This document contains the following licenses: 1. National Instruments Software License Agreement (Linux Driver Software) 2. IVI Foundation License Agreement ______________________________________________________________________________ 1. National Instruments Software License Agreement NATIONAL INSTRUMENTS SOFTWARE LICENSE AGREEMENT (LINUX DRIVER SOFTWARE) INSTALLATION NOTICE: THIS IS A CONTRACT. BEFORE YOU DOWNLOAD THE SOFTWARE AND/OR COMPLETE THE INSTALLATION PROCESS, CAREFULLY READ THIS AGREEMENT. BY DOWNLOADING THE SOFTWARE AND/OR ENTERING 'y' TO COMPLETE THE INSTALLATION PROCESS, YOU CONSENT TO THE TERMS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BECOME A PARTY TO THIS AGREEMENT AND BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, ENTER 'n' OR 'q' TO CANCEL THE INSTALLATION PROCESS, DO NOT INSTALL OR USE THE SOFTWARE, AND RETURN THE SOFTWARE (INCLUDING, IF APPLICABLE, ALL ACCOMPANYING WRITTEN MATERIALS, ALONG WITH THEIR CONTAINERS) WITHIN THIRTY (30) DAYS OF RECEIPT OF THE SOFTWARE TO THE PLACE YOU OBTAINED THEM. ALL RETURNS SHALL BE SUBJECT TO NI'S THEN CURRENT RETURN POLICY. 1. Definitions. As used in this Agreement, the following terms have the following meanings: A. "You." Means you the individual using the SOFTWARE as well as your employer if you are using the SOFTWARE within the scope of your employment. If you are using the SOFTWARE within the scope of your employment, then you represent that you are authorized to bind your employer to this Agreement. B. "NI." Means National Instruments Corporation, a company organized under the laws of the State of Delaware, U.S.A., unless the SOFTWARE is manufactured in the Republic of Ireland, in which event, "NI" shall mean National Instruments Ireland Resources Ltd., a company organized under the laws of the Republic of Ireland. If you are not sure where the SOFTWARE is manufactured, please contact National Instruments Corporation, 11500 N. Mopac Expressway, Austin, Texas, U.S.A. 78759-3504 (Attention: Legal Department). C. "SOFTWARE." Means all files (including, but not limited to, libraries, modules, and programs) provided with this Agreement and which are being installed or otherwise used. SOFTWARE includes all Upgrades that may be provided by NI in its discretion. NI provides certain third party software subject to separate license terms either presented at the time of installation or otherwise provided with the SOFTWARE ("Third Party Software"). Such Third Party Software is not included in the definition of the term "SOFTWARE". D. "Upgrade." Means any supplemental or replacement code for computer software you have previously licensed from NI. 2. Grant of License. In consideration of payment of the applicable fees to NI, NI is willing to provide you with a limited, non-exclusive right to use the SOFTWARE, but only pursuant to the terms and conditions of this Agreement. The SOFTWARE is in "use" when loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, DVD-ROM, network storage device, or other storage device). Floating, concurrent, or shared use is not permitted under this Agreement (i.e., allocating an individual license or one seat of a volume license to non-simultaneous use of the SOFTWARE (in whole or part) on multiple machines). The specific use rights granted you are as follows: You may install and use the SOFTWARE on as many computers in your workplace as you desire; provided, however, that you separately install the SOFTWARE (using the accompanying installer) on each such machine. Notes. The following applies: Source Code Component. One component of the SOFTWARE, the Kernel Abstraction Layer ("KAL"), is provided to you in source code form. All other components of the SOFTWARE are provided to you in object code form. You understand that you must configure and compile the KAL for use under this Agreement. This configuration and compilation process, however, will be completed on your behalf by the installer. 3. Restrictions. You may not: (i) for those components of the SOFTWARE provided in object code form, reverse engineer, decompile, or disassemble the SOFTWARE (except to the extent such foregoing restriction is expressly prohibited by applicable law); (ii) sub-license, lease, lend or rent the SOFTWARE (in whole or part); (iii) (other than as expressly permitted under this Agreement) distribute in whole or part, modify, or create derivatives of the SOFTWARE; or (iv) directly or indirectly, export, re-export, download, transmit, or ship the SOFTWARE in violation of Section 17.C. or otherwise in violation of any applicable laws or regulations, including those of the U.S., the European Union or the jurisdiction in which you use or are downloading the SOFTWARE. Further, all uses of the SOFTWARE shall be in accordance with the applicable documentation that accompanies the SOFTWARE and not in any manner intended to (or that) circumvents such documentation or the intent of this Agreement. Under no circumstance is "floating" or shared use permitted under this Agreement. 