NOTICE: THIS BYVAC SOFTWARE PRODUCT (TOGETHER WITH ITS ACCOMPANYING DOCUMENTATION, THE "PRODUCT") IS THE PROPERTY OF BYVAC. THE PRODUCT IS MADE AVAILABLE TO YOU, THE ORIGINAL PURCHASER, SUBJECT TO THE FOLLOWING LICENSE AGREEMENT ("LICENSE"). PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE PRODUCT. ByVac is only willing to grant you this License if you obtained the Product from ByVac or a ByVac authorised reseller. The product must only be used in a board supplied by ByVac or an authorised reseller. 1. Ownership. The Product is proprietary to ByVac. The Product is licensed, not sold, to you notwithstanding any reference herein to "purchases." You acknowledge and agree that: (a) the Product is protected under copyright and other laws; (b) ByVac and its licensors retain all copyrights and other intellectual property rights in the Product; (c) there are no implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by ByVac; (d) you acquire no ownership or other interest (other than your license rights) in or to the Product; and (e) ByVac owns all copies of the Product, however made. You agree that you will not, at any time, contest anywhere in the world ByVac's ownership of the Product, nor will you challenge the validity of ByVac's rights in the Product. You have no rights hereunder to use any trademark or service mark belonging to ByVac. 2. GRANT OF LICENSE AND SCOPE OF USE. 2.1 Grant of License. Subject to the terms and conditions of this License, ByVac grants to you, if you are an individual, or, if you are an entity, one (1) designated person in your organization ("Named User") a personal, nonexclusive, nontransferable and limited license to use the Product solely to create, compile, test and deploy, in source or object code form, your own application programs and other works. You may distribute your works to others as a commercial product or part of another system provided the software is running in a ByVac hardware productl. 2.2 Licensed Copies for hardware other than ByVac. You may purchase from ByVac or its authorised reseller additional licenses to permit multiple Named Users to use the Product (each, a "Named User License"). Such rights will be effective only when granted in writing by ByVac or its authorised reseller and are conditioned upon your payment of the applicable fees. 2.3 Certain Restrictions. Regardless of any modifications that you make and regardless of how you might compile or package your Works: (a) you may not permit your End Users to modify or further distribute or use the firmware provided under this licence. 3.1 Other Rights. Contact ByVac for the applicable royalties due and other licensing terms for all other uses or distribution. 4.1 additional licence terms applicable to upgrading. If you have purchased an upgrade version of the Product, it constitutes a single product with the copy of the Product that you upgraded. This means that, although you may have two sets of Product media, you still have only one license. Therefore, you may not transfer the original copy of the Product to any other party. 5. Limitations. You may not: (a) modify, adapt, alter, translate, or create derivative works of the Product or merge the Product with other software other than as described in the Product's accompanying documentation or as approved of in writing by ByVac; (b) lease, rent or loan the Product to any third party; (c) sublicense, distribute or otherwise transfer the Product or any component thereof to any third party except as expressly authorised in this Agreement; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Product; (e) remove, alter, or obscure any confidentiality or proprietary notices (including copyright and trademark notices) of ByVac or its suppliers on the Product. (f) reproduce or use the Product except as expressly authorised under Sections 2, 3 or 4. 6. THE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. BYVAC HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS OBTAINED USING THE PRODUCT. TO THE EXTENT THAT BYVAC MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. 7. SERVICES; UPDATES; PRODUCT CHANGES. ByVac is not required under this License to provide any installation, training or other services to you. Such services, if available, must be purchased separately. If, pursuant to a separate support agreement or otherwise, ByVac provides you with a new release, error correction, update, upgrade or other modification to the Product, such modification will be deemed part of the Product, and subject to the terms of this License, unless the modification is expressly provided subject to a separate license agreement. ByVac reserves the right at any time not to release or to discontinue release of any Product and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of any future releases of the Product. 8. LIMITATION OF LIABILITY. IN NO EVENT WILL BYVAC BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR DATA, ARISING FROM OR RELATING TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF BYVAC KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BYVAC'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS LICENSE. THIS SECTION 8 WILL APPLY EVEN IF AN EXCLUSIVE REMEDY HEREUNDER HAS FAILED OF ITS ESSENTIAL PURPOSE. 9. TERM AND TERMINATION. 9.1 Term. The term of this License will begin as of the date that you receive the Product and will remain in effect perpetually unless terminated under this Section 12. 9.2 Termination for Convenience. You may terminate this License for any reason, or for no reason, by giving ByVac six (6) days' written notice. 9.3 Termination for Cause. ByVac may terminate this License if you breach your obligations hereunder. ByVac will effect such termination by giving you notice of termination, specifying therein the alleged breach. If your breach is curable, you will have a grace period of thirty five (35) days after such notice is served to cure the breach described therein. If the breach is cured within the thirty five (35) day grace period, then this License will remain in effect; otherwise, this License will automatically terminate upon the conclusion of the thirty five (35) day grace period. 10.1 Hazardous Uses. The Product is not intended for use, and you may not use or allow others to use the Product, in connection with any application requiring fail-safe performance such as the operation of nuclear power facilities, air traffic control or navigation systems, weapons control systems, life support systems, or any other system whose failure could lead to injury, death, environmental damage or mass destruction. You agree that ByVac will have no liability of any nature, and you are solely responsible, for any expense, loss, injury or damage incurred as a result of such use of the Product. 11.1 Assignment. You may not transfer the Software media, assign this License or assign any of your rights or delegate any of your obligations under this License, by operation of law or otherwise (including by merger, sale of assets or consolidation), without ByVac's prior written consent. Any attempted assignment in violation of this Section 13.5 will be void. ByVac PO BOX 4049 Penistone SHEFFIELD S36 6WP