Software License Agreement

Micron Technology Inc. Software License Agreement


PLEASE READ THIS LICENSE AGREEMENT (“AGREEMENT”) FROM MICRON TECHNOLOGY, INC. (“MTI”) CAREFULLY: BY INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE AND ANY RELATED PRINTED MATERIALS (“SOFTWARE”), YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE SOFTWARE.

LICENSE: MTI hereby grants to you the following rights: You may use and copy the Software and redistribute it to third parties subject to the terms of this Agreement. You must maintain all copyright notices on all copies of the Software. MTI may make changes to the Software at any time without notice to you. In addition MTI is under no obligation whatsoever to update, maintain, or provide new versions or other support for the Software.

OWNERSHIP OF MATERIALS: You acknowledge and agree that the Software is proprietary property of MTI and is protected by United States copyright law and international treaty provisions. Except as expressly provided herein, MTI does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. You further acknowledge and agree that all right, title, and interest in and to the Software, including associated proprietary rights, are and shall remain with MTI. This Agreement does not convey to you an interest in or to the Software, but only a limited right to use, copy and redistribute the Software in accordance with the terms of this Agreement. The Software is licensed to you and not sold.

DISCLAIMER OF WARRANTY: The Software is provided “AS IS” without warranty of any kind. MTI EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. MTI DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, MTI DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. IN NO EVENT SHALL MTI, ITS AFFILIATED COMPANIES OR THEIR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

TERMINATION OF THIS LICENSE: MTI may terminate this license at any time if you are in breach of any of the terms of this Agreement. Upon termination, you will immediately destroy all copies the Software.

GENERAL: This Agreement constitutes the entire agreement between MTI and you regarding the subject matter hereof and supersedes all previous oral or written communications between the parties. This Agreement shall be governed by the laws of the State of Idaho without regard to its conflict of laws rules.

CONTACT: If you have any questions about the terms of this Agreement, please contact MTI’s legal department at (208) 368-4500.

By clicking on the Accept button, you agree to the terms of the License Agreement. You must agree to the terms in order to download the software.

Non-Disclosure Agreement

Micron Technology Inc. NDA

To access these documents, you must first read and accept Micron's electronic non-disclosure agreement. If the Recipient has a written confidentiality agreement with Micron Technology, Inc. you will need to click "Accept" at the bottom of this page, but the terms of the written confidentiality agreement will apply.

ON-LINE NONDISCLOSURE AGREEMENT THIS IS A LEGAL AGREEMENT BETWEEN YOU OR THE COMPANY YOU REPRESENT (EACH A "RECIPENT") AND MICRON TECHNOLOGY, INC. ("MTI") STATING THE TERMS AND CONDITIONS THAT GOVERN THE CONFIDENTIALITY OF INFORMATION POSTED TO OR MADE AVAILABLE THROUGH THE MICRON WEBSITE. PLEASE CAREFULLY READ THIS NONDISCLOSURE AGREEMENT ("AGREEMENT") BEFORE CLICKING "ACCEPT" AT THE BOTTOM OF THE PAGE. BY CLICKING ON"ACCEPT", RECIPIENT IS AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF RECIPIENT DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, PRESS "DECLINE" AND RECIPENT WILL BE UNABLE TO ACCESS CONFIDENTIAL INFORMATION.

1. Written Nondisclosure Agreement. If Recipient and MTI have entered into a written confidentiality agreement ("Confidentiality Agreement") that is in effect as of the date Recipient enters into this Agreement and such Confidentiality Agreement already applies to and governs the Confidential Information (defined below), then the terms of such Confidentiality Agreement shall apply to and govern Recipient’s obligations concerning such Confidential Information and not the terms of this Agreement.

2. Confidential Information. "Confidential Information" means any information or data posted to or made available through MTI’s secure website that is (i) marked or labeled as "Confidential" or "Proprietary" or with similar designation, or (ii) of a nature that a reasonable person would know such information is confidential. Confidential Information does not include that which:

(i) is proven by Recipient through competent evidence to rightfully have already been in Recipient's possession at the time of disclosure without an obligation of confidentiality;

(ii) is or becomes available to the public through no fault or breach on the part of Recipient;

(iii) is independently developed by Recipient without use of or reference to the Confidential Information;

or (iv) is rightfully obtained from a third party who has the right to transfer or disclose it to Recipient without restriction.

