From 78ed7785d418fad321e6064e0b57347b9a2ba65b Mon Sep 17 00:00:00 2001 From: Bertrand Jacquin Date: Thu, 21 Nov 2013 15:09:18 +0100 Subject: dev-util/coverity: Coverity provides the results of analysis on open source coding projects Package-Manager: portage-2.2.7 --- licenses/coverity-PLA | 356 ++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 356 insertions(+) create mode 100644 licenses/coverity-PLA (limited to 'licenses') diff --git a/licenses/coverity-PLA b/licenses/coverity-PLA new file mode 100644 index 00000000..aa464d2f --- /dev/null +++ b/licenses/coverity-PLA @@ -0,0 +1,356 @@ +COVERITY PRODUCT LICENSE AGREEMENT + +Version 2012.1 + +IMPORTANT INFORMATION - READ CAREFULLY + +UNLESS YOU HAVE OBTAINED PERMISSION TO USE THE SOFTWARE UNDER A SEPARATE, DULY SIGNED +LICENSE AGREEMENT OR AN EVALUATION LICENSE WITH COVERITY OR AN AUTHORIZED DISTRIBUTOR, +THE ACCOMPANYING SOFTWARE IS PROVIDED UNDER THE FOLLOWING TERMS AND CONDITIONS AND +ANY SUPPLEMENTAL TERMS REFERENCED BELOW AND YOUR RIGHT TO USE THE SOFTWARE IS +CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT. + +IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS AND YOU DO NOT HAVE A SEPARATE LICENSE +AGREEMENT AS REFERENCED ABOVE, YOU MAY NOT USE OR COPY THE SOFTWARE AND YOU MUST +DELETE ANY COPIES OF IT FROM YOUR SYSTEMS. IF YOU HAVE PAID A LICENSE FEE FOR USE OF THE +SOFTWARE AND DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY, WITHIN TEN (10) DAYS OF +YOUR INITIAL PURCHASE, REQUEST A REFUND FOR THE SOFTWARE, PROVIDED THAT YOU CERTIFY THAT +YOU HAVE NOT AND WILL NOT USE THE SOFTWARE AND THAT YOU HAVE DESTROYED ALL COPIES OF THE +SOFTWARE FROM YOUR SYSTEMS. + +1. SCOPE AND KEY TERMS. + +This is a legal agreement concerning your use of the Software described below. The rights granted to the Software are +expressly conditioned upon acceptance of these Terms and Conditions by the legal entity or person acquiring the license +and, if applicable, responsible for payment. If you are using the Software as an employee, the legal entity that employs +you is the "licensee." Your employer may have already accepted a version of these Terms and Conditions by signing an +Order Schedule referencing them. In all other circumstances, you are binding your employer, and yourself personally as an +employee, to these Terms and Conditions by using the Software. References below to "you" or "your" refer to the licensee +of the Software. Coverity is the "licensor," regardless of whether you received the Software from Coverity directly or an +authorized distributor. + +The Software is the proprietary information of Coverity or its suppliers who retain exclusive title to their intellectual +property rights in the Software. Your rights to the Software are limited to those expressly granted below and Coverity +reserves all rights not expressly granted in this Agreement. + +1.1 Order Schedules. The Terms and Conditions set forth in this Coverity Product License Agreement and the Order +Schedule(s) accepted by both you and Coverity contain all terms and conditions applicable to your use of the Software +(collectively, the "Agreement"). An "Order Schedule" is a document from Coverity or its authorized distributor which +references the applicable Coverity Product License Agreement and identifies the specific Software and rights being +licensed to you under those terms, including the License Type, quantity, license term, territory and the Code Base. The +Order Schedule also sets forth the fees and payment terms for the Software licenses (the "license transaction"). You must +refer to a copy of the applicable Order Schedule to determine these conditions of the Agreement. If you do not receive any +other document executed by Coverity referencing the license transaction, a Coverity invoice referencing this Agreement +and issued in response to your correct purchase order shall be Coverity’s acceptance of the license transaction. +Additionally, the license term and/or maintenance and support term for specific Software identified in an Order Schedule +may be renewed by issuance of Coverity invoice referencing this Agreement and the applicable Order Schedule in response +to a correct Customer purchase order for such renewal. Additional or different terms on your purchase order shall not +apply. + +1.2 "Authorized User" means a party’s, and its wholly-owned subsidiaries’, employee or authorized contractor: (a) +whose duties require access to or use of the Software or Confidential Information for the benefit of that party; and (b) +whose legal obligations to protect confidential and proprietary information require protection of the Software and +Confidential Information to at least the same extent as set out in this Agreement. For clarity, the Customer shall not +appoint a third party licensor of portions of the Code Base identified in an applicable Order Schedule as an Authorized +User. + +1.3 "Code Base" means those portions of your software identified in an applicable Order Schedule by reference to +the name of the product, project or package and a number of lines of code, if