path: root/licenses/PGI

PGI End-User License Agreement

NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING, COPYING OR
USING THE LICENSED SOFTWARE.  THIS END-USER LICENSE AGREEMENT ("ELA") IS A
LEGAL AGREEMENT BETWEEN YOU, THE LICENSEE (A SINGLE PERSON, INSTITUTION, OR
LEGAL ENTITY) ("YOU"), AND STMICROELECTRONICS, N.V., A DUTCH CORPORATION,
HAVING ITS PRINCIPAL PLACE OF BUSINESS AT STRAWINSKYLAAN 1725, TOWER B 17TH
FLOOR, 1077 XX AMSTERDAM, THE NETHERLANDS, ACTING FOR THE PURPOSE OF THIS
ELA THROUGH ITS SWISS BRANCH, 39, CHEMIN DU CHAMP DES FILLES, C. P. 21, CH
1228 PLAN-LES-OUATES, GENEVA, SWITZERLAND ("ST") FOR THE LICENSED SOFTWARE,
ASSOCIATED MEDIA, PRINTED MATERIAL, ELECTRONIC DOCUMENTATION OR ANY PORTION
THEREOF ("SOFTWARE").  ST IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY
UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS ELA.
PLEASE READ THE ELA CAREFULLY.  BY DOWNLOADING OR INSTALLING THIS SOFTWARE,
YOU ACCEPT ALL OF THE TERMS OF THE ELA. PLEASE INDICATE YOUR ACCEPTANCE OF
ALL OF THE THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF
THE ELA. IF YOU ARE UNWILLING TO BE BOUND BY ALL OF THE TERMS, PLEASE
SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE ELA AND THE DOWNLOAD OR
INSTALL PROCESS WILL STOP.


1)	Ownership

	The Software distributed and licensed to You hereunder, including, if
	and when provided, any updates furnished to You for free or for
	additional fees, is proprietary to ST or its licensors (ST and
	licensors hereafter referred to as "Licensor").  The Licensors retain
	title to and ownership of the Software, including the copy provided
	herein, and reserve all rights not expressly granted in this ELA.

2)	Granting of License

2A)	Except as set forth in Sections 3 and 4 below, under the terms and
	conditions of this ELA, You are hereby granted a limited, revocable,
	nontransferable, and nonexclusive license to use the Software subject
	to the restrictions and other terms within.  That use must be
	(i)	only by You,
	(ii)	only on a computer system running a specific operating system
		on which the Software is designed to run and for which portions
		of the Software and subsequent components in the compilation
		process are intended to produce an executable image ("Target
		Systems") for which the corresponding fee has been paid,
	(iii)	only on the network(s) and only by the number of users for
		which the corresponding fee has been paid, and
	(iv)	only to target no more than the maximum number of CPUs, or
		the maximum number of processes, for which the corresponding
		fee has been paid.
	Except as set forth in Section 2B below, any other use of the
	Software is strictly prohibited.

2B)	You may distribute an end-user application that You build with the
	Software that provides significant functionality distinct from that
	included with the Software ("End-User Application") to users within
	Your organization as well as third party users outside Your
	organization ("Sublicensees") for only such uses and/or Target
	Systems for which the Software was designed and	intended.  You agree
	that any sublicense shall not relieve You from Your obligations under
	this ELA.  The Software includes the run-time files, libraries and
	executables ("Run-Time Files") that are bound into Your application
	by the linker or otherwise required by Your application.  You may
	also distribute separate dynamically-linked or executable Run-Time
	Files required during the execution of Your End-User Application.
	Whenever an End-User Application is used internally within Your
	organization or by outside third parties, You shall contractually
	require that all Sublicensees abide by the following restrictions:
	(i)	they shall not use the "PGI", "The Portland Group", "ST", or
		"STMicroelectronics" name, logo, or trademarks in marketing the
		End-User Application without prior written permission from ST,
	(ii)	they will maintain a valid copyright on the End-User
		Application,
	(iii)	they will, without limitation, indemnify, hold harmless, and
		defend ST and other applicable Licensors and their respective
		affiliates and suppliers from and against any and all claims,
		lawsuits, costs, and expenses, including attorney's fees, that
		arise or result from their use or distribution of the End-User
		Application, and
	(iv)	they shall strictly prohibit the further distribution of the
		Run-Time Files by the user of the End-User Application.
	Notwithstanding the above, the only Run-Time Files that may be
	distributed as noted in this Section 2B are in the folders or
	directories whose names begin with "REDIST".

