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 Agreement

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.

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Export Compliance Certification (ECC)

Micron Technology Inc. ECC Agreement

To access this information, you must agree to comply with all applicable U.S. export control restrictions, including all laws, regulations, and requirements.  By clicking “I Agree” below, you agree to comply with those restrictions, including that: 

  • You agree not to transfer or export the information:
    • To any non-U.S. person or location without obtaining any necessary approvals from the U.S. Government.
    • To any restricted countries such as 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 or to any sanctioned persons prohibited from receiving U.S. items or services.
  • You will refrain from using the information for activities related to the development, production, or support of advanced integrated circuits (ICs) at a semiconductor facility, or for the development, production, or support of supercomputers, in China or Hong Kong.
  • Except as permitted under U.S. law, you are not accessing the information for non-U.S. military activities (including activities related to weapons of mass destruction) or for the benefit of non-U.S. military entities or end users.
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    Trademark & usage guidelines

    Micron’s trademarks, service marks, trade dress, and logos (“Trademarks”) represent intellectual property rights owned by Micron and as such are valued assets of Micron. These Trademarks, whether registered or unregistered, must be used in accordance with these Trademark Usage Guidelines (“Guidelines”).

    Any use of a Micron Trademark must comply with applicable laws and requires strict compliance with these Guidelines. While in some instances wordmarks can be used without a license to truthfully convey information about Micron’s products or services or compatibility therewith as long as the use does not cause confusion as to source or affiliation, any other use of a Micron Trademark requires an appropriate license agreement. Micron’s logo marks can never be used by third parties without express authorization by Micron. Requests for a trademark license may be submitted to trademarks@micron.com. Upon approval, Micron will provide appropriate logo files for your use.

    By using any Micron Trademarks, you acknowledge that Micron is the sole owner of the Trademarks and agree not to interfere with Micron’s rights in the Trademarks, including challenging Micron’s use, registration of, or application to register such Trademarks. You agree that you will not harm, misuse, or bring into disrepute any Micron Trademarks and that the goodwill, if any, derived from your use of any Micron Trademarks exclusively inures to the benefit of and belongs to Micron. You may not use any Micron Trademarks in metatags, search fields, hidden text, or any other form that has the purpose or effect of diverting or confusing consumers without Micron’s prior written permission.
     

    Applicability of guidelines


    These Guidelines apply to Micron employees, customers, licensees, consultants, authorized resellers, outside vendors, reporters, and other third parties. Note that if you are a licensee of a Micron Trademark, the license agreement that you signed with Micron may contain specific usage guidelines that differ from those contained within these Guidelines, and in such case you should follow those specific guidelines provided within such license agreement. If you are a licensee, but have been provided no special guidelines, then follow these Guidelines.


    List of Micron trademarks


    The list of Micron Trademarks provided here may be updated with new information from time-to-time and without notice and should be referred to regularly. Note that the list may not be comprehensive, and the omission of a Micron Trademark from the list does not represent any waiver of any intellectual property rights of Micron in or to such Trademark. Other product names or trademarks, including those appearing on Micron’s websites, that are not owned by Micron are for identification purposes only and may be the registered or unregistered trademarks of their respective owners. No license or right is granted by Micron by implication, estoppel or otherwise to any such third-party names or trademarks or to the Micron Trademarks hereby. If in doubt about whether a particular name, mark or logo is a Micron Trademark, or if you have any questions about the use of Micron’s Trademarks, contact Micron’s Legal Department for assistance.

    AuthentaTM

    Ballistix®

    Brilliant Memory Solutions®

    Built to WinTM

    Crucial®

    Elpida®

    FlexproTM

    Intelligence Accelerated®

    Micron®

    Numonyx®

    RLDRAM®

    SpecTek®

    Strataflash®

    The Memory & Storage ExpertsTM

    XccelaTM

    Referring to Micron Products/Services


    When referring to Micron products or services use the applicable Trademark and ensure that such references: (i) are truthful, fair, and not misleading; and (ii) comply with these Guidelines. Note that these Guidelines may be modified by Micron from time-to-time in its sole discretion. Specifically, ensure that you:

    1. Follow the directives within these Guidelines;
    2. Use the appropriate trademark symbol and acknowledgment of Micron’s ownership of the particular Trademark;
    3. Do not incorporate Micron Trademarks into your own trademarks, service marks, logos, or company names; and
    4. Do not adopt marks or logos that imitate, play on, refer to, or are confusingly similar to any Micron Trademarks.
       

