diff options
author | Lauren Post <lauren.post@nxp.com> | 2016-09-30 15:03:38 -0500 |
---|---|---|
committer | Otavio Salvador <otavio@ossystems.com.br> | 2016-10-18 16:26:14 -0200 |
commit | 290b4cd2e6a059b5a7059b026fe10b87d073acbf (patch) | |
tree | 4037ee112069b6bc46fc460956e142cc5ad48232 /EULA | |
parent | 068549d3a5a04ddb229cf3c0e33b4dd500736232 (diff) | |
download | meta-freescale-290b4cd2e6a059b5a7059b026fe10b87d073acbf.tar.gz |
EULA: Update license and eula class to EULA v14 version
Signed-off-by: Lauren Post <lauren.post@nxp.com>
Signed-off-by: Otavio Salvador <otavio@ossystems.com.br>
Diffstat (limited to 'EULA')
-rw-r--r-- | EULA | 657 |
1 files changed, 325 insertions, 332 deletions
@@ -1,20 +1,20 @@ | |||
1 | LA_OPT_BASE_LICENSE v12 March 2016 | 1 | LA_OPT_BASE_LICENSE v14 June 2016 |
2 | 2 | ||
3 | IMPORTANT. Read the following NXP Semiconductor Software License Agreement | 3 | IMPORTANT. Read the following NXP Semiconductors Software License Agreement |
4 | ("Agreement") completely. By selecting the "I Accept" button at the end of | 4 | ("Agreement") completely. By selecting the "I Accept" button at the end of |
5 | this page, you indicate that you accept the terms of the Agreement and you | 5 | this page, you indicate that you accept the terms of the Agreement and you |
6 | acknowledge that you have the authority, for yourself or on behalf of your | 6 | acknowledge that you have the authority, for yourself or on behalf of your |
7 | company, to bind your company to these terms. You may then download or install | 7 | company, to bind your company to these terms. You may then download or install |
8 | the file. | 8 | the file. |
9 | 9 | ||
10 | NXP SEMICONDUCTOR SOFTWARE LICENSE AGREEMENT | 10 | NXP SEMICONDUCTORS SOFTWARE LICENSE AGREEMENT |
11 | 11 | ||
12 | This is a legal agreement between you, as an authorized representative of your | 12 | This is a legal agreement between you, as an authorized representative of your |
13 | employer, or if you have no employer, as an individual (together "you"), and | 13 | employer, or if you have no employer, as an individual (together "you"), and |
14 | Freescale Semiconductor, Inc., a wholly-owned subsidiary of NXP Semiconductors | 14 | Freescale Semiconductor, Inc., a wholly-owned subsidiary of NXP Semiconductors |
15 | N.V. ("NXP"). It concerns your rights to use the software identified in the | 15 | N.V. ("NXP"). It concerns your rights to use the software identified in the |
16 | Software Content Register and provided to you in binary or source code form | 16 | Software Content Register and provided to you in binary or source code form and |
17 | and any accompanying written materials (the "Licensed Software"). The Licensed | 17 | any accompanying written materials (the "Licensed Software"). The Licensed |
18 | Software may include any updates or error corrections or documentation relating | 18 | Software may include any updates or error corrections or documentation relating |
19 | to the Licensed Software provided to you by NXP under this License. In | 19 | to the Licensed Software provided to you by NXP under this License. In |
20 | consideration for NXP allowing you to access the Licensed Software, you are | 20 | consideration for NXP allowing you to access the Licensed Software, you are |
@@ -26,71 +26,68 @@ copies of the Licensed Software that you have already distributed, where | |||
26 | permitted, and do not destroy will continue to be governed by this Agreement. | 26 | permitted, and do not destroy will continue to be governed by this Agreement. |
27 | Your prior use will also continue to be governed by this Agreement. | 27 | Your prior use will also continue to be governed by this Agreement. |
28 | 28 | ||
29 | 1. DEFINITIONS | 29 | 1. DEFINITIONS |
30 | 30 | ||
31 | 1.1. "Affiliates" means, any corporation, or entity directly or | 31 | 1.1. "Affiliates" means, any corporation, or entity directly or indirectly |
32 | indirectly controlled by, controlling, or under common control with NXP | 32 | controlled by, controlling, or under common control with NXP Semiconductors N.V. |
33 | Semiconductors N.V. | ||
34 | 33 | ||
35 | 1.2. "Essential Patent" means a patent to the limited extent that | 34 | 1.2. "Essential Patent" means a patent to the limited extent that infringement |
36 | infringement of such patent cannot be avoided in remaining compliant with the | 35 | of such patent cannot be avoided in remaining compliant with the technology |
37 | technology standards implicated by the usage of any of the Licensed Software, | 36 | standards implicated by the usage of any of the Licensed Software, including |
