WaveWare SPS-5 v9E - Manual (Page 58)

For purposes of clarity, Licensee may NOT embed the Software on a non-Microchip Product, except as described
in this Section.
3. Documentation License Grant. Microchip grants strictly to Licensee a non-exclusive, non-transferable, worldwide
license to use the Documentation in support of Licensee's authorized use of the Software
4. 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. This
includes, by way of example but not as a limitation, any standards setting organizations requirements and, particularly
with respect to the Security Package Software, local encryption laws and requirements. 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.
5. Open Source Components. Notwithstanding the license grant in Section 1 above, Licensee further acknowledges that
certain components of the Software may be covered by so-called "open source" software licenses ("Open Source
Components"). Open Source Components means any software licenses approved as open source licenses by the Open
Source Initiative or any substantially similar licenses, including without limitation any license that, as a condition of
distribution of the software licensed under such license, requires that the distributor make the software available in source
code format. To the extent required by the licenses covering Open Source Components, the terms of such license will
apply in lieu of the terms of this Agreement. To the extent the terms of the licenses applicable to Open Source
Components prohibit any of the restrictions in this Agreement with respect to such Open Source Components, such
restrictions will not apply to such Open Source Component.
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Software or Documentation, or its derivatives; (b) use all or any portion of the Software, Documentation, or its derivatives
except in conjunction with Microchip Products, Licensee Products or Third Party Products; or (c) reverse engineer (by
disassembly, decompilation or otherwise) Software or any portion thereof. Licensee may not remove or alter any
Microchip copyright or other proprietary rights notice posted in any portion of the Software or Documentation. Licensee
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damages, expenses (including reasonable attorney's fees), liabilities, and losses, including without limitation: (x) any
claims directly or indirectly arising from or related to the use, modification, disclosure or distribution of the Software,
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Third Party Products; and (z) breach of this Agreement.
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library files) and its derivatives, Documentation and underlying inventions, algorithms, know-how and ideas relating to the
Software and the Documentation are proprietary information belonging to Microchip and its licensors ("Proprietary
Information"). Except as expressly and unambiguously allowed herein, Licensee will hold in confidence and not use or
disclose any Proprietary Information and will similarly bind its employees and Third Party(ies) in writing. Proprietary
Information will not include information that: (i) is in or enters the public domain without breach of this Agreement and
through no fault of the receiving party; (ii) the receiving party was legally in possession of prior to receiving it; (iii) the
receiving party can demonstrate was developed by the receiving party independently and without use of or reference to
the disclosing party's Proprietary Information; or (iv) the receiving party receives from a third party without restriction on
disclosure. If Licensee is required to disclose Proprietary Information by law, court order, or government agency, License
will give Microchip prompt notice of such requirement in order to allow Microchip to object or limit such disclosure.
Licensee agrees that the provisions of this Agreement regarding unauthorized use and nondisclosure of the Software,
Documentation and related Proprietary Rights are necessary to protect the legitimate business interests of Microchip and
its licensors and that monetary damage alone cannot adequately compensate Microchip or its licensors if such provisions
are violated. Licensee, therefore, agrees that if Microchip alleges that Licensee or Third Party has breached or violated
such provision then Microchip will have the right to injunctive relief, without the requirement for the posting of a bond, in
addition to all other remedies at law or in equity.
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and Documentation including, but not limited to all patent, copyright, trade secret and other intellectual property rights in
the Software, Documentation, and underlying technology and all copies and derivative works thereof (by whomever
produced). Licensee and Third Party use of such modifications and derivatives is limited to the license rights described in
this Agreement.
9. Termination of Agreement. Without prejudice to any other rights, this Agreement terminates immediately, without
notice by Microchip, upon a failure by Licensee or Third Party to comply with any provision of this Agreement. Upon