Atmel_License

END USER LICENSE AGREEMENT (ATMEL DEMONSTRATIONS AND EXAMPLES)

You ("Customer" or "You") must read this License Agreement (this "Agreement") carefully and thoroughly before downloading, installing, and/or using any software or content ("Software") provided herewith. BY DOWNLOADING, INSTALLING AND/OR USING ANY SOFTWARE OR CONTENT, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN DO NOT DOWNLOAD, INSTALL/COMPLETE INSTALLATION OF, OR USE THE SOFTWARE OR CONTENT.

1. Grant of License.

    Atmel grants Customer a non-exclusive, nontransferable, limited license: 
    (a) to internally use the Software as a development platform solely in 
        connection with an Atmel product, 
    (b) to internally modify the source code version of the Software solely as 
        necessary to serve as a development platform solely in connection with 
        and Atmel product, and 
    (c) to make one copy of the Software solely for backup purposes.
    Customer shall 
    (a) not use the Software for any purpose other than as specifically 
        authorized herein, 
    (b) take all necessary steps to protect the Software against disclosure to 
        third parties.
    Customer must attach this License Agreement to the backup copy which 
    remains the sole property of Atmel.

2. Title.

    As between the parties, Atmel retains full rights, title, and ownership 
    including all patents, copyrights, trade secrets, trade names, trademarks, 
    and other intellectual property rights in and to the Software.
    Customer agrees to take all reasonable steps to prevent unauthorized 
    disclosure of the Software.

3. No Other Rights.

    Except as expressly stated herein, this Agreement does not grant Customer 
    any rights to patents, copyrights, trade secrets, trade names, trademarks 
    (whether registered or unregistered), or any other rights, franchises, or 
    licenses in respect of the Software.  
    CUSTOMER MAY NOT TRANSLATE, DISASSEMBLE, REVERSE ENGINEER OR DECOMPILE 
    THE SOFTWARE OR ANY COPY, IN WHOLE OR IN PART.  ANY UNAUTHORIZED USE, 
    DUPLICATION, TRANSMISSION, DISTRIBUTION, OR DISCLOSURE OF THE SOFTWARE IS 
    EXPRESSLY FORBIDDEN.

4. Limited Warranty.

    ALL SOFTWARE IS PROVIDED "AS IS", "WITH ALL FAULTS", AND WITH NO WARRANTY 
    WHATSOEVER. 
    ATMEL EXPRESSLY DISLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, 
    INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR 
    A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 

5. Notice and Protection.

    Customer agrees not to remove or destroy any proprietary trademark or 
    copyright markings or notices placed upon or contained within the Software 
    or any related documentation. 

6. Export.

    Customer acknowledges that the certain laws and regulations may restrict 
    the export and re-export of the Software.  Customer will not export or 
    re-export any Software (including the diskettes, related documentation 
    and/or any hardware peripherals) in any form without the appropriate 
    United States and foreign governmental approval.

7. Termination.

    Either Atmel or Customer may terminate this license at any time. 
    The license will automatically terminate if Customer fails to comply with 
    any of the terms and conditions of the license. 
    Upon termination for any reason, Customer will immediately destroy or 
    return to Atmel the Software, including all documentation and all whole or 
    partial copies of the Software.

8. LIMITATION OF LIABILITY.

    IN NO EVENT SHALL ATMEL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY 
    CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT OF THE 
    USE OF THE SOFTWARE EVEN IF ATMEL HAS BEEN ADVISED OF THE POSSIBILITY OF 
    SUCH DAMAGES. 
    IN NO EVENT SHALL THE LIABILITY OF ATMEL RELATING TO THIS AGREEMENT EXCEED 
    THE PRICE PAID TO ATMEL HEREUNDER.

9. General.

    This Agreement and all transactions concluded hereunder shall be governed 
    by the laws of the State of California, as such laws are applied to 
    contracts entered into and performed entirely in California by California 
    residents. 
    Any litigation relating to this Agreement shall be subject to the 
    exclusive jurisdiction of the state courts located in Santa Clara County, 
    California, or the federal courts located in the Northern District of 
    California. 
    If any provision of this Agreement is held to be invalid, illegal or 
    unenforceable, that provision shall be construed in such a manner that it 
    becomes valid and enforceable and so as to reflect most closely the intent 
    of the parties in agreeing upon the provision in the first place, and the 
    remaining provisions of this Agreement shall continue in full force and 
    effect and shall not in any way be affected or impaired by any such 
    determination of invalidity, illegality or unenforceability.

THIS AGREEMENT IS THE ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN ATMEL AND CUSTOMER AND SUPERSEDES ALL PRIOR ORAL AND WRITTEN AGREEMENTS AND COMMUNICATIONS BETWEEN THE PARTIES PERTAINING TO THE SUBJECT MATTER OF THIS AGREEMENT. NO DIFFERENT OR ADDITIONAL TERMS WILL BE ENFORCEABLE AGAINST ATMEL UNLESS ATMEL GIVES ITS EXPRESS WRITTEN CONSENT, INCLUDING AN EXPRESS WAIVER OF THE TERMS OF THIS AGREEMENT.

Atmel Corporation 2325 Orchard Parkway San Jose, CA 95131 http://www.atmel.com