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Winbond Product User License Agreement

You (hereinafter referred as “You”) acknowledge that You have read, and agree to be bound by, the following terms and conditions and agree to comply with all applicable laws and regulations when You use the document or device models (hereinafter referred as “Document”) and/or software, including algorithm (hereinafter referred as “Software”) downloaded from the WINBOND website or provided to You by WINBOND
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT DOWNLOAD OR USE THE DOCUMENT OR SOFTWARE
WINBOND ELECTRONICS CORPORATION (“WINBOND”) reserves the right to revise the terms and conditions, and terminate or restrict Your access to WINBOND website at any time without notice

Subject to the terms and condition under this Agreement, WINBOND hereby grants You a non-exclusive, non-transferable license without the right to sub-license under WINBOND or its licensors’ copyright to use, modify, reproduce or distribute Software solely for use with WINBOND Products defined below

WINBDOND is not obligated to provide technical support to You for the implementation of the Document and/or Software, including but not limited to providing updated information, software, bug or error fixes

You shall not export, re-export or import the Document and/or Software to any country, person(s) or organization prohibited from obtaining such data or technology according to any national export regulation, (e
g
, U
S
Department of Commerce Export Administration Regulations), without first obtaining all valid export licenses and authorizations

You acknowledge that WINBOND owns all right, title, and interest in and to the Document and Software, and all copyrights, patents, trademarks, service marks, trade secrets, and other intellectual property rights relating thereto
Except as otherwise expressly provided in this Agreement, You shall not reverse engineer, disassemble, decompile, reproduce, adapt, modify, summarize, export and/or distribute any part of Document and/or Software, and shall not use the Document and Software other than the license granted under this Agreement

You acknowledge and understand that WINBOND Document, Software or semiconductor (hereinafter collectively referred as “WINBOND Products”) are not designed, intended, authorized or warranted for use as components in systems or equipment intended for surgical implantation, atomic energy control instruments, airplane or spaceship instruments, transportation instruments, traffic signal instruments, combustion control instruments, or for other applications intended to support or sustain life
Furthermore, WINBOND Products are not intended for applications wherein failure of WINBOND Products could result or lead to a situation wherein personal injury, death or severe property or environmental damage could occur
If You use or sell these WINBOND Products for use in such applications, You shall assume Your own risk and shall fully indemnify WINBOND for any damages resulting from such improper use or sales

You shall maintain the Document and Software in strict confidence and use the standard degree of care as you would use for safeguarding your own confidential information of like importance, but no less than a reasonable care
You shall not disclose any or all part of Document and/or Software regardless of any form to any third party except for the persons in Your organization or company who have a need to know the Document and/or Software for performance of the purpose provided under this Agreement and who shall be bound to confidentiality stipulated hereunder (“Authorized Representative”)
If the Authorized Representative fails to comply with any obligations stipulated hereunder, it shall be deemed as breach by You
You shall not use the Document and/or Software in any way that would cause damage against WINBOND

This Agreement will be effective as of the date, whichever is earlier, (1) You download the Document and/or Software on WINBOND website or (2) You receive the Document and/or Software from WINBOND, and continue until terminated by You or WIBOND
WINBOND has the right to terminate this Agreement without prior notice if You fails to comply with any provision of this Agreement

THE EFFECT OF TERMINATION

If this Agreement is terminated, You shall cease using any Document and/or Software immediately and shall destroy or remove the Document and/or Software and any copies thereof