Software License Agreement

License

Frontline PCB Solutions LP. ("Frontline") grants you a non exclusive, non transferable, non sub-licensable license to use this copy of Frontline's Software, consisting of executable files, electronic data and accompanying documentation (together, the "Program"), within the local area network at the installation site or geographical area as provided by the license purchased and otherwise according to the terms of this Agreement and for the term for which you have paid the applicable license fee. Licenses may be either "Local" or Geographical ("Continental" or "Global"), as described below. Licenses may also be limited by time, as provided in the license purchased.

Configuration

The Program is licensed to you provided that you have paid any required license fee for the Program or for an older version of the Program with a specified number of seats and the optional software packages purchased.

Local Licenses

If you have purchased a "local" license (i.e.,not a "Continental" or "Global" license), you may install and use this program on one work station/computer with the maximum number of concurrent seats located on the same local area network within the Installation Site and the optional software packages as specified in your paid license.

A "Local" license for an InSight PCB program can be used by the maximum number of concurrent seats located in the specific time zone specified in the paid license designation form. This time zone shall be designated as the time zone where either (i) the users are located or (ii) a remote server is located, but in any event only one (1) such time zone shall be designated.

If you have purchased an "InPlanConcurrentSites" Local license, you will be able to access the Program from different sites/servers/schema in the same time zone simultaneously, in accordance with the license that you have purchased

Geographical Licenses

If you have purchased a "Geographical" License (available for Insight PCB and InStack Design programs) you may use the Program only within the location(s)/region(s) specified in the paid license designation form, as follows:

Continental licenses can only be used by the maximum number of concurrent seats as specified in your paid license that are located in a time zone region up to 3 hours from the time zone of the remote server location)(including DST differences) as designated in the paid license designation form.

Global licenses (for Insight PCB and InStack Design programs) can be used by the maximum number of concurrent seats as specified in your paid license across the globe, regardless of the location of the server/users.

You may not use the software in any way outside of the designated time zone region and any such use shall be a breach of the license and may void the license.

Use of remote terminals linked into clients outside of the purchased time zone region is forbidden.

You should carefully consider and select the time zone region you wish to purchase. Once purchased, time zone regions cannot be modified for the duration of the term of the license. No hybrid licenses are allowed. All modules of the software must be purchased for the specific time zone region. Frontline does not provide upgrades from Local or Continent licenses throughout the license term nor does Frontline allow downgrades through such term.

With your license you will receive a key/code set to the number of seats, the optional software packages you purchased and the Node I.D. of your work station/computer. This key will enable the installation and use of the Program according to the restrictions of the paid license.

Additional Rights and Obligations

Regardless of which version of the Program you have and whether you have a paid license, or have been granted leasing rights, evaluation rights, or any other right in connection with the Program, and regardless of the number of seats and optional software packages you may have purchased:

You may make one copy of the Program solely for backup purposes.

You may not:

a.   Modify, translate, reverse engineer or attempt to reconstruct identify or discover any source code or algorithm, decompile, disassemble, create derivative works based on, or copy (except for a sole backup copy) the Program;

b.   Rent or transfer to any person, or otherwise allow others to use all or any part of the Program without the prior written consent of Frontline;

c.   Remove any proprietary notice, labels, or marks on the Program;

d.   Modify, incorporate into or with other software, or create a derivative work of any part of the Program;  

e.   Use this Program other than for your internal business purposes in the area of Printed Circuit Board pre-production activities; or 

f.   Use this Program outside the country in which it was licensed or on a local area network other than the one on which initially installed regardless of whether such use was accomplished by physical or electronic transfer of the Program.

If you have licensed this Program to upgrade a prior version of the Program, the originals and all copies of the prior version, including any copies resident on your hard disk, must be destroyed within ninety (90) days of the delivery of the installation.

This Program is protected by intellectual property laws and international treaty provisions. Frontline and any third party supplier of software comprising the Program ("Third Party Supplier") retains title and copyrights to the Program and any legitimate backup copy made by you. Unauthorized copying of the Program, or failure to comply with the above restrictions will result in automatic termination of this license and will make available to Frontline other or legal remedies.  

Limited Warranty and Disclaimer

The Program is supplied "as is". Frontline warrants that the media on which the Program is furnished under normal use will be free from defects in materials and workmanship.

Frontline's entire liability and your exclusive remedy under this warranty (which is subject to your returning the Program to Frontline) will be, at Frontline's option, to attempt to correct or work around errors, to replace the Program or distribution media with functionally equivalent software or media, as applicable, or to refund the purchase price and terminate this agreement. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, ARE MADE BY FRONTLINE OR ANY THIRD PARTY SUPPLIER WITH RESPECT TO THE PROGRAM (STATUTORY OR OTHERWISE), AND FRONTLINE AND ANY THIRD PARTY SUPPLIER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPRESSLY STATED HEREIN, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE. FRONTLINE OR ANY THIRD PARTY SUPPLIER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE PROGRAM WILL BE CORRECTED. The above warranty does not apply to any beta software, any program made available for testing, evaluation or demonstration purposes, any temporary software modules or any program for which Frontline does not receive a fee. All such software products are provided without any warranty whatsoever. 