4. Transfer. The license rights granted hereunder are non-transferable. You may not distribute or otherwise provide the SOFTWARE to any third party. 5. Upgrades. If the SOFTWARE is an Upgrade, you may only use the SOFTWARE if you have (at the time you receive the Upgrade) a valid license to use the pre-existing SOFTWARE. Further, the license agreement accompanying the Upgrade applies to your use of the Upgrade. While you may continue to use the pre-existing SOFTWARE, you may only use it on the same machine upon which the Upgrade is used and the license that accompanied the pre-existing SOFTWARE will continue to apply to your use of the pre-existing SOFTWARE. 6. Copyright; No Other Licenses. The SOFTWARE, and all copies of the SOFTWARE, are owned by NI or its suppliers and are protected by applicable copyright laws and international treaty provisions. The SOFTWARE, and copies thereof, are licensed only, and are not sold or leased. Therefore, you must treat the SOFTWARE like any other copyrighted material. You may, however, copy the SOFTWARE solely for backup or archival purposes. In no event may you remove or alter any copyright, patent, trademark, or other legal notices or disclaimers that exist in the SOFTWARE. All rights not expressly granted to you in this Agreement are reserved to NI. Further, and without limiting the foregoing, no license or any right of any kind (whether by express license, implied license, the doctrine of exhaustion, or otherwise) is granted under any NI patents (whether identified herein or not) or other intellectual property right of NI with respect to any other product(s) of NI or of any third party, including without limitation, the right to use any of these other products. 7. Patent and Trademark Notice. For patents covering National Instruments products, refer to the appropriate location: Help>>Patents in the SOFTWARE, the patents.txt file on the CD-ROM, DVD-ROM, or ni.com/patents. National Instruments, NI, ni.com, and LabVIEW are trademarks of National Instruments Corporation. Refer to ni.com/trademarks for more information about National Instruments trademarks. Further, all other product and company names mentioned herein are (or may be) trademarks or trade names of their respective companies. 8. Limited Warranty. NI warrants, for your benefit alone, that for a period of ninety (90) days from the date the SOFTWARE is shipped to you (or, if downloaded, from the date the SOFTWARE is first downloaded by you) (i) the SOFTWARE will (when used with the applicable NI hardware) perform substantially in accordance with the accompanying documentation, and (ii) the medium on which the SOFTWARE is recorded will be free from defects in materials and workmanship under normal use and service ("Limited Warranty"). Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Some states/jurisdictions do not allow limitations on duration of an express or implied warranty, so the above or any other limitation provided herein may not apply to you. In such event, such warranties are limited to the minimum warranty period allowed by applicable law. You must obtain a Return Material Authorization number from NI before returning the SOFTWARE under warranty to NI and you agree to pay expenses for shipment to and from NI. The Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, misapplication, improper calibration by you, third party products (i.e., hardware or software) used by you which are not intended by NI for use with the SOFTWARE, utilization of an improper hardware or software key (if applicable), or unauthorized maintenance of the SOFTWARE. 9. Customer Remedies. NI's sole obligation (and your sole remedy) with respect to the foregoing Limited Warranty shall be to, at NI's option, return the fees paid by you to NI, in which case the license granted to you shall terminate without liability on the part of NI by reason of such termination, or repair or replace the SOFTWARE, provided that NI receives written notice of applicable defects during the warranty period. You hereby agree not to bring an action to enforce your remedies under the foregoing Limited Warranty, or for breach of warranty, more than one (1) year after the accrual of such cause of action. 