3)	Software from Microsoft
	
	You acknowledge that as part of the Software You may receive Run-Time
	Files in the form of Microsoft Foundation Classes ("MFCs"), Active
	Template Libraries ("ATLs"), and/or "C" Runtime files ("CRTs") in
	binary form only ("Microsoft Distributable Code").  Notwithstanding
	any other provision of this ELA, You acknowledge and agree
	(A)	that You have a limited right to use the Microsoft
		Distributable Code to design,	develop, or test for use with the
		Software only,
	(B)	that You or Your end-users of the Microsoft Distributable Code
		may only use it to create programs that run natively on
		Microsoft platforms, and
	(C)	to the following restrictions: You and Your end-users:
		(i)   will not alter any copyright, trademark, patent, or other
		      legal notice or disclaimer in the Microsoft Distributable
		      Code,
		(ii)  will not run the Microsoft Distributable Code on a
		      platform other than a Microsoft platform, and
		(iii) will not include Microsoft Distributable Code in
		      malicious, deceptive, or unlawful programs.
	Further, You will require end	users of the Microsoft Distributable
	Code to agree to terms at least as protective as this ELA.

4)	Software from Sun Microsystems and/or Oracle America, Inc.

	You acknowledge that as part of the Software you are receiving access
	to Java(tm) 2 Runtime Environment (J2RE), version 1.4.2 or subsequent
	versions ("Java Code").  Notwithstanding any other provision of this
	ELA, You are hereby granted a limited, revocable, nontransferable,
	and nonexclusive license, without the right to sublicense, to use the
	Java Code complete and unmodified for the sole purpose of running
	Java applets and applications intended to run on the JavaTM 2
	Platform Standard Edition 5.0 (J2SE 5.0) or subsequent versions on
	Java-enabled general purpose desktop computers and servers.

5)	Restrictions
      
5A)	You may make one (1) copy of the Software in machine-readable form,
	solely for archival or backup purposes, provided the copyright notice
	and other proprietary legends on the Software are included on any
	archival/backup copies.  You may not modify, adapt, translate,
	reverse engineer, de-compile, disassemble, or create derivative
	works, in whole or in part, based on the Software.  You may not rent,
	lease, loan, share, or electronically transfer the Software to
	others.

5B)	The term "proprietary" as used in this ELA or in the Software does
	not establish a confidential relationship between the Licensor and
	You and does not in itself provide You any rights to the Software.
	You acknowledge that the  Licensors have valuable intellectual
	property rights in the Software and agree to respect and protect such
	intellectual property rights.  No right, title, or interest in or to
	any trademark, service mark, logo or trade name of the Licensors is
	granted under this ELA.

5C)	You acknowledge and agree that the Software is not designed or
	intended for use in nuclear activities or life support systems.  The
	Licensors disclaim any express or implied warranty of fitness for
	such uses.
      
5D)	You will not modify or distribute any of the Software so that any
	part of it becomes subject to an Excluded License.  As used in this
	ELA, an "Excluded License" is one that requires, as a condition of
	use, modification, or distribution, that
	(i)	the Software be disclosed or distributed in source code form; or
	(ii)	others have a right to modify it, or
	(iii)	the Software loses its proprietary nature.
	Therefore, without the prior written permission of the applicable
	Licensors, You may not modify the Software directly in any way.  In
	particular, You may not introduce or commingle with the Software any
	source or object code that is governed by an open source or public
	license of any kind.