38 | including optional implementation of the standards, on technical but not | 37 | optional implementation of the standards, on technical but not commercial |
39 | commercial grounds, taking into account normal technical practice and the state | 38 | grounds, taking into account normal technical practice and the state of the art |
40 | of the art generally available at the time of standardization. | 39 | generally available at the time of standardization. |
41 | 40 | ||
42 | 1.3. "Intellectual Property Rights" means any and all rights under | 41 | 1.3. "Intellectual Property Rights" means any and all rights under statute, |
43 | statute, common law or equity in and under copyrights, trade secrets, and | 42 | common law or equity in and under copyrights, trade secrets, and patents |
44 | patents (including utility models), and analogous rights throughout the world, | 43 | (including utility models), and analogous rights throughout the world, |
45 | including any applications for and the right to apply for, any of the | 44 | including any applications for and the right to apply for, any of the |
46 | foregoing. | 45 | foregoing. |
47 | 46 | ||
48 | 1.4. "Software Content Register" means the documentation | 47 | 1.4. "Software Content Register" means the documentation accompanying the |
49 | accompanying the Licensed Software which identifies the contents of the | 48 | Licensed Software which identifies the contents of the Licensed Software, |
50 | Licensed Software, including but not limited to identification of any Third | 49 | including but not limited to identification of any Third Party Software. |
51 | Party Software. | ||
52 | 50 | ||
53 | 1.5. "Third Party Software" means, any software included in the | 51 | 1.5. "Third Party Software" means, any software included in the Licensed |
54 | Licensed Software that is not NXP Proprietary software, and is not open source | 52 | Software that is not NXP Proprietary software, and is not open source |
55 | software, and to which different license terms may apply. | 53 | software, and to which different license terms may apply. |
56 | 54 | ||
57 | 2. LICENSE GRANT. | 55 | 2. LICENSE GRANT. |
58 | 56 | ||
59 | 2.1. Separate license grants to Third Party Software, or other | 57 | 2.1. Separate license grants to Third Party Software, or other terms applicable |
60 | terms applicable to the Licensed Software if different from those granted in | 58 | to the Licensed Software if different from those granted in this Section 2, are |
61 | this Section 2, are contained in Appendix A. The Licensed Software is | 59 | contained in Appendix A. The Licensed Software is accompanied by a Software |
62 | accompanied by a Software Content Register which will identify that portion of | 60 | Content Register which will identify that portion of the Licensed Software, if |
63 | the Licensed Software, if any, that is subject to the different terms in | 61 | any, that is subject to the different terms in Appendix A. |
64 | Appendix A. | ||
65 | 62 | ||
66 | 2.2. Exclusively in connection with your development and | 63 | 2.2. Exclusively in connection with your development and distribution of |
67 | distribution of product containing a programmable processing unit (e.g. a | 64 | product containing a programmable processing unit (e.g. a microprocessor, |
68 | microprocessor, microcontroller, sensor or digital signal processor) supplied | 65 | microcontroller, sensor or digital signal processor) supplied directly or |
69 | directly or indirectly from NXP ("Authorized System") NXP grants you a | 66 | indirectly from NXP ("Authorized System") NXP grants you a world-wide, |
70 | world-wide, personal, non-transferable, non-exclusive, non-sublicensable, | 67 | personal, non-transferable, non-exclusive, non-sublicensable, license, under |
71 | license, under NXP's Intellectual Property Rights: | 68 | NXP's Intellectual Property Rights: |
72 | 69 | ||
73 | (a) to use and reproduce the Licensed Software only as part of, or | 70 | (a) to use and reproduce the Licensed Software only as part of, or |
74 | integrated within, Authorized Systems and not on a standalone basis; | 71 | integrated within, Authorized Systems and not on a standalone basis; |
75 | 72 | ||
76 | (b) to directly or indirectly manufacture, demonstrate, copy, distribute, | 73 | (b) to directly or indirectly manufacture, demonstrate, copy, distribute, |
77 | market and sell the Licensed Software in object code (machine readable) only as | 74 | market and sell the Licensed Software in object code (machine readable) only as |
