Application notes are sample software provided on a free of charge basis according to § 516 German Civil law (BGB) to help customers understand Toshiba microcontrollers and learn how to create programs when developing new products.
If you agree with the following SOFTWARE LICENSE AGREEMENT please click on the “Accept” button below. Upon acceptance of the Software License Agreement you are free to download the application notes and to use them in accordance with the terms and conditions set forth in this Software License Agreement.
- Scope of License
This Software License Agreement (hereinafter "Agreement") shall be applied to the followings: Software product downloaded through Toshiba Electronics Europe’s website (hereinafter "Software Product") and operation manuals relating to Software Product, whether in print format or in electronic format (hereinafter "Materials").
These Software Product and Materials shall be hereinafter collectively referred to as "Licensed Product".
- Effective Date
This Agreement shall become effective upon your download of Software Product or Materials.
- Grant of Rights
- Toshiba Electronics Europe (hereinafter "Toshiba") grants to you a non-exclusive, non-transferable, non-sub licensable and royalty-free license to (i) use Licensed Product for evaluation and testing purposes and to (ii) modify Software Product for purposes of adjusting it to your products.
- Title to Licensed Product as well as any other intellectual property rights, including but not limited to copyrights, patent, know-how and trade secrets of Licensed Product are retained by Toshiba.
You may make one copy of Licensed Product for back up purposes, on condition that you affix Toshiba's copyright notice to such copy.
- Restrictions on Usage
- You are not entitled to transfer, assign, lend, lease, sublicense or otherwise cede Licensed Product and/or copy of Licensed Product to any third party.
- Software Product is designed for conducting evaluation and testing in general electronic applications. Software Product is not intended for incorporation into products which – in case of any malfunction of Software Product – may threaten or cause serious injuries to human lives or which require an extraordinarily high level of safety, quality or reliability (hereinafter "Unintended Usage"). Unintended Usage include e.g. incorporation of Software Product in atomic energy control instruments, airplane or spaceship instruments, transportation instruments, traffic signal instruments, combustion control instruments, medical instruments, all types of safety devices, etc. You undertake not to incorporate Software Product into equipment or applications if incorporation constitutes an Unintended Usage of Software Product.
- Updates and Support
Toshiba will neither provide any updates of Licensed Product nor will provide any support for Licensed Product.
TOSHIBA PROVIDES LICENSED PRODUCT WITHOUT WARRANTY (AS IS) ON A FREE OF CHARGE BASIS ACCORDING TO § 516 German Civil law (BGB).
- Exclusion/Limitation of Liability
TOSHIBA SHALL - IN EXTENSION OF § 521 German Civil law (BGB) - ONLY BE LIABLE FOR INTENTIONAL TORT. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS ARISING FROM GERMAN PRODUCT LIABILITY LAW (PRODUKTHAFTUNGSGESETZ).
- Toshiba may terminate this Agreement with immediate effect in case you fail to comply with a provision of this Agreement.
- Upon termination, you shall destroy Licensed Product and copy thereof, if existent, and furnish Toshiba reasonable evidence that proves such destruction.
- Export Controls
You hereby agree to strictly comply with any applicable export control regulations, including those of the European Union, Japan and the U.S. Export Administration Regulation and further ensure that no technical information furnished hereunder nor any direct product thereof (including Licensed Product) is intended to or will be exported or re-exported directly or indirectly to any destination restricted or prohibited by such regulations without authorization from the appropriate governmental authorities.
- Governing Law
This Agreement shall be governed and construed in accordance with the laws of Germany. The application of conflict of law rules is excluded.
TOSHIBA ELECTRONICS EUROPE GMBH
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