xPC Target Embedded Option. No further fees shall be due to MathWorks for such deployment within Licensee's Application, regardless of whether the Application is deployed solely for Licensee's Internal Operations or to Third Parties. Additionally, the Embedded Option License allows for the deployment of API DLL's beyond the development PC. No further fees shall be due to MathWorks for such deployment outside of an Application, regardless of whether the API DLL's are deployed solely for Licensee's Internal Operations or to Third Parties. 6. OTHER SOURCE CODE AND SHARED OBJECT CODE LIBRARIES. 6.1. Programs may include selected Source Code and shared Object Code library files that implement various documented application programming interface capabilities of the Programs for which the Source Code or shared library file is part. 6.1.1. Licensed User may use and modify the selected Source Code files solely for creation of Licensee's own Applications. Licensee may copy and distribute Object Code compiled from this Source Code, but only as either standalone Object Code file (regardless whether a Derivative Form) or Object Code Linked to the Application, and only for use with and deployment of Licensee's own Application. 6.1.2. Licensee may use, copy and distribute shared Object Code library files (regardless whether a Derivative Form) for deployment of Licensee's own Application, but only if a header file exists in the Program for the shared library file. Licensee may not copy or distribute header files themselves. 6.1.3. Licensee may not transfer Source Code, development rights, or development capabilities for any Source Code or Object Code to any Third Party. 6.2. MAT-files. Licensed User may create and distribute Applications that read MAT-files using the MAT-file API, however, if such Applications are distributed to Third Parties, they must also implement MAT-file write capability. 7. DERIVATIVE FORMS. A Licensee shall only be permitted to distribute a Derivative Form to Third Parties (a) to the extent expressly permitted under Articles 5 or 6 of this Addendum, or (b) subject to the requirements of this Article 7. A Licensee may only distribute a Derivative Form to a Third Party under this Article 7 if such Third Party is bound by a Software License Agreement with MathWorks that requires such Third Party to treat such Derivative Forms received from Licensee as such Third Party's own Derivative Form thereunder. Licensee agrees that if such a Third Party provides Licensee with software that is a Derivative Form under the terms of such Third Party's Software License Agreement with MathWorks (or would otherwise be a Derivative Form under the terms of this Agreement), then Licensee shall treat such software as a Derivative Form hereunder as if Licensee has modified or generated the software itself. 8. WEB APPLICATIONS. Only Programs licensed under the Network Concurrent User or Designated Computer Installation Types may be called from within a web Standalone Application, provided the web Standalone Application does not provide access to the MATLAB command line, or any of the licensed Programs with code generation capabilities. In addition, Licensed Users may not provide access to an entire Program or a substantial portion of a Program. Such operation of a Standalone Application via a web interface may be provided to an unlimited number of web browser clients, at no cost, for Licensee's own use for its Internal Operations, and for use by Third Parties. 9. APPLICATION LICENSING. For any distribution of Applications containing Object Code or Generated Forms to: 9.1. Licensee's internal organization: Licensee shall take appropriate action by instruction, agreement, or otherwise with any recipients of the Application, so as to enable Licensee to satisfy its obligations under the terms of this Addendum and the Agreement. 9.2. Third Parties: Your Application shall be accompanied by an Application License whose terms and conditions are at least as restrictive as the Agreement, unless the Application is part of an embedded system that has no provision for licensing to its end users. 9.2.1. The Application license for Third Parties must explicitly exclude MathWorks and its Licensors from all liability for damages or any obligation to provide remedial actions. 9.2.2. In no circumstance shall Licensee include a warranty for any form of a Program that is inconsistent with or additional to the warranty contained in the Agreement. 9.2.3. The additional translation, use, and deployment rights granted in this Addendum are nontransferable without MathWorks' consent and shall not be conveyed in Licensee's Application license. 9.2.4. All copyright and proprietary notices for the Programs that appear in the original form delivered to Licensee shall be duplicated and included with Licensee's own copyright notices for the Application, wherever they appear. 9.2.5. Licensee may not remove any copyright, trademark, logo, proprietary rights, disclaimer or warning notice included on or embedded in any part of the deployed Application. 9.3. Notwithstanding the termination of the Agreement, all valid Application licenses shall remain and continue in full force and effect, and, if the Agreement was not terminated due to: (a) Licensee's failure to pay the applicable fees to MathWorks, (b) Licensee's violation of the License restrictions, or (c) violation of MathWorks' proprietary rights in the Programs; then Licensee may continue to use the Programs to support Applications that have been placed in use pursuant to an Application License prior to the effective date of termination. 10. DISCLAIMER OF OBLIGATIONS AND LIABILITY. 10.1. MathWorks shall have no support or warranty obligations, and disclaims all liability, for Applications developed or distributed by Licensee. 10.2. Licensee agrees that prior to using, incorporating, or distributing the Programs in any Application, it will thoroughly test and validate the Application and the functionality of the Programs in that Application and be solely responsible for any problems or failures. 10.3. Licensee will defend, indemnify, and hold harmless MathWorks and its Licensors, officers, directors, employees, agents and resellers from and against any damages, liabilities, costs and expenses (including reasonable fees of MathWorks' attorneys) arising out of any Third Party claim or demand based on or arising from, out of or in connection with (i) the creation, use, or distribution of any Applications or (ii) the use of the Programs by Licensee. 