FREEWARE LICENSE AGREEMENT

(This FREEWARE LICENSE AGREEMENT also appears on the License, Notes sheets in the Analog CMOS Design, Tradeoffs and Optimization design spreadsheets.)

FREEWARE LICENSE AGREEMENT, VERSION 2008-0

for Analog CMOS Design, Tradeoffs and Optimization design spreadsheets

ATTENTION. READ CAREFULLY:

By downloading, copying, or using the Analog CMOS Design, Tradeoffs and Optimization design spreadsheets or downloading, copying, using, or distributing their derivatives (pursuant to Section 2.2, you may only distribute derivatives), you agree to the following FREEWARE LICENSE AGREEMENT (“Agreement”).

1. LICENSE. David M. Binkley (“author”) hereby grants licensee (“you”) a non-exclusive license to use the Analog CMOS Design, Tradeoffs and Optimization design spreadsheets (“the spreadsheets”), copyrighted by the author, and their derivatives. “Derivatives” collectively refer to changes to the operation of the MOSFETs, Circuit Analysis (where present), Process, or License, Notes sheets in the spreadsheets, excluding changes in user inputs or the addition or deletion of spreadsheet columns for different MOSFETs or MOSFET models. “Derivatives” also collectively refer to changes to the spreadsheet software code (“software code”) or the addition of different sheets to the spreadsheets. Under the terms of this license, you may:

1.1. Use the spreadsheets or derivatives on any computer in your possession.

1.2. Make copies of the spreadsheets or derivatives for your own use.

2. LIMITATIONS ON LICENSE. The license granted in Section 1 is subject to the following restrictions:

2.1. The spreadsheets or derivatives may not be offered for sale or embedded within a product offered for sale.

2.2. The spreadsheets may not be distributed to others, but can be separately downloaded by others from the author (the intention here is to track the use of the spreadsheets). Derivatives may be distributed to others, although the author encourages spreadsheet downloads from the author as a way to track the use of the spreadsheets and derivatives.

2.3. The copyright notices located at the top of MOSFETs, Circuit Analysis (where present), Process, and License, Notes sheets and at the top of the software code must be preserved in the spreadsheets. For spreadsheet derivatives, a prominent notice, “Derived from the Analog CMOS Design, Tradeoffs and Optimization design spreadsheet, Copyright © 2000-2008 David M. Binkley”, must appear at the top of all derivative sheets and at the top of derivative software code.

2.4. The FREEWARE LICENSE AGREEMENT located on the License, Notes sheet must be preserved in the spreadsheets and derivatives.

2.5. When the spreadsheets are included in publications or presentations, credit should be given to the author. When derivatives are included in publications or presentations, credit should be given to the author for the original spreadsheets used for the derivatives.

3. NOT FOR ACTUAL DESIGN, NO WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION.

3.1. The spreadsheets and derivatives are intended for design guidance only, not for actual design, and do not correspond to any particular CMOS fabrication process. You must independently validate designs using MOS models and parameters appropriate for the actual fabrication process used.

3.2. Use of the spreadsheets or derivatives expressly indicates the assumption of risk that these should only be used for design guidance and should not be used for actual design or the validation of actual design. Additionally, use of the spreadsheets or derivatives expressly indicates acknowledgement of responsibility for independently validating designs using MOS models and parameters appropriate for the actual fabrication process used.

3.3. The spreadsheets and derivatives are provided without express or implied warranties that the information is accurate or reliable, and there are no warranties as to fitness for any particular purpose. The author accepts no responsibility or liability for loss or damage occasioned to any person or property through using the spreadsheets or derivatives, or acting or refraining from acting as a result of such use. The author expressly disclaims all implied warranties, including merchantability of fitness for any particular purpose. There will be no duty on the author to correct any errors or defects in the spreadsheets or derivatives.

3.4. You and those you distribute derivatives to (pursuant to Section 2.2, you may only distribute derivatives) shall defend, indemnify, and hold harmless the author from any claim, demand, liability, damage award, suit, judgment, or other legal action arising out of your use, distribution, modification, or duplication of the spreadsheets or derivatives.

4. TERMINATION. The license granted hereunder is effective until terminated by the author. You may terminate this license at any time by destroying all copies of the spreadsheets and derivatives. This license will terminate automatically if you do not comply with the limitations described above. On termination of the license, you must destroy all copies of the spreadsheets and derivatives.

5. EXPORT CONTROLS. None of the spreadsheets or derivatives may be downloaded or otherwise exported or re-exported into, or to a national or resident of, any country in violation of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data. By downloading or using the spreadsheets or derivatives, you are agreeing to the foregoing, and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country.

6. MISCELLANEOUS. This Agreement supersedes all prior agreements and representations between you and the author. This Agreement shall be construed and interpreted pursuant to the laws of the United States and the State of North Carolina. Any legal action, suit, or proceeding arising out of or relating to this Agreement or the breach thereof shall be instituted in a state court of competent jurisdiction in the State of North Carolina or in a federal court of competent jurisdiction in the State of North Carolina and each party hereby consents and submits to the personal jurisdiction of such court, waiving any objection to venue in such court.