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SIGASI SOFTWARE LICENSE AGREEMENT REVISION 2012-09-12

Patent application pending: US 2011/209132


Copyright (c) 2008-2014, SIGASI All rights reserved.
Carefully read all terms and conditions of this Software License Agreement
before you use the Software
This Software License Agreement (the "Agreement") is a legally binding
agreement between the User of the software (the "User") and SIGASI nv
("SIGASI"), seated at Franklin Rooseveltlaan 348/N, 9000 Ghent, Belgium. By usin
g,
installing or clicking the acceptance button of the software (as updated by
SIGASI from time to time, the "Software"), the User is accepting to be bound
by all of the terms and conditions of this Agreement.
1. Grant of License.
The Software and all accompanying documentation (the
"Documentation") are licensed to the User, under the terms
and conditions set forth in this Agreement. Subject to such terms and conditions
SIGASI hereby grants to the User a non-exclusive, non-transferable right to use
the Software and the Documentation and to the extent permitted by
payment of applicable license fees, if any, under an approved
licensing model and/or a Software License Key. Depending upon the
model utilized to compute the applicable license fees paid by the User
to use the Software (whether per Processor, per user, or any other
approved licensing model), an applicable Software License Key may
limit usage of the Software accordingly. The User may use the Software
on a single computer (node-locked license or floating licensing)
located in a country to which the Software is legally exported. The
software may not be exported or re-exported to certain countries or
to persons or entities prohibited from receiving U.S. exports
(including those (a) on the Bureau of Industry and Security Denied
Parties List or Entity List, (b) on the Office of Foreign Assets
Control list of Specially Designated Nationals and Blocked Persons,
and (c) involved with missile technology or nuclear, chemical or
biological weapons).
2. Limitations on Use.
The User will not modify or translate the Software or
the Documentation without the prior written consent of SIGASI. The User will
not reverse engineer, decompile, disassemble or otherwise attempt to recreate
the source code of the Software. The User will not separate from the Software
any of the component parts of the Software.
3. Limitations on Duplication.
The User may not make any copies of the Software or the Documentation, provided,