6)	Limited Warranty  

	THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  TO
	THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSORS FURTHER
	DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED
	WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
	NONINFRINGEMENT.  THE ENTIRE RISK ARISING OUT OF THE USE OR
	PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO
	THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,  IN NO EVENT SHALL
	THE LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
	SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT
	LIMITATION, DAMAGES FOR	LOSS OF BUSINESS PROFITS, BUSINESS
	INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER
	PECUNIARY LOSS) ARISING OUT OF THIS ELA OR THE USE OF OR INABILITY TO
	USE THE SOFTWARE, EVEN IF THE LICENSORS HAVE BEEN ADVISED OF THE
	POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TO THE
	EXTENT THAT ST MAY BE HELD LEGALLY LIABLE TO YOU BY A COURT OF
	COMPETENT JURISDICTION UNDER CONTRACT, TORT, OR ANY OTHER LEGAL
	THEORY, THE MAXIMUM LIABILITY OF THE LICENSORS SHALL NOT EXCEED THE
	APPLICABLE PURCHASE PRICE OF THE SOFTWARE OR ONE THOUSAND DOLLARS
	($1,000), WHICHEVER IS GREATER.

7)	Indemnity and Audit

7A)	You agree to indemnify, defend, and hold the Licensors harmless from
	and against any and all claims, liabilities, damages, penalties,
	settlements, and costs and expenses (including, without limitation,
	reasonable attorneys' fees and court or arbitration costs), asserted
	by any and all third parties (collectively "Claims") against the
	Licensors, and their respective employees, directors, officers, and
	agents alleging or resulting from:
	(i)	Your breach of any term or condition of this ELA;
	(ii)	alleged or actual infringement of the intellectual property or
		other proprietary rights of a third party by You or Your
		sublicensees; unauthorized alteration of the Software or
		derivative products by You or Your sublicensees;
	(iii)	combination of the Software or derivative products with other
		software, products or materials not in accordance with the
		terms	of this ELA; or
	(iv)	any acts or omissions by You, Your employees, directors,
		officers, and agents or sublicensees either under this ELA or
		outside its scope, including personal injury, death, or
		property damage to anyone or anything.

7B)	ST reserves the right, upon reasonable prior written notice to You
	and during Your normal business hours, to audit Your use of the
	Software and any derivative products made therefrom to confirm Your
	compliance with the terms of this ELA.

8)	Software Export

	All Software and technical data delivered under this ELA are subject
	to US export control laws and may be subject to export or import
	regulations in other countries.  You agree to comply strictly with
	all such laws and regulations and acknowledge that You have the
	responsibility to obtain such licenses to export, re-export, or
	import as may be required after delivery to You.

9)	Software Manuals

	All proprietary documentation provided with the Software is copyrighted
	and may not be copied, photographed, reproduced, translated or reduced
	to any electronic medium or machine-readable form in whole or in part
	without the express, written, prior approval of ST.

10)	Government Use 

	The Software is a "commercial item," as that term is defined at 48
	C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software"
	and "commercial computer software documentation," as such terms are
	used in 48 C.F.R. 12.212 (SEPT 1995) and is provided to the U.S.
	Government only as a commercial end item.  Consistent with 48 C.F.R.
	12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all
	U.S. Government licensees and end users acquire the Software with
	only those rights set forth herein. 

11)	Termination  

	The license granted to You in this ELA is effective until terminated.
	The license may be terminated by ST at any time without prior notice.
	You may terminate the license at any time by returning and/or
	destroying the Software together with all copies.  Upon termination
	of the license for any reason, you agree to destroy all copies of the
	Software.
      
12)	Surviving Terms

	In the event this ELA is terminated for any reason, the following
	provisions shall survive termination and shall remain in full force
	and effect: 1, 5, 6, 7, 8, 9, 10, 12, and 13.

13)	Controlling Law and Complete Agreement  

	This Agreement shall be construed and interpreted under the laws of
	the state of New York, not including its conflict of laws principles.
	If any provision of this ELA, or portion thereof, is found to be
	unenforceable, that provision shall be enforced to the maximum extent
	possible and the remainder of this ELA shall continue in full force
	and effect.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ELA AND AGREE TO BE BOUND BY ITS
TERMS.  YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT
OF AGREEMENT BETWEEN YOU AND ST AND THAT IT SUPERSEDES ANY PRIOR AGREEMENT,
ORAL OR WRITTEN, ANY PROPOSAL, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND
ST RELATING TO THE SUBJECT MATTER OF THIS ELA.