PI Expert License Terms
POWER INTEGRATIONS, INC.
PI EXPERT SUITE SOFTWARE LICENSE AGREEMENT
Power Integrations, Inc. ("Power Integrations") provides the PI Expert(tm) Suite Software (the "Software") on a CD-ROM, via download from a Power Integrations website or FTP site, or as a web service to facilitate the design of power supplies incorporating user inputs.
This License Agreement ("Agreement") is entered into by and between Power Integrations and the party using, installing, or causing the installation of the Software ("User").
PLEASE READ THIS AGREEMENT CAREFULLY.
BY USING OR INSTALLING THE SOFTWARE, THE USER ACCEPTS AND AGREES TO BE BOUND TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT WITHOUT LIMITATION OR QUALIFICATION.
1. Software. Power Integrations grants to the User a revocable, non-exclusive, non-transferable, worldwide, paid-up, royalty free limited right and license to install and/or use the Software solely for the User's own internal purposes in accordance with the terms and conditions of this software license agreement and not for further distribution. Such license does not include the right to sublicense, nor to make derivative works of, the Software.
2. Safety Requirements. ALTHOUGH THE DESIGN OF THE SOFTWARE CONSIDERED SAFETY GUIDELINES, IT IS THE USER'S RESPONSIBILITY TO ENSURE THAT THE USER'S POWER SUPPLY DESIGN MEETS ALL APPLICABLE SAFETY REQUIREMENTS OF USER'S PRODUCTS.
3. No Warranty. THE SOFTWARE IS PROVIDED BY POWER INTEGRATIONS "AS IS" AND "WITH ALL FAULTS." THE USER ACKNOWLEDGES THAT POWER INTEGRATIONS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE SOFTWARE INCLUDING, WITHOUT LIMITATION: ANY WARRANTY OF TITLE; THAT THE PERFORMANCE, QUALITY, SAFETY OR SUITABILITY OF THE SOFTWARE OR THE PERFORMANCE, MANUFACTURABILITY, COMPLIANCE WITH SAFETY REGULATIONS OR RELIABILITY OF THE DESIGN OF ANY POWER SUPPLY MADE USING THE SOFTWARE WILL MEET THE USER'S REQUIREMENTS; OR THAT USE OF THE SOFTWARE WILL BE ERROR FREE. POWER INTEGRATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WHEN THE SOFTWARE IS USED AS A WEB SERVICE, POWER INTEGRATIONS DOES NOT WARRANTY THE STORAGE OF USER DESIGN OR OTHER DATA.
4. Liability. WHEN PERMITTED BY LAW, POWER INTEGRATIONS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM INSTALLATION AND/OR USE OF THE SOFTWARE.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF POWER INTEGRATIONS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT USER PAID US TO USE THE SOFTWARE (OR, IF POWER INTEGRATIONS CHOOSEs, TO SUPPLYING THE SOFTWARE AGAIN).
IN ALL CASES, POWER INTEGRATIONS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE, INCLUDING ANY LOSS OF USER DESIGN OR OTHER DATA.
5. Compatibility. Power Integrations does not warrant that the software will be compatible or interoperable with user's computing device or other piece of hardware, software, equipment or device installed on or used in connection with user's computing device. Furthermore, user acknowledges that compatibility and interoperability problems can cause the performance of computing devices to diminish or fail completely, and may result in permanent damage to computing devices, loss of the data, and corruption of the software and files. User acknowledges and agrees that Power Integrations will not be liable to user for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
6. Export Control Laws. The Software is subject to United States export control laws and may be subject to export or import regulations in other countries. The User is responsible for strict compliance with such laws and regulations in connection with any Software that the User installs and for obtaining any licenses or permits required to export, re-export or import such Software. The User agrees to furnish satisfactory proof of such licenses or permits to Power Integrations upon request by Power Integrations.
7. Modifications. Power Integrations reserves the right to modify, or discontinue the availability of, the Software, with or without notice. Power Integrations shall not be liable to the User or any third party should Power Integrations exercise its right to modify or discontinue the availability of the Software. Power Integrations shall have no obligation to provide Users with any updates, upgrades, bug fixes and/or future versions of the Software.
When the Software is used as a web service
When the Software is used as a web service, users upload or otherwise submit content to the software. In doing so, users give Power Integrations (and those Power Integrations works with) a worldwide license to use, host, store, reproduce, modify, create derivative works, including the right to modify the software and communicate, publish, publicly perform, publicly display and distribute such content and/or modified software. This license continues even if the user discontinues use of the software. Users warrant that they are entitled to grant Power Integrations these rights for all submitted content.