11. GENERAL. Licensee acknowledges and agrees that a breach of the obligations set forth in this Addendum shall be a material breach of the Agreement. September 2007 PN 20348 ############################################################ This is the attribution for package 'ARM' /* Copyright (c) 2009 - 2015 ARM LIMITED All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: - Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. - Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. - Neither the name of ARM nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL COPYRIGHT HOLDERS AND CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ---------------------------------------------------------------------------*/ ############################################################ This is the attribution for package 'ST-BSP' Copyright © 2015 STMicroelectronics International N.V.. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted, provided that the following conditions are met: 1. Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. Neither the name of STMicroelectronics nor the names of other contributors to this software may be used to endorse or promote products derived from this software without specific written permission. 4. This software, including modifications and/or derivative works of this software, must execute solely and exclusively on microcontroller or microprocessor devices manufactured by or for STMicroelectronics. 5. Redistribution and use of this software other than as permitted under this license is void and will automatically terminate your rights under this license. THIS SOFTWARE IS PROVIDED BY STMICROELECTRONICS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL STMICROELECTRONICS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ############################################################ This is the attribution for package 'FreeRTOS' The FreeRTOS open source license covers the FreeRTOS source files, which are located in the /FreeRTOS/Source directory of the official FreeRTOS download. It also covers most of the source files in the demo application projects, which are located in the /FreeRTOS/Demo directory of the official FreeRTOS download. The demo projects may also include third party software that is not part of FreeRTOS and is licensed separately to FreeRTOS. Examples of third party software includes header files provided by chip or tools vendors, linker scripts, peripheral drivers, etc. All the software in subdirectories of the /FreeRTOS directory is either open source or distributed with permission, and is free for use. For the avoidance of doubt, refer to the comments at the top of each source file. The FreeRTOS GPL Exception text on this page applies to FreeRTOS V8.2.3 up to the latest version. The FreeRTOS GPL exception text that applies to versions prior to V8.2.3 is very similar, and can be found in the relevant FreeRTOS distribution packages. ---------------------------------------------------------------------------- NOTE: The modification to the GPL is included to allow you to distribute a combined work that includes FreeRTOS without being obliged to provide the source code for proprietary components. ---------------------------------------------------------------------------- The FreeRTOS GPL exception text follows: Any FreeRTOS *source code*, whether modified or in it's original release form, or whether in whole or in part, can only be distributed by you under the terms of the GNU General Public License plus this exception. An independent module is a module which is not derived from or based on FreeRTOS. Clause 1: Linking FreeRTOS with other modules is making a combined work based on FreeRTOS. Thus, the terms and conditions of the GNU General Public License V2 cover the whole combination. As a special exception, the copyright holders of FreeRTOS give you permission to link FreeRTOS with independent modules to produce a statically linked executable, regardless of the license terms of these independent modules, and to copy and distribute the resulting executable under terms of your choice, provided that you also meet, for each linked independent module, the terms and conditions of the license of that module. An independent module is a module which is not derived from or based on FreeRTOS. Clause 2: FreeRTOS may not be used for any competitive or comparative purpose, including the publication of any form of run time or compile time metric, without the express permission of Real Time Engineers Ltd. (this is the norm within the industry and is intended to ensure information accuracy). -------------------------------------------------------------------- The standard GPL V2 text: GNU GENERAL PUBLIC LICENSE Version 2, June 1991 Copyright (C) 1989, 1991 Free Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too. When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights. We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations. Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. The precise terms and conditions for copying, distribution and modification follow. GNU GENERAL PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION 0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. 1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. 4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. 5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. 6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. 7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. 8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. 9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. 10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. NO WARRANTY 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END OF TERMS AND CONDITIONS How to Apply These Terms to Your New Programs If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms. To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found. Copyright (C) This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License** as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA Also add information on how to contact you by electronic and paper mail. If the program is interactive, make it output a short notice like this when it starts in an interactive mode: Gnomovision version 69, Copyright (C) year name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details. The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program. You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names: Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by James Hacker. , 1 April 1989 Ty Coon, President of Vice This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License. ############################################################ This is the attribution for package 'IAR' February 