however, that the User may make a reasonable number of copies of the Software or

the Documentation solely for backup or archival purposes if such copy of
the Software or Documentation contains the notation "Copyright
SIGASI". The User will not print any on-line or electronic documentation other
than solely for servicing, operating or training purposes.The User may
not remove any titles, trademarks or trade names, copyright notices,
or other proprietary markings on the Software. SIGASI retains all
rights not expressly granted to the User under this Agreement.
4. Limitations on Transfer.
The User will not sell, rent, lease or otherwise
transfer any or all of the Software, the Documentation or any copies thereof,
without the prior written consent of SIGASI. The User will not sublicense,
assign, delegate, rent, lease or otherwise transfer any or all of its rights
under this Agreement to any third party.
5. Ownership and Copyright.
The User has not acquired, by virtue of thisAgreement, any right of ownership
in or to the Software, the Documentation or any related patent, copyright,
trademark or other intellectual property right.
By virtue of this Agreement, the User has acquired a right of ownership solely
in and to the physical media on which the Software and the Documentation are
recorded or fixed. SIGASI, its licensors and their respective licensors retain
all right, title and interest in and to the Software, the Documentation and
any and all copies thereof, except for the rights expressly granted to the
User pursuant to this Agreement and as may be granted by SIGASI from time to
time. Such right, title and interest of SIGASI is, and such right, title and
interest of SIGASI's licensors and their respective licensors may be protected
by applicable copyright laws and international treaties.
6. Term and Termination.
This Agreement remains effective until expiration or termination. This
Agreement will immediately terminate upon notice if the User exceeds
the scope of license granted. For any other material breach under this
Agreement, SIGASI may terminate this Agreement upon 30 days written
notice if the User is in material breach and fails to cure such breach
within the 30 day notice period. If a Software license was provided
for limited term use, such license will automatically terminate at the
end of the authorized term. The agreement shall be extended in case of
timely payment of the license fees by the User.
If the User fails to comply with any of the terms and conditions set forth in th
is
Agreement, then (a) this Agreement will automatically terminate,
(b) notwithstanding such termination, the User will (i) destroy or permanently
erase the Software and any and all copies thereof and (ii) destroy the
Documentation and any and all copies thereof, and (c) SIGASI may exercise any
or all remedies available to it under applicable laws. In addition, the User
may terminate this Agreement at any time by (a) destroying or permanently
erasing the Software and any and all copies thereof and (b) destroying the
Documentation and any and all copies thereof. In case the User
terminates this Agreement, SIGASI shall not refund any license fees
paid by the User partially or totally.
7. Support.
SIGASI may offer support for installing, maintaining and operating
the Software, at its own discretion and on a best-effort basis. The User
thereto can contact SIGASI via the support pages at http://www.sigasi.com.
8. Debug and usage information.
The Software can at certain intervals contact an online service, operated
by SIGASI. The Software can transmit certain debug information and usage
information to such service, subject to approval of the User. SIGASI
will only use such information for the purpose of improving its
products and for future product planning. The User will be able to
inspect which information is being sent and will be able to cancel the
transmission. SIGASI will not disclose such information, unless in a
sufficiently aggregated and anonymized form.
9. NO WARRANTIES( LIMITED WARRANTY).
Sigasi declares it has all rights to enter into this agreement.
THE SOFTWARE IS MADE AVAILABLE TO THE USER ON AN "AS IS" BASIS WITHOUT
ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES WHATSOEVER, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
Some jurisdictions may not permit the exclusion of implied warranties; so the
above exclusion may not apply to the User. The User may have other rights that
vary from jurisdiction to jurisdiction. If during the evaluation
period the Software does not substantially conform to the description
contained in the applicable end user documentation, the Users' sole
remedy will be that Sigasi shall refund the license fees paid, if any,
related to the Software provided that (a) the Software has been
properly installed and used at all times an in accordance with the
instructions in the applicable end user documentation (b) no
modification, alteration or addition has been made to the Software
product by persons other than Sigasi and (c) Sigasi receives written
notice of the non-conformity within 30 days (following shipment of the
first Software License Key). SIGASI may from time to time, in its sole
discretion, make available to the User, without charge, updates to the
Software or the Documentation. No such action will create any warranty
obligation on the part of SIGASI
10. LIMITATION OF LIABILITY.
IN NO EVENT WILL SIGASI, ITS DISTRIBUTORS
, ITS LICENSORS, OR THEIR RESPECTIVE LICENSORS BE LIABLE FOR ANY
DAMAGES OR OTHER RELIEF WHATSOEVER ARISING OUT OF USER'S USE OR
INABILITY TO USE THE SOFTWARE OR THE DOCUMENTATION, INCLUDING WITHOUT
LIMITATION LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY OR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LEGAL
FEES ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, EVEN IF
SIGASI, ITS DISTRIBUTORS, ITS LICENSORS OR THEIR RESPECTIVE LICENSORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions may not permit the exclusion or limitation of incidental or
consequential damages; so the above exclusion or limitation may not apply to
the User. SIGASI, its distributors and licensors' liability under this
Agreement will not, in any event, exceed the license fees, if any,
paid by the User for the Software licensed under this Agreement. In
case an electronic circuit designed using the SIGASI software does
not function properly, SIGASI will not be responsible thereof. The
User must validate the code and the electronic circuit in accordance
with the industrial standards.
11. Governing Law.
This Agreement will be governed by and construed in
accordance with the laws of Belgium, without giving effect to the conflicts of
laws principles thereof.
12. Other Terms. Additional or different terms and conditions may be
applicable to the User if so agreed in writing by SIGASI, its
distributors, its licensors and/or their respective licensors.