3. Purpose of Disclosure and Restriction on Use. Confidential Information is disclosed hereunder strictly for the purpose of Recipient’s internal evaluation and/or to assist Recipient in the implementation of an MTI device or product into a commercial product ("Purpose"). Recipient shall use the Confidential Information solely in accordance with the terms of this Agreement to accomplish the Purpose and shall make no further use, in whole or in part, of the Confidential Information.

4. Non-Disclosure. Recipient agrees to protect the Confidential Information, using at least the same degree of care it uses to protect its own confidential and proprietary information, but in no case with less than reasonable care. Recipient shall not disclose, publish or disseminate Confidential Information to anyone other than those of its employees, agents, contractors and consultants (collectively "Representatives") who have a need to know the information in order to accomplish the Purpose and who are bound by a written agreement that prohibits unauthorized disclosure or use of Confidential Information on terms no less restrictive and protective than those contained within this Agreement. Recipient will be responsible for any violation of the terms of this Agreement by its Representatives. Recipient may disclose Confidential Information to the extent required by law, provided Recipient shall promptly notify MTI in writing of such requirement to disclose and Recipient shall cooperate with MTI’s efforts to protect the Confidential Information. Recipient shall notify MTI promptly in writing in the event of any disclosure of the Confidential Information which is not authorized under this Agreement.

5. Feedback. Notwithstanding any other provision in this Agreement, if Recipient provides any ideas, suggestions or recommendations to MTI regarding Confidential Information ("Feedback"), MTI is free to use and incorporate such Feedback in MTI’s products, without payment of royalties or other consideration to Recipient, so long as MTI does not infringe Recipient’s patents, copyrights or trademark rights in the Feedback.

6. Copies. Recipient shall not make any copies of Confidential Information except as strictly necessary to carry out the above-stated Purpose. Any copies that are made must be identical to the original, may not be modified, and shall be considered the property of MTI.

7. No License. No Warranty. Except as expressly set forth herein, no license is granted hereunder to any patents, copyrights, mask works, or trademarks either expressly, by implication, estoppel or otherwise. Any such license must be express and in writing from MTI. All Confidential Information shall remain the property of MTI and nothing in this Agreement shall restrict MTI from using, disclosing or disseminating such Confidential Information in any way. CONFIDENTIAL INFORMATION IS DISCLOSED HEREUNDER "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR UTILITY OF SUCH CONFIDENTIAL INFORMATION.

8. Termination of Obligations of Confidentiality. This Agreement will become effective on the date Recipient clicks on "Accept." Notwithstanding any termination of this Agreement, the provisions of this Agreement shall continue for a period of five (5) years from the date of each disclosure of Confidential Information. MTI may terminate this Agreement at any time in its sole discretion upon written notice to Recipient (including such notice transmitted through this secure MTI website or via electronic mail to Recipient).

9. Return of Confidential Information. Within ten (10) business days of MTI’s written request, and at MTI’s option, Recipient shall return or certify to MTI the destruction of the Confidential Information including, without limitation, hard copy and electronic documents and all materials created by Recipient that contain the Confidential Information.

10. Governing Law and Attorneys' Fees. This Agreement shall be governed by the laws of the State of Idaho, U.S.A., excluding its conflict of laws principles. Recipient hereby consents to the personal jurisdiction of the courts of Idaho for any dispute arising out of this Agreement. In the event of any suit, action or proceeding arising out of or relating to this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and reasonable costs incurred.

11. Export. Recipient agrees that Confidential Information, or any portion thereof, shall not be exported or re-exported, directly or indirectly, in any form, except in compliance with the U.S. Export Administration Act and all other applicable export control laws or regulations.

12. Injunctive Relief. Recipient acknowledges and agrees that disclosure of Confidential Information in violation of the terms of this Agreement will cause irreparable harm to MTI for which monetary damages would not be an adequate remedy. Therefore, Recipient agrees that, in addition to any other remedies available to MTI, in the event of any breach or threatened breach of this Agreement, MTI shall be entitled to injunctive relief and Recipient waives any requirement for the posting of a bond in connection therewith.

13. No Implied Waiver. MTI’s failure or delay in exercising any of its rights hereunder will not constitute a waiver of such rights unless expressly waived in writing.