2013 SOFTWARE LICENSE AGREEMENT Concerning the Products: IAR Embedded Workbench® and visualSTATE® from IAR Systems AB PREAMBLE THIS SOFTWARE LICENSE AGREEMENT (“THE AGREEMENT") APPLIES TO PRODUCTS LICENSED BY IAR SYSTEMS AB INCLUDING ANY OF ITS SUBSIDIARIES ("IAR SYSTEMS") OR DISTRIBUTORS ("IAR DISTRIBUTORS"), TO YOU ("THE LICENSEE"). The order confirmation from IAR Systems, or when applicable the agreement between IAR Systems and the Licensee, will set out, apart from the applicable licensed product and license fee (which will also be stated in the Invoice), a) if the License in question is a PC-locked License or a Multi-user License, b) in case of a Multi-user License with the allowed number of simultaneous users, c) if the license includes a time limited Support and Update Service and in such cases the expiry date of such service. Any opening of a package where these terms have been stated or referred to, and any use of IAR Systems software, is subject to these terms and conditions. YOU AS A USER OF THE LICENSED PRODUCTS STATED ABOVE AND ON THE INVOICE, WILL BIND THE CORPORATION OR ORGANIZATION ALSO SET OUT ON THE INVOICE TO THIS AGREEMENT, BY OPENING OF A PACKAGE OR INSTALLING SOFTWARE WHERE THIS AGREEMENT HAS BEEN STATED OR REFERRED TO. IF YOU ARE NOT IN AGREEMENT WITH THE TERMS HEREIN, OR DO NOT HAVE THE AUTHORITY TO BIND YOUR CORPORATION OR ORGANIZATION TO THESE TERMS, YOU SHALL IMMEDIATELY CONTACT IAR SYSTEMS AND YOU MAY NOT INSTALL ANY SOFTWARE OR MAKE USE OF ANY PARTS OF THE PRODUCT. 1. DEFINITIONS The following terms have the meanings set forth below whenever they are used in this Agreement: 1.1 "Executable Software" means a copy of the executable code version of the software program(s) included in the enclosed package or otherwise specified in this Agreement or Invoice (including any link-time and runtime modules), along with templates and other instructions and any Software updates, revisions, and additional modules and templates (if any) that the Licensee may receive from IAR Systems hereunder from time to time. 1.2 "Software Source Code" has the meaning set out in section 3.7. 1.3 “Software” is a collective term for Executable Software and Software Source Code as defined above. 1.4 "Documentation" means a copy of the documentation, as provided by IAR Systems together with the Software for use by the Licensee. 1.5 "Product" means the Software and Documentation licensed to the Licensee under the conditions of this Agreement. 1.6 "Invoice" means IAR Systems’ or IAR Distributor’s invoice to the Licensee for the Product license granted hereunder. 1.7 "PC-locked License" has the meaning set out in section 3.2. 1.8 “Mobile License” has the meaning set out in section 3.3. 1.9 “Multi-user License” has the meanings set out in section 3.4. 1.10 "Network License" has the meanings set out in section 3.5. 1.11 “Global Network License” has the meanings set out in section 3.6. 1.12 “Concurrent Users” has the meaning as set out in section 3.7. 1.13 “Commuter license” has the meaning as set out in section 3.8. 1.14 “Evaluation License” has the meanings set out in section 3.12. 1.15 “Site” means the physical premises of the Licensee within the borders of one city. 1.16 “Target Architecture” means the family or group of embedded micro-controller and micro-processor devices belonging to one processor architecture, as defined by its instruction set, and as specified on the Invoice. 1.17 “Support and Update Services” means the services set out in section 12. 2. TERM OF AGREEMENT 2.1 This Agreement shall become effective on the latest at the Licensee’s receipt of the Software and shall remain in effect for an indefinite period in time, subject to the terms and conditions set out below – in particular the right of IAR Systems to terminate the Agreement upon Licensee’s breach. Registration of the Licensee as a rightful user of Licensed Products shall be made in accordance with applicable instructions from IAR Systems. 2.2 For the avoidance of doubt: Also for Software delivered with a temporary license key (for some products called quick start key) enabling use for a limited time, the Agreement terms have become effective, including but not limited to its payment terms and use restrictions, already upon the Licensee’s receipt of the Software, regardless of whether registration is made or not. (Evaluation licenses without obligation to pay license fees, are available to the extent separately provided by IAR Systems.) 3. OWNERSHIP AND LICENSE GRANT 3.1 IAR Systems holds the copyright, trade secrets, and any other intellectual property rights which subsist in the Licensed Product and all copies thereof. No title or other rights in the Licensed Product (other than rights expressly granted herein) shall pass to the Licensee. THE PRODUCT IS LICENSED, NOT SOLD, TO THE LICENSEE FOR USE ONLY UNDER THE TERMS OF THIS AGREEMENT. THE LICENSEE ACKNOWLEDGES THAT THE PRODUCT CONSISTS OF PROPRIETARY, UNPUBLISHED PRODUCTS OF IAR SYSTEMS, PROTECTED UNDER INTERNATIONAL COPYRIGHT AND TRADE SECRET LAWS. 3.2 PC-locked License; To the extent the relevant license granted is a PC-locked License, the terms in 3.2.a and 3.2.b shall apply. A PC-locked License is a single-user license, locked to the computer where the software is installed. 3.2.a Subject to the terms and conditions of this Agreement, IAR Systems hereby grants to the Licensee a personal, non-transferable and non-exclusive PC-locked License to use the Software. The Licensee’s number of authorized users of the Software under the PClocked License, if more than one, is stated in the Invoice or otherwise in writing from IAR Systems. 3.2.b The PC-locked License may be used by the Licensee only on one single, self-contained computer unit (stationary or portable), designated through its IP number or other means of identification. A switch of the designated computer to another single computer may be allowed to transfer the license via a transfer program provided by IAR Systems within the license management system. The Software may not be accessed by users from other computer units than the unit designated as set forth in this clause; through modem, Internet or any other means of network or remote access. 3.3 Mobile License: To the extent the relevant license granted is a Mobile License, the terms in 3.3.a and 3.3.b shall apply. A Mobile License comes with a hardware lock (dongle). A hardware lock is a device to be attached to one of the computer’s external ports, which allows the Licensee to move the license to another computer. A hardware lock is part of the product package only to the extent explicitly ordered. 