Power Integrations permits users of the Web Service to input certain personally identifiable information ("User Information"). Power Integrations uses the User Information to provide services requested by the user (the "Services") and to send users information regarding Power Integrations and its products.
Power Integrations may collect certain information about users of the web service, including users' Internet addresses. This information is logged to help diagnose problems with our servers. Power Integrations may also track and analyze usage and volume statistical information from our users, and provide such information to Power Integrations' affiliates to comply with various reporting obligations and for business or marketing purposes. Power Integrations does not sell or rent user information to third parties.
When the Software is installed on a user's computing device
When the Software is used installed on a user's computing device, the Software may collect certain pieces of aggregated non-personal information (information recorded about users and collected into groups so that it no longer reflects or references any individually identifiable user), such as the number of users who used a particular feature of the Software, for example, but no personally identifiable information is included in these types of statistics. Power Integrations does not sell or rent aggregated non-personal information to third parties, but Power Integrations generally uses aggregated non-personal information to measure certain usage patterns in the aggregate to determine User interest, to understand how Users' habits are similar to or different from one another so that Power Integrations can make each new experience with the Software better, and to better personalize content. This information helps Power Integrations to determine which services are of most value to customers and makes it possible for Power Integrations to offer and provide highly customized services and to improve the quality of the Software. Power Integrations' primary goal in collecting user information is to enhance Users' experience of the Software.
9. Term; Termination. This Agreement shall be effective as of the date the Software is installed and/or used, and shall remain in effect until terminated as set forth herein. This Agreement or any license granted herein may be terminated by Power Integrations if the User breaches any term or condition of this Agreement, or operates the Software in a manner not licensed herein. If this Agreement or any license granted under it is terminated, the User shall cease using the Software.
10. Assignment. User may not assign this Agreement without the express prior written consent of Power Integrations. Any attempted assignment in violation of this provision shall be null and void. This Agreement shall inure to the benefit of Power Integrations, its successors, assigns and any party to whom Power Integrations transfers ownership of the Software, and may be enforced by any of the foregoing parties.
11. Proprietary Rights. The User acknowledges and agrees that the Software is the property of Power Integrations and understands that the Software may be protected by copyrights, trademarks, service marks, patents, trade secrets and/or other rights protecting proprietary information. The User shall not, and shall not permit anyone else to, copy, sell, transfer, sublicense, publish or otherwise distribute or dispose of, or modify, make derivative works of, decode, reverse engineer, decompile, or disassemble, the Software, in whole or in part. Power Integrations remains the owner of the Software. User shall not modify the Software or remove, delete or otherwise alter or obscure any trademarks or notices in the Software.
12. Limitation of Power Integrations' Liability. IN NO EVENT WILL POWER INTEGRATIONS BE LIABLE TO ANY USER OF THE SOFTWARE, OR OF ANY PRODUCT MADE USING THE SOFTWARE, FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE SOFTWARE OR SUCH PRODUCT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR LOSS OF OTHER INTANGIBLES, OR INJURY OR LOSS OF LIFE, WHETHER OR NOT POWER INTEGRATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOREOVER, BY USING THE SOFTWARE, THE USER AGREES THAT THE USER WILL NOT BRING SUIT AGAINST POWER INTEGRATIONS, OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS, IN CONNECTION WITH SUCH USE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THIS AGREEMENT, AND EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF POWER INTEGRATIONS FOR DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
13. Survival. Sections 2 ("Safety Requirements"), 3 ("No Warranty"), 4 ("Export Control Laws"), 9 ("Proprietary Rights"), 10 ("Limitation of Power Integrations' Liability"), 11 ("Survival"), and 12 ("Governing Law") shall survive the expiration or termination of this Agreement.
14. Governing Law. The Agreement shall be governed by California law, excluding its conflict and choice of law principles. The User agrees to submit to the exclusive jurisdiction of the Superior Court of Santa Clara County in the State of California, and/or the United States District Court for the Northern District of California, for the resolution of all disputes arising hereunder.
15. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
16. No Waiver. The failure of Power Integrations to enforce any right or provision in the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Power Integrations in writing.
17. Entire Agreement. This Agreement comprises the entire Agreement between the User and Power Integrations, and supersedes all prior or contemporaneous Agreements between the parties regarding the subject matter contained herein.