DC DC Designer Terms of Service
READ THE TERMS AND CONDITIONS OF THIS USER AGREEMENT CAREFULLY BEFORE INSTALLING AND/OR USING THE SOFTWARE. BY INSTALLING AND/OR USING THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS USER AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS USER AGREEMENT, YOU SHOULD STOP INSTALLING AND/OR USING THE SOFTWARE. THIS USER AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU AND MONOLITHIC POWER SYSTEMS, INC. ("MPS").
1. SCOPE OF USE. This is a legal agreement between You, the user, and MPS. MPS provides You use of this Software and MPS does not grant any permission for the performance or results obtained by You in using this Software to be shared with or sold to others via any copy, duplication, or distribution method such as, but not limited to, printing, photocopying, emailing, or mailing. Your use of the Software may not exceed the scope of the use provisions set forth hereof without the express written agreement between You and MPS.
2. COPYRIGHT. The Software contains trade secret and proprietary information owned by MPS or its third party licensors and is protected by United States copyright laws, international trade provisions and any other Intellectual Property laws. You must treat the Software like any other copyrighted materials and, You may not disclose, copy, transfer or transmit the Software or the performance or results obtained by You in using this Software, electronically or otherwise, for any purpose. All permitted copies of the Software and the performance or results obtained by You in using this Software must include MPS¡¯s copyright and other proprietary notices.
3. OTHER USE RESTRICTIONS. You agree that the Software and the performance or results obtained by You in using this Software are proprietary products and that all right, title and interest in and to the Software and the performance or results obtained by You in using this Software, including all associated intellectual property Rights (including but not limited to patent, copyright, and trade secrets), and shall at all times remain with MPS and its third party licensors. You may not sublicense, assign, transfer, sell, rent, lend or lease the Software or the performance or results obtained by You in using this Software, or any portions thereof, and any attempt to do so is null and void. You may not reverse engineer, disassemble, decompile or make any attempt to ascertain, derive or obtain the source code for the Software.
4. NO WARRANTY. MPS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY YOU IN USING THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE SOFTWARE IS PROVIDED "AS IS" AND MPS EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. LIMITATION ON LIABILITY. IN NO EVENT WILL MPS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, OPPORTUNITIES OR CONTRIBUTIONS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, GOOD WILL, OR OTHER PECUNIARY OR NON-PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. RIGHT TO MODIFY OR UPDATE THIS SOFTWARE. MPS preserves the right to modify or update the software without prior notice to You.
7.1 This User Agreement is effective until terminated. You may terminate this User Agreement at any time by returning all copies of the Software to MPS or destroying or erasing all copies of the Software and anything obtained by You in using this Software. It will also terminate at our option upon your failure to comply with any term and condition hereof. Termination of this Agreement under this Section shall be in addition to, and not a waiver of, any remedy at law or in equity available to either party arising from the other party breach of this Agreement.
7.2 Termination of this Agreement for any reason shall not affect (1) the obligations accruing prior to the effective date of termination; and (2) the non disclosure obligations in Section 1 and Section 2,3,4,5,7 and 8 in this Agreement, all of which shall survive any termination or expiration of this Agreement.
8.1 Entire Agreement. This User Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and all other agreements, representations, communications and understandings, both oral and written, are superceded hereby.
8.2 Severability and Waiver. If any court of competent jurisdiction declares any term of this User Agreement void or unenforceable, that declaration shall have no effect on the remaining terms hereof. The failure by either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach of this Agreement will not be deemed a waiver by that party as to the subsequent enforcement of rights or subsequent actions in the event of future breaches.
8.3 Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflict of laws provisions thereof. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. Venue for all disputes arising out of or relating to this Agreement shall lie exclusively with the state and federal courts sitting in Santa Clara County, California, and Licensee hereby consents and waives any objection to the jurisdiction of such courts for such disputes.
9. DC/DC Designer is for estimating DC/DC product typical performance which need further bench verification. For detailed information, please reference the device datasheet and/or application notes.