| SOFTWARE LICENSE AGREEMENT |
1. IMPORTANT
Before loading this software you have to carefully read and agree to the following terms and conditions which will be then automatically agreed on by loading this Software or any portion thereof. If you do not agree to the terms of this Agreement, do not install or use anyhow this software or any portion thereof.
2. LICENSE GRANT
This Software is free software licensed to you under General Public License.
Accordingly use, modification and distribution of the Software will be governed by the terms of the General Public License as published by the Free Software Foundation.
Except as expressly provided herein, ST does not grant any express or implied right to you under ST patents, copyrights, trademarks, trade secret information or any other intellectual property rights.
3. WARRANTIES AND LIABILITIES
ST makes no warranty express or implied including but not limited to, any warranty of (i) merchantability or fitness for a particular purpose and/or (ii) satisfactory quality and/or (iii) requirements, for a particular purpose in relation to the Software which is provided ON AN "AS IS" BASIS.
All warranties, conditions or other terms implied by law are excluded to the fullest extent permitted by law.
ST shall not be liable for any claim made by you and/or against you by a third party, in relation to the Software under this Agreement.
You take responsibility for the suitability, selection, use and management of the Software and the results obtained there from as well as their combination and the combination of the elements thereof with other apparatus, equipment, products, programs and services.
Nothing contained in these terms shall be construed as a warranty or representation by ST as to the validity or scope of any and all Intellectual Property Rights (IPR) in respect of which a license is herein granted or constitutes a warranty or representation that any manufacture, use or sale by you hereunder shall be free from infringement of any IPR other than those under which and to the extent to which rights thereto are granted hereunder or constitute an agreement to bring or prosecute actions or suits against third parties for infringements or confer any right upon a party to use in advertising, publicity or other medium, any name trademark or trade name or any other contraction abbreviation or simulation thereto of the other party or confer by implication, estoppel or otherwise upon you any license or other right under any and all IPR except the licenses and rights expressly granted hereunder to you.
In no event shall ST be liable for any damages whatsoever (including, without limitation, damages for loss of business revenue or profits, business interruption, loss of business information or other pecuniary loss) arising out of the use of or the inability to use the Software as part of an application even if ST has been advised of the possibility of such damages . ST does not assume any responsibility for any errors that may appear in the Software nor any responsibility to support or update the Software. ST retains the right to make changes to the Software and its test specifications at any time, without notice.
4. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement with ST and supersedes any prior or contemporaneous oral or written agreements with respect to the subject matter of this Agreement.
5. SUPPORT
ST will provide you with reasonable support and assistance
with respect to your use of the Software in connection with
our SPEAr™ Plus600 and as long as ST is marketing its SPEAr
Plus without taking any obligation in this respect.
6. TERMINATION OF THIS LICENSE
ST is entitled to terminate this Software License Agreement at any time if you are in breach of any of the terms of this Agreement. Upon termination, you will immediately destroy the Software.
7. EXPORT REGULATIONS
You undertake to comply with all applicable laws, regulations, decrees and ordinances related to your use of the Software.
8. APPLICABLE LAWS
This Agreement is governed by Italian laws. Any dispute arising out of or in connection with this Agreement which could not be amicably settled shall be finally settled under the Rules of Conciliation and Arbitration of the international Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules which the Parties know and elect irrevocably.
Such arbitration shall take place in Milan , Italy and be held in English.
