Unless prior authorization is obtained from the U. You hereby warrant and represent that you have obtained all authorizations and other applicable consents required empowering you to enter into this Agreement. This Agreement is written and executed in the English language and shall be authoritative and controlling, whether or not translated into a language other than English to comply with law or for reference purposes. Any software export classification made by PLANET shall not be construed as a representation or warranty regarding the proper export classification for such software or whether an export license or other documentation is required for the exportation of such software. This Agreement will be governed by and interpreted in accordance with the laws of Taiwan, R. Access to Open Source Software: The parties agree that non-exclusive jurisdiction for any dispute arising out of or relating to this Agreement lies within the courts located in Taiwan, R.
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Law Department — Embedded Processing. Use of any software application generated, analyzed or debugged using the Licensed Materials on processing devices manufactured by or for an entity other than PLANET is a material breach of this Agreement. Upon expiration or termination of this Agreement, you will plajet any and all copies of the Licensed Materials, including any derivatives thereof, in your possession, custody or control and provide to PLANET a written statement signed by your authorized representative certifying such destruction.
Except ene-9506 Section 1 a enw-95066, all provisions of this Agreement shall survive expiration or termination of this Agreement. Failure eenw-9506 PLANET to plaent any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision in this Agreement or any other agreement that may be in place between the parties.
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The Licensed Materials contain copyrighted material, trade secrets and other proprietary information of PLANET and its licensors and are protected by copyright laws, international copyright treaties and trade secret laws, as well as other intellectual property laws. Certain Licensed Materials may be based on industry recognized standards or software programs published by industry recognized standards bodies and certain third parties may claim to own patents, copyrights and other intellectual property rights that cover implementation of those standards.
Commerce Department, neither you nor your subsidiaries shall export, re-export, or release, directly or indirectly including, without limitation, by permitting the Licensed Materials to be downloadedany technology, software, or software source code, received from PLANET, or export, directly or indirectly, any direct product of such technology, software, planer software source code, to any person, destination or country to which the export, re-export, or release lpanet the technology, software, or software source code, or direct product is prohibited by enw-99506 EAR.
You agree to use the Licensed Materials, or any derivatives thereof, solely within the scope of the licenses set forth herein, to maintain the Licensed Materials, or any derivatives thereof, in strict confidence, to use at least the same procedures and degree of care that you use to prevent disclosure of your own confidential information of like importance but in no instance less than reasonable care, and to prevent disclosure of the Licensed Materials, or any derivatives thereof, to any third party, except as may be necessary and required in connection with your rights and obligations hereunder.
Access to Open Source Software: Any software export classification made by PLANET shall not be construed as a representation or warranty regarding the proper export classification for such software or whether an export license or other documentation is required for the exportation of such software. The parties agree that non-exclusive jurisdiction for any dispute arising out of or relating to this Agreement lies within the courts located in Taiwan, R.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or limitation on how long an implied warranty lasts, the above limitations or exclusions may not apply to you.
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If a translation of this Agreement is required for any purpose, including but not limited to registration of the Agreement pursuant to any governmental laws, regulations or rules, you shall be solely responsible for creating such translation. You hereby warrant and represent that you have obtained all authorizations enw-9560 other applicable consents required empowering you to enter into this Agreement.
Notwithstanding the foregoing, any judgment may be enforced in any Taiwan or foreign court, and either party may seek injunctive relief in any Taiwan or foreign court. Governing Law and Severability; Waiver.
This Agreement will be governed by and interpreted in accordance with the laws of Taiwan, R. This license grants you permission to use the software. You further acknowledge that you are responsible for any such third party fees or royalties. You agree to obtain executed confidentiality agreements with your employees having access to the Licensed Materials, or any derivatives thereof, and to diligently take steps to enforce such agreements in this respect.
PLANET planst that industry standard employment agreements used in the normal course of your business shall satisfy the requirements of this section. Upon receipt of such approvals from the government authorities, you shall forward evidence of all such approvals to PLANET for its records.
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Except as expressly provided in this Agreement, you shall not copy, publish, disclose, display, provide, transfer or make available the Licensed Materials, or any derivatives thereof, to any third party and you shall not sublicense, transfer or assign the Licensed Materials, or any derivatives thereof, or your rights under this Agreement to any third party. Use of the Licensed Materials to generate, analyze or debug applications for use with processing devices other than those manufactured by or for PLANET is a material breach of this Agreement.
Your use of the Open Source Materials is subject to the separate licensing terms applicable to such Open Source Materials as specified in the applicable software manifest. You can terminate the agreement at any time by uninstalling the software.
The Licensed Materials could be bundled with open source software. You acknowledge and agree that the Licensed Materials, and any derivatives thereof, contain trade secrets and other confidential information of PLANET and its licensors.