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authorTom Hochstein <tom.hochstein@nxp.com>2020-09-09 11:52:15 -0700
committerOtavio Salvador <otavio@ossystems.com.br>2020-09-23 23:42:37 -0300
commit984a5e67b9df0ca737df8bee970775295ab8c72f (patch)
tree12ee64e4acb3b972f0c5237533c9b9ad14dc6c24
parent84cb357397748012d312d7b65161ba2f8af60dfc (diff)
downloadmeta-freescale-984a5e67b9df0ca737df8bee970775295ab8c72f.tar.gz
EULA: Update to LA_OPT_NXP_Software_License v11 February 2020
Update the EULA file in the layer and the corresponding variable in fsl-eula-unpack.bbclass. Signed-off-by: Tom Hochstein <tom.hochstein@nxp.com>
-rw-r--r--EULA106
-rw-r--r--classes/fsl-eula-unpack.bbclass2
2 files changed, 53 insertions, 55 deletions
diff --git a/EULA b/EULA
index 402c87ca..4e0774e6 100644
--- a/EULA
+++ b/EULA
@@ -1,4 +1,4 @@
1LA_OPT_NXP_Software_License v10 December 2019 1LA_OPT_NXP_Software_License v11 February 2020
2 2
3IMPORTANT. Read the following NXP Software License Agreement ("Agreement") 3IMPORTANT. Read the following NXP Software License Agreement ("Agreement")
4completely. By selecting the "I Accept" button at the end of this page, or by 4completely. By selecting the "I Accept" button at the end of this page, or by
@@ -196,32 +196,24 @@ or limitation on use or subsequent modification. Notwithstanding the foregoing,
196you will have the license rights granted in Section 2 hereto to any such 196you will have the license rights granted in Section 2 hereto to any such
197modifications made by you or your subcontractor. 197modifications made by you or your subcontractor.
198 198
1996. PATENT COVENANT NOT TO SUE. As partial, material consideration for the 1996. ESSENTIAL PATENTS. NXP has no obligation to identify or obtain any
200rights granted to you under this Agreement, you covenant not to sue or
201otherwise assert your patents against NXP or an NXP Affiliate, or a NXP
202licensee of the Licensed Software for infringement of your Intellectual
203Property Rights by the manufacture, use, sale, offer for sale, importation or
204other disposition or promotion of the Licensed Software and/or any
205redistributed portions of the Licensed Software.
206
2077. ESSENTIAL PATENTS. NXP has no obligation to identify or obtain any
208license to any Intellectual Property Right of a third-party that may be 200license to any Intellectual Property Right of a third-party that may be
209necessary for use in connection with technology that is incorporated into the 201necessary for use in connection with technology that is incorporated into the
210Authorized System (whether or not as part of the Licensed Software). 202Authorized System (whether or not as part of the Licensed Software).
211 203
2128. TERM AND TERMINATION. This Agreement will remain in effect unless 2047. TERM AND TERMINATION. This Agreement will remain in effect unless
213terminated as provided in this Section. 205terminated as provided in this Section.
214 206
2158.1. You may terminate this Agreement immediately upon written notice 2077.1. You may terminate this Agreement immediately upon written notice
216to NXP at the address provided below. 208to NXP at the address provided below.
217 209
2188.2. Either party may terminate this Agreement if the other party is in 2107.2. Either party may terminate this Agreement if the other party is in
219default of any of the terms and conditions of this Agreement, and termination 211default of any of the terms and conditions of this Agreement, and termination
220is effective if the defaulting party fails to correct such default within 30 212is effective if the defaulting party fails to correct such default within 30
221days after written notice thereof by the non-defaulting party to the defaulting 213days after written notice thereof by the non-defaulting party to the defaulting
222party at the address below. 214party at the address below.