78 | part of, or embedded within, Authorized Systems in object code form and not on | 75 | part of, or embedded within, Authorized Systems in object code form and not on |
79 | a standalone basis. Notwithstanding the foregoing, those files marked as .h | 76 | a standalone basis. Notwithstanding the foregoing, those files marked as .h |
80 | files ("Header files") may be distributed in source or object code form, but | 77 | files ("Header files") may be distributed in source or object code form, but |
81 | only as part of, or embedded within Authorized Systems. | 78 | only as part of, or embedded within Authorized Systems. |
82 | 79 | ||
83 | (c) to copy, use and distribute as needed, solely in connection with an | 80 | (c) to copy, use and distribute as needed, solely in connection with an |
84 | Authorized System, proprietary NXP information associated with the Licensed | 81 | Authorized System, proprietary NXP information associated with the Licensed |
85 | Software for the purpose of developing, maintaining and supporting Authorized | 82 | Software for the purpose of developing, maintaining and supporting Authorized |
86 | Systems with which the Licensed Software is integrated or associated. | 83 | Systems with which the Licensed Software is integrated or associated. |
87 | 84 | ||
88 | 2.3. For NXP Licensed Software provided to you in source code form | 85 | 2.3. For NXP Licensed Software provided to you in source code form (human |
89 | (human readable), NXP further grants to you a worldwide, personal, | 86 | readable), NXP further grants to you a worldwide, personal, non-transferable, |
90 | non-transferable, non-exclusive, non-sublicensable, license, under NXP's | 87 | non-exclusive, non-sublicensable, license, under NXP's Intellectual Property |
91 | Intellectual Property Rights: | 88 | Rights: |
92 | 89 | ||
93 | (a) to prepare derivative works of the Licensed Software, only as part of, | 90 | (a) to prepare derivative works of the Licensed Software, only as part of, |
94 | or integrated within, Authorized Systems and not on a standalone basis; | 91 | or integrated within, Authorized Systems and not on a standalone basis; |
95 | 92 | ||
96 | (b) to use, demonstrate, copy, distribute, market and sell the derivative | 93 | (b) to use, demonstrate, copy, distribute, market and sell the derivative |
@@ -100,137 +97,135 @@ Notwithstanding the foregoing, those files marked as .h files ("Header files") | |||
100 | may be distributed in source or object code form, but only as part of, or | 97 | may be distributed in source or object code form, but only as part of, or |
101 | embedded within Authorized Systems. | 98 | embedded within Authorized Systems. |
102 | 99 | ||
103 | 2.4. You may use subcontractors on your premises to exercise your | 100 | 2.4. You may use subcontractors on your premises to exercise your rights under |
104 | rights under Section 2.2 and 2.3 so long as you have an agreement in place with | 101 | Section 2.2 and 2.3 so long as you have an agreement in place with the |
105 | the subcontractor containing confidentiality restrictions no less stringent | 102 | subcontractor containing confidentiality restrictions no less stringent than |
106 | than those contained in this Agreement. You will remain liable for your | 103 | those contained in this Agreement. You will remain liable for your |
107 | subcontractors' adherence to the terms of this Agreement and for any and all | 104 | subcontractors' adherence to the terms of this Agreement and for any and all |
108 | acts and omissions of such subcontractors with respect to this Agreement and | 105 | acts and omissions of such subcontractors with respect to this Agreement and |
109 | the Licensed Software. | 106 | the Licensed Software. |
110 | 107 | ||
111 | 3. LICENSE LIMITATIONS AND RESTRICTIONS. | 108 | 3. LICENSE LIMITATIONS AND RESTRICTIONS. |
112 | 109 | ||
113 | 3.1. The licenses granted above in Section 2.3 only extend to NXP | 110 | 3.1. The licenses granted above in Section 2.3 only extend to NXP intellectual |
114 | intellectual property rights that would be infringed by the Licensed Software | 111 | property rights that would be infringed by the Licensed Software prior to your |
115 | prior to your preparation of any derivative work. | 112 | preparation of any derivative work. |
116 | 113 | ||
117 | 3.2. The Licensed Software is licensed to you, not sold. Title to | 114 | 3.2. The Licensed Software is licensed to you, not sold. Title to Licensed |
118 | Licensed Software delivered hereunder remains vested in NXP or NXP's licensor | 115 | Software delivered hereunder remains vested in NXP or NXP's licensor and |