3.3.a Subject to the terms and conditions of this Agreement, IAR Systems hereby grants to the Licensee a personal, non-transferable and non-exclusive Mobile License to use the Software. The Licensee’s number of authorized users of the Software under the Mobile License, if more than one, is stated in the Invoice or otherwise in writing from IAR Systems. 3.3.b The Mobile License may be used by the Licensee only for one single user, but with the right to a switch of the designated computer to another single computer using a hardware lock. The Software may not be accessed by users from other computer units than the unit designated as set forth in this clause; through modem, Internet or any other means of network or remote access. 3.4 Multi-user License; To the extent the Product license granted is a Multi-user License, the terms in this 3.4 shall apply. Subject to the terms and conditions of this Agreement, IAR Systems hereby grants to the Licensee a personal, non-transferable and non-exclusive Multi-user License to use the Software. The Licensee’s number of authorized users of the Software under the Multiuser License, if more than one, is stated in the Invoice or otherwise in writing from IAR Systems or IAR Distributors. 3.5 A Network License is a Multi-user License, located on a single designated license server and used by multiple users on a network and on one Site only. The Network License is locked either to the computer where the license server software runs, or to a hardware lock (dongle). The use of a hardware lock allows to move the Network License to another server computer, in case of server failure. The Network License can be used on all client computers on the network where the Software is installed. However, the Network License is made for a maximum number of concurrent users. 3.6 A Global Network License is a Multi-user License, located on a license server and used by multiple users on a network that can be accessed from multiple Sites globally. The Global Network License is locked either to the computer where the license server software runs, or to a hardware lock (dongle). The use of a hardware lock allows to move the Global Network License to another server computer, in case of server failure. The Global Network License can be used on all client computers on the network where the Software is installed. However, the Global Network License is made for a maximum number of concurrent users. 3.7 Concurrent Users; For Products that are Executable Software and licensed as Network Licenses, the definition of concurrency is given by the license server software, which also keeps track of the number of current of users. A user session of an Executable Software is always a minimum of thirty (30) minutes, and is deemed to last for additional thirty (30) minutes after the last license activation by the license server. For Products including Software Source Code, the software shall be deemed in (concurrent) use on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g., hard disk, CDROM, or other storage device) of that computer. 3.8 Commuter licensing; For Products released 2012 and later including a new license management system (LMS) a commuter license is granted. Commuter licensing permits a temporary use of a network license on a personal computer not connected to the network for up to 15 days. The commuter license permits the use of the Product outside the designated Site. 3.9 Source Code License: If the Product Licensee receives hereunder contained software modules or components in source code format ("Software Source Code"), the following shall apply to such Software Source Code, in addition to all other provisions of this Agreement: The Licensee may use such Software Source Code only in conjunction with the Product and the Software Source Code or any derivative works thereof. The Software Source Code may only be compiled and linked with products from IAR Systems, and only in accordance with the provisions on such use set out in the Documentation and/or this Agreement. The Licensee is strictly prohibited to make any other use of the Software Source Code. Any breach of this Section 3.9 shall be considered a material breach of this Agreement. THE LICENSEE ACKNOWLEDGES THAT THE SOFTWARE SOURCE CODE EMBEDS COPYRIGHTED AND PROPRIETY INFORMATION OF IAR SYSTEMS, AND THAT MAKING SOFTWARE SOURCE CODE ACCESSIBLE TO OTHERS OUTSIDE THE SCOPE OF THIS AGREEMENT, BY THE NATURE OF SOURCE CODE, SEVERELY DAMAGES THE INTELLECTUAL PROPERTY RIGHTS OF IAR SYSTEMS, AND AGREES TO COMPENSATE IAR FOR ALL DAMAGE RESULTING FROM SUCH BREACH, THAT CAN BE REASONABLY SUBSTANTIATED BY IAR. The Licensee shall keep and protect the Software Source Code with at least the same degree of care as its own proprietary source code, as further specified in section 5. 3.10 If the Product the Licensee receives hereunder contains Third Party-Owned software, the use of such Third Party-Owned software may be restricted to a specific Target Architecture. See Section 11.2 below. 3.11 Back-up Copies: The Licensee may make back-up copies of the Software in machine executable code form, only to be used in the event and to the extent that the copy of the Software received from IAR Systems fails to function, is lost, damaged, or destroyed. The Licensee warrants that it will make no other copies of the Software and will not allow, authorize, or assist others to copy any part or all of the Software in any form without the prior written approval of IAR Systems. There may be no more copies than are necessary to form part of a reasonable back-up cycle for the Licensee. Back-up copies of the Software may be kept by the Licensee in a bank deposit or other such secure place as is normally used by the Licensee for storage of its computer program back-ups. The rights for the Licensee under this section shall not in any case include any measures to affect or decrease the function of the software protection included in the software. 3.12 An Evaluation License is solely intended for testing and evaluation purposes. Any other use than for testing and evaluation is prohibited. IAR Systems has no obligation to provide support or related services and no warranties. IN NO EVENT SHALL IAR SYSTEMS BE LIABLE TO THE OTHER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR TORT DAMAGES OF ANY NATURE OR KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS, IN CONNECTION WITH OR ARISING OUT OF THE USE OR PERFORMANCE OF SOFTWARE, SUPPORT MATERIALS, OR THE PROVISION OF SERVICES, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Section 11 in this Software License Agreement may also apply to an Evaluation License. 