Agreement: BLF544 28V 40mA S-parameter Data
Before pressing the “Accept” button please carefully and entirety read this Ampleon Software License Agreement, as such action is a symbol of your signature, and you are consenting to be bound by and are becoming a party to this Agreement and agree that this Agreement is enforceable like any written negotiated agreement signed by you. After accepting you may download the file. If you do not agree to all provisions of this Agreement, do not mark “Accept”. You will not be able to download the file.
This Ampleon Software License Agreement (“Agreement”) is a legally binding agreement between you (either as an individual or as an authorized representative of your employer) and Ampleon Netherlands B.V. (“Ampleon”) about your rights to download and use the files and accompanying materials (“Software”). Ampleon is only willing to give you access to the Software if you accept the provisions in this Agreement.
Copyright and License
This Software is copyrighted. Ampleon is the owner of the Software. The Software is protected by Dutch copyright laws and international conventions. You must therefore handle the Software like any other copyrighted material. You may not use or copy the Software for any purpose other than that described in this Agreement. Ampleon does not grant you any express or implied patents, copyrights, trademarks, or trade secrets of Ampleon or any third party. In addition, you must reproduce and apply any copyright or other proprietary rights notices contained in or embedded in the Software to any copies or derivative works made in whole or in part thereof.
The Software is licensed to you, not to sold or otherwise transferred. The Software remains the property of Ampleon.
Ampleon grants you a royalty-free, non-exclusive, non-transferable, non-sublicensable, non-assignable right to use and reproduce the Software in accordance with the provisions of this Agreement. The Software is provided to you only in object form and you may only exercise the rights above only with respect to such object form. You may not translate, reverse engineer, decompile, or disassemble the Software except to the extent applicable law specifically prohibits such restriction.
Ampleon disclaims, to the maximum extent permitted by law, any warranty for the Software. Ampleon provides the Software “as is”, without warranty of any kind, either express or implied, including, without limitation any implied warranty of fitness for a particular purpose, merchantability, or non-infringement. Your use of the Software is at your sole risk. You assume the entire risk arising out of the use or performance of the Software, or any systems company design using the Software. Ampleon does not warrant proper operation and/or fitness for any intended purpose.
Nothing in the provisions of this Agreement may be construed as a warranty or representation by Ampleon that the Software or any derivative work developed with or incorporating the Software will be free from infringement of the intellectual property rights of third parties.
Limitation and Exclusion of Liability
To the maximum extent permitted by law and unless otherwise stipulated by mandatory law, Ampleon excludes any and all liability for the Software. In no event Ampleon will be liable, whether in contract, tort, or otherwise, for any indirect, special, incidental, consequential or punitive damages, including, but not limited to, damages for any loss of use or data, loss of time, inconvenience, commercial loss, or lost profits, savings, or revenues to the full extent such may be disclaimed by law.
You agree to indemnify, fully defend and hold Ampleon, its officers, directors, employees, agents and third parties, from any and all claims, liabilities, costs, and attorney’s fees related to (i) your use of Software (ii) your violation of the provisions of this Agreement.
Compliance with laws, Export Control
You must use the Software in accordance with all applicable laws and regulations. You agree that you do not intend to or will, directly or indirectly, export or transmit the Software to any county in violation of export restrictions.
Feedback and Support
Ampleon shared the Software without any further obligation to support it and/or its use. Ampleon is not obligated to provide any support, upgrades or new releases of the Software. You may contact Ampleon to report problems and make suggestions regarding the Software. Ampleon has no obligation to respond in any way to any such problem report or suggestion. Ampleon may make changes to the Software at any time, without any obligation to notify or provide you with updated versions of the Software.
No High-Risk Activities
You acknowledge that the Software is not fault tolerant and is not designed, manufactured or intended by Ampleon for incorporation into products intended for use or resale in on-line control equipment in hazardous, dangerous to life or potentially life-threatening environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapons systems, in which the failure of products could lead directly to death, personal injury or severe physical or environmental damage (“High Risk Activities”).
Term and Termination
This Agreement will become effective upon you accept via the bottom “I agree” this Agreement and shall remain in effect for an unlimited term, until terminated by you or Ampleon.
If you fail to abide by any of the terms this Agreement set forth herein your license to use the Software shall be immediately expire, without any notice or other action by Ampleon. This means, stop using the Software and delete all copies of the Software in your possession or control. Any copies of the Software you do not destroy will continue to be subject to this Agreement. Your former use will also continue to be subject to this Agreement.
Ampleon may terminate this Agreement with immediate effect by giving written notice to you if you commit a breach of any term of this Agreement. If you violate any of the terms or restrictions of this Agreement, Ampleon may immediately require that you stop using and delete all copies of the Software in your possession or control.
The trademarks, logos and other marks displayed on Ampleon’s website are the property of Ampleon, its licensors and/or other third parties. You are not authorized to use trademarks, brands, names, or logos without the prior written consent of Ampleon or such third party which may own marks.
This Agreement shall be governed by and construed in accordance with Dutch law without regard to any principle of conflicts of law. You agree that any litigation will be subject to the jurisdiction of the competent court in Arnhem, Netherlands (Rechtbank Gelderland, locatie Arnheim).
You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to this Agreement, or the Software must be filed within twelve (12) months after such cause of action arose or be forever barred.
If any provision of this Agreement is invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely approximates the intent of the invalid or unenforceable provision.
This Agreement constitutes the entire agreement between you and Ampleon regarding the subject matter and supersede all prior communications, negotiations, understandings, agreements or representations, either written or oral, if any. This Agreement may only be amended by signing a written agreement.
No failure or delay by Ampleon in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power or privilege hereunder.