119 | and cannot be assigned or transferred. You are expressly forbidden from | 116 | cannot be assigned or transferred. You are expressly forbidden from selling or |
120 | selling or otherwise distributing the Licensed Software, or any portion | 117 | otherwise distributing the Licensed Software, or any portion thereof, except as |
121 | thereof, except as expressly permitted herein. This Agreement does not grant | 118 | expressly permitted herein. This Agreement does not grant to you any implied |
122 | to you any implied rights under any NXP or third party intellectual property. | 119 | rights under any NXP or third party intellectual property. |
123 | 120 | ||
124 | 3.3. You may not translate, reverse engineer, decompile, or | 121 | 3.3. You may not translate, reverse engineer, decompile, or disassemble the |
125 | disassemble the Licensed Software except to the extent applicable law | ||
126 | specifically prohibits such restriction. You must prohibit your sub-licensees | ||
127 | from translating, reverse engineering, decompiling, or disassembling the | ||
128 | Licensed Software except to the extent applicable law specifically prohibits | 122 | Licensed Software except to the extent applicable law specifically prohibits |
129 | such restriction. | 123 | such restriction. You must prohibit your sublicensees from translating, |
130 | 124 | reverse engineering, decompiling, or disassembling the Licensed Software except | |
131 | 3.4. You must reproduce any and all of NXP's (or its third party | 125 | to the extent applicable law specifically prohibits such restriction. |
132 | licensor's) copyright notices and other proprietary legends on copies of | 126 | |
133 | Licensed Software. | 127 | 3.4. You must reproduce any and all of NXP's (or its third party licensor's) |
134 | 128 | copyright notices and other proprietary legends on copies of Licensed Software. | |
135 | 3.5. If you distribute the Licensed Software to the United States | 129 | |
136 | Government, then the Licensed Software is "restricted computer software" and | 130 | 3.5. If you distribute the Licensed Software to the United States Government, |
137 | is subject to FAR 52.227-19 (c)(1) and (c)(2). | 131 | then the Licensed Software is "restricted computer software" and is subject to |
138 | 132 | FAR 52.227-19 (c)(1) and (c)(2). | |
139 | 3.6. You grant to NXP a non-exclusive, non-transferable, | 133 | |
140 | irrevocable, perpetual, worldwide, royalty-free, sub-licensable license under | 134 | 3.6. You grant to NXP a non-exclusive, non-transferable, irrevocable, |
141 | your Intellectual Property Rights to use without restriction and for any | 135 | perpetual, worldwide, royalty-free, sub-licensable license under your |
142 | purpose any suggestion, comment or other feedback related to the Licensed | 136 | Intellectual Property Rights to use without restriction and for any purpose any |
143 | Software (including, but not limited to, error corrections and bug fixes). | 137 | suggestion, comment or other feedback related to the Licensed Software |
144 | 138 | (including, but not limited to, error corrections and bug fixes). | |
145 | 3.7. You will not take or fail to take any action that could | 139 | |
146 | subject the Licensed Software to an Excluded License. An Excluded License means | 140 | 3.7. You will not take or fail to take any action that could subject the |
147 | any license that requires, as a condition of use, modification or distribution | 141 | Licensed Software to an Excluded License. An Excluded License means any license |
148 | of software subject to the Excluded License, that such software or other | 142 | that requires, as a condition of use, modification or distribution of software |
149 | software combined and/or distributed with the software be (i) disclosed or | 143 | subject to the Excluded License, that such software or other software combined |
150 | distributed in source code form; (ii) licensed for the purpose of making | 144 | and/or distributed with the software be (i) disclosed or distributed in source |
151 | derivative works; or (iii) redistributable at no charge. | 145 | code form; (ii) licensed for the purpose of making derivative works; or (iii) |
152 | 146 | redistributable at no charge. | |
153 | 3.8. You may not publish or distribute information, results or data | 147 | |
154 | associated with the use of the Licensed Software to anyone other than NXP; | 148 | 3.8. You may not publish or distribute information, results or data associated |