14. General. This Agreement:

(i) may be amended or modified only by an express writing signed by Recipient and an authorized representative of MTI;

(ii) will not be construed as creating any joint venture, partnership or other form of business association between the parties hereto;

(iii) is not assignable or delegable in whole or in part by Recipient without the express written consent of MTI;

(iv) shall inure to the benefit of and be binding upon the parties, their successors, the assigns of MTI and the permitted assigns of Recipient;

and (v) is in the English language only, which language shall be controlling in all respects, and all versions of this Agreement in any other language shall not be binding on the parties hereto.

15. Authorized Signatory. The individual clicking on "Accept" is entering into this Agreement and accessing Confidential Information either (1) as an individual, and hereby agrees that he or she shall be personally liable to MTI if Confidential Information is disclosed or used in a manner not authorized by this Agreement, or (2) on behalf of an employer or other entity, and hereby represents and warrants that he or she has full legal authority to bind such employer or entity to this Agreement and that such employer or entity shall be legally bound by all of the terms and conditions of this Agreement as Recipient hereunder. IF CONFIDENTIAL INFORMATION IS FOR AN EMPLOYER OR ENTITY, BUT YOU DO NOT HAVE THE LEGAL AUTHORITY TO SO BIND SUCH EMPLOYER OR ENTITY, THEN DO NOT ACCESS, VIEW, READ, OR DOWNLOAD IN ANY WAY CONFIDENTIAL INFORMATION, AND DO NOT CLICK ON "ACCEPT."

In order to review documents, you must accept the NDA. If you do not accept these terms, select Decline to exit this menu.

Secure document access request process

Thank you for your interest in Micron secure content. In order to get access to this content, we need two pieces of information from you.

First, a Document access request allows us to check whether your company's Non-disclosure agreement (NDA) covers secure content. If your company has a valid NDA on file, our system will check and advance you through the process.

Second, an End user certification (EUC) ensures that we comply with export controls. If your company has a valid EUC, our system will check and advance you through the process.

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After you have submitted a document access request, you should have received a copy of your responses. Please send that information to our Web support team using the Contact us form. Our team will review your request and put you in contact with the correct teams to resolve the issues.

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Export Compliance Certification (ECC)

Micron Technology Inc. ECC Agreement

 

In furtherance of Micron’s compliance with the requirements of the United States Export Administration Regulations (“EAR”)  as administered by the U.S. Department of Commerce, and the regulations of the Office of Foreign Assets Controls (“OFAC”) (31 C.F.R. 500-599) as administered by the U.S. Department of Treasury YOUR COMPANY acknowledges that the access to commodities, software and/or technology (items) that are being provided to them by Micron are subject to these regulations.  By executing this Certification, YOUR COMPANY acknowledges and certifies that it will comply with the requirements described herein and accept responsibility for any subsequent transfers of the products, software, or technology (herein referred to as “Items”).

Accordingly, YOUR COMPANY hereby acknowledges and agrees to the following terms and conditions:

YOUR COMPANY will comply with applicable U.S. export control laws, regulations, and requirements.

YOUR COMPANY will not knowingly transfer, export, re-export, or divert any Micron items, directly or indirectly to any person, country, or to any foreign national or resident thereof, without first obtaining, if so required, all export licenses, authorizations and/or approvals from the U.S. Department of Commerce or other appropriate U.S. governmental agencies. 

YOUR COMPANY will not export, re-exports and or transfer directly or indirectly any Micron products, software, or technology to sanctioned entities and individuals who are prohibited from receiving U.S. Items and certain other Items or services.

YOUR COMPANY will not export, re-exports and or transfer directly or indirectly any Micron products, software, or technology to these countries: the Crimea Region (including the Donetsk People’s Republic (DNR) and Luhansk People’s Republic (LNR regions), Russia, Belarus, Cuba, Iran, North Korea, and Syria. All sales, exports, re-exports and transfers directly or indirectly to these countries involving Micron Items are prohibited. 

YOUR COMPANY will not knowingly engage in activity related to the development, production, use, or maintenance of Weapons of Mass Destruction, as defined by the U.S. Department of Commerce, including without limitation, uses related to nuclear, missile, chemical or biological warfare. Nor will we knowingly transfer, export, or re-export directly or indirectly to any party engaged in such activity. 

