(documents to include, for example: software interface specifications, and measurements and performance report)
Copyright © 2012-2013 Microchip Technology Inc. All rights reserved.
1. License Grant. Microchip licenses to you the right to use this USB Power Delivery Transport Interface document and the software interface described therein and all related documentation (collectively, “the Interface”) for purposes of developing your application using Microchip products. Microchip grants strictly to Licensee a non-exclusive, non-transferable, worldwide license to use the Interface in connection with Licensee Products and/or Third Party Products; to distribute the Interface to Third Parties for use in Third Party Products, so long as such Third Party agrees to be bound by this Agreement (in writing or by "click to accept") and this Agreement accompanies such distribution and the right to sublicense to a Third Party to use the Interface, so long as such Third Party agrees to be bound by this Agreement (in writing or by "click to accept").
2. Warranty Disclaimer. The Interface is provided for your convenience only and may be superseded by updates. Access to the Interface will not be deemed to modify Microchip’s standard warranty for its products. It is your responsibility to: (1) ensure that the Interface and your use thereof, meets your requirements; and (2) test your application.
THE INTERFACE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
3. Ownership of Proprietary Rights. Microchip retains all right, title and interest in and to the Interface including, but not limited to all patent, copyright, trade secret and other intellectual property rights in the Interface and underlying technology and all copies and derivative works thereof (by whomever produced). Licensee agrees that Microchip may freely use for any purpose any comments, suggestions and feedback (collectively “Feedback”) provided by Licensee to Microchip in connection with the Interface, and that Microchip may disclose Feedback to others provided that Microchip will not identify Licensee as being the source of the Feedback. Licensee and Third Party use of such modifications and derivatives is limited to the license rights described in this Agreement.
4. Limit on Liability. IN NO EVENT WILL MICROCHIP BE LIABLE OR OBLIGATED UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, BREACH OF WARRANTY, OR OTHER LEGAL EQUITABLE THEORY ANY DIRECT OR INDIRECT DAMAGES OR EXPENSES INCLUDING BUT NOT LIMITED TO ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES, ANY CLAIMS BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ANY DEFENSE THEREOF), OR OTHER SIMILAR COSTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, MICROCHIP’S LIABILITY IS CAPPED AT THE AMOUNT YOU PAID DIRECTLY TO MICROCHIP FOR THE INTERFACE.
5. Governing Law. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF ARIZONA AND THE UNITED STATES WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. Licensee agrees that any disputes arising out of or related to this Agreement or the Interface will be brought in the courts of State of Arizona. The parties agree to waive their rights to a jury trial in actions relating to this Agreement.