applicable. + +1.4 "Documentation" means the user documentation, in written, electronic or other format, which describes the +Software and its operation and which Coverity makes generally available to its licensed customers for use with the +Software. + +1.5 "License Type" means the usage rights purchased under the applicable Order Schedule. License Types offered by +Coverity from time to time can be found at www.coverity.com/licensetype.html. + +1.6 "Software" means the specific products provided by Coverity and listed in an Order Schedule and (a) all related +Documentation, and (b) all updates, modifications and maintenance services provided to you. + +2. LICENSE. + +2.1 License Grant and Applicable Fees and Delivery. Subject to your compliance with the terms and conditions of +this Agreement, Coverity grants you a nonexclusive, non-transferable license, solely during the license term and in the +territory set out in the applicable Order Schedule, to (a) use and operate the Software to the extent permitted by your +payment of applicable fees for the License Type purchased, solely for the purpose of developing, analyzing, building or +testing the Code Base, and (b) copy the Software as reasonably necessary to exercise the license rights granted in +subsection (a), including making a reasonable number of copies for backup and archival purposes. All applicable fees are +owed upon the effective date of the applicable Order Schedule, are non-refundable upon such date, and are payable in +accordance with the payment schedule set out in the applicable Order Schedule. Fees payable are net amounts, without +deduction for taxes or duties. Customer will pay taxes and duties (including but not limited to sales, use and withholding +taxes) associated with its purchases under this Order Schedule, except for Coverity’s net income taxes. Where practical, +Coverity will deliver Software electronically and delivery will be deemed to occur upon the Software being available for +electronic download. Delivery of any tangible media will be made F.O.B. point of shipment. + +2.2 Conditions. The rights granted to you above are conditional upon your compliance with the following +obligations: + +a. You will not copy Coverity’s software products or documentation, in whole or in part, except as +expressly authorized in this Agreement. + +b. You will not transfer, assign, lease, lend or rent Coverity’s software products or documentation, use +them to provide service bureau, time-sharing or other services, or otherwise provide or make the +functionality thereof available to third parties except as expressly authorized in this Agreement. + +c. You will not disassemble, decompile, reverse engineer, modify or create derivative works of Coverity’s +software products or documentation nor permit any third party to do so, except to the extent such +restrictions are prohibited by applicable mandatory local law. + +d. You will not allow access or use of the Software by, and will not display the Software’s user interfaces +to, anyone other than the Authorized Users, without Coverity’s prior express written consent. + +e. You will not disclose to any third party any comparison of the results of operation of Coverity’s +software products with other products. + +f. You will not delete or in any manner alter the copyright, trademark or other proprietary rights notices +appearing on the Software as delivered by Coverity. You will reproduce such notices on all copies you are +authorized to make of the Software. + +g. Your use of the Software is time-limited to the licensed term set out in the applicable Order Schedule, +and such use and access may be monitored and regulated through a license management tool (a "License +Manager"). The License Manager will report such data (collectively, “Use and Compliance Data”) to +Coverity. You will not install or use the Software in a manner that circumvents or interferes with the +operation of the License Manager or any other technological measure that controls access to the Software. +Some configurations may require the License Manager to be installed only on designated servers. For +those configurations, Coverity will support two changes to the designated servers during any twelve +month period upon prior written notice. + +2.3. Offsite Contractors. You may allow Authorized Users that are offsite contractors to access and use the Software solely +for your benefit in accordance with this Agreement provided that: (a) you are responsible for the acts and omissions of its +offsite contractors with respect to Software licensed under this Agreement; (b) you ensure that the Software is completely +and irretrievably uninstalled from any offsite contractor’s equipment and premises (except for those modules necessary to +view results and other data generated from using the Software) immediately upon completion of the offsite contractor’s +services requiring use of the Software; and (c) you have an agreement in place with the offsite contractor requiring that the +offsite contractor protect Coverity’s Software, Confidential Information and intellectual