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Programming series or is labeled as a Learning
Edition, Demo Version, Evaluation Edition or Lite
version, you may not use the Software to develop any
product for distribution, whether commercial,
freeware, or shareware. No press releases or any other
public announcements regarding this Software shall
be made without the written consent of Metrowerks.
3. Ownership. The Software and documentation are
licensed, not sold, to you for use only under the terms
of this License, and Metrowerks and its Licensors
reserve all rights not expressly granted to you in this
License. You own the media on which the Software
and documentation are recorded but Metrowerks and/
or Metrowerks' licensors retain title to the Software
and related documentation, and all intellectual
property rights therein. Third Party Products which
may accompany the Software may also be subject to
their own licensing terms.
4. Termination. This License is effective until
terminated. You may terminate this License at any
time by destroying all copies of the Software and
related documentation in your possession or control.
This License will terminate immediately without
notice from Metrowerks if you fail to comply with
any provision of this License. Upon termination you
must destroy all copies of the Software and related
documentation in your possession or control.
5. Export Law Assurances. You agree and certify that
neither the Software nor any other technical data
received from Metrowerks, nor the direct product
thereof, will be exported outside the United States
except as authorized and as permitted by the laws and
regulations of the United States. If the Software has
been rightfully obtained by you outside of the United
States, you agree that you will not re-export the
Software nor any other technical data received from
Metrowerks, nor the direct product thereof, except as
permitted by the laws and regulations of the United
States and the laws and regulations of the jurisdiction
in which you obtained the Software.
6. Government End Users. If you are acquiring the
Software and fonts on behalf of any unit or agency of
the United States Government, the following
provisions apply. The Licensed Software constitutes a
"commercial item", as that term is defined at Federal
Acquisition Regulation (FAR) 2.101 (MAY 2001),
consisting of "commercial computer software" and
"commercial computer software documentation", as
such terms are used in FAR 12.212 (SEP 1995), and
is provided to the U.S. Government only as
commercial software (with "Restricted Rights". if
applicable). Use, duplication, or disclosure by the
U.S. Government is subject to restrictions set forth in
this license agreement and as provided in DFARS
227.7202-1(a) and (c) (JUN 1995), DFARS
227.7202-3(a) (JUN 1995), FAR 12.212 (a) (SEP
1995), FAR 52.227-19 (JUN 1987), or FAR 52.227-
14 (ALT III) (JUN 1987), as applicable.
7. Limited Warranty on Media. Metrowerks warrants
the media on which the Software is recorded to be free
from defects in materials and workmanship under
normal use for a period of ninety (90) days from the
date of purchase as evidenced by a copy of the receipt.
Metrowerks' entire liability and your exclusive
remedy will be replacement of the media not meeting
Metrowerks limited warranty returned to Metrowerks
with a copy of the receipt. Metrowerks will have no
responsibility to replace any media damaged by
accident, abuse or misapplication. ANY IMPLIED
WARRANTIES ON THE MEDIA, INCLUDING
THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE
DATE OF DELIVERY. THIS WARRANTY GIVES
YOU SPECIFIC LEAGAL RIGHTS, AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH
VARY BY JURISDICTION.
8. Disclaimer of Warranty. THE SOFTWARE,
RELATED DOCUMENTATION, THIRD PARTY
PRODUCTS IF ANY, AND ANY APPLICATIONS
CREATED WITH THE SOFTWARE ARE
PROVIDED "AS IS" AND WITHOUT
WARRANTY OF ANY KIND. YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT USE OF
THE SOFTWARE AND RELATED
DOCUMENTATION IS AT YOUR SOLE RISK.
SHOULD THE SOFTWARE OR RELATED
DOCUMENTATION PROVE DEFECTIVE, YOU
(AND NOT METROWERKS OR ANY
METROWERKS REPRESENTATIVE) ASSUME
THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.
METROWERKS AND METROWERKS'
LICENSORS (FOR THE PURPOSES OF THIS
SECTON 9. METROWERKS AND
METROWERKS' LICENSORS SHALL BE
COLLECTIVELY REFERRED TO AS
"METROWERKS") EXPRESSLY DISCLAIM ALL
OTHER WARRANTIES WITH RESPECT TO THE
SOFTWARE AND RELATED
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