Esterel products are owned and licensed exclusively by Ecole des Mines de Paris (EMP), ARMINES, and INRIA, Licensors.
Licensors grant to you, Licensee, a non-exclusive, non-transferable license to use the Esterel v5 binary code versions (Binary Software) without fee. Licensee may distribute the Binary Software to third parties provided that the copyright notice and this statement appear on all copies of the software and documentation or portions thereof.
LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE BINARY SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED EITHER BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE BINARY SOFTWARE OR ITS DERIVATIVES, OR BY THIRD PARTIES TO WHOM THE BINARY SOFTWARE HAS BEEN DISTRIBUTED. THE BINARY SOFTWARE IS SUPPLIED AS SUCH, AND LICENSORS SHALL NOT PROVIDE MAINTENANCE OR USER-ASSISTANCE.
By downloading, using or copying this Binary Software, Licensee agrees to abide by the intellectual property laws and the terms of this License. Ownership of the software shall remain solely in Licensors.
Licensors shall have the right to terminate this license immediately by written notice upon Licensee's breach of, or non-compliance with, any of its terms. Licensee shall be liable for any infringement or damages resulting from Licensee's failure to abide by the terms of this License.
END USER SOFTWARE LICENSE AGREEMENT
BY USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. DO NOT USE THIS SOFTWARE UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE PRODUCTS SUPPLIED TO YOU BY INRIA AND XORIX.
1. License Grant. INRIA & Xorix hereby grants to you a non-exclusive, non-transferable license to use the enclosed software provided by INRIA and XORIX in machine-readable, object-code form and the related documentation (the "Software") on a single computer and solely for your own internal use. You may not reverse engineer, decompile, disassemble, modify, or make any copies of the Software. The rights and license granted hereunder are restricted solely and exclusively to you and may not in any way, directly or indirectly, be licensed, assigned, sublicensed, leased, or otherwise transferred by you without the prior written consent of INRIA and Xorix and Digital Equipment Corporation. INRIA and Xorix or Digital Equipment Corporation may terminate this license by written notice to you in the event you fail to comply with the terms of this Agreement.
2. Ownership. Ownership of the Software, and of any copyright, patent, trade secret or other intellectual and proprietary rights therein, are and remain in the future solely and exclusively in Digital Equipment Corporation and/or its licensees.
3. Disclaimer of Warranty. THE SOFTWARE IS LICENSED "AS IS" WITHOUT ANY WARRANTY OR REPRESENTATION, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WITHOUT ANY SUPPORT OR RIGHT TO ANY CORRECTIONS, BUG FIXES, MAINTENANCE, MODIFICATIONS, ENHANCEMENTS, IMPROVEMENTS, OR EXTENSIONS, NOW OR IN THE FUTURE. INRIA AND XORIX AND DIGITAL EQUIPMENT CORPORATION DO NOT WARRANT OR REPRESENT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, SHOULD THE SOFTWARE PROVE DEFECTIVE, INRIA AND XORIX AND DIGITAL EQUIPMENT CORPORATION HAVE NO OBLIGATION OR RESPONSIBILITY WHATSOEVER. NEVERTHELESS, IN THE EVENT THAT INRIA AND XORIX AND DIGITAL EQUIPMENT CORPORATION DO PROVIDE ASSISTANCE TO ANY USER OF THE SOFTWARE, ALL OF THE LIMITATIONS WITH RESPECT TO WARRANTIES AND REMEDIES SHALL APPLY TO ANY ASSISTANCE SO RENDERED.
4. Limitation of liability. IN NO EVENT SHALL INRIA, XORIX OR DIGITAL EQUIPMENT CORPORATION BE LIABLE TO YOU FOR ANY LIABILITY, LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF USE OR OTHER ECONOMIC LOSS, EVEN IF INRIA, XORIX OR DIGITAL EQUIPMENT CORPORATION HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU WILL BEAR THE ENTIRE RISK OF USING THE SOFTWARE AND THAT YOU WILL INDEMNIFY, DEFEND, AND HOLD INRIA, XORIX AND DIGITAL EQUIPMENT CORPORATION HARMLESS AGAINST ANY CLAIMS ARISING OUT OF THIS AGREEMENT, ANY OTHER AGREEMENT.
5. Compliance with Laws. You hereby represent and warrant that you shall comply with all United States and other laws regulations governing your use of the Software pursuant to this Agreement, including, without limitation, any and all laws or regulations restricting your ability to export or re-export the Software.
6. Applicable Law. This Agreement is governed by the laws of France.
Ecole des Mines de Paris
60 Bd St Michel
75275 Paris Cedex 06, France
60 Bd St Michel
75275 Paris Cedex 06, France
Domaine de Voluceau
78150 Rocquencourt, France