property at least to the same +extent as set forth in this Agreement. You acknowledge that Coverity has no warranty or other obligations to your offsite +contractors. + +2.4. Special Terms for Third Party Software. The Software may contain open source or community source software +("Open Source Software") provided under separate license terms (the "Open Source License Terms"). The applicable Open +Source License Terms are identified in a directory named "Licenses" provided with the delivery of the Software. Your use +of the Open Source Software in conjunction with the Software in a manner consistent with the terms of this Agreement is +permitted, however, you may have broader rights under the applicable Open Source License Terms and nothing in this +Agreement is intended to impose further restrictions on your use of the Open Source Software. + +2.5. Feedback and Analytics. You may choose to, but are not required to, provide suggestions, data, feedback and other +information to Coverity, its subcontractors or authorized distributors regarding possible improvements in the operation, +functionality or use of Coverity’s software products. You hereby grant to Coverity, its subcontractors and authorized +distributors, without charge, the right to use, copy, modify and create derivative works of any such suggestions, data, +feedback and information solely for the purpose of (i) improving the operation, functionality or use of its existing and +future product offerings and commercializing such offerings; and (ii) publishing aggregated statistics about software +quality, provided that no data in any such publication can be used to specifically identify you, your employer or your +software code. + +3. CONFIDENTIALITY. + +3.1. Confidential Information. "Confidential Information" means: (a) each party’s software products, in byte code or +source code form; (b) any authorization keys and passwords delivered in order to operate such products; (c) +Documentation, product road maps and development plans, and product pricing information; (d) any business, technical +or training information of a party that, if disclosed in writing, is marked "confidential" or "proprietary" at the time of +disclosure, or, if disclosed orally, is identified as "confidential" or "proprietary" at the time of disclosure, and is +summarized in a writing sent by the disclosing party to the other party within thirty (30) days of such disclosure; and +(e) the specific business terms and pricing set forth in any quotation, Order Schedule or this Agreement. + +3.2. Exclusions. Confidential Information does not include information that: (a) is or becomes generally known or +available to the public through no act or omission of the party receiving Confidential Information ("Receiving Party"); +(b) is rightfully known by the Receiving Party prior to receiving such information from the other party ("Disclosing +Party") and without restriction as to use or disclosure; (c) is independently developed by the Receiving Party without use +of the Disclosing Party’s Confidential Information and without breach of this Agreement; or (d) is rightfully received by +the Receiving Party from a third party without restriction on use or disclosure. The existence of this Agreement and the +nature of the business relationship between the parties are not considered Confidential Information. + +3.3. Use and Disclosure Restrictions. Receiving Party will not use the Disclosing Party’s Confidential Information +except as necessary to exercise the rights granted under this Agreement or to evaluate opportunities to license additional +Software pursuant to this Agreement, and will not disclose such Confidential Information to any person or entity except to +its Authorized Users. The foregoing obligations will not restrict either party from disclosing Confidential Information of +the other party: (a) pursuant to the order or requirement of a court, administrative agency, or other governmental body, +provided that the party required to make such a disclosure gives reasonable notice to the other party to contest such order +or requirement; and (b) on a confidential basis to its legal or financial advisors that need to know in order to provide +business advice to such party. In addition, each party may disclose the terms and conditions of this Agreement: (i) as +required under applicable securities regulations; and (ii) on a confidential basis to present or future providers of venture +capital and potential private investors in or acquirers of such party. + +3.4. Right of Equitable Relief. The parties acknowledge that violations of the covenants and obligations of this +Agreement may cause the non-breaching party irreparable injury for which an adequate remedy at law may not be available. +Therefore, the non-breaching party shall be entitled to seek all remedies that may be available under equity, including +immediate injunctive relief, in addition to whatever remedies may be available at law. + +4. WARRANTY. + +4.1. Limited Software Warranty. Subject to the remainder of this Section 4, for a period