IMPORTANT

YOU MUST ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE

AGREEMENT TO RECEIVE A LICENSE FOR THE ACCOMPANYING
SOFTWARE. TO ACCEPT THE TERMS OF THIS LICENSE, CLICK
"I ACCEPT" OR OPEN THIS PACKAGE AND PROCEED WITH THE
DOWNLOAD OR INSTALL. IF YOU DO NOT ACCEPT THESE LICENSE
TERMS, CLICK "I DO NOT ACCEPT," OR DO NOT OPEN THIS
PACKAGE, DOWNLOAD, OR INSTALL THIS SOFTWARE.
MPLAB(R) C18 COMPILER LICENSE
This License Agreement ("Agreement") is a contract between You (as an
individual or single entity) and Microchip Technology Incorporated
("Company") for the MPLAB C18 Compiler software accompanying this Agreement
("Software"). Except as provided below, Software shall include associated
media, printed materials, "online" or electronic documentation, and the free
software described in Section 1 below. In consideration for access to the
Software, You agree to be bound by this Agreement.
1. FREE SOFTWARE. Portions of the Software are based on the command-line
options processing source code copyrighted by Red Hat Software. The Red Hat
source code and accompanying documentation files ("Red Hat Source Code") is
offered with the Software licensed under this Agreement. Permission is
hereby granted, free of charge, to any person obtaining a copy of this
Software to deal in the Red Hat Source Code only without restriction,
including without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of Red Hat Source Code, and to
permit persons to whom the Red Hat Source Code is furnished to do so,
provided that the permission notice (provided in the file in the preprocessor
source code called, "COPYING") and the following copyright notice are
included in all copies or substantial portions of the Red Hat Source Code:
Copyright (c) 1998 Red Hat Software
Portions of the Software are based on C parser source code copyrighted by
James A. Roskind ("Roskind Source Code"). With regard to Roskind Source Code
(which is not offered with the Software), no royalties, licenses or
commissions of any kind are required to copy such code, its translations,
or derivative products provided that the following copyright notice appears
in keeping with copyright law:
Copyright (c) 1989, 1990 James A. Roskind
2. LICENSE GRANT. Subject to all of the terms and conditions of this
Agreement, Company grants You a non-exclusive, non-sublicensable,
non-transferable license to install Software on a single computer and use
the Software with Company products. Notwithstanding the foregoing, if You
downloaded the "Student Edition" of the Software from the web, You may
install and use such version of the Software on an unlimited number of
computers for commercial or educational use.
You may modify the Software runtime libraries at your discretion and risk.
For purposes of clarity, such modifications constitute derivatives of the
Software subject to the terms of Section 3 below.
You may not reverse engineer (by disassembly, decompilation, translation,
or otherwise) Software and may not copy or reproduce all or any portion of
Software, except to the extent that such activity is specifically allowed by
this Agreement or expressly permitted by applicable law notwithstanding the
foregoing limitations.
All copies of the Software created by You or for You, including derivatives,
must include the copyright, trademark and other proprietary notices as they
appear on the original. You may not remove or alter any identifying screen
that is produced by the Software.
3. OWNERSHIP AND TITLE. Software is licensed pursuant to the Agreement,
not sold. Except for the free software described in Section 1, all right,
title and interest, including intellectual property rights, in and to
Software, derivatives thereof, implementation of the Software in
microcontrollers, and hardware and software implementations of Software or
derivatives shall remain in Company. You will not obtain ownership rights
to derivatives of Software, and by accepting the terms of this Agreement
assign any such rights to Company that You do receive. Except as
specifically stated in the Agreement, You are granted no other rights,
express or implied, to the Software, derivatives thereof, or other Company
intellectual property such as trade secrets, patents, copyrights,
and trademarks.
4. CONFIDENTIALITY. Except for the free software described in Section 1
above, You agree not to disclose Software or derivatives to any third party.
To the extent that Software becomes part of the public domain, is
independently developed, or obtained free from any obligation of
confidentiality then the obligation of confidentiality under this Agreement
shall not apply.
5. TERMINATION OF AGREEMENT. Without prejudice to any other rights,
Company or licensors may terminate this Agreement if You fail to comply with
the terms and conditions of this Agreement. Upon termination, You will stop
using the Software, derivatives thereof, and immediately destroy all copies
of the Software and derivatives, except for the free software described in
Section 1 above.
