ONCE YOU HAVE READ THIS AGREEMENT, SIGNIFY YOUR WILLINGNESS TO ABIDE BY ITS TERM BY FILLING IN THE REQUIRED INFORMATION AND PRESSING THE "ACCEPT" BUTTON. YOU WILL THEN BE ABLE TO DOWNLOAD THE SOFTWARE.

The PGI C -> SUIF Compiler software ("Software Package") distributed and licensed to you ("Licensee") hereunder consists of computer software, media, online and electronic documentation together with any updates or portions thereof furnished to you subsequently. This Software Package is proprietary to The Portland Group ("Licensor") and its suppliers. Licensor and its suppliers retain title to and ownership of the Software Package, including any copies provided herein or electronically or made by the Licensee, and reserves all rights not expressly granted in this ELA. Licensee assumes responsibility for the selection of the Software Package to achieve your intended results, and for the installation and use of and results obtained from the Software Package.

This software is copyright © The Portland Group Inc. and Edison Design Group Inc.

Granting of License.

You, as a Licensee under this ELA, are hereby granted a limited, revocable, nontransferable and nonexclusive license to use the Software Package subject to the restrictions and other terms as follow.

The Software Package shall be installed only on the machine designated at the time of download.

Where the program is made accessible to multiple users on that machine, those users shall be given "execute only" permissions to the executable portions of the program.

Any other use of the Software Package is strictly prohibited.

Licensee may make one (1) copy of the Software Package in machine-readable form, solely for archival or backup purposes, provided that any copyright notices and other proprietary legends on the Software Package are included on any archival/backup copies made. Licensee may not modify, adapt, translate, reverse engineer, de-compile, disassemble, or create derivative works in whole or in part based on the Software Package.

Licensee shall not rent, lease, loan, electronically transfer or otherwise make available the Software Package to another party.

IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION OR MERGED PORTION OF THE PROGRAM TO ANOTHER PARTY, OR PERMIT ACCESS TO THE SOFTWARE PACKAGE BY ANOTHER PARTY, OTHER THAN A PARTY THAT IS KNOWN TO HAVE AGREED TO THIS AGREEMENT AS ABOVE SPECIFIED, YOUR LICENSE IS AUTOMATICALLY TERMINATED.

The term "proprietary" as used in this agreement does not establish a confidential relationship between the Licensor and the Licensee. Licensee will respect all intellectual property rights, copyrights and patents that the Licensor and others have in the software. Licensor agrees that normal usage of the Software Package as a software development system by Licensee will not violate Licensor's proprietary rights.

The term "reverse engineer" shall mean the intentional conversion of object code to human readable code or otherwise analyzing the software for the purpose of recreating the Software Package or creating software substantially similar to the Software Package. Licensor agrees that normal usage of the Software Package as a software development system by Licensee will not constitute reverse engineering.

Limited Warranty.

THIS SOFTWARE IS SUPPLIED WITH NO WARRANTY WHATESOEVER, EITHER EXPRESS OR IMPLIED. THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR PURPOSE ARE SPECIFICALLY EXCLUDED. NEITHER LICENSOR NOR ITS SUPPLIERS SHALL BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR SHALL THEY BE LIABLE FOR EXEMPLARY DAMAGES OR LOST PROFITS. IN NO EVENT SHALL LICENSOR'S AND ITS SUPPLIERS' CUMULATIVE LIABILITY, REGARDLESS OF CAUSE OR FORM OF ACTION, EXCEED THE FEE PAID TO LICENSOR FOR LICENSEE'S USE OF THE SOFTWARE.

Software Export.

Licensee shall not export, directly or indirectly, the Software Package, technical data and/or direct products thereof (i) to any country that is not a signatory to the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention, (ii) to any country or person for which the U.S. government requires an export license or other approval without first obtaining such license or approval, or (iii) otherwise in violation of any U.S. export regulations

Government Use.

The Software Package is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (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) and is provided to the U.S. Government only as a commercial end item. 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 Licensees and end users acquire the Software Package with only those rights set forth herein.

Termination.

The license is effective until terminated. You may terminate it at any time by returning and/or destroying the Software Package together with all copies. This license will also terminate immediately without notice from Licensor if Licensee fails to comply with any provision of this Agreement. Licensee must destroy all copies of the Software Package, including any updates or prior versions, upon termination of this Agreement.

Controlling Law and Complete Agreement.

This Agreement shall be construed and interpreted under the laws of the State of Oregon, excluding the conflict of laws provisions and the United Nations Convention for the International Sale of Goods. If any provision of this Agreement, or portion thereof, is found to be unenforceable, such provision shall be enforced to the maximum extent possible and the remainder of this Agreement shall continue in full force and effect. This is the entire agreement between Licensee and Licensor with respect to the Software Package and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and may only be modified in writing executed by the parties.