IMPORTANT-READ CAREFULLY: This Synopsys End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Synopsys, Inc. for the Synopsys Licensed Software identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("LICENSED SOFTWARE"). By installing, copying, or otherwise using the LICENSED SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not copy or use the LICENSED SOFTWARE.
The LICENSED SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The LICENSED SOFTWARE is licensed, not sold.
|"Key Server" means the computational node(s), as identified in the License Key, which controls access to and enables the Licensed Software.|
|"Licensed Software" means the Milkyway Database Environment, the sample physical design database (including associated libraries), and the documentation provided hereunder. Execution of the Milkyway Database Environment is controlled by a License Key mechanism. The Milkyway Database Environment consists of an executable object module having a GUI, a database engine, a layout editor, and a Scheme interpreter.|
|"License Key" means a document (in physical or electronic format) provided by Synopsys to you which lists: (i) the specific item of Licensed Software, including version number and quantity, licensed to you; (ii) the Key Server(s); and (iii) the codes which you must input to initialize use of the Key Server(s).|
1. GRANT OF LICENSE. This EULA grants you the following rights:
|a.||Licensed Software. Synopsys grants to you a personal, internal-use-only, non-exclusive license to use the LICENSED SOFTWARE in the quantity and for the term authorized by the License Key for the sole purposes of developing, testing, marketing, and supporting your software product(s) that use(s) Synopsys' Milkyway database ("Product(s) for Milkyway").|
|b.||Electronic Documents. Solely with respect to electronic documents included with the LICENSED SOFTWARE, you may make a reasonable number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes for the development, testing, and support purposes described in Section 1(a) above, and are not republished or distributed to any third party. You may not remove or alter any copyright or proprietary notices contained in such documents or any copies thereof.|
|c.||Limited Licenses. The express license grants hereunder are subject to all the restrictions set forth herein. No other licenses shall be deemed to be created hereunder, whether by implication, waiver, estoppel, or otherwise.|
2. COPYRIGHT. All rights, title, and copyrights in and to the LICENSED SOFTWARE (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the LICENSED SOFTWARE) and any copies of the LICENSED SOFTWARE are owned by Synopsys or its suppliers. The LICENSED SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the LICENSED SOFTWARE like any other copyrighted material.
- 3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Limitations on Reverse-Engineering, Decompilation, and Disassembly. You may not reverse-engineer, decompile, disassemble, or disclose the results of any benchmarking of the LICENSED SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Rental. You may not rent, lease, or lend the LICENSED SOFTWARE nor may you use the LICENSED SOFTWARE to perform consulting services for third parties.
- Assignment. You may not assign this EULA, whether in whole or in part, without the prior written consent of Synopsys.
- Termination. Without prejudice to any other rights, Synopsys may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the LICENSED SOFTWARE and all of its component parts.
4. EXPORT RESTRICTIONS. You acknowledge that the LICENSED SOFTWARE is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the LICENSED SOFTWARE, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. All LICENSED SOFTWARE provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All LICENSED SOFTWARE provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 52.227-7013 (OCT 1988), as applicable. The reseller is responsible for ensuring LICENSED SOFTWARE is marked with the "Restricted Rights Notice" or "Restricted Rights Legend," as required. All rights not expressly granted are reserved.
6. DISCLAIMER OF WARRANTY FOR LICENSED SOFTWARE. To the maximum extent permitted by applicable law, Synopsys and its suppliers provide the LICENSED SOFTWARE and support services, if any, related to the LICENSED SOFTWARE ("Support Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the LICENSED SOFTWARE, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE LICENSED SOFTWARE.
7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYNOPSYS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SYNOPSYS OR ANY SUPPLIER, AND EVEN IF SYNOPSYS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Synopsys and any of its suppliers with regard to the LICENSED SOFTWARE or this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the LICENSED SOFTWARE or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
You agree that Synopsys may identify you as a participant in Synopsys' Milkyway Access Program. This EULA shall be governed by the laws of the State of California.
|SYNOPSYS, INC.||__________________________ (YOU)|