6. COPYRIGHT. The Software is protected by U.S. copyright laws and
international copyright treaties, as well as other intellectual property laws
and treaties.
7. DANGEROUS APPLICATIONS. You warrant that You will not use Software
or derivatives in a dangerous, hazardous, or life supporting application
where the failure of such application could lead directly to death, personal
injury, or environmental damage.
8. INDEMNITY. You will indemnify and hold Company and its licensors, its
related companies and its suppliers, harmless for, from and against, any
claims, costs (including attorney's fees), damages or liabilities, including
without limitation product liability claims, arising out of (a) use and
distribution of the Software and derivatives, or (b) violation of this
Agreement.
9. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, COMPANY AND ITS LICENSORS PROVIDE SOFTWARE "AS IS"
AND EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE
ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF SOFTWARE,
AS WELL AS ANY DERIVATIVES OF THE SOFTWARE MADE FOR YOU
OR ON YOUR BEHALF. COMPANY AND ITS LICENSORS ASSUME NO
RESPONSIBILITY FOR THE ACCURACY OR ERRORS OR OMISSIONS
OF SOFTWARE AND DO NOT WARRANT THE FOLLOWING: (A) THE
FUNCTIONS CONTAINED IN SOFTWARE WILL MEET YOUR
REQUIREMENTS, (B) THE OPERATION OF SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR (C) ANY DEFECTS IN
SOFTWARE WILL BE CORRECTED.
10. PATENT AND COPYRIGHT INFRINGEMENT. SUBJECT TO
THE CONDITIONS STATED IN THIS SECTION 10 AND THE
FOLLOWING SECTION 11 REGARDING LIMITATIONS OF LIABILITY,
COMPANY WILL DEFEND ANY SUIT OR PROCEEDING BROUGHT AGAINST
YOU TO THE EXTENT IT IS BASED ON A CLAIM THAT SOFTWARE
MANUFACTURED AND SUPPLIED BY THE COMPANY TO YOU CONSTITUTES
DIRECT INFRINGEMENT OF A PATENT OR COPYRIGHT ("CLAIM"),
EXCEPT WHERE THE ALLEGED CLAIM IS BASED ON: (A) THE
COMPANY'S COMPLIANCE WITH YOUR DESIGNS OR SPECIFICATIONS;
(B) YOUR USE OF SOFTWARE IN COMBINATION WITH ANY OTHER
PRODUCT OR PROCESS, INCLUDING BUT NOT LIMITED TO
INTEGRATING SOFTWARE INTO A SYSTEM, WHETHER DIRECT OR
CONTRIBUTORY INFRINGEMENT; (C) MODIFICATION OF SOFTWARE
AFTER COMPANY DELIVERED IT; (D) YOUR USE OF SOFTWARE IN
A MANNER FOR WHICH IT IS NOT DESIGNED; (E) 1998 RED HAT
SOURCE CODE; OR (F) ROSKIND SOURCE CODE.
11. LIMITATION OF LIABILITY.
A. IN GENERAL. TO THE FULLEST EXTENT PERMITTED BY LAW,
IN NO EVENT WILL COMPANY OR ITS LICENSORS BE LIABLE,
WHETHER IN CONTRACT, WARRANTY, REPRESENTATION, TORT
(INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT
LIABILITY, INDEMNITY, CONTRIBUTION OR OTHERWISE, FOR ANY
INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR
CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND
WHATSOEVER, HOWSOEVER CAUSED, OR ANY LOSS OF PRODUCTION,
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SOFTWARE, LOSS
OF CAPITAL, LOSS OF SOFTWARE, LOSS OF DATA, LOSS OF
PROFIT, LOSS OF REVENUES, CONTRACTS, BUSINESS, COST OF
REWORK, LOSS OF GOODWILL OR ANTICIPATED SAVINGS, WASTED
EXPENSES, OR WASTED MANAGEMENT TIME, EVEN IF COMPANY OR
ITS LICENSORS HAS BEEN ADVISED OF THEIR POSSIBILITY OR
THEY ARE FORESEEABLE.