10. No Other Warranties. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO WARRANTIES, EITHER EXPRESS OR IMPLIED ARE MADE WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THERE ARE NO OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO ANY THIRD PARTY SOFTWARE. NI DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT RELATING TO THE SOFTWARE AND THIRD PARTY SOFTWARE. NI DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 11. Intellectual Property Liability. NI shall, at its own expense, defend any claim brought against you by a third party resulting from your use of the SOFTWARE as authorized by your license, to the extent that such claim alleges that the SOFTWARE infringes any patent,copyright, or trademark of such third party protected by the laws of the U.S.A., Canada, Mexico, Japan, Australia, Switzerland, Norway, or the European Union, provided that such claim does not arise from your use of the SOFTWARE in combination with equipment,devices, software or code not made by NI, or from any modification of the SOFTWARE not made by NI, and further provided that you notify NI in writing immediately upon your obtaining notice of such impending claim and that you fully cooperate with NI in preparing a defense. If you provide to NI the authority, assistance, and information NI needs to defend or settle such claim, NI shall pay any final award of damages or settlement with respect to such claim and any expense you incur at NI's written request, but NI shall not be liable for a settlement made without its prior written consent. If the SOFTWARE is held to be infringing of the rights stated above and the use thereof is enjoined NI shall, or if NI believes the SOFTWARE may be held to infringe a third party's intellectual property rights, NI may, at its option, either (i) procure for you the right to use the SOFTWARE, (ii) replace or modify the SOFTWARE with other software which does not infringe, or (iii) require that you destroy all copies of the SOFTWARE and upon such destruction NI shall refund to you the license fee payment(s) made by you to NI for the SOFTWARE. NI'S LIABILITY UNDER THIS SECTION 11, (INCLUDING BUT NOT LIMITED TO THAT OF ITS LICENSORS AND SUPPLIERS AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, AND REGARDLESS OF THE REASON FOR SUCH LIABILITY) SHALL IN NO EVENT EXCEED IN THE AGGREGATE $50,000 (U.S.), AND IN NO EVENT SHALL NI BE OBLIGATED UNDER THIS SECTION 11 TO INCUR OR PAY, IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE AMOUNT SET FORTH IN THIS SENTENCE. The foregoing states your sole remedy for, and NI's entire liability and responsibility for, infringement of any patent, trademark, copyright, or other intellectual or industrial property right relating to the SOFTWARE. THIS LIMITED INDEMNITY IS IN LIEU OF ANY OTHER STATUTORY OR IMPLIED WARRANTY AGAINST INFRINGEMENT. THE FOREGOING OBLIGATIONS SHALL NOT APPLY TO ANY THIRD PARTY SOFTWARE, OR TO ANY THIRD PARTY PRODUCTS INCORPORATED IN OR OTHERWISE PROVIDED WITH THE SOFTWARE, AND YOU AGREE TO LOOK TO THE APPLICABLE THIRD PARTY MANUFACTURER WITH RESPECT TO ANY CLAIMS FOR INFRINGEMENT INVOLVING THIRD PARTY SOFTWARE OR THIRD PARTY PRODUCTS. 12. Limitation On Liability. The entire liability of NI and its licensors, distributors, and suppliers (including its and their directors, officers, employees, and agents) is set forth above. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NI AND ITS LICENSORS, DISTRIBUTORS, AND SUPPLIERS (INCLUDING ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND; ANY EXPENSES, LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, OR LOST BUSINESS INFORMATION; OR ANY OTHER DAMAGES, EXCEPT DIRECT DAMAGES NOT EXCEEDING IN THE AGGREGATE THE LICENSE FEE PAID FOR THE SOFTWARE PRODUCT INVOLVED; ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THIRD PARTY SOFTWARE, ANY TECHNICAL SUPPORT SERVICES RELATING TO THE SOFTWARE OR ANY THIRD PARTY SOFTWARE, OR RELATED HARDWARE, EVEN IF NI OR ITS LICENSORS, DISTRIBUTORS, AND SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND REGARDLESS OF WHETHER CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE OF NI OR OTHERS. You acknowledge that the applicable fees and prices reflect this allocation of risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable because the SOFTWARE, the Third Party Software, the services, or the hardware is determined by a court of competent jurisdiction in a final, non-appealable judgment to be defective and to have directly caused bodily injury, death, or property damage, in no event shall the aggregate liability of NI, its licensors, distributors, and suppliers for property damage exceed the greater of $50,000 (U.S.) or the license paid for the SOFTWARE. 