YOUR COMPANY will not engage in, or knowingly sell to any party engaged in activity related to the development, production, use, or maintenance of any safeguarded or unsafeguarded nuclear fuel facility or components for such facilities as follows: a. Facilities for the chemical processing of irradiated special nuclear or source material; b. Facilities for the production of heavy water; c. Facilities for the separation of isotopes of source and special nuclear material; or d. Facilities for the fabrication of nuclear reactor fuel containing plutonium.

YOUR COMPANY certifies it is not a military entity or end-user and will not transfer, export, re-export, or divert any Micron items, for the production or support of military end uses or for military end users. For purposes of this Agreement, a “military end use” means (i) incorporation of an item into a military item or (ii) any item that supports or contributes to the operation, installation, maintenance, repair, overhaul, refurbishing, development, or production, of military items. A “military end user” is (i) a national armed service (army, navy, marine, air force, coast guard, national guard, or national police); (ii) a government intelligence or reconnaissance organization; or (iii) any person or entity whose actions or functions are intended to support “military end uses.”

YOUR COMPANY certifies will not transfer, export, re-export, or divert any Micron items, for the development, production, use, or maintenance of integrated circuits (ICs) at a semiconductor fabrication facility located in China or Hong Kong. These restrictions also prohibit the use of Micron products, technology and/or services for supercomputing.

By signing this Certification and Agreement, you certify on behalf of YOUR COMPANY not to export, re-export, or transfer Micron Items in violation of any applicable export control laws or regulations, including the laws of the United States. YOUR COMPANY further certifies that it will promptly correct or supplement this Certification if Company is no longer able to make these representations or learns that information changed.

By clicking Accept, you hereby acknowledge and certify your company’s acceptance and agreement hereto and represents that you have full legal authority to bind Company hereto. 

 

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    商標使用指南

    美光的商標、服務標記、商業外觀和標誌（以下簡稱「商標」）代表美光擁有的智慧財產權，因此是美光的寶貴資產。無論註冊與否，這些商標都必須按照本商標使用指南（以下簡稱「指南」）使用。

    美光商標的任何使用都必須遵守適用法律，並嚴格遵守本指南。美光允許在某些情況下未經許可使用文字標記，以真實傳達有關美光產品、服務或相容性的資訊，但前提是此類使用不會造成來源或隸屬關係上的混淆，美光商標的任何其他使用都需要簽訂適當的許可協議。未經美光明確授權，第三方不得使用美光的標誌。您可以向 trademarks@micron.com 提交商標許可申請。一經核准，美光將提供適當的標誌檔案供您使用。

    使用任何美光商標，即表示您認可美光是該商標的唯一所有人，並同意不干涉美光對該商標的權利，包括質疑美光對該商標的使用、註冊或註冊申請。您同意不損害、濫用或破壞任何美光商標的聲譽，且您使用任何美光商標所產生的商譽（如有），其利益僅歸美光所有。未經美光事先書面許可，您不得在中繼標記、搜尋欄位、隱藏文字中或以任何其他形式使用任何美光商標，進而達到使消費者迷惑或混淆的目的或效果。

    指南的適用性

    本指南適用於美光員工、客戶、被許可人、顧問、授權經銷商、外部供應商、記者和其他第三方。請注意，如果您是美光商標的被許可人，您與美光簽署的許可協議中可能包含與本指南不同的具體使用指南，在這種情況下，您應遵循該許可協議中規定的具體指南。如果您是被許可人，但未向您規定任何具體指南，則您應遵循本指南。

    美光商標清單

    此處提供的美光商標清單可能會不時更新並包含新資訊，恕不另行通知，請定期查閱。請注意，該清單可能不全面，清單如有遺漏美光商標，並不代表美光放棄對該商標的任何智慧財產權。其他不屬於美光的產品名稱或商標（包括美光網站上出現的名稱或商標）僅用於識別目的，並可能是各自所有者的註冊或未註冊商標。美光不以暗示、禁反言或其他方式授予任何此類第三方名稱或商標或美光商標的許可或權利。如果您對特定名稱、標記或標誌是否屬於美光商標有疑問，或者對美光商標的使用有任何問題，請聯絡美光法務部尋求幫助。

