US SITE · AUS SITE
©2010 AirBorn
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License agreement - before supply of our Autotrax libraries, you must
agree to the following:
1. About this Agreement
- 1.1 Words that appear like This in this Agreement have special
meanings which are set out in clause 8.
- 1.2 These terms and conditions set out the basis on which You will acquire
the Library from Us.
- 1.3 The Agreement between You and Us consists of these terms.
No other terms, conditions, representations or warranties (except as required by law)
are included.
2. Copyright and use
- 2.1 The Library is copyright (C)2003 AirBorn
- 2.2 As part of this Agreement, We offer You the non-exclusive use of the
Library.
- 2.3 You may terminate this Agreement at any time by destroying all copies
of the Library in Your possession, and all copies of Printed Circuit Boards
and Printed Circuit Board Files in which You have used parts from the Library.
3. Instructions
- 3.1 Instructions on use of the Library will be sent by Us to
You with the supply of the Library
- 3.2 Further Instructions on use of the Library will be set by
Us for You at later times and will be either a notice on Our
website or an email We send to Your last known address
(at Our option)
- 3.3 In case of conflicting Instructions, later Instructions are deemed to
supersede only the earlier Instructions with which they conflict.
4. Warranties
- 4.1 You warrant to Us that:
- (a) When You use Our Library in the preparation of a Printed Circuit
Board, You accept liability for, and costs of, all faults in Printed Circuit Boards
consequently manufactured.
- (b) You will not transfer the Library or a copy of the Library or the
use of the Library to any other person or entity.
- (c) You will abide by all conditions and Instructions per clauses 3.1, 3.2
and 3.3 that We set on use of the Library, including Instructions
We set to not use certain parts or features.
- (d) You will accept either a notice on Our website or an email We
send to Your last known address as being suitable Instructions, per clause 3.2
- (e) You will accept the Instructions per clause 3.2 will take effect from the time
We post the Instructions to the website or by email.
5. Warranties and limitation of liability
- 5.1 We warrant that We will use due care and skill in provision of
the Library. However, We do not warrant that the Library will be free
from errors or omissions.
- 5.2 If We breach the warranty set out in clause 5.1, or any other condition or
warranties in the Agreement or implied by law and which cannot be excluded,
We limit Our maximum liability to either of the following (at Our option):
- (a) Refunding to You the amount You paid Us to supply the
Library(excepting that if You did not pay Us to supply the
Library, We will not be liable to Refund any amount); or
- (b) Supply of the same Library again, free of charge to You,
with possible limitations in use and Instructions defined by Us.
- You acknowledge and agree that, apart from Your rights under clause 5.1
neither We nor either of Our Representatives will be liable for any loss, damage,
claim or demand incurred or made by any person whether based in tort, contract, statute or
otherwise arising from provision of the Library, or failure to provide the Library and
whether the same was caused directly or indirectly by delay, error, omission,
negligence or otherwise whether the same was caused by Us or either of
Our Representatives.
6. Your indemnity in favour of Us
- 6.1 You agree to indemnify Us against all claims, demands, costs, penalties, suits and
liabilities of any nature however caused, whether by Our negligence or otherwise,
arising out of provision of, or errors in, the Library.
- 6.2 For the avoidance of doubt, the indemnity in clause 6.1 also applies to breaches by You
of any term or condition of this Agreement, including the Warranties given by You
in clause 4.1
7. General
- 7.1 We may assign Our rights under this Agreement without Your consent
- 7.2 This Agreement shall not be modified or amended unless in writing and signed by
both You and Us.
- 7.3 This Agreement shall be governed by and construed in accordance with the laws
of the State of New South Wales, Australia.
- 7.3 You acknowledge that you have read, understand and agree to be bound by all
the terms and conditions of this Agreement.
8. Interpretation
- Agreement means this license agreement.
- AirBorn means AirBorn Electronics Pty Limited (ACN 088 232 893).
- Instructions means Binding conditions of use.
- Library means the data files containing specifications and descriptions
of electronic components in either written or machine readable form.
- Printed Circuit Board Manufactured product incorporating Library components.
- Representative means officers, employees or agents.
- We, Us, Ours means AirBorn Electronics Pty Limited (ACN 088 232 893).
- You means the customer to whom the Library is supplied.
In a Nutshell: This library has no warranty.
Use of this library is entirely at your own risk. We accept no responsibility
for errors in this library, and we will not be responsible for errors in Printed
circuit boards that you make using components in this library. That said,
we invite you to tell us if you find a problem, thanks.
Please click here if you DO NOT AGREE (and you will exit this form)
Email to us, if you DO AGREE:
- your name
- phone number
- your business or company name
A real person will be reading the email, (and will send a return
email with the library attached forthwith), so maybe you'd like to tell us
what sort of boards you design and what you do for a living!
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