13. Warning. (1) NI PRODUCTS ARE NOT DESIGNED WITH COMPONENTS AND TESTING FOR A LEVEL OF RELIABILITY SUITABLE FOR USE IN OR IN CONNECTION WITH SURGICAL IMPLANTS OR AS CRITICAL COMPONENTS IN ANY LIFE SUPPORT SYSTEMS WHOSE FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO CAUSE SIGNIFICANT INJURY TO A HUMAN. (2) IN ANY APPLICATION, INCLUDING THE ABOVE, RELIABILITY OF OPERATION OF THE SOFTWARE PRODUCTS CAN BE IMPAIRED BY ADVERSE FACTORS, INCLUDING BUT NOT LIMITED TO FLUCTUATIONS IN ELECTRICAL POWER SUPPLY, COMPUTER HARDWARE MALFUNCTIONS, COMPUTER OPERATING SYSTEM SOFTWARE FITNESS, FITNESS OF COMPILERS AND DEVELOPMENT SOFTWARE USED TO DEVELOP AN APPLICATION, INSTALLATION ERRORS, SOFTWARE AND HARDWARE COMPATIBILITY PROBLEMS, MALFUNCTIONS OR FAILURES OF ELECTRONIC MONITORING OR CONTROL DEVICES, TRANSIENT FAILURES OF ELECTRONIC SYSTEMS (HARDWARE AND/OR SOFTWARE), UNANTICIPATED USES OR MISUSES, OR ERRORS ON THE PART OF THE USER OR APPLICATIONS DESIGNER (ADVERSE FACTORS SUCH AS THESE ARE HEREAFTER COLLECTIVELY TERMED "SYSTEM FAILURES"). ANY APPLICATION WHERE A SYSTEM FAILURE WOULD CREATE A RISK OF HARM TO PROPERTY OR PERSONS (INCLUDING THE RISK OF BODILY INJURY AND DEATH) SHOULD NOT BE RELIANT SOLELY UPON ONE FORM OF ELECTRONIC SYSTEM DUE TO THE RISK OF SYSTEM FAILURE. TO AVOID DAMAGE, INJURY, OR DEATH, THE USER OR APPLICATION DESIGNER MUST TAKE REASONABLY PRUDENT STEPS TO PROTECT AGAINST SYSTEM FAILURES, INCLUDING BUT NOT LIMITED TO BACK-UP OR SHUT DOWN MECHANISMS. BECAUSE EACH END-USER SYSTEM IS CUSTOMIZED AND DIFFERS FROM NI'S TESTING PLATFORMS AND BECAUSE A USER OR APPLICATION DESIGNER MAY USE NI PRODUCTS IN COMBINATION WITH OTHER PRODUCTS IN A MANNER NOT EVALUATED OR CONTEMPLATED BY NI, THE USER OR APPLICATION DESIGNER IS ULTIMATELY RESPONSIBLE FOR VERIFYING AND VALIDATING THE SUITABILITY OF NI PRODUCTS WHENEVER NI PRODUCTS ARE INCORPORATED IN A SYSTEM OR APPLICATION, INCLUDING, WITHOUT LIMITATION, THE APPROPRIATE DESIGN, PROCESS, AND SAFETY LEVEL OF SUCH SYSTEM OR APPLICATION. 14. U.S. Government Rights. The SOFTWARE is a "commercial item" developed exclusively at private expense, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are defined or used in the applicable U.S. acquisition regulations. If you are an agency, department, or other entity of the United States Government, the SOFTWARE is licensed hereunder (i) only as a commercial item and (ii) with only those rights as are granted to all other licensees pursuant to the terms and conditions of this Agreement. You agree not to use, duplicate, or disclose the SOFTWARE in any way not expressly permitted by this Agreement. Nothing in this Agreement requires NI to produce or furnish technical data for or to you. 15. Compliance. You agree to make all applicable records available for review by NI during your normal business hours so as to permit NI (upon reasonable notice to you) to verify your compliance with the terms and conditions of this Agreement. Further, if you are a business or other entity, you agree that upon the request of NI or NI's authorized representative, you will promptly document and certify in writing to NI that your and your employees' use of the SOFTWARE complies with the terms and conditions of this Agreement. NI may (upon written notice) inspect your use of the SOFTWARE during your normal business hours to ensure your compliance with this Agreement. If the results of any such inspection indicate the underpayment by you of applicable fees due and payable to NI, you shall (i) immediately pay such amounts to NI and (ii) reimburse NI for the cost of such inspection. 16. Termination. This Agreement shall automatically terminate upon failure by you to comply with its terms. Upon termination of this Agreement, regardless of the reason, you must destroy all copies of the SOFTWARE. 