END USER LICENSE AGREEMENT (EULA)

FINGERPRINT SOFTWARE

 

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING, ACCESSING, INSTALLING OR OTHERWISE USING THE SOFTWARE MADE AVAILABLE TO YOU BY OR ON BEHALF OF SILVACO, INC. ("SILVACO"), INCLUDING ANY UPDATES AND/OR ADDED FUNCTIONALITY THERETO (COLLECTIVELY, THE "SOFTWARE").  BY DOWNLOADING, ACCESSING, INSTALLING OR OTHERWISE USING THIS SOFTWARE, YOU (END USER) ARE AGREEING TO THE TERMS AND CONDITIONS OF USE SET FORTH BELOW.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, ACCESS, INSTALL OR USE THE SOFTWARE, AND IF SOFTWARE IS PROVIDED ON PHYSICAL MEDIA, PROMPTLY RETURN THE SOFTWARE TO THE SOURCE FROM WHICH YOU OBTAINED IT.

 

This EULA governs use of the Software, regardless of how it was delivered to the End User.

 

1.  Software License. The Software is a collection of numerous software components and documentation, some of which are owned by Silvaco and referred to as the Fingerprint Software and other components which are subject to various license agreements. The End User is granted a non-exclusive, non-transferable, non-sublicensable right and license to install and use the Software for End Users internal purposes. 

 

a)     Fingerprint Software cannot be distributed without the prior written permission of Silvaco and cannot be copied, except as necessary for back-up purposes.  End User may not itself (and End User may not knowingly allow any third party to) remove, alter, or obscure any proprietary notices contained on or within Fingerprint Software and shall reproduce such notices on any permitted copies of Fingerprint Software.  End User acknowledges that the scope of the licenses granted hereunder do not permit End User (and End User may not knowingly allow any third party) to: (i) create derivative works of, copy, alter or in any way modify Fingerprint Software (except to the extent that such restrictions not permitted under applicable law); (ii) translate, decompile, disassemble, reverse compile, reverse engineer, interrogate, or decode Fingerprint Software or in any other manner reduce the Fingerprint Software to human perceivable form (except to the extent that such restrictions are not permitted under applicable law); (iii) bypass or delete any copy protection methods that are for preventing unauthorized copying or use of Fingerprint Software; or (iv) electronically distribute, timeshare, provide as a commercial hosted service or service bureau, market by interactive cable or remote processing services the Fingerprint Software; or (v) use Fingerprint Software except as set forth in this EULA.  Silvaco reserves all rights in Fingerprint Software not expressly granted herein.

 

b)     Components of the Software that are not Fingerprint Software are licensed under the MIT License with the full text of that license as follows:

 

Docopt license

 

Copyright (c) 2013 Keith Batten

 

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rightsto use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

 

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

 

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS ORIMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,  FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,  OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 

 

2. Ownership. The Software and each of its components, including the source code, documentation, appearance, structure, and organization are owned by Silvaco and others and are protected under copyright and other laws. Title to the Software, including any customer funded development thereof, shall remain with the aforementioned, subject to the licenses described above.

 

3. Trademarks.  The "Silvaco, Core Store, Xena and associated logos are the registered trademarks or trademarks of Silvaco and its affiliates. This EULA does not permit End User to use the Silvaco registered trademarks or trademarks. 

 

4.  Limited Warranty. EXCEPT AS SPECIFICALLY STATED IN THIS EULA OR A LICENSE FOR A PARTICULAR COMPONENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE AND THE COMPONENTS ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SILVACO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE END USERS REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION.

 

IF SOFTWARE IS PROVIDED ON PHYSICAL MEDIA, SILVACO WARRANTS THAT THE MEDIA ON WHICH THE SOFTWARE IS FURNISHED WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF 30 DAYS FROM THE DATE OF DELIVERY TO END USER.  THIS WARRANTY EXTENDS ONLY TO THE END USER WHO RECEIVES THE SOFTWARE DIRECTLY FROM SILVACO. SILVACOS ENTIRE LIABILITY, AND END USERS SOLE REMEDIES, SHALL BE: IF THE SOFTWARE MEDIA IS DEFECTIVE, END USER MAY RETURN IT WITHIN 30 DAYS OF DELIVERY ALONG WITH A COPY OF THE END USERS PAYMENT RECEIPT REPLACEMENT OF THE MEDIA.

 

5. Limitation of Remedies and Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES DESCRIBED BELOW ARE ACCEPTED BY END USER AS ITS ONLY REMEDIES.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SILVACO WILL NOT BE LIABLE TO END USER FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST OPPORTUNITIES, LOST SAVINGS, OR LOST DATA OR COST OF COVER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF SILVACO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SILVACOS AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF U.S. $100 UNDER THIS EULA. END USER ACKNOWLEDGES THAT THE EULA REFLECTS AN ADEQUATE AND ACCEPTABLE ALLOCATION OF RISK.

 

6.  Export Control; Government Users. The End User may not export or re-export the Software except in compliance with the United States Export Administration Act and the related rules and regulations and similar non-U.S. government restrictions, if applicable. The Software and accompanying documentation are deemed to be commercial computer software and commercial computer software documentation, respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, displaying, or disclosing of the Software by the U.S. Government shall be governed solely by the terms of this EULA.

 

7. Term and Termination.  This EULA will remain effective until terminated.  The End User may terminate this EULA by removing the Software from End Users computers, ceasing all use of, and destroying all copies of, the Software.  Any breach of this EULA by End User will result in the immediate and automatic termination of this EULA and licenses granted by Silvaco herein, and End User shall cease all use of and destroy all copies of the Fingerprint Software and notify Silvaco at the address below.  In addition to termination, Silvaco will have the right to pursue any other remedies available to it under law. 

 

8. General. If any provision of this EULA is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This EULA shall be governed by the laws of the State of California and of the United States, without regard to any conflict of laws provisions, except that the UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY.  End User and Silvaco agree to bring any claims arising out of, or related to this EULA in the state or federal courts having jurisdiction in San Jose, California, and that End User and Silvaco agree and submit to the personal and exclusive jurisdiction and venue of these courts.

 

If the End User has any questions about this EULA or desires to contact Silvaco, please send inquiries to Silvaco, Inc. 4701 Patrick Henry Drive, Building 2, Santa Clara, CA 95054 USA