SEGGER Microcontroller GmbH & Co.KG, Embedded Software Solutions

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SEGGER Microcontroller GmbH & Co.KG (hereinafter referred to as SEGGER)
Software Program License Agreement

1. License

The license granted hereunder is non-transferable, non-assignable and non- exclusive and authorizes the Customer to use the Program in machine-readable form on any single computer system (hereinafter called the 'System'). A separate license is required for each System on which the Program will be used.

2. Copy and Modification

a) In case the Program delivered hereunder is a Tool (the term Tool includes, but is not limited to Compiler, Debugger, Simulator) the Program may not, in whole or in part, in printed or machine readable form, be copied, passed on, modified or merged into another program, but only be used in the state as it is delivered.

b) In case the Program is delivered in object code form, the Program may not, in whole or in part, in printed or machine-readable form, be copied, passed on or be modified. It may not be merged into another program or may be taken into the Customer’s final application.

c) Notwithstanding the regulations contained in this article 2 a) - b) above, the Program may in every case be copied for back-up purposes and archive purposes; provided, however, that no more than two (2) copies shall be in existence with respect to any Program at any one time without prior written consent of SEGGER.

d) The Customer agrees to maintain appropriate records of number and location of all such copies of the Program.

e) The Customer acknowledges that the original and any copy of the Program, in whole or in part, are the property of SEGGER or any Third Party Supplier to SEGGER. The customer agrees to reproduce and include the appropriate copyright notice of SEGGER, or the third Party to SEGGER on any copy, in whole or in part, in any form, of the Program.

3. Disclaimer

SEGGER makes no representation or warranties with respect to the Program, expressly or implicitly, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or that the use of the program will not infringe any patent or copyright. In no event shall SEGGER be liable to the customer for loss or profit, goodwill, or other special or consequential damages as a result of the use by the customer of the Program.

4. Limitation of Liability

Claims for compensation for whatever reason (infringements of main or incidental duties, if not already infringed before conclusion of this Agreement, of post-contractual duties etc) may only be made against SEGGER  in the case of wilful intent, gross negligence, legally stipulated no-fault liability, or infringement of significant duties resulting from the nature of the contract. Although SEGGER is liable in principle, this liability shall, except for the infringement of duties before the conclusion of the contract, only include typical, foreseeable damages.
The above limitation of liability also applies to the personal liability of the employees, workers, members of staff, representatives and parties engaged in the performance of SEGGER’s obligations.

5. Miscellaneous

a) SEGGER hereby represents that it has the right to grant this license to the Customer.

b) The rights and benefits of the Customer hereunder shall not be assigned or transferred in any manner whatever.

c) The law of the Federal Republic of Germany shall govern the validity and construction of this Agreement. All disputes, controversies or differences, which may arise between the parties, out of or in relation to or in connection with this Agreement, shall be first settled amicably by mutual consultations between the parties hereto.

SEGGER Micrcontroller Systeme GmbH
Heinrich-Hertz-Str. 5
40721 Hilden
Germany