223 215
2248.3. Notwithstanding the foregoing, NXP may terminate this Agreement 2167.3. Notwithstanding the foregoing, NXP may terminate this Agreement
225immediately upon written notice if you: breach any of your confidentiality 217immediately upon written notice if you: breach any of your confidentiality
226obligations or the license restrictions under this Agreement; become bankrupt, 218obligations or the license restrictions under this Agreement; become bankrupt,
227insolvent, or file a petition for bankruptcy or insolvency; make an assignment 219insolvent, or file a petition for bankruptcy or insolvency; make an assignment
@@ -229,17 +221,17 @@ for the benefit of its creditors; enter proceedings for winding up or
229dissolution; are dissolved; or are nationalized or become subject to the 221dissolution; are dissolved; or are nationalized or become subject to the
230expropriation of all or substantially all of your business or assets. 222expropriation of all or substantially all of your business or assets.
231 223
2328.4. Upon termination of this Agreement, all licenses granted under 2247.4. Upon termination of this Agreement, all licenses granted under
233Section 2 will expire. 225Section 2 will expire.
234 226
2358.5. After termination of this Agreement by either party you will 2277.5. After termination of this Agreement by either party you will
236destroy all parts of Licensed Software and its Derivative Works (if any) and 228destroy all parts of Licensed Software and its Derivative Works (if any) and
237will provide to NXP a statement certifying the same. 229will provide to NXP a statement certifying the same.
238 230
2398.6. Notwithstanding the termination of this Agreement for any reason, 2317.6. Notwithstanding the termination of this Agreement for any reason,
240the terms of Sections 1 and 3 through 25 will survive. 232the terms of Sections 1 and 3 through 24 will survive.
241 233
2429. SUPPORT. NXP is not obligated to provide any support, upgrades or 2348. SUPPORT. NXP is not obligated to provide any support, upgrades or
243new releases of the Licensed Software under this Agreement. If you wish, you 235new releases of the Licensed Software under this Agreement. If you wish, you
244may contact NXP and report problems and provide suggestions regarding the 236may contact NXP and report problems and provide suggestions regarding the
245Licensed Software. NXP has no obligation to respond to such a problem report or 237Licensed Software. NXP has no obligation to respond to such a problem report or
@@ -247,7 +239,7 @@ suggestion. NXP may make changes to the Licensed Software at any time, without
247any obligation to notify or provide updated versions of the Licensed Software 239any obligation to notify or provide updated versions of the Licensed Software
248to you. 240to you.
249 241
25010. NO WARRANTY. To the maximum extent permitted by law, NXP expressly 2429. NO WARRANTY. To the maximum extent permitted by law, NXP expressly
251disclaims any warranty for the Licensed Software. The Licensed Software is 243disclaims any warranty for the Licensed Software. The Licensed Software is
252provided "AS IS", without warranty of any kind, either express or implied, 244provided "AS IS", without warranty of any kind, either express or implied,
253including without limitation the implied warranties of merchantability, fitness 245including without limitation the implied warranties of merchantability, fitness
@@ -255,15 +247,15 @@ for a particular purpose, or non-infringement. You assume the entire risk
255arising out of the use or performance of the licensed software, or any systems 247arising out of the use or performance of the licensed software, or any systems
256you design using the licensed software (if any). 248you design using the licensed software (if any).
257 249
25811. INDEMNITY. You agree to fully defend and indemnify NXP from all 25010. INDEMNITY. You agree to fully defend and indemnify NXP from all
259claims, liabilities, and costs (including reasonable attorney's fees) related 251claims, liabilities, and costs (including reasonable attorney's fees) related
260to (1) your use (including your subcontractor's or distributee's use, if 252to (1) your use (including your subcontractor's or distributee's use, if
261permitted) of the Licensed Software or (2) your violation of the terms and 253permitted) of the Licensed Software or (2) your violation of the terms and
262conditions of this Agreement. 254conditions of this Agreement.