155 | however, you must advise NXP of any results obtained including any problems or | 149 | with the use of the Licensed Software to anyone other than NXP; however, you |
156 | suggested improvements thereof. NXP retains the right to use such results and | 150 | must advise NXP of any results obtained including any problems or suggested |
157 | related information in any manner it deems appropriate. | 151 | improvements thereof. NXP retains the right to use such results and related |
158 | 152 | information in any manner it deems appropriate. | |
159 | 4. OPEN SOURCE. Open source software included in the Licensed | 153 | |
160 | Software is not licensed under the terms of this Agreement, but is instead | 154 | 4. OPEN SOURCE. Open source software included |
161 | licensed under the terms of the applicable open source license(s), such as the | 155 | in the Licensed Software is not licensed under the terms of this Agreement, |
162 | BSD License, Apache License or the GNU Lesser General Public License. Your use | 156 | but is instead licensed under the terms of the applicable open source |
163 | of the open source software is subject to the terms of each applicable license. | 157 | license(s), such as the BSD License, Apache License or the GNU Lesser General |
164 | You must agree to the terms of each applicable license, or you cannot use the | 158 | Public License. Your use of the open source software is subject to the terms |
165 | open source software. | 159 | of each applicable license. You must agree to the terms of each applicable |
166 | 160 | license, or you cannot use the open source software. | |
167 | 5. INTELLECTUAL PROPERTY RIGHTS. Subject to NXP's ownership interest | 161 | |
168 | in the underlying Licensed Software, all intellectual property rights | 162 | 5. INTELLECTUAL PROPERTY RIGHTS. Subject to NXP's |
169 | associated with, and title to, your Authorized System will be retained by or | 163 | ownership interest in the underlying Licensed Software, all intellectual |
170 | will vest in you. Your modifications to the Licensed Software, and all | 164 | property rights associated with, and title to, your Authorized System will |
171 | intellectual property rights associated with, and title thereto, will be the | 165 | be retained by or will vest in you. Your modifications to the Licensed |
172 | property of NXP. Upon request, you must provide NXP the source code of any | 166 | Software, and all intellectual property rights associated with, and title |
173 | derivative of the Licensed Software. You agree to assign all, and hereby do | 167 | thereto, will be the property of NXP. Upon request, you must provide NXP |
174 | assign all rights, title, and interest to any such modifications to the | 168 | the source code of any derivative of the Licensed Software. You agree to |
175 | Licensed Software to NXP and agree to provide all assistance reasonably | 169 | assign all, and hereby do assign all rights, title, and interest to any such |
176 | requested by NXP to establish, preserve or enforce such right. Further, you | 170 | modifications to the Licensed Software to NXP and agree to provide all |
177 | agree to waive all moral rights relating to your modifications to the Licensed | 171 | assistance reasonably requested by NXP to establish, preserve or enforce such |
178 | Software, including, without limitation, all rights of identification of | 172 | right. Further, you agree to waive all moral rights relating to your |
179 | authorship and all rights of approval, restriction, or limitation on use or | 173 | modifications to the Licensed Software, including, without limitation, all |
180 | subsequent modification. Notwithstanding the foregoing, you will have the | 174 | rights of identification of authorship and all rights of approval, restriction, |
181 | license rights granted in Section 2 hereto to any such modifications made by | 175 | or limitation on use or subsequent modification. Notwithstanding the |
182 | you or your licensees. | 176 | foregoing, you will have the license rights granted in Section 2 hereto to any |
183 | 177 | such modifications made by you or your licensees. | |
184 | 6. PATENT COVENANT NOT TO SUE. As partial, material consideration for the | 178 | |
185 | rights granted to you under this Agreement, you covenant not to sue or | 179 | 6. PATENT COVENANT NOT TO SUE. As partial, material |
186 | otherwise assert your patents against NXP, a NXP Affiliate or subsidiary, or | 180 | consideration for the rights granted to you under this Agreement, you covenant |