4. LICENSE RESTRICTIONS 4.1 The Licensee may not remove, make emulation, reverse engineer, decompile, or disassemble the Executable Software. Licensee is not allowed to derive the source or assembly code of files provided in executable or object formats. The Licensee accepts that all information gained about the Software is the valuable intellectual property of IAR Systems and as such must be treated as confidential as described under Article 5. The Licensee warrants that it will not sell, license, lease, rent, loan, lend, transmit, network, communicate, or otherwise distribute or transfer the Software in any manner to any third party whether on a permanent or temporary basis, except as explicitly stated in this Agreement. Furthermore the Licensee warrants that it will not use or permit the use of (including without limitation by time sharing or network use) the Software for the benefit of any entity other than the Licensee; or in a computer service business; make unauthorized copies of the documentation; make verbal or media translations of the documentation; make telecommunications data transmissions of the Software; use long-haul gateways on any central processing unit on which the Software is used. The Licensee is also expressly prohibited from adapting, modifying, revising, improving, upgrading, enhancing, and creating derivative works of the Executable Software for any purpose including error correction or any other type of maintenance. 4.2 The Licensee shall keep records of the Licensee’s use of Software. The Licensee shall make the records available to either IAR Systems or a neutral third party on reasonable notice, as agreed between the parties. In the case of a neutral third party audit, IAR Systems and Licensee shall in good faith mutually appoint an auditor. Should such an agreement not be reached within 60 days after IAR Systems notice, then the parties agree to have Business Software Alliance conduct such an audit, or itself elect an auditor. The Licensee will permit IAR Systems or a third party, as the case may be, to have access to the Licensee’s records and computer systems and to use software audit tools on the Licensee’s systems to ensure that the Licensee is using its software in accordance with the applicable license terms. Upon the Licensee’s request, the party conducting the audit with the Licensee shall enter into a non-disclosure agreement with the Licensee, to protect the Licensee's propriety and/or confidential information. Information retrieved and/or conveyed to IAR Systems as a result of such an audit as here described shall be limited as to only ensure that the Licensee is using its software in accordance with the applicable license terms, or evidence of the contrary. 4.3 Subject to the other terms herein, and with the Licensee as fully responsible for all actions or omissions of such a consultant, Licensee may let a consultant use the Software for work solely on behalf of the Licensee for the licensed purpose and provided that the Software is not used for any other purpose or third party. 4.4 Upon each and every breach by the Licensee hereunder a contractual penalty amounting to 200% for breach under sections 3.2, 3.3, 3.4, 3.5, 3.6, 3.11, 4.1 or 4.3 and 1000% for breach under section 3.8 of the applicable licensee fee under the relevant Invoice is payable by the Licensee to IAR Systems. In case IAR Systems’ actual damage due to the breach would exceed this amount, also the remainder shall be paid by the Licensee, see also Section 3.8. 5. CONFIDENTIALITY 5.1 The Licensee agrees that all material and information relating to the Software is made available for the use solely under and in accordance with this Agreement. The Licensee has no right at any time during or after cancellation or termination of this Agreement to disclose such material and/or information relating to the Software, whether directly or indirectly, to any third party without IAR Systems’ prior written approval. The Licensee shall hold harmless, defend, and indemnify IAR Systems from and against any and all losses, costs, damages, and expenses arising out of or in connection with the Licensee’s failure to comply with requirements of this Article 5. The Licensee’s confidentiality obligations hereunder shall survive cancellation or termination, for any reason, of this Agreement. 6. PAYMENT TERMS AND CONDITIONS 6.1 In consideration of the rights granted and services rendered by IAR Systems under this Agreement, the Licensee shall pay the license fees for the Software as specified in the Invoice. Payments are to be made according to the payment schedule stated in the Invoice, or if not stated, invoices are payable within 30 days of the invoice date. 6.2 If the Licensee fails to effect payment within the stipulated time, IAR Systems or IAR Distributors shall be entitled to a) charge interest after due date as stated in the Invoice, or if not stated in the invoice, the interest charged will be the reference rate set by Sweden’s central bank (the Riksbank) + 8%. b) postpone the fulfilment of any of its own obligations until payment is made, and/or c) terminate the Agreement by notice in writing to the Licensee and recover from the Licensee any and all loss incurred. 6.3 All prices are exclusive of, and the Licensee is responsible for, all fees and taxes, including custom duties, importation fees, sales, use, withholding, gross revenue, and like taxes, dues, and charges assessed or incurred in connection with the provision of goods and services under this Agreement. 7. LIMITED WARRANTY 7.1 IAR Systems warrants that the media on which the Software is recorded upon receipt by the Licensee will be free from defects in materials and faulty workmanship under normal use for a period of ninety (90) days from the date of delivery to the Licensee. During this warranty period IAR Systems will, at its option, after its receipt of the media in return, repair or replace, free of charge, defective media upon which the Software was supplied and record a copy of the Software on the repaired or replacement media. Said repair or replacement shall be the Licensee’s exclusive remedy under this media warranty. Notwithstanding the foregoing, IAR Systems shall have no responsibility to repair or replace a media which, in IAR Systems’ opinion, has been damaged by the Licensee by accident, abuse, or as a result of attempted self-maintenance service. 7.2 IAR Systems does not warrant that the Software will meet the Licensee’s requirements or that the operation of the Software will be uninterrupted and error free. The Licensee is solely responsible for the selection of the Software to achieve its intended results or for the results actually obtained. 