263 255
26412. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A BREACH OF 25611. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A BREACH OF
265SECTION 2 (LICENSE GRANTS), SECTION 3 (LICENSE LIMITATIONS AND RESTRICTIONS), 257SECTION 2 (LICENSE GRANTS), SECTION 3 (LICENSE LIMITATIONS AND RESTRICTIONS),
266SECTION 17 (CONFIDENTIAL INFORMATION), OR CLAIMS UNDER SECTION 11(INDEMNITY), 258SECTION 16 (CONFIDENTIAL INFORMATION), OR CLAIMS UNDER SECTION 10 (INDEMNITY),
267IN NO EVENT WILL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, TORT, OR 259IN NO EVENT WILL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, TORT, OR
268OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE 260OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE
269DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF 261DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF
@@ -274,7 +266,7 @@ WITH THIS AGREEMENT OR PRODUCT(S) SUPPLIED UNDER THIS AGREEMENT IS LIMITED TO
274THE AGGREGATE AMOUNT PAID BY YOU TO NXP IN CONNECTION WITH THE LICENSED 266THE AGGREGATE AMOUNT PAID BY YOU TO NXP IN CONNECTION WITH THE LICENSED
275SOFTWARE PROVIDED UNDER THIS AGREEMENT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. 267SOFTWARE PROVIDED UNDER THIS AGREEMENT TO WHICH LOSSES OR DAMAGES ARE CLAIMED.
276 268
27713. EXPORT COMPLIANCE. Each party shall comply with all applicable 26912. EXPORT COMPLIANCE. Each party shall comply with all applicable
278export and import control laws and regulations including but not limited to the 270export and import control laws and regulations including but not limited to the
279US Export Administration Regulation (including prohibited party lists issued by 271US Export Administration Regulation (including prohibited party lists issued by
280other federal governments), Catch-all regulations and all national and 272other federal governments), Catch-all regulations and all national and
@@ -288,9 +280,9 @@ such transfer, diversion, export or re-export is restricted or prohibited,
288without obtaining prior written authorization from the applicable competent 280without obtaining prior written authorization from the applicable competent
289government authorities to the extent required by those laws. 281government authorities to the extent required by those laws.
290 282
29114. GOVERNMENT CONTRACT COMPLIANCE 28313. GOVERNMENT CONTRACT COMPLIANCE
292 284
29314.1. If you sell Authorized Systems directly to any government or public 28513.1. If you sell Authorized Systems directly to any government or public
294entity, including U.S., state, local, foreign or international governments or 286entity, including U.S., state, local, foreign or international governments or
295public entities, or indirectly via a prime contractor or subcontractor of such 287public entities, or indirectly via a prime contractor or subcontractor of such
296governments or entities, NXP makes no representations, certifications, or 288governments or entities, NXP makes no representations, certifications, or
@@ -298,7 +290,7 @@ warranties whatsoever about compliance with government or public entity
298acquisition statutes or regulations, including, without limitation, statutes or 290acquisition statutes or regulations, including, without limitation, statutes or
299regulations that may relate to pricing, quality, origin or content. 291regulations that may relate to pricing, quality, origin or content.
300 292
30114.2. The Licensed Software has been developed at private expense and is a 29313.2. The Licensed Software has been developed at private expense and is a
302"Commercial Item" as defined in 48 C.F.R. Section 2.101, consisting of 294"Commercial Item" as defined in 48 C.F.R. Section 2.101, consisting of
303"Commercial Computer Software", and/or "Commercial Computer Software 295"Commercial Computer Software", and/or "Commercial Computer Software
304Documentation," as such terms are used in 48 C.F.R. Section 12.212 (or 48 296Documentation," as such terms are used in 48 C.F.R. Section 12.212 (or 48
@@ -309,20 +301,25 @@ Licensed Software will include a provision that reiterates the limitations of
309this document and requires all sub-agreements to similarly contain such 301this document and requires all sub-agreements to similarly contain such
310limitations. 302limitations.