17. General. A. If the SOFTWARE is manufactured in the Republic of Ireland, (1) (i) this Agreement is governed by the laws of the Republic of Ireland, exclusive of any provisions of the United Nations Convention on the International Sale of Goods, and without regard to principles of conflicts of law; and (ii) the non-exclusive venue for all actions under this Agreement shall be in the courts located in Dublin, the Republic of Ireland and the parties agree to submit to the jurisdiction of such courts; otherwise (2) (i) this Agreement is governed by the laws of the State of Texas, U.S.A., exclusive of any provisions of the United Nations Convention on the International Sale of Goods, and without regard to principles of conflicts of law; and (ii) the non-exclusive venue for all actions under this Agreement shall be in the courts located in Travis County, Texas, U.S.A. and the parties agree to submit to the jurisdiction of such courts. B. This Agreement constitutes the complete agreement between you and NI regarding the SOFTWARE and supersedes any oral or written proposals, prior agreements, purchase orders, or any other communication between you and NI relating to the subject matter of this Agreement. No delay or omission by NI to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by NI of any breach of any provision hereof shall not be construed to be a waiver of any succeeding breach of that provision or of any breach of any other provision. No modification of this Agreement shall be effective unless set forth in a writing signed by a duly authorized representative of you and NI. If any action is brought by either party to this Agreement against the other regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any relief granted, reasonable attorney fees and court costs. If any provision of this Agreement is held invalid, the offending clause will be modified so as to be enforceable and, as modified, shall be fully enforced, and the remainder of this Agreement will continue in full force and effect. C. The SOFTWARE is, and Third Party Software provided by NI with the SOFTWARE may be, subject to control under the U.S. Export Administration Regulations (15 CFR Part 730 et. seq.), other applicable U.S. export control laws and regulations, and applicable global export control laws and regulations, including, for products exported from the European Union, the Council Regulation (EC) No. 428/2009 (the "Regulation") and the Hungarian Government Decree No. 50/2004 (III. 23.). You agree that you will not export, re-export or transfer any SOFTWARE or Third Party Software provided by NI with the SOFTWARE via any means to any prohibited destination, entity or individual without the required export license(s) or authorization(s) from the U.S. Government and/or other applicable export licensing authority. NI reserves the right not to ship or permit downloading of the SOFTWARE ordered if, at any time, NI believes that such shipment or downloading of such SOFTWARE or any Third Party Software provided by NI with such Software may violate U.S. and/or other applicable export control laws. If you are downloading the SOFTWARE, you hereby represent and warrant to NI as follows: (i) you are not located in, or under the control of, any country the laws and regulations of which prohibit importation of the SOFTWARE or any Third Party Software provided by NI with the SOFTWARE; and (ii) you are not located in, or under the control of, any country to which the laws and regulations of the U.S. and/or other applicable export control laws prohibit exportation of the SOFTWARE or any such Thurd Party Software. For text of the relevant legal materials, see http://www.ni.com/legal/export-compliance.htm. (c) 2004-2011 National Instruments Corporation. All Rights Reserved. 371460B-01 May 2011 ______________________________________________________________________________ 2. IVI Foundation License Agreement LICENSE AGREEMENT BEFORE YOU CLICK ON THE ACCEPT BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE ACCEPT BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND DO NOT DOWNLOAD AND/OR USE THIS INTELLECTUAL PROPERTY. Readers of this document are requested to submit to Interchangeable Virtual Instruments, Inc. (Licensor), with their comments, notification of any relevant patent rights or other intellectual property rights of which they may be aware which might be infringed by any use of this intellectual property, software, or specification (the Intellectual Property), as appropriate, and to provide supporting documentation. Copyright (C) 2002, Interchangeable Virtual Instruments Foundation, Inc. All Rights Reserved. IVI Foundation is the exclusive licensee of the IVI trademark and the Interchangeable Virtual Instruments Foundation, Inc. logo. Attention is drawn to the possibility that some of the elements of this Intellectual Property may be the subject of patent or other intellectual property right (collectively, "IPR") of third parties. LICENSOR shall not be responsible now or in the future for identifying any or all such IPR. Permission is hereby