7.3 The above warranty does not apply to conditions resulting from improper use, external causes, including service or modifications not performed by IAR Systems or a contractor appointed by IAR Systems, or operation outside the specified environmental parameters. IAR Systems will not be responsible for operation of the Software other than on the host equipment specified in the Invoice and in conjunction with the operating environment designated for each version of the Software. Minor deviations from the above warranty, which are of little importance for the intended use of the Software and which do not cause more than minor inconvenience for the Licensee shall not be considered as breaches of the above warranty. 7.4 THE ABOVE WARRANTY IS IAR SYSTEMS’ ONLY WARRANTY WITH REGARD TO THE SOFTWARE AND THIS AGREEMENT AND, SAVE AS PROVIDED IN THIS AGREEMENT, NO OTHER WARRANTY OR CONDITION, EXPRESSED OR IMPLIED, WILL APPLY, AND THE LICENSEE WILL NOT RAISE ANY OTHER CLAIMS BASED ON THE PERFORMANCE OR LACK OF PERFORMANCE OF THE SOFTWARE. IAR SYSTEMS SPECIFICALLY EXCLUDES ALL OTHER WARRANTIES, REPRESENTATIONS OR UNDERTAKINGS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT, OR OF ANY OTHER WARRANTY OBLIGATION ON THE PART OF IAR SYSTEMS. 7.5 IAR Systems expressly disclaims any liability for any hardware or software solutions at the Licensee which may affect the performance of the Software, including but not limited to network configurations. 7.6 The provisions of this Article 7 shall survive any expiration or termination of this Agreement. 8. INTELLECTUAL PROPERTY INFRINGEMENT 8.1 IAR Systems will in the way set out in 8.2, and subject to all limitations therein, act on any action brought against the Licensee to the extent it is based on a claim that the Software as it exists on the date of the Invoice infringes any patent or copyright duly issued under the laws of the country under which IAR Systems or the Licensee is organized. 8.2 IAR Systems shall, in the way set out below, as sole remedy, act on a third-party claim that the Software infringes the intellectual property rights of such party, provided that IAR Systems is given prompt notice of such claim and is given information, reasonable assistance, and sole authority to defend or settle the claim. IAR Systems may at its option obtain the right for the Licensee to continue using the infringing IAR Product, replace or modify the infringing Product until it becomes non-infringing, or if such replacement or modification is not reasonably available, terminate this license with respect to the infringing Product and provide for a reasonable refund of fees paid by the Licensee to IAR Systems for the IAR Product so affected. 8.3 IAR Systems shall not have any liability if the alleged infringement arises out of unauthorized use of the Software, postdelivery, nonIAR Systems modifications, or the combination with other products or devices not furnished by IAR Systems. THE OBLIGATIONS STATED IN THIS SECTION ARE IAR SYSTEMS’ SOLE LIABILITIES AND THE LICENSEE’S SOLE REMEDIES FOR INFRINGEMENT OF PATENTS AND COPYRIGHTS. FOR THE AVOIDANCE OF DOUBT: THE LIABILITY OF IAR SYSTEMS UNDER THIS SECTION 8 MAY NEVER EXCEED THE LICENSE FEE PAID BY THE LICENSEE. 9. FORCE MAJEURE 9.1 Either party shall be excused from fulfilment of any obligation under this Agreement only to the extent that and for so long as such performance is prevented or delayed by an industrial dispute or any other cause beyond its reasonable control, such as, but not limited to, riots; floods; war; warlike hostilities; fires; embargo; shortage of labor, power, fuel, means of transportation, or common lack of other necessities. A party wishing to claim relief under this Article shall forthwith notify the other party in writing on the intervention and on the cessation of such circumstance. 10. LIMITATION OF LIABILITY 10.1 THE USE OF THE SOFTWARE AND ALL CONSEQUENCES ARISING THEREFROM IS THE SOLE RESPONSIBILITY OF LICENSEE. IAR SYSTEMS SHALL NOT BE LIABLE TO THE LICENSEE FOR ANY LOSS OR DAMAGE CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE SOFTWARE, THE USE OF THE SOFTWARE, OR OTHERWISE. 10.2 IAR SYSTEMS’ LIABILITY VIS-À-VIS THE LICENSEE UNDER THIS AGREEMENT SHALL UNDER ALL CIRCUMSTANCES BE LIMITED TO FIFTY (50) PER CENT OF THE LICENSE FEE FOR THE SOFTWARE PAID BY THE LICENSEE HEREUNDER, PROVIDED HOWEVER THAT IF SECTION 8 IS APPLICABLE THE TOTAL LIABILITY OF IAR SYSTEMS HEREUNDER MAY INSTEAD NEVER EXCEED 100% OF THE LICENSE FEE PAID BY THE LICENSEE HEREUNDER FOR SUCH SOFTWARE. 10.3 IAR SYSTEMS SHALL IN NO EVENT BE LIABLE TO THE LICENSEE UNDER THIS AGREEMENT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY LEGAL THEORY, SUCH AS LOSS OF DATA, USE AND/OR PROFITS, BUSINESS INTERRUPTION OR DOWNTIME COSTS AND CAPITAL COSTS OR CLAIM OF THIRD PARTY, WHETHER ON ACCOUNT OF DEFECTS, PERFORMANCES, NON-PERFORMANCES, DELAYS, PERSONAL INJURIES, PROPERTY DAMAGES, OR OTHERWISE, REGARDLESS WHETHER IAR SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10.4 NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT THE LIABILITY UNDER APPLICABLE COMPULSORY LAW OF IAR SYSTEMS FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE. 10.5 The provisions of this Article 10 shall survive the cancellation or termination of this Agreement. 11. THIRD PARTY RIGHTS 11.1 The IAR Embedded Workbench for Eclipse includes Eclipse Materials. This License does not apply to such Eclipse Material and this is not included in the term “Software” under this License. You agree to comply with all terms and conditions imposed on you in respect of such Eclipse Materials. 11.1.1 The Eclipse Materials are licensed under the terms of the Eclipse Public License (EPL), Version 1.0, a copy of which is included in the Eclipse Materials and also available at http://www.opensource.org/licenses/eclipse-1.0.php. 11.2 The IAR Embedded Workbench may include Third Party-Owned software. In addition to all other provisions of this License the Third Party-Owned software shall also be subject to the supplemental terms and conditions governing such Third Party-Owned software. These supplemental terms add to the terms of this License and shall supersede any inconsistent or conflicting terms in this License as they pertain to the Third Party-Owned software. If the Product the Licensee receives hereunder contains Third Party-Owned software the Licensee agree to comply with all terms and conditions imposed on you in respect of such Third PartyOwned software. 11.2.1 The Third Party-Owned Software is subject to the additional terms of each Third Party and a copy of these supplemental terms is available at http://www.iar.com/en/products/software-licenses. 