    Use of Micron Trademarks

    When using a Micron Trademark, ensure that you:

    1. Except in the case of slogans and taglines, ALWAYS use a Trademark as an adjective, accompanied by an appropriate generic noun that defines the relevant product or service (e.g. “Micron® NAND Flash memory is an excellent product”). Do NOT use a Trademark as a noun (e.g. “Micron® is an excellent product”).
    2. Do NOT pluralize a Trademark or make it possessive.
    3. Do NOT combine a Trademark with other words, symbols, or numbers, either as one word or with a hyphen.
    4. Do NOT abbreviate or alter a Trademark.
    5. Do Not change the color or typeface of a Trademark featuring a design element.
    6. ALWAYS use such Trademark as an adjective, accompanied by an appropriate noun (e.g. “Micron® NAND Flash memory is an excellent product”). Do NOT use a Trademark as a noun (e.g. “Micron® is an excellent product”). Do NOT pluralize a Trademark or make it possessive. Do NOT combine a Trademark with other words, symbols, or numbers, either as one word or with a hyphen. Do NOT abbreviate a Trademark;
    7. ALWAYS use the proper spelling and the proper trademark symbol (®, ™ or SM as applicable). For the trademark symbol, use the superscript format, but if this is not possible, then use parentheses ((R), (TM) or (SM) as applicable); and
       


    Identification of Micron Trademarks

    1. In letters, memos, press releases, white papers, advertising, slides, foils, video, and other multimedia presentations, ensure that you properly identify (with ®, ™ or SM as applicable) each Micron Trademark at the most prominent use (often in the headline) and again in the first occurrence. For presentation graphics, each Micron Trademark should be designated with the proper trademark symbol on each page, slide, and foil;
    2. In newsletters, magazines, and publications containing multiple articles, properly identify each Micron Trademark in the first occurrence in the Table of Contents, in headlines and in the first occurrence in every article in which it is used;
    3. In brochures, financial reports, books, white papers, data sheets, technical documentation, and other bound documents, properly identify each Micron Trademark in the first occurrence in the Table of Contents, in headlines, and in the first occurrence in text;
    4. In all charts and graphs, properly identify each Micron Trademark, as such charts and graphs could become separated, copied and used independently; an
    5. In all Micron Trademark tag lines (e.g. "The Memory & Storage ExpertsTM"), always use the proper trademark symbol in every such reference.


    Proper Use Examples of Micron Trademarks
     

    Micron® memory device
    Crucial® memory module
    SpecTek® memory component
    Crucial®Ballistix® memory module;


    Acknowledgement of Micron Trademarks
     

    Ensure that you include a proper trademark ownership notice that identifies each Micron Trademark used as being owned by Micron Technology, Inc. (e.g. "Micron® and the Micron orbit logo are trademarks of Micron Technology, Inc.")


    Use of “Micron” as a Trademark vs. Trade name


    “Micron” is not only a trademark used to identify Micron’s products and services; it also serves as Micron’s company name. Therefore, the word “Micron” is generally used in two (2) different ways: (i) as a trade name to identify Micron Technology, Inc. the company; or (ii) as a trademark to identify its various products. “Micron” is used as a trade name when Micron Technology, Inc. the company is taking some action or referenced as having some attribute (e.g. “Micron announced its earnings for this quarter”). When referenced as a trade name, there is no need to include a trademark symbol after “Micron”. “Micron” is used as a trademark when Micron is an adjective used as a brand name for its products (e.g. “Micron® NAND Flash devices are aimed at mobile and consumer applications”). When referenced as a trademark, include the proper trademark symbol after “Micron”.