Limitation of Liability

IN NO EVENT WILL FRONTLINE OR ANY THIRD PARTY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.

THIS LIMITATION WILL APPLY EVEN IF FRONTLINE, ANY THIRD PARTY SUPPLIER OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. YOU ACKNOWLEDGE THAT THIS LIMITATION REPRESENTS A REASONABLE ALLOCATION OF RISK, AND THAT FRONTLINE WOULD NOT PROVIDE THE PROGRAM EXCEPT UNDER THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT. IF YOU PURCHASED THIS PROGRAM IN THE UNITED STATES, SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Integration 

Your obligations pursuant to this Agreement shall be in addition to, and shall not derogate from, your obligations pursuant to any license for the Program that you may have.

Governing Law

This Agreement shall be governed by the laws of the State of Israel.

Open source S/W

Frontline is using third party open source software. For additional information please refer to the products documentation.

Oracle Software

This Program may contain embedded software provided by Oracle (the "Embedded Oracle Software"). In addition to the other terms of this Agreement, the following terms shall apply in respect of the Embedded Oracle Software:

a.   This license is for utilization of the Embedded Oracle Software within the Program only. You may not install or configure the Embedded Oracle Software separately and independently from this application program.

b.   You must access information from the Embedded Oracle Software either through pre-packaged reports, add-hoc reports or by utilizing the available APIs that are included in the Program. You may not navigate the underlying data schema of the Embedded Oracle Software.

You may not directly access the Oracle Data Base and options or use Oracle-supplied APIs to establish the transfer of data. Management of the data transfer must be done through predefined Frontline APIs included in the Program.

c.   Upgrades and/or updates to the Embedded Oracle Software are certified and distributed as a component of the Program and you may not otherwise upgrade the Embedded Oracle Software.

d.   The inclusion of the Embedded Oracle Software does not create any business relations between Oracle and you in regard to the Embedded Oracle Software. Frontline is responsible for providing all related Oracle services, support and education for the Embedded Oracle Software and in the event that Frontline shall discontinue providing customer service, support or education to you, Oracle will not be obligated to provide ongoing service, support, or education to you for the Embedded Oracle Software.

Mentor Graphics Software

This Program may contain embedded software provided by Mentor Graphics (the "Embedded Mentor Graphics Software"). In addition to the other terms of this Agreement, the following terms shall apply in respect of the Embedded Mentor Graphics Software:

a.   This license is for utilization of the Embedded Mentor Graphics Software within the Program only. You may not install or configure the Embedded Mentor Graphics Software separately and independently from this application program.

b.   You must access information from the Embedded Mentor Graphics Software either through pre-packaged reports, add-hoc reports or by utilizing the available APIs that are included in the Program. You may not navigate the underlying data schema of the Embedded Mentor Graphics Software.

You may not directly access the Mentor Graphics Data Base and options or use Mentor Graphics-supplied APIs to establish the transfer of data. Management of the data transfer must be done through predefined Frontline APIs included in the Program.

c.   Upgrades and/or updates to the Embedded Mentor Graphics Software are certified and distributed as a component of the Program and you may not otherwise upgrade the Embedded Mentor Graphics Software.

d.   The inclusion of the Embedded Mentor Graphics Software does not create any business relations between Mentor Graphics and you in regard to the Embedded Mentor Graphics Software. Frontline is responsible for providing all related Mentor Graphics services, support and education for the Embedded Mentor Graphics Software and in the event that Frontline shall discontinue providing customer service, support or education to you, Mentor Graphics will not be obligated to provide ongoing service, support, or education to you for the Embedded Mentor Graphics Software.

MySQL Software

This Program may contain embedded software provided by MySQL (the "Embedded MySQL Software"). In addition to the other terms of this Agreement, the following terms shall apply in respect of the Embedded MySQL Software:

a.   This license is for utilization of the Embedded MySQL Software within the Program only. You may not install or configure the Embedded MySQL Software separately and independently from this application program.

b.   You must access information from the Embedded MySQL Software either through pre-packaged reports, add-hoc reports or by utilizing the available APIs that are included in the Program. You may not navigate the underlying data schema of the Embedded MySQL Software.

You may not directly access the MySQL Data Base and options or use MySQL-supplied APIs to establish the transfer of data. Management of the data transfer must be done through predefined Frontline APIs included in the Program.

c.   Upgrades and/or updates to the Embedded MySQL Software are certified and distributed as a component of the Program and you may not otherwise upgrade the Embedded MySQL Software.

d.   The inclusion of the Embedded MySQL Software does not create any business relations between MySQL and you in regard to the Embedded MySQL Software. Frontline is responsible for providing all related MySQL services, support and education for the Embedded MySQL Software and in the event that Frontline shall discontinue providing customer service, support or education to you, MySQL will not be obligated to provide ongoing service, support, or education to you for the Embedded MySQL Software.