of forty-five (45) days from the +earlier of the date that the Software is first made available to You for download or Your receipt of the Software pursuant to +an Order Schedule, Coverity represents and warrants that, (a) the media on which the Software is delivered will be free of +defects in material and workmanship, (b) the Software will substantially conform to the functional specifications set forth +in the applicable Documentation, and (c) it has used commercially available virus-detection software to scan the Software, +and it has not knowingly introduced into the Software any virus, Trojan horse, trap door, or other code that is intended to +cause harm to your Code Base or other systems. + +4.2. Sole Remedy. If, during the warranty period set forth in Section 4.1, Coverity receives written notice from you of non- +conformity of the Software with the warranty set forth in Section 4.1, Coverity will, as your sole and exclusive remedy and +Coverity’s entire liability for such non-conformity: (a) deliver a correction or workaround for the non-conformity; or +(b) if Coverity is unable to deliver such a correction or workaround, provide written notice to you and, upon your return or +confirmed destruction of all copies of the non-conforming Software to Coverity, refund the license fees paid by you for +such non-conforming Software. THE FOREGOING STATES YOUR SOLE AND EXCLUSIVE REMEDY FOR WARRANTY +CLAIMS RELATED TO THE SOFTWARE. + +4.3. Disclaimer. Coverity does not warrant that the Software will meet your requirements, that the Software will operate in +combinations with equipment, devices, software or systems provided by persons other than Coverity, that the operation of +the Software will be error-free or uninterrupted, or that the Software will discover all errors and vulnerabilities that may +reside in the Code Base. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COVERITY AND ITS SUPPLIERS +DISCLAIM ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, +INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY +QUALITY, ACCURACY OR COMPLETENESS OF RESULTS, CONFORMANCE WITH DESCRIPTION, AND NONINFRINGEMENT. +COVERITY AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, +CONDITIONS AND REPRESENTATIONS ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. + +5. INDEMNIFICATION. + +5.1. Infringement Indemnity. Coverity will defend or settle any action brought against you by paying all costs, damages +and reasonable attorneys’ fees that are finally awarded against you to the extent those amounts are based upon a third +party claim that the Software, as provided by Coverity to you under this Agreement and used in accordance with this +Agreement, directly infringes any U.S. patent or any copyright or misappropriates any trade secret. However, Coverity’s +obligations under this section are subject to the following conditions: (a) you must promptly notify Coverity in writing +of the action; (b) you grant Coverity sole control of the defense and settlement of the action; and (c) you must provide +Coverity, at Coverity’s expense, with all assistance, information and authority reasonably requested for the defense and +settlement of the action. Coverity will not be responsible for any compromise made or expense incurred without its +consent. If use of any of the Software is, or in Coverity’s reasonable opinion is likely to be, the subject of an action +specified in this Section 5.1, Coverity may, at its sole option and at no additional charge: (i) procure for you the right to +continue using such Software; (ii) replace or modify such Software so that it is non-infringing and substantially +equivalent in function to the original Software; or (iii) if options (i) and (ii) above are not accomplished despite +Coverity’s reasonable efforts, terminate your rights and Coverity’s obligations hereunder with respect to such Software +and refund the unamortized portion of the license fees paid for such Software, based upon a straight-line depreciation over +the term of the license commencing as of the date you received such Software. + +5.2. Exclusions. Notwithstanding the terms of Section 5.1, Coverity will have no liability for any infringement or +misappropriation action or claim of any kind to the extent that it results from: (a) modifications to the Software made by a +party other than Coverity, if the infringement or misappropriation would not have occurred but for such modifications; +(b) the combination, operation or use of the Software with equipment, devices, software, systems or data not supplied by +Coverity, if the infringement or misappropriation would not have occurred but for such combination, operation or use; +(c) your failure to use updated or modified Software provided by Coverity to avoid infringement or misappropriation; +(d) Coverity’s compliance with any designs or specifications provided by you; (e) your use of the Software other than as +authorized by this Agreement. + +5.3. Sole Remedy. THE PROVISIONS OF THIS SECTION 5 SET FORTH COVERITY’S SOLE AND EXCLUSIVE +OBLIGATIONS, AND YOUR SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO INFRINGEMENT OR +MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF ANY KIND. EXCEPT AS SET FORTH ABOVE, +COVERITY AND ITS SUPPLIERS DISCLAIM ALL IMPLIED OBLIGATIONS WITH RESPECT TO INTELLECTUAL +PROPERTY INDEMNIFICATION. + +6. LIMITATION OF LIABILITY. + +6.1 Exclusion of Damages. Notwithstanding anything to the contrary, this Agreement does not limit liability due to +death or personal injury caused by gross negligence, or liability due to fraudulent misrepresentations or willful +misconduct, or liability arising from breaches of confidentiality obligations or license grants or conditions hereunder. +SUBJECT TO THE FOREGOING SENTENCE, IN NO EVENT WILL EITHER PARTY, OR ITS SUPPLIERS, BE LIABLE TO THE +OTHER FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF +USE, DATA, BUSINESS OR PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS) OR FOR the cost of procuring +substitute products OR SERVICES ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON CONTRACT, +WARRANTY, TORT (INCLUDING NEGLIGENCE), FAILURE OF A REMEDY TO ACCOMPLISH ITS PURPOSE, STRICT +LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You may have other +rights under applicable mandatory local laws. This Agreement does not change your rights under applicable mandatory +local laws if such laws do not permit it to do so. + +6.2 Cap on Liability. IN NO EVENT WILL COVERITY OR ITS SUPPLIERS’ AGGREGATE LIABILITY UNDER THIS +AGREEMENT, OR RELATING TO ITS SUBJECT MATTER, EXCEED, FOR THE SOFTWARE, THE AMOUNT PAID BY YOU +FOR THE SOFTWARE GIVING RISE TO THE CLAIM, AND WITH RESPECT TO SERVICES, THE AMOUNT PAID BY YOU +FOR THE SERVICES GIVING RISE TO THE CLAIM. + +7. EXPIRATION AND TERMINATION. + +7.1. Termination for Breach. Either party will have the right to terminate this Agreement or any Order Schedule if the +other party breaches any material term of the Agreement or Order Schedule, as the case may be, and if such breach is capable +of cure, the breaching party fails to cure such breach within thirty (30) days after receiving written notice thereof. Either +party will have the right to terminate this Agreement if the other becomes insolvent or makes an assignment for the benefit +of creditors, or a trustee or receiver is appointed for such other party or for a substantial part of its assets, or bankruptcy, +reorganization or insolvency proceedings shall be instituted by or against such other party. Termination of this +Agreement under this section terminates all Order Schedules and Software licenses granted hereunder. + +7.2. Effect of Termination or Expiration. Upon termination or expiration of this Agreement or an Order Schedule, all +Software licenses and rights to use Confidential Information that are granted thereunder shall terminate. Upon termination +of this Agreement or expiration of the license term in any Order Schedule, you will: (a) promptly return to Coverity or +destroy the applicable Software and Confidential Information and all copies and portions thereof, in all forms and types of +media; and (b) promptly pay all fees owing up to the date of termination. + +7.3. Survival. Sections 1, 2.2, 2.4, 2.5, 3, 4.3, 5.3, 6, 7.2, 7.3 and 8, will survive the termination or expiration of this +Agreement or of any Order Schedule. + +8. GENERAL. + +8.1. Promotion. Unless otherwise provided in the Order Schedule, you agree that Coverity may use your name and logo +(in a form you approve) to identify you as a customer on Coverity’s website or in marketing or publicity materials or in +any filings made in connection with state or federal securities laws. Additionally, upon acceptance of this Agreement, the +parties will use commercially reasonable efforts to issue mutually agreed upon joint press releases or other public +communications announcing Customer’s entry into this Agreement. + +8.2. Services. If Coverity provides any onsite support services to Customer (the “Services”), the Services shall be +governed by the Coverity Onsite Support Services Terms attached to this Agreement. In the event that the Coverity Onsite +Support Services Terms are not included herein (as an addendum hereto or otherwise), the terms for Onsite Support +Services, are hereby incorporated herein by reference, and are available at http://www.coverity.com/html/ +onsite_support_services_terms.html, or as otherwise indicated in the Order Schedule. + +8.3. Export Control. You agree to comply fully with all relevant export laws and regulations, including those of the +United States and the Member States of the European Union. These laws include restrictions on destinations, end-users +and end use. you will ensure that neither the Software, nor any direct product thereof are: (a) exported or re-exported +directly or indirectly in violation of applicable export laws; or (b) used for any purposes prohibited by applicable export +laws, including but not limited to nuclear, chemical, or biological weapons proliferation. You will, at Coverity’s request, +demonstrate compliance with all such applicable export laws, restrictions, and regulations. + +8.4. Assignment. You may not assign this Agreement, in whole or in part, by operation of law or otherwise. Any attempt to +assign this Agreement without such consent will be void and of no effect. Subject to the foregoing, this Agreement will +bind and inure to the benefit of each party’s permitted successors and assigns. + +8.5. Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of +the State of California excluding that body of laws known as conflicts of law. The parties expressly agree that the United +Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding +arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of +California and you and Coverity irrevocably consent to the personal jurisdiction and venue therein. + +8.6. Verification and Audit. In addition to the Use and Compliance Data collected by the License Manager, Customer will +monitor and track access to and use of the Software. At Coverity’s written request, you will furnish Coverity with (a) a +certification signed by an officer of your company providing user or access information that identifies whether the +Software is being used in accordance with the terms of this Agreement and the applicable Order Schedules, and (b) log files +from any License Manager that regulates access to the Software. Upon at least thirty (30) days prior written notice, +Coverity may engage, at its expense, an independent auditor to audit your use of the Software to ensure that you are in +compliance with the terms of this Agreement and the applicable Order Schedules. Any such audit will be conducted during +regular business hours at your facilities and will not unreasonably interfere with your business activities. You will +provide the auditor with access to the relevant records and facilities. If an audit reveals that you have underpaid fees to +Coverity during the period audited, then Coverity will invoice you, and you will promptly pay Coverity for such +underpaid fees based on Coverity’s price list in effect at the time the audit is completed. If the underpaid fees exceed five +percent (5%) of the license fees paid by you for the Software, then you will also pay Coverity’s costs of conducting the +audit. + +8.7. Nonexclusive Remedy. Except as expressly set forth in this Agreement, the exercise by either party of any of its +remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. + +8.8. Force Majeure. Neither party will be responsible for any failure or delay in its performance under this Agreement +(except for any payment obligations) due to causes beyond its reasonable control, including, but not limited to, labor +disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, terrorism, riot, +natural disasters or governmental action. + +8.9. Notices. All notices required or permitted under this Agreement will be in writing. Notices will be effective upon +delivery if delivered in person and upon mailing if delivered by courier service, overnight delivery services or by a form +of certified or express mail. Notices affecting this Agreement as a whole will be sent to the address set forth above, if any, +or to such other address of a party as such a party may identify in writing; notices related to a particular transaction will be +sent to the primary corporate addresses set forth in the Order Schedule or to such other address as you or Coverity may +notify the other party in writing. + +8.10. Entire Agreement; Modification; Interpretation. This Agreement, including any Addendums hereto and any +Statements of Work attached thereto, and all accepted Order Schedules referencing this Agreement, constitute the complete +and exclusive understanding and agreement between you and Coverity regarding its subject matter and supersedes all +prior or contemporaneous agreements or understandings, written or oral, relating to its subject matter. You agree that +additional or different terms on your purchase order shall not apply. Failure to enforce any provision of this Agreement +will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment +of this Agreement will be effective only if in writing and signed by you and an authorized representative of Coverity. If +for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that +provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in +full force and effect. The word "including" when used in this Agreement will mean including without limitation of the +generality of any description, definition, term or phrase preceding that word. + +8.11. U.S. Government Restricted Rights. The Software is “Commercial Computer Software” as defined under FAR +252.227-7014.  For Customers subject to the Defense Federal Acquisition Resolutions (DFAR), the Commercial Computer +Software and associated documentation are sold pursuant to Coverity's standard commercial license pursuant to DFARS +227.7202-1.Commercial Products.   For all other government customers, use, duplication, or disclosure by the U.S. +Government is subject to restrictions set forth in subparagraph (b)(2) of Commercial Computer Software License 48 CFR +52.227-19, as applicable. + +END OF TERMS -- cgit v1.2.3