12. SUPPORT AND UPDATE AGREEMENT (SUA) 12.1 Excluding what is specified in Section 12.2 and/or Section 7 of this Agreement, this Agreement does not grant the Licensee any right whatsoever to any improvements, modifications, enhancements or updates to the Software, or any other support services relating to the Software. 12.2 To the extent that the license granted includes a time-limited Support and Update Service, the Licensee will be entitled to the services defined in the Support and Update Agreement (“SUA”) attached hereto. In the case that the license granted does not include Support and Update Services or in the case where such services have expired, the Licensee may, depending on the nature of the granted license, purchase additional periods of Support and Update Services 12.3 Use of improvements, modifications, enhancements or updates received by the Licensee under IAR Systems’ Support and Update Agreement (SUA) or received under Section 7 of this Agreement, shall be governed by the terms and conditions contained herein. 13. TERMINATION OF THE AGREEMENT 13.1 IAR Systems shall have the right to terminate this Agreement with immediate effect if the Licensee is in breach of any of its obligations under this Agreement, including, but not limited to (a) use of the Software in any manner other than pursuant to the rights granted in Article 3 and 4, (b) breach of the confidentiality provisions of Article 5, or (c) failure of the Licensee to remit payments as provided in Article 6. 13.2 This Agreement will terminate immediately without notice if Licensee suspends its payments, becomes bankrupt or insolvent or enters into liquidation or otherwise can be regarded as insolvent. 13.3 Upon IAR Systems’ termination of this Agreement, as set out in this Article, then, IAR Systems may, at its option, and in addition to any other rights hereunder, and in addition to any other remedies available to IAR Systems under the law, in writing require the Licensee to return or destroy all versions of the Software and the Documentation and any and all documentation relating thereto on any media and in any form in Licensee’s possession. Licensee shall give a written confirmation to IAR Systems that all material related to the Software and its operation has been returned to IAR Systems or destroyed. The provisions of this Section 13.3 shall survive the cancellation or termination of this Agreement. 14. EXPORT CONTROL REGULATIONS 14.1 The Software and the Documentation is subject to export or import regulations in various countries, including the regulations of the United States Export Administration Act. The Licensee hereby agrees that the Licensee will not knowingly (a) export or reexport, directly or indirectly, any product or technical data or any controlled products restricted by applicable national regulations, including software, received from IAR Systems under this agreement, (b) disclose such technical data for use in, or (c) export or reexport, directly or indirectly, any direct product of such technical data or of such other controlled products, including software, to any destination to which such export or reexport is restricted or prohibited by U.S. or applicable non-U.S. law, without obtaining prior written consent of IAR Systems. 15. MISCELLANEOUS 15.1 This Agreement shall not in any situation be assignable or transferable in whole or in part by either party, without the prior written approval of the other party. This notwithstanding, IAR Systems shall be entitled to assign this Agreement in whole or in part to a company within the IAR Systems Group, and IAR Systems may assign this Agreement without penalty or detriment to its rights under this Agreement, and without the Licensee’s prior written consent, in the event of a merger or similar reorganization or sale of substantially all of IAR Systems’ assets. 15.2 No alteration or amendment to this Agreement shall be valid unless such alteration or amendment is made in writing and signed by the parties hereto. 15.3 Any notice or other communication under this Agreement shall be made in writing either by hand or by telefax (confirmed by airmail) or by certified or registered airmail first-class postage prepaid to the parties at the addresses stated in the Invoice (or at such other address a party may specify by written notice to the other). 15.4 This Agreement contains the entire understanding between the parties on its subject matter, and annuls and replaces any other agreements or understandings, whether written or oral, which may exist or have existed between the parties on the subject matter hereof. 15.5 This Agreement shall be governed by and construed in accordance with the substantive to the courts of the country in which IAR Systems is incorporated. Any dispute concerning this agreement or the interpretation or validity thereof, or any other dispute based thereon, shall be submitted to the courts of the country in which IAR Systems is incorporated. 15.6 The provisions of this Article 15 shall survive the cancellation or termination of this Agreement. This document contains Third Party Software Notices and/or Additional Terms and Conditions for licensed third party software components included within IAR Systems software product IAR Embedded Workbench. These notices and/or additional terms and conditions are made a part of and incorporated by reference into the IAR Software License Agreement. 1) Components used internally in IAR Embedded Workbench Third Party Software Notice/Terms SCINTILLA License for Scintilla and SciTE Copyright 1998-2002 by Neil Hodgson. All Rights Reserved. Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation. NEIL HODGSON DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE,INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL NEIL HODGSON BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE IBM ICU ICU License - ICU 1.8.1 and later COPYRIGHT AND PERMISSION NOTICE Copyright (c) 1995-2003 International Business Machines Corporation and others All rights reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, provided that the above copyright notice(s) and this permission notice appear in all copies of the Software and that both the above copyright notice(s) and this permission notice appear in supporting documentation. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder. All trademarks and registered trademarks mentioned herein are the property of their respective owners Apache The Apache Software License, Version 1.1 Copyright (c) 1999-2003 The Apache Software Foundation. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. 