BY CLICKING THE "I AGREE" BUTTON AT THE BOTTOM OF THIS WEB-PAGE YOU AUTOMATICALLY AGREE BOTH WITH THE LICENSE TERMS FOUND BELOW IN THIS DOCUMENT AND WITH THE TERMS IN "HARMONY_LICENSE_v1.06.01.PDF", THAT IS LOCATED IN THE DEMONSTRATION ARCHIVES. IF "HARMONY_LICENSE_v1.06.01.PDF" IS NOT LOCATED IN THE MENTIONED ARCHIVE THEN YOU DON'T HAVE THE RIGHTS TO USE ANY SOFTWARE THAT MIGHT BE CONSIDERED SUITABLE FOR THE BOARDS MANUFACTURED BY OLIMEX LTD, RELATED TO OLIMEX LTD OR DOWNLOADED FROM A WEB-SITE OR DISTRIBUTING PARTNER CONNECTED TO OLIMEX LTD.
This document's purpose is to comply to the legal terms of distributing modified Microchip software to third party users (in this case the customer or distributor of OLIMEX LTD products). More specifically the points this document is aiming to comply to are points 2, 4 and 6. Excerpts from those points are listed below for clarity. For the full text, please refer to "HARMONY_LICENSE_v1.06.01.PDF" that is located in the main folder of the archive containing the demo software.
2. Third Party Requirements.
Licensee acknowledges that it is Licensee’s responsibility to comply with any third party license terms or requirements applicable to the use of such third party software, specifications, systems, or tools. Microchip is not responsible and will not be held responsible in any manner for Licensee’s failure to comply with such applicable terms or requirements.Microchip grants strictly to Licensee a non-exclusive, non-transferable, worldwide license to:
4. Licensee’s Obligations.
(a) Licensee will ensure Third Party compliance with the terms of this Agreement.
(b) Licensee will not: (i) engage in unauthorized use, modification, disclosure or distribution of Software or Documentation, or its derivatives; (ii) use all or any portion of the Software, Documentation, or its derivatives except in conjunction with Microchip Products; or (iii) reverse engineer (by disassembly, decompilation or otherwise) Software or any portion thereof; or (iv) copy or reproduce all or any portion of Software, except as specifically allowed by this Agreement or expressly permitted by applicable law notwithstanding the foregoing limitations.
(c) Licensee must include Microchip’s copyright, trademark and other proprietary notices in all copies of the Software, Documentation, and its derivatives. Licensee may not remove or alter any Microchip copyright or other proprietary rights notice posted in any portion of the Software or Documentation.
(d) Licensee will defend, indemnify and hold Microchip and its subsidiaries harmless from and against any and all claims, costs, damages, expenses (including reasonable attorney’s fees), liabilities, and losses, including without limitation product liability claims, directly or indirectly arising from or related to: (i) the use, modification, disclosure or distribution of the Software, Documentation or any intellectual property rights related thereto; (ii) the use, sale, and distribution of Licensee Products or Third Party Products, and (iii) breach of this Agreement. THE FOREGOING STATES THE SOLE AND EXCLUSIVE LIABILITY OF THE PARTIES FOR INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT.
6. Ownership of Proprietary Rights.
(a) Microchip and its licensors retain all right, title and interest in and to the Software and Documentation ("Proprietary Rights") including, but not limited to:
(i) patent, copyright, trade secret and other intellectual property rights in the Software, Documentation, and underlying technology;
(ii) the Software as implemented in any device or system, all hardware and software implementations of the Software technology (expressly excluding Licensee and Third Party code developed and used in conformance with this Agreement solely to interface with the Software and Licensee Products and/or Third Party Products);
(iii) all modifications and derivative works thereof (by whomever produced).
Further, modifications and derivative works shall be considered works made for hire with ownership vesting in Microchip on creation. To the extent such modifications and derivatives do not qualify as a "work for hire," Licensee hereby irrevocably transfers, assigns and conveys the exclusive copyright thereof to Microchip, free and clear of any and all liens, claims or other encumbrances, to the fullest extent permitted by law. Licensee and Third Party use of such modifications and derivatives is limited to the license rights described in Section 1 above.
(b) Licensee shall have no right to sell, assign or otherwise transfer all or any portion of the Software, Documentation or any related intellectual property rights except as expressly set forth in this Agreement.