Buderus HM200 Notice D'installation page 46

11
Further Licenses
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRO-
GRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES
OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED IN-
CLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITI-
ONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely re-
sponsible for determining the appropriateness of using and distribu-
ting the Program and assumes all risks associated with its exercise of
rights under this Agreement, including but not limited to the risks and
costs of program errors, compliance with applicable laws, damage to
or loss of data, programs or equipment, and unavailability or inter-
ruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER
RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABI-
LITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLU-
DING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE
OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of the
remainder of the terms of this Agreement, and without further action
by the parties hereto, such provision shall be reformed to the mini-
mum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Program it-
self (excluding combinations of the Program with other software or
hardware) infringes such Recipient's patent(s), then such Recipient's
rights granted under Section 2(b) shall terminate as of the date such
litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to
comply with any of the material terms or conditions of this Agreement
and does not cure such failure in a reasonable period of time after be-
coming aware of such noncompliance. If all Recipient's rights under
this Agreement terminate, Recipient agrees to cease use and distri-
bution of the Program as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses gran-
ted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agree-
ment, but in order to avoid inconsistency the Agreement is copyright-
ed and may only be modified in the following manner. The Agreement
Steward reserves the right to publish new versions (including revisi-
ons) of this Agreement from time to time. No one other than the Ag-
reement Steward has the right to modify this Agreement. The Eclipse
Foundation is the initial Agreement Steward. The Eclipse Foundation
may assign the responsibility to serve as the Agreement Steward to a
suitable separate entity. Each new version of the Agreement will be
given a distinguishing version number. The Program (including Con-
tributions) may always be distributed subject to the version of the Ag-
reement under which it was received. In addition, after a new version
of the Agreement is published, Contributor may elect to distribute
the Program (including its Contributions) under the new version. Ex-
cept as expressly stated in Sections 2(a) and 2(b) above, Recipient
receives no rights or licenses to the intellectual property of any Con-
tributor under this Agreement, whether expressly, by implication, es-
toppel or otherwise. All rights in the Program not expressly granted
under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and
the intellectual property laws of the United States of America. No par-
ty to this Agreement will bring a legal action under this Agreement
more than one year after the cause of action arose. Each party waives
its rights to a jury trial in any resulting litigation.
46
11.4 Eclipse Distribution License - v 1.0
Copyright (c) 2007, Eclipse Foundation, Inc. and its licensors.
All rights reserved.
Redistribution and use in source and binary forms, with or without modi-
fication, are permitted provided that the following conditions are met:
• Redistributions of source code must retain the above copyright noti-
ce, 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 docu-
mentation and/or other materials provided with the distribution.
• Neither the name of the Eclipse Foundation, Inc. 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 MER-
CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISC-
LAIMED. 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 INTER-
RUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEG-
LIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DA-
MAGE.
11.5 MCD-ST Liberty Software License Agreement v2
SLA0044 Rev5/February 2018
BY INSTALLING COPYING, DOWNLOADING, ACCESSING OR OTHERWI-
SE USING THIS SOFTWARE OR ANY PART THEREOF (AND THE RELATED
DOCUMENTATION) FROM STMICROELECTRONICS INTERNATIONAL
N.V, SWISS BRANCH AND/OR ITS AFFILIATED COMPANIES (STMICROE-
LECTRONICS), THE RECIPIENT, ON BEHALF OF HIMSELF OR HERSELF,
OR ON BEHALF OF ANY ENTITY BY WHICH SUCH RECIPIENT IS EMPLOY-
ED AND/OR ENGAGED AGREES TO BE BOUND BY THIS SOFTWARE LI-
CENSE AGREEMENT.
Under STMicroelectronics' intellectual property rights, the redistributi-
on, reproduction and use in source and binary forms of the software or
any part thereof, with or without modification, are permitted provided
that the following conditions are met:
1. Redistribution of source code (modified or not) must retain any copy-
right notice, this list of conditions and the disclaimer set forth below
as items 10 and 11.
2. Redistributions in binary form, except as embedded into microcont-
roller or microprocessor device manufactured by or for STMicroelec-
tronics or a software update for such device, must reproduce any
copyright notice provided with the binary code, this list of conditi-
ons, and the disclaimer set forth below as items 10 and 11, in docu-
mentation and/or other materials provided with the distribution.
3. Neither the name of STMicroelectronics nor the names of other con-
tributors to this software may be used to endorse or promote pro-
ducts derived from this software or part thereof without specific
written permission.
4. This software or any part thereof, including modifications and/or de-
rivative works of this software, must be used and execute solely and
exclusively on or in combination with a microcontroller or micropro-
cessor device manufactured by or for STMicroelectronics.
HM200 – 6721826269 (2020/08)