13. Open Source Software.
The Software may contain the following Open Source Software:
13.1. ANTLR v3
Terms and conditions applicable to this Open Source Software:
[The BSD License] Copyright (c) 2003-present, Terence Parr All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer. Redistributions in binary
form must reproduce the above copyright notice, this list of conditions and
the following disclaimer in the documentation and/or other materials provided
with the distribution. Neither the name of the author nor the names of its
contributors may be used to endorse or promote products derived from this
software without specific prior written permission. THIS SOFTWARE IS PROVIDED
BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
13.2. VEditor 0.5.1
Terms and conditions applicable to this Open Source Software:
[The BSD License] Copyright (c) 2004-2006, Kobayashi Tadashi and others All
rights reserved. Redistribution and use in source and binary forms, with or
without modification, are permitted provided that the following conditions are
met: Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer. Redistributions in
binary form must reproduce the above copyright notice, this list of conditions
and the following disclaimer in the documentation and/or other materials
provided with the distribution. Neither the name of the author nor the names
of its contributors may be used to endorse or promote products derived from
this software without specific prior written permission. THIS SOFTWARE IS
PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
13.3. Eclipse and Eclipse Plugins
Terms and conditions applicable to this Open Source Software:
[The EPL License] Copyright (c) 2008-present, The Eclipse Foundation. All rights
reserved.
This program and the accompanying materials are made available under the terms
of the Eclipse Public License v1.0 which accompanies this distribution, and is
available at http://www.eclipse.org/legal/epl-v10.html THIS SOFTWARE IS
PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
13.4 Mousefeed
Copyright (C) Heavy Lifting Software 2007-2008. All rights reserved.
MouseFeed is free software: you can redistribute it and/or modify
it under the terms of the GNU Lesser General Public License as published by
the Free Software Foundation, either version 3 of the License, or
(at your option) any later version.
MouseFeed is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU Lesser General Public License for more details.
You should have received a copy of the GNU Lesser General Public License
along with MouseFeed. If not, see http://www.gnu.org/licenses/.
13.5 Cairo for Linux
Cairo for Linux ("Cairo") is developed by The Cairo Project
(http://www.cairographics.org):
Cairo is delivered in the following file ("Cairo Library"):
* libcairo-swt.so
which was compiled from Cairo source code available at
http://www.cairographics.org/snapshots.
Your use of the Cairo code in binary form is subject to the terms and conditions
of Mozilla Public License Version 1.1 ("MPL"). A copy of the MPL is provided
(mpl-v11.txt) and is also available at http://www.mozilla.org/MPL/MPL-1.1.html.
13.6 pixman
pixman ("pixman") is packaged within the Cairo Library and was compiled from
source code available at http://www.cairographics.org/snapshots. pixman includes
the following packages:
* libpixregion
* libic
* slim
Your use of pixman is subject to the terms and conditions of the licenses in
pixman-licenses.txt.
13.7 Oracle Java Runtime Environment
Copyright (c) 2006, 2010, Oracle and/or its affiliates.
All rights reserved.
This software and related documentation are provided under a
license agreement containing restrictions on use and
disclosure and are protected by intellectual property laws.
Except as expressly permitted in your license agreement or
allowed by law, you may not use, copy, reproduce, translate,
broadcast, modify, license, transmit, distribute, exhibit,
perform, publish, or display any part, in any form, or by
any means. Reverse engineering, disassembly, or
decompilation of this software, unless required by law for
interoperability, is prohibited.
The information contained herein is subject to change
without notice and is not warranted to be error-free. If
you find any errors, please report them to us in writing.
If this is software or related software documentation that
is delivered to the U.S. Government or anyone licensing it
on behalf of the U.S. Government, the following notice is
applicable:
U.S. GOVERNMENT RIGHTS Programs, software, databases, and
related documentation and technical data delivered to U.S.
Government customers are "commercial computer software" or
"commercial technical data" pursuant to the applicable
Federal Acquisition Regulation and agency-specific
supplemental regulations. As such, the use, duplication,
disclosure, modification, and adaptation shall be subject to
the restrictions and license terms set forth in the
applicable Government contract, and, to the extent
applicable by the terms of the Government contract, the
additional rights set forth in FAR 52.227-19, Commercial
Computer Software License (December 2007). Oracle America,
Inc., 500 Oracle Parkway, Redwood City, CA 94065.
This software or hardware is developed for general use in a
variety of information management applications. It is not
developed or intended for use in any inherently dangerous
applications, including applications which may create a risk
of personal injury. If you use this software or hardware in
dangerous applications, then you shall be responsible to
take all appropriate fail-safe, backup, redundancy, and
other measures to ensure its safe use. Oracle Corporation
and its affiliates disclaim any liability for any damages
caused by use of this software or hardware in dangerous
applications.
Oracle and Java are registered trademarks of Oracle and/or
its affiliates. Other names may be trademarks of their
respective owners.
AMD, Opteron, the AMD logo, and the AMD Opteron logo are
trademarks or registered trademarks of Advanced Micro
Devices. Intel and Intel Xeon are trademarks or registered
trademarks of Intel Corporation. All SPARC trademarks are
used under license and are trademarks or registered
trademarks of SPARC International, Inc. UNIX is a
registered trademark licensed through X/Open Company, Ltd.
This software or hardware and documentation may provide
access to or information on content, products, and services
from third parties. Oracle Corporation and its affiliates
are not responsible for and expressly disclaim all
warranties of any kind with respect to third-party content,
products, and services. Oracle Corporation and its
affiliates will not be responsible for any loss, costs, or
damages incurred due to your access to or use of third-party
content, products, or services.

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