End-User License Agreement NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING, COPYING OR USING THE SOFTWARE. THIS END-USER LICENSE AGREEMENT ("ELA") IS A LEGAL AGREEMENT BETWEEN YOU, THE LICENSEE (A SINGLE PERSON, INSTITUTION, OR LEGAL ENTITY), AND STMICROELECTRONICS, N.V., A DUTCH CORPORATION, HAVING ITS PRINCIPAL PLACE OF BUSINESS AT STRAWINSKYLAAN 1725, TOWER B 17TH FLOOR, 1077 XX AMSTERDAM, THE NETHERLANDS, ACTING FOR THE PURPOSE OF THIS ELA THROUGH ITS SWISS BRANCH, ICC BLOC A, ROUTE DE PRÉ-BOIS 20, 1215 GENEVA 15, SWITZERLAND ("ST") FOR THE SOFTWARE YOU RECEIVE WITH THIS LICENSE, ASSOCIATED MEDIA, PRINTED MATERIAL, ELECTRONIC DOCUMENTATION OR ANY PORTION THEREOF (`SOFTWARE"). ST IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS ELA. PLEASE READ THE ELA CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE. "Target System" shall mean a computer system running a specific operating system on which the Software is designed to run and for which portions of the Software and subsequent components in the compilation process are intended to produce an executable image. 1) Ownership The Software distributed and licensed to you as the licensee ("You") hereunder, including, if and when provided, any updates furnished to you for free or for additional fees is proprietary to ST or its licensor (ST and licensors hereafter referred to as "Licensor"). Licensor retains title to and ownership of the Software, including the copy provided herein, and reserves all rights not expressly granted in this Agreement. You assume responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results obtained from the Software. 2) Granting of License 2A) Except as set forth in Sections 3 and 4 below, under the terms and conditions of this ELA You are hereby granted a limited, revocable, nontransferable and nonexclusive license, without the right to sublicense, to use the Software subject to the restrictions and other terms within. That use must be (i) only by You, (ii) only on Target Systems for which the corresponding fee has been paid, (iii) only on the network(s) and only by the number of users for which the corresponding fee has been paid, (iv) only to target no more than the maximum number of CPUs, or the maximum number of processes, for which the corresponding fee has been paid. Any other use of the Software is strictly prohibited. 2B) You may distribute an end-user application ("End-User Application") that you build with the Software, including the run-time libraries ("Run-Time Libraries") included with the Software that are bound into your application by the linker. You may also distribute separate dynamically-linked Run-Time Libraries required during the execution of your End-User Application, provided that your application adds significant and primary functionality to the Run-Time Libraries and You abide by the following restrictions: 1) You do not use the "PGI,", "The Portland Group", "ST," "STMicroelectronics" name, logo, or trademarks in marketing the End-User Application without separate written permission from ST, 2) You include a valid copyright on the End-User Application, 3) You indemnify, hold harmless, and defend ST and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of the End-User Application, and 4) You restrict the further distribution of the Run-Time Libraries by the user of the End-User Application. Notwithstanding the above, the only Run-Time Libraries that may be distributed are in the folders or directories named REDIST. 3) Distributable Software from Microsoft Notwithstanding the above language, You acknowledge that as part of the Software you may receive Run-Time Libraries in the form of Microsoft Foundation Classes (MFCs), Active Template Libraries (ATLs), and/or "C" Runtime files (CRTs) in binary form only ("Microsoft Distributable Code"). You acknowledge that you have the right to that Microsoft Distributable Code to design, develop or test for use with the Software only. You acknowledge that any use by You or your end-users of the Microsoft Distributable Code is only to create programs that run natively on Microsoft Platforms. Additionally, you agree to the following restrictions: You and your end-users: 1) will not alter any copyright, trademark, patent, or other legal notice or disclaimer in the Microsoft Distributable Code, 2) will not run the Microsoft Distributable Code on a platform other than a Microsoft Platform, and 3) will not include Microsoft Distributable Code in malicious, deceptive or unlawful programs. Further, You will require end users of the Microsoft Distributable Code to agree to terms that protect it at least as much as this End User License Agreement. 4) Software from Sun Microsystems You acknowledge that as part of the Software you are getting access to Java(TM) 2 Runtime Environment (J2RE) standard edition, version 1.4.2_X or subsequent versions of Sun Microsystems, Inc (the "SUN Code"). Under the terms and conditions of this ELA You are hereby granted a limited, revocable, nontransferable and nonexclusive license, without the right to sublicense, to use the SUN Code complete and unmodified for the sole purpose of running Programs (i.e., mean Java applets and applications intended to run on the Java 2 Platform, Standard Edition (J2SETM platform) platform on Java-enabled general purpose desktop computers and servers.) 5) Restrictions You may make one (1) copy of the Software in machine-readable form, solely for archival or backup purposes, provided the copyright notice and other proprietary legends on the Software are included on any archival/backup copies made. You may not modify, adapt, translate, reverse engineer, de-compile, disassemble, or create derivative works in whole or in part based on the Software. You may not rent, lease, loan, or electronically transfer the Software to others or from one computer to another over a network. The term "proprietary" as used in this agreement does not establish a confidential relationship between the Licensor and You. You will respect all intellectual property rights, copyrights, and patents that the Licensor has in the software. You agree that usage of the Software by You will not violate ST or its licensor's proprietary rights. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by ST and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that the Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. ST and its licensors disclaim any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of ST or its licensors is granted under this Agreement. You will not modify or distribute any distributable code so that any part of it becomes subject to an Excluded License. An "Excluded License" is one that requires, as a condition of use, modification, or distribution, that (a) the Code be disclosed or distributed in source code form; or (b) others have a right to modify it. IF YOU OTHERWISE TRANSFER POSSESSION OF ANY COPY, MODIFICATION OR MERGED PORTION OF THE PROGRAM TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED. 6) Limited Warranty. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ST AND ITS LICENSORS AND SUPPLIERS FURTHER DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL ST OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS ELA OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ST OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT ST MAY BE HELD LEGALLY LIABLE TO YOU BY A COURT OF COMPETENT JURISDICTION UNDER CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, THE MAXIMUM LIABILITY OF ST SHALL NOT EXCEED THE APPLICABLE PURCHASE PRICE OF THE SOFTWARE OR $1000, WHICHEVER IS GREATER. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 7) Software Export. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you. 8) Software Manuals The manuals provided with the Software is copyrighted and may not be copied, photographed, reproduced, translated or reduced to any electronic medium or machine-readable form in whole or in part. 9) Government Use. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and is provided to the U.S. Government only as a commercial end item. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government licensees and end users acquire the Software with only those rights set forth herein. 10) Termination. The license is effective until terminated. You may terminate it at any time by returning and/or destroying the Software together with all copies. This license will also terminate immediately without notice from Licensor if You fail to comply with any provision of this Agreement. Either You or ST may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software. 11) Controlling Law and Complete Agreement. This Agreement shall be construed and interpreted under the laws of the state of Texas and the United States, not including the conflict of laws principles. If any provision of this Agreement, or portion thereof, is found to be unenforceable, that provision shall be enforced to the maximum extent possible and the remainder of this Agreement shall continue in full force and effect. This is the entire agreement between You and Licensor with respect to the Software and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter and may only be modified in writing executed by the parties. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND ST THAT SUPERSEDE ANY PRIOR AGREEMENT, ORAL OR WRITTEN, ANY PROPOSAL AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND ST RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. Address: The Portland Group, Inc. STMicroelectronics, Inc. Two Centerpointe Drive, Suite 320 Lake Oswego, OR 97035 U.S.A.