187 | a NXP licensee of the Licensed Software for infringement of your Intellectual | 181 | not to sue or otherwise assert your patents against NXP, a NXP Affiliate or |
188 | Property Rights by the manufacture, use, sale, offer for sale, importation or | 182 | subsidiary, or a NXP licensee of the Licensed Software for infringement of your |
189 | other disposition or promotion of the Licensed Software and/or any | 183 | Intellectual Property Rights by the manufacture, use, sale, offer for sale, |
190 | redistributed portions of the Licensed Software. | 184 | importation or other disposition or promotion of the Licensed Software and/or |
191 | 185 | any redistributed portions of the Licensed Software. | |
192 | 7. ESSENTIAL PATENTS. You are solely responsible for obtaining licenses | 186 | |
193 | for any relevant Essential Patents for your use in connection with technology | 187 | 7. ESSENTIAL PATENTS. You are solely responsible for |
194 | that you incorporate into your product (whether as part of the Licensed | 188 | obtaining licenses for any relevant Essential Patents for your use in |
195 | Software or not). | 189 | connection with technology that you incorporate into your product (whether as |
196 | 190 | part of the Licensed Software or not). | |
197 | 8. TERM AND TERMINATION. This Agreement will remain in effect unless | 191 | |
198 | terminated as provided in this Section 8. | 192 | 8. TERM AND TERMINATION. This Agreement will remain in |
199 | 193 | effect unless terminated as provided in this Section 8. | |
200 | 8.1. You may terminate this Agreement immediately upon written | 194 | |
201 | notice to NXP at the address provided below. | 195 | 8.1. You may terminate this Agreement immediately upon written notice to NXP at |
202 | 196 | the address provided below. | |
203 | 8.2. Either party may terminate this Agreement if the other party | 197 | |
204 | is in default of any of the terms and conditions of this Agreement, and | 198 | 8.2. Either party may terminate this Agreement if the other party is in default |
205 | termination is effective if the defaulting party fails to correct such default | 199 | of any of the terms and conditions of this Agreement, and termination is |
206 | within 30 days after written notice thereof by the non-defaulting party to the | 200 | effective if the defaulting party fails to correct such default within 30 days |
207 | defaulting party at the address below. | 201 | after written notice thereof by the non-defaulting party to the defaulting |
208 | 202 | party at the address below. | |
209 | 8.3. Notwithstanding the foregoing, NXP may terminate this | 203 | |
210 | Agreement immediately upon written notice if you: breach any of your | 204 | 8.3. Notwithstanding the foregoing, NXP may terminate this Agreement |
211 | confidentiality obligations or the license restrictions under this Agreement; | 205 | immediately upon written notice if you: breach any of your confidentiality |
212 | become bankrupt, insolvent, or file a petition for bankruptcy or insolvency, | 206 | obligations or the license restrictions under this Agreement; become bankrupt, |
213 | make an assignment for the benefit of its creditors; enter proceedings for | 207 | insolvent, or file a petition for bankruptcy or insolvency, make an assignment |
214 | winding up or dissolution ;are dissolved; or are nationalized or become subject | 208 | for the benefit of its creditors; enter proceedings for winding up or |
215 | to the expropriation of all or substantially all of its business or assets. | 209 | dissolution ;are dissolved; or are nationalized or become subject to the |
216 | 210 | expropriation of all or substantially all of its business or assets. | |
217 | 8.4. Upon termination of this Agreement, all licenses granted under | 211 | |
218 | Section 2 will expire, except that any licenses extended to end-users pursuant | 212 | 8.4. Upon termination of this Agreement, all licenses granted under Section 2 |
219 | to Sections 2.2(b), 2.2(c), and 2.3(b), which have been granted prior to such | 213 | will expire, except that any licenses extended to end-users pursuant to |
214 | Sections 2.2(b), 2.2(c), and 2.3(b), which have been granted prior to such | ||
220 | termination will survive. | 215 | termination will survive. |
221 | 216 | ||
222 | 8.5. After termination of this Agreement by either party and upon | 217 | 8.5. After termination of this Agreement by either party and upon NXP's written |
223 | NXP's written request, you will, at your discretion, return to the NXP any | 218 | request, you will, at your discretion, return to the NXP any confidential |
224 