granted, free of charge and subject to the terms set forth below, to any person obtaining a copy of this Intellectual Property and any associated documentation, to deal in the Intellectual Property without restriction (except as set forth below), including without limitation the rights to implement, use, copy, modify, merge, publish, distribute, and/or sublicense copies of the Intellectual Property, and to permit persons to whom the Intellectual Property is furnished to do so, provided that the above copyright notice(s) appear in all copies of the Intellectual Property and that each person to whom the Intellectual Property is furnished agrees to the terms of this Agreement. If you are not a member of LICENSOR, your license hereunder is limited to the use of the object code of the Intellectual Property. If you are a member of LICENSOR, your license extends to the source code of the Intellectual Property. If you modify the Intellectual Property, all copies of the modified Intellectual Property must include, in addition to the above copyright notice, a notice that the Intellectual Property includes modifications that have not been approved or adopted by LICENSOR. You may not charge for any sublicense of the Intellectual Property; provided however, that the Intellectual Property may be sublicensed together with another product so long as there is no separate charge for the Intellectual Property. THE INTELLECTUAL PROPERTY IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE INTELLECTUAL PROPERTY WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE INTELLECTUAL PROPERTY WILL BE UNINTERRUPTED OR ERROR FREE. ANY USE OF THE INTELLECTUAL PROPERTY SHALL BE MADE ENTIRELY AT THE USERS OWN RISK. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR ANY CONTRIBUTOR OF IPR TO THE INTELLECTUAL PROPERTY BE LIABLE FOR ANY CLAIM, OR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY ALLEGED INFRINGEMENT OR ANY LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE IMPLEMENTATION, USE, COMMERCIALIZATION OR PERFORMANCE OF THIS INTELLECTUAL PROPERTY. This license is effective until terminated. You may terminate it at any time by destroying the Intellectual Property together with all copies in any form. It will also terminate if you fail to comply with any term or condition of this Agreement. Except as provided in the following sentence, no such termination of this license shall require the termination of any third party end-user sublicense to the Intellectual Property which is in force as of the date of notice of such termination. In addition, should the Intellectual Property, or the operation of the Intellectual Property, infringe, or in LICENSOR's sole opinion be likely to infringe, any patent, copyright, trademark or other right of a third party, you agree that LICENSOR, in its sole discretion, may terminate this license without any compensation or liability to you, your licensees or any other party. You agree upon termination of any kind to destroy or cause to be destroyed the Intellectual Property together with all copies in any form, whether held by you or by any third party. Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Intellectual Property without prior written authorization of the copyright holder. LICENSOR is and shall at all times be the sole entity that may authorize you or any third party to use certification marks, trademarks or other special designations to indicate compliance with any LICENSOR standards or specifications. This Agreement is governed by the laws of the State of Delaware. The application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. In the event any provision of this Agreement shall be deemed unenforceable, void or invalid, such provision shall be modified so as to make it valid and enforceable, and as so modified the entire Agreement shall remain in full force and effect. No decision, action or inaction by LICENSOR shall be construed to be a waiver of any rights or remedies available to it. The Intellectual Property is a "commercial item," as that term is defined in 48 C.F.R. 12.101 (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). 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 End Users acquire the Intellectual Property with only those rights set forth herein. None of the Intellectual Property or underlying information or technology may be downloaded or otherwise exported or reexported in violation of U.S. export laws and regulations. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the Intellectual Property, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.