B. AGGREGATE LIMIT OF LIABILITY. SUBJECT TO SECTIONS
ABOVE REGARDING LIMITED PRODUCT LIABILITY, PATENT AND
COPYRIGHT INFRINGEMENT, AND THIS SECTION 11 (PARAGRAPHS
A, C, AND D), THE COMPANY AND ITS LICENSORS TOTAL
AGGREGATE LIABILITY IN CONTRACT, WARRANTY, REPRESENTATION,
TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY),
STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE,
SHALL NOT EXCEED THE LICENSE FEE PAID FOR THE SOFTWARE;
PROVIDED THAT, WITH RESPECT TO THE STUDENT EDITION OF
THE SOFTWARE DOWNLOADED FROM THE WEB, THE COMPANY AND ITS
LICENSORS TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED $100.
C. DEATH AND PERSONAL INJURY. NOTHING IN THIS
ACKNOWLEDGMENT SHALL EXCLUDE OR LIMIT THE LIABILITY
OF EITHER PARTY FOR DEATH OR PERSONAL INJURY ARISING
FROM NEGLIGENCE OR ANY OTHER LIABILITY NOT EXCLUDABLE
BY LAW.
D. YOUR RESPONSIBILITY FOR PRODUCTS AND PROCESSES.
WITHOUT AFFECTING THE COMPANY'S RESPONSIBILITIES TO YOU
UNDER THIS ACKNOWLEDGMENT AND TO THE FULLEST EXTENT
PERMITTED BY LAW, YOU AGREE THAT YOU ARE SOLELY
RESPONSIBLE FOR: (I) ANY PRODUCT OR PROCESS USING OR
INCORPORATING THE SOFTWARE; (II) TESTING THE SOFTWARE
AND DETERMINING THEIR SUITABILITY FOR YOUR APPLICATION,
PRODUCT OR PROCESS; AND (III) DETERMINING WHETHER YOUR
PRODUCTS OR SYSTEMS USING SOFTWARE INFRINGE THIRD-PARTY
PATENTS, COPYRIGHTS, OR OTHER PROPRIETARY RIGHTS.
12. SURVIVAL. Sections 1, 3-6, 8-14 and 16 shall survive termination of this
License. Further, Your obligation not to reverse engineer, copy or reproduce
Software, as described in Section 2 above, shall survive termination.
13. CHOICE OF LAW; VENUE; LIMITATIONS ON CLAIMS. You agree that this
Agreement and any conflicts regarding Software, shall be construed,
interpreted and governed by the laws of the State of Arizona, U.S.A. without
regard to any conflict of laws provision. You agree that any litigation will
be subject to the exclusive jurisdiction of the state or federal courts in
Arizona, U.S.A. You agree that regardless of any law to the contrary, any
cause of action related to or arising out of this Agreement or Software must
be filed within one year after such cause of action arose, or be considered
waived.
14. EXPORT COMPLIANCE. Your use of Software must comply with all U.S. laws,
restrictions and regulations. You agree that you will not violate export
restrictions of the U.S. Department of Commerce or other United States or
foreign agency or authority.
15. ASSIGNMENT. Neither this agreement nor any rights, licenses or
obligations hereunder, may be assigned by you without the prior written
approval of the Company.
16. ENTIRE AGREEMENT, MODIFICATIONS AND WAIVER. This
Agreement constitutes the entire agreement of the parties with respect to the
subject matter of this Agreement, and merges and supersedes all
communications relating to this subject matter, whether written or oral.
Except as expressly set forth in this Agreement, no modification of this
Agreement will be effective unless made in writing signed by Company or
licensors. No failure or delay by Company or its licensors to assert any
rights or remedies arising from a breach of this Agreement shall be construed
as a waiver or a continuing waiver of such rights and remedies, nor shall
failure or delay to assert a breach be deemed to waive that or any other
breach. If any part of this Agreement is found by a court of competent
jurisdiction to be invalid, unlawful or unenforceable then such part shall
be severed from the remainder of this Agreement and replaced with a
valid provision that comes closest to the intention underlying the
invalid provision.
MPLAB(R) C18 Compiler software. Copyright (c) 2000 Microchip Technology Inc.
All rights reserved.
Command-line options processing source code. Copyright (c) 1998 Red Hat
Software. All rights reserved.
C parser source code. Copyright (c) 1989, 1990 James A. Roskind. All rights
reserved.