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    引用美光產品／服務

    引用美光產品或服務時，請使用適用的商標，並確保此類引用：(i) 真實、公正及不具有誤導性；並且 (ii) 符合本指南。請注意，美光可隨時決定修改本指南。具體而言，請確保您：

    1. 遵守本指南中的指引；
    2. 使用適當的商標符號，並認可美光對特定商標的所有權；
    3. 不得將美光商標併入您自己的商標、服務標記、標誌或公司名稱；以及
    4. 不得採用模仿、戲仿、參照或與任何美光商標混淆性相似的商標或標誌。

    使用美光商標

    在使用美光商標時，請確保您：

    1. 除標語和口號外，請務必將商標作為形容詞使用，同時使用適當的通用名詞來定義相關產品或服務（例如，「Micron® NAND 快閃記憶體是出色的產品」）。不得將商標用作名詞（例如，「Micron®是出色的產品」）。
    2. 不得將商標複數化或使其具有所有格。
    3. 不得將商標與其他字詞、符號或數字組合在一起，無論是作為單個字詞還是使用連字號。
    4. 不得縮寫或更改商標。
    5. 不得改變具有設計元素的商標之顏色或字型。
    6. 請務必將此類商標用作形容詞，並配以適當的名詞（例如，「Micron® NAND 快閃記憶體是出色的產品」）。不得將商標用作名詞（例如，「Micron®是出色的產品」）。不得將商標複數化或使其具有所有格。不得將商標與其他字詞、符號或數字組合在一起，無論是作為單個字詞還是使用連字號。不得縮寫商標；
    7. 請務必使用正確的拼寫和正確的商標符號（®、™ 或 SM，視情況而定）。對於商標符號，應使用上標格式，但如果無法使用，則應使用括號（(R)、(TM) 或 (SM)，視情況而定）；以及

    美光商標的識別

    1. 在信件、備忘錄、新聞稿、白皮書、廣告、投影片、幻燈片、影片和其他多媒體簡報中，請確保在最顯著的使用位置（通常在標題中）正確標示（使用 ®、™ 或 SM，視情況而定）每個美光商標，並在首次出現時再次標示。對於簡報圖形，應在每一頁、每張投影片和幻燈片上使用適當的商標符號標出每個美光商標；
    2. 在包含多篇文章的電子報、雜誌和出版物中，應在目錄、標題首次出現美光商標時，以及使用美光商標的每篇文章首次出現美光商標時正確標示每個美光商標；
    3. 在小冊子、財務報告、書籍、白皮書、資料表、技術文件和其他裝訂成冊的文件中，應在目錄、標題首次出現美光商標時，以及正文中首次出現美光商標時正確標示每個美光商標；
    4. 在所有圖表和圖形中，應正確標示每個美光商標，因為這些圖表和圖形可能被分離、複製和獨立使用；以及
    5. 在所有美光商標標語或口號中（例如：「The Memory & Storage ExpertsTM」），請務必在每次引用時使用正確的商標符號。

    美光商標的正確使用範例

    Micron®記憶體裝置
    Crucial® 記憶體模組
    SpecTek® 記憶體元件
    Crucial®Ballistix® 記憶體模組；

    美光商標的確認

    確保包含適當的商標所有權公告，指明所使用的每個美光商標歸 Micron Technology, Inc. 所有（例如，「Micron®和美光軌跡標誌是 Micron Technology, Inc. 的商標」）

    將「美光」用作商標與商業名稱的比較

    「美光」不僅是用於標示美光產品和服務的商標，也是美光的公司名稱。因此，「美光」一詞通常有兩（2）種不同的使用方式：(i) 作為商業名稱用於識別 Micron Technology, Inc. 公司，或 (ii) 作為商標用於識別其各種產品。當 Micron Technology, Inc. 公司正在採取某些行動或因為具有某些特質而被提及（例如，「美光宣布本季度營收」）時，「美光」用作商業名稱。作為商業名稱引用時，無需在「美光」後面加上商標符號。當「美光」作為產品品牌名稱的形容詞使用時，「美光」則用作商標（例如，「Micron® NAND 快閃記憶體裝置主打行動和消費者應用程式」）。作為商標引用時，請在「美光」後面加上適當的商標符號。