4. The names "Xerces" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org. 5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation. THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOTLIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation and was originally based on software copyright (c) 1999, International Business Machines, Inc., http://www.ibm.com. For more information on the Apache Software Foundation, please see . LLVM LLVM Release License University of Illinois/NCSA. Open Source License. Copyright (c) 2003-2011 University of Illinois at Urbana-Champaign. All rights reserved. Developed by: LLVM Team University of Illinois at Urbana-Champaign. http://llvm.org Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal with the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimers. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimers in the documentation and/or other materials provided with the distribution. * Neither the names of the LLVM Team, University of Illinois at Urbana-Champaign, nor the names of its contributors may be used to endorse or promote products derived from this Software without specific prior written permission. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS WITH THE SOFTWARE. Boost C++ Libraries Boost Software License - Version 1.0 - August 17th, 2003 Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following: The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. Protocol Buffers Protocol Buffers - Google's data interchange format Copyright 2008 Google Inc. All rights reserved. http://code.google.com/p/protobuf/ Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 2) Components potentially used in customer applications Third Party Software Notice/Terms dlmalloc Version of malloc/free/realloc (aka dlmalloc) written by Doug Lea and released to the public domain, as explained at http://creativecommons.org/publicdomain/zero/1.0/. Dinkum C++ Library Dinkum Abridged/C Library Sub license Definition: The term "Licensed Source" shall mean the Dinkum Abridged Library source code, the Dinkum C Library source code and the Dinkum Abridged Library Reference, or a later version of the same products. A Sub license is granted solely in conjunction with, and for use with IAR C/EC++/C++ Cross Compiler owned by IAR Systems AB. The Sub Licensee shall supply to Dinkumware Ltd ("Licensor") with the following protections: (a)Plauger's ownership. a.Sub Licensee acknowledges and agrees that: *Title and all rights of ownership to the Licensed Source, and all copies of all or any part thereof, are and remain with Plauger; *Sub Licensee shall not lend, sell, lease, hypothecate or otherwise dispose of the Licensed Source. *All copies of the Licensed Source, or any part thereof, in any form whatsoever, including but not limited to, forms cognizable to the human eye (directly, or upon enlargement or translation), or to data processing or other equipment, shall be the sole and exclusive property of Plauger, as described immediately above; and *Licensor has represented that the Licensed Source may contain Licensor's trade secrets and proprietary information, whether or not any portion thereof is or may be copyrighted or patented. b.Sub Licensee agrees to preserve unchanged all copyright notices in all copies of the Licensed Source. c.Licensor acknowledges and agrees that Sub Licensee shall have no obligation to deliver or disclose to Licensor any modifications that Sub Licensee makes to the Licensed Source, ant that Sub Licensee shall own and have exclusive marketing rights to any such undisclosed modifications. d.Sub Licensee acknowledges and agrees that any modifications that Sub Licensee makes to the Licensed Source and discloses to Licensor, unless otherwise indicated in writing by Sub Licensee on or before disclosure ("Disclosed Modifications"), shall become the property of Plauger. Disclosed Modifications to the Licensed Library Source shall become the property of Plauger. Sub Licensee hereby assigns to Plauger all of Sub Licensee's right, title, and interest in and to such Disclosed Modifications and in and to the copyrights and all other rights in the Disclosed Modifications. (b) License. a.Licensor hereby grants to Sub Licensee a personal, non-exclusive, and non-transferable license to use or modify the Licensed Source for its own internal business purposes solely in conjunction with IAR C/EC++/C++ Cross Compiler owned by IAR Systems. b.Notwithstanding the foregoing, Sub Licensee may make only such copies of the Licensed Source as are reasonably necessary for it to exercise its right hereunder. Sub Licensee acknowledges that it may not sell, assign, sublicense, lease or otherwise transfer, or permit others to use or execute the Licensed Source, or any port thereof, or any modification or improvement of the Licensed Source, or any object code which is derived from the Licensed Source. c.Sub Licensee agrees to comply with all applicable laws, regulations, rulings, and executive order from the United States relating to the export or re-export of the Licensed Source, and with all applicable foreign laws which must be complied with in order to protect or preserve Licensor's copyright(s), trade secret(s), and other proprietary rights in and to the Licensed Source. Sub Licensee agrees that it will not knowingly ship or divert the Licensed Source for use in any country which has ratified neither the Berne Copyright Convention nor the Universal Copyright Convention without first obtaining written permission from Licensor. (c)Warranty and Disclaimer of Warranty. a.Licensor warrants that, at the time of delivery, the Licensed Source will be in good operating condition and will be Standard Conforming in all essential respects. b.Licensor represents and warrants that it is not aware that the Licensed Source is created in whole or in part by violation of the protected trade secret of another or that the Licensed Source infringes any U.S. patent or copyright. c.THE FOREGOING LIMITED WARRANTIES ARE THE ONLY WARRANTIES OF LICENSOR TO SUB LICENSEE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. (d)Limitation of Liability. a.In no event shall Licensor be liable to Sub Licensee for any lost profits, incidental, special, exemplary, punitive, indirect or other consequential damages, even if Licensor knows or has been advised of the possibility of such damages, or for any claim against Sub Licensee by any other person or entity, or for any damage caused by Sub Licensee's failure to perform its responsibilities. Updated: 2013-02-15. IAR Systems AB ############################################################