1 END-USER LICENSE AGREEMENT
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2 IMPORTANT: READ CAREFULLY
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3 BEFORE AGREEING TO TERMS
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5 THIS PRODUCT CONTAINS CERTAIN COMPUTER PROGRAMS AND OTHER THIRD PARTY
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6 PROPRIETARY MATERIAL ("LICENSED PRODUCT"), THE USE OF WHICH IS SUBJECT TO THIS
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7 END-USER LICENSE AGREEMENT. INDICATING YOUR AGREEMENT CONSTITUTES YOUR AND
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8 (IF APPLICABLE) YOUR COMPANY'S ASSENT TO AND ACCEPTANCE OF THIS END-USER LICENSE
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9 AGREEMENT (THE "LICENSE" OR "AGREEMENT"). IF YOU DO NOT AGREE WITH ALL OF THE
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10 TERMS, YOU MUST NOT USE THIS PRODUCT. WRITTEN APPROVAL IS NOT A PREREQUISITE TO
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11 THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT, AND NO SOLICITATION OF SUCH
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12 WRITTEN APPROVAL BY OR ON BEHALF OF SILICON LABORATORIES, INC. ("SILICON LABS")
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13 SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY. IF THESE TERMS ARE
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14 CONSIDERED AN OFFER BY SILICON LABS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE
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17 LICENSE AND WARRANTY: The Licensed Product and the embedded Software which is
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18 made the subject of this License is either the property of SILICON LABS or a
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19 third party from whom SILICON LABS has the authorization to distribute to you
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20 subject to the terms of this Agreement. This Licensed Product is protected by
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21 state, federal, and international copyright law. Although SILICON LABS continues
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22 to own the Licensed Product and the right to distribute the embedded third party
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23 Software, you will have certain rights to use the Licensed Product and the
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24 embedded Software after your acceptance of this License. Except as may be
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25 modified by a license addendum which accompanies this License, your rights and
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26 obligations with respect to the use of this Product and the embedded software
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29 1. AS APPROPRIATE WITH RESPECT TO THE LICENSED PRODUCT, YOU MAY: Use, copy,
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30 distribute and make derivative works of the Software for any purpose,
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31 including commercial applications, subject to the following restrictions:
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32 (i) The origin of this software must not be misrepresented; (ii) you must
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33 not claim that you wrote the original software; (iii) altered source
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34 versions must be plainly marked as such, and must not be misrepresented as
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35 being the original software; and (iv) any notices contained in the Software
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36 may not be removed or altered, including notices in source code versions.
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38 2. YOU MAY NOT: (A) Sublicense, assign, rent or lease any portion of the
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39 Licensed Product or the embedded Software; or (B) Remove any product
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40 identification, copyright or other notices that appear on the Licensed
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41 Product or embedded Software.
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43 3. Limited Use: Use of any of the Software is strictly limited to use in
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44 systems containing one or more SILICON LABS products when the Software is
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45 enabled to be functional. Any unauthorized use is expressly prohibited and
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46 will constitute a breach of this Agreement.
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48 4. Warranty: SILICON LABS does not warrant that the Licensed Product or
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49 embedded Software will meet your requirements or that operation of the
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50 Licensed Product will be uninterrupted or that the embedded Software will be
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51 error-free. You agree that the Licensed Product is provided "AS IS" and
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52 that SILICON LABS makes no warranty as to the Licensed Product or embedded
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53 Software. SILICON LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
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54 INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
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55 FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, RELATED TO THE
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56 SOFTWARE, ITS USE OR ANY INABILITY TO USE IT, THE RESULTS OF ITS USE AND
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59 YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
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61 5. Disclaimer of Damages: IN NO EVENT WILL SILICON LABS BE LIABLE TO YOU FOR
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62 ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST
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63 PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED
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64 PRODUCT EVEN IF SILICON LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
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67 SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
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68 INCIDENTAL OR CONSEQUENTIAL DAMAGES. SO THE ABOVE LIMITATION OR EXCLUSION
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69 MAY NOT APPLY TO YOU.
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71 IN NO CASE SHALL SILICON LABS' LIABILITY EXCEED THE PURCHASE PRICE FOR THE
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72 LICENSED PRODUCT. The disclaimers and limitations set forth above will
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73 apply regardless of whether you accept the Licensed Software.
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75 6. Term and Termination: The term of this Agreement and the License granted
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76 herein shall begin upon use of the Licensed Product and continue in
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77 perpetuity unless you breach any of the obligations set out under this
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78 Agreement. Upon your breach of this Agreement by you, the license granted
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79 hereunder shall terminate immediately and you shall cease all use of the
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80 Licensed Products and return same as well as any copies of the Licensed
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81 Product and/or embedded Software to SILICON LABS immediately. Termination
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82 of this License upon your breach is only one remedy available to SILICON
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83 LABS. In addition to termination of this Agreement upon your breach,
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84 SILICON LABS shall be entitled to seek any and all other available remedies,
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85 at law or at equity, arising from your breach.
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87 7. Export: You shall comply with all applicable federal, provincial, state and
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88 local laws, regulations and ordinances including but not limited to
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89 applicable U.S. Export Administration Laws and Regulations. You shall not
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90 export or re-export, or allow the export or re-export of the Licensed
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91 Product, any component of the Licensed Product, or any copy of the embedded
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92 Software in violation of any such restrictions, laws or regulations, or to
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93 Cuba, Libya, North Korea, Iran, Iraq, or Rwanda or to any Group D:1 or E:2
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94 country (or any national of such country) specified in the then current
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95 Supplement No. 1 to Part 740, or, in violation of the embargo provisions in
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96 Part 746, of the U.S. Export Administration Regulations (or any successor
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97 regulations or supplement), except in compliance with and with all licenses
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98 and approvals required under applicable export laws and regulations,
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99 including without limitation, those of the U.S. Department of Commerce.
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101 8. General: This Agreement will be governed by the laws of the State of Texas
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102 and any applicable federal laws or regulations. The waiver by either Party
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103 of any default or breach of this Agreement shall not constitute a waiver of
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104 any other or subsequent default or breach. This Agreement constitutes the
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105 complete and exclusive statement of the mutual understanding between you and
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106 SILICON LABS with respect to this subject matter herein. This Agreement may
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107 only be modified by a written addendum, which has been signed by both you
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108 and SILICON LABS. Should you have any questions concerning this Agreement,
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109 or if you desire to contact SILICON LABS for any reason, please write:
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111 Silicon Laboratories, Inc.
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112 400 West Cesar Chavez
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113 Austin, Texas 78701, U.S.A.
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