311 303
31215. CRITICAL APPLICATIONS 30414. CRITICAL APPLICATIONS. In some cases, NXP may promote certain
313 305software for use in the development of, or for incorporation into, products or
31415.1. You make the ultimate design decisions regarding your products and 306services (a) used in applications requiring fail-safe performance or (b) in
315are solely responsible for compliance with all legal, regulatory, safety, and 307which failure could lead to death, personal injury, or severe physical or
316security related requirements concerning your products, regardless of any 308environmental damage (these products and services are referred to as "Critical
317information or support that may be provided by NXP. The Licensed Software is 309Applications"). NXP's goal is to educate customers so that they can design
318not designed for use in connection with products, applications, or systems 310their own end-product solutions to meet applicable functional safety standards
319where a failure could cause personal injury or death. If Licensee's, or 311and requirements. Licensee makes the ultimate design decisions regarding its
320Licensee's contractors or distributees, permit use of the Licensed Software for 312products and is solely responsible for compliance with all legal, regulatory,
321such products, applications, or systems, Licensee agrees to indemnify NXP and 313safety, and security related requirements concerning its products, regardless
322its officers and employees from all liability, including attorneys' fees and 314of any information or support that may be provided by NXP. As such, Licensee
323costs. 315assumes all risk related to use of the Licensed Software in Critical
324 316Applications and NXP SHALL NOT BE LIABLE FOR ANY SUCH USE IN CRITICAL
32516. CHOICE OF LAW; VENUE. This Agreement will be governed by, 317APPLICATIONS BY LICENSEE. Accordingly, Licensee will indemnify and hold NXP
318harmless from any claims, liabilities, damages and associated costs and
319expenses (including attorneys' fees) that NXP may incur related to Licensee’s
320incorporation of the Licensed Software in a Critical Application.
321
32215. CHOICE OF LAW; VENUE. This Agreement will be governed by,
326construed, and enforced in accordance with the laws of The Netherlands, without 323construed, and enforced in accordance with the laws of The Netherlands, without
327regard to conflicts of laws principles, will apply to all matters relating to 324regard to conflicts of laws principles, will apply to all matters relating to
328this Agreement or the Licensed Software, and you agree that any litigation will 325this Agreement or the Licensed Software, and you agree that any litigation will
@@ -330,7 +327,7 @@ be subject to the exclusive jurisdiction of the courts of Amsterdam, The
330Netherlands. The United Nations Convention on Contracts for the International 327Netherlands. The United Nations Convention on Contracts for the International
331Sale of Goods will not apply to this document. 328Sale of Goods will not apply to this document.
332 329
33317. CONFIDENTIAL INFORMATION. Subject to the license grants and 33016. CONFIDENTIAL INFORMATION. Subject to the license grants and
334restrictions contained herein, you must treat the Licensed Software as 331restrictions contained herein, you must treat the Licensed Software as
335confidential information and you agree to retain the Licensed Software in 332confidential information and you agree to retain the Licensed Software in
336confidence perpetually. You may not disclose any part of the Licensed Software 333confidence perpetually. You may not disclose any part of the Licensed Software
@@ -347,16 +344,16 @@ disclose the minimum of the required information, and that you allow NXP the
347opportunity to object to such court or other legal body requiring such 344opportunity to object to such court or other legal body requiring such
348disclosure. 345disclosure.
349 346
35018. TRADEMARKS. You are not authorized to use any NXP trademarks, brand 34717. TRADEMARKS. You are not authorized to use any NXP trademarks, brand
351names, or logos. 348names, or logos.
352 349
35319 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement 35018. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
354between you and NXP regarding the subject matter of this Agreement, and 351between you and NXP regarding the subject matter of this Agreement, and
355supersedes all prior communications, negotiations, understandings, agreements 352supersedes all prior communications, negotiations, understandings, agreements
356or representations, either written or oral, if any. This Agreement may only be 353or representations, either written or oral, if any. This Agreement may only be
357amended in written form, signed by you and NXP. 354amended in written form, signed by you and NXP.
358 355
35920. SEVERABILITY. If any provision of this Agreement is held for any 35619. SEVERABILITY. If any provision of this Agreement is held for any
360reason to be invalid or unenforceable, then the remaining provisions of this 357reason to be invalid or unenforceable, then the remaining provisions of this
361Agreement will be unimpaired and, unless a modification or replacement of the 358Agreement will be unimpaired and, unless a modification or replacement of the
362invalid or unenforceable provision is further held to deprive you or NXP of a 359invalid or unenforceable provision is further held to deprive you or NXP of a
@@ -365,11 +362,11 @@ invalid or unenforceable provision will be replaced with a provision that is
365valid and enforceable and that comes closest to the intention underlying the 362valid and enforceable and that comes closest to the intention underlying the
366invalid or unenforceable provision. 363invalid or unenforceable provision.
367 364
36821. NO WAIVER. The waiver by NXP of any breach of any provision of this 36520. NO WAIVER. The waiver by NXP of any breach of any provision of this
369Agreement will not operate or be construed as a waiver of any other or a 366Agreement will not operate or be construed as a waiver of any other or a
370subsequent breach of the same or a different provision. 367subsequent breach of the same or a different provision.
371 368
37222. AUDIT. You will keep full, clear and accurate records with respect 36921. AUDIT. You will keep full, clear and accurate records with respect
373to your compliance with the limited license rights granted under this Agreement 370to your compliance with the limited license rights granted under this Agreement
374for three years following expiration or termination of this Agreement. NXP will 371for three years following expiration or termination of this Agreement. NXP will
375have the right, either itself or through an independent certified public 372have the right, either itself or through an independent certified public
@@ -379,24 +376,25 @@ compliance with the limited license rights granted above. You must make prompt
379adjustment to compensate for any errors and/or omissions disclosed by such 376adjustment to compensate for any errors and/or omissions disclosed by such
380examination or audit. 377examination or audit.
381 378
38223. NOTICES. All notices and communications under this 37922. NOTICES. All notices and communications under this
383Agreement will be made in writing, and will be effective when received at the 380Agreement will be made in writing, and will be effective when received at the
384following addresses: 381following addresses:
385 382
386 NXP: NXP B.V. 383 NXP: NXP B.V.
387 High Tech Campus 60 384 High Tech Campus 60
388 5656 AG Eindhoven 385 5656 AG Eindhoven
389 The Netherlands 386 The Netherlands
387
390 ATTN: Legal Department 388 ATTN: Legal Department
391 389
392You: The address provided at registration will be used. 390You: The address provided at registration will be used.
393 391
39424. RELATIONSHIP OF THE PARTIES. The parties are independent 39223. RELATIONSHIP OF THE PARTIES. The parties are independent
395contractors. Nothing in this Agreement will be construed to create any 393contractors. Nothing in this Agreement will be construed to create any
396partnership, joint venture, or similar relationship. Neither party is 394partnership, joint venture, or similar relationship. Neither party is
397authorized to bind the other to any obligations with third parties. 395authorized to bind the other to any obligations with third parties.
398 396
39925. SUCCESSION AND ASSIGNMENT. This Agreement will be binding upon and 39724. SUCCESSION AND ASSIGNMENT. This Agreement will be binding upon and
400inure to the benefit of the parties and their permitted successors and assigns. 398inure to the benefit of the parties and their permitted successors and assigns.
401 You may not assign this Agreement, or any part of this Agreement, without the 399 You may not assign this Agreement, or any part of this Agreement, without the
402prior written approval of NXP, which approval will not be unreasonably withheld 400prior written approval of NXP, which approval will not be unreasonably withheld
diff --git a/classes/fsl-eula-unpack.bbclass b/classes/fsl-eula-unpack.bbclass
index fee78907..65128300 100644
--- a/classes/fsl-eula-unpack.bbclass
+++ b/classes/fsl-eula-unpack.bbclass
@@ -53,7 +53,7 @@ FSL_EULA_FILE_MD5SUMS = " \
53 53
54# The checksum for the EULA in the layer 54# The checksum for the EULA in the layer
55FSL_EULA_FILE_MD5SUM ?= \ 55FSL_EULA_FILE_MD5SUM ?= \
56 "${FSL_EULA_FILE_MD5SUM_LA_OPT_NXP_SOFTWARE_LICENSE_V10}" 56 "${FSL_EULA_FILE_MD5SUM_LA_OPT_NXP_SOFTWARE_LICENSE_V11}"
57 57
58LIC_FILES_CHKSUM_LAYER ?= "file://${FSL_EULA_FILE};md5=${FSL_EULA_FILE_MD5SUM}" 58LIC_FILES_CHKSUM_LAYER ?= "file://${FSL_EULA_FILE};md5=${FSL_EULA_FILE_MD5SUM}"
59LIC_FILES_CHKSUM_LAYER[vardepsexclude] += "FSL_EULA_FILE" 59LIC_FILES_CHKSUM_LAYER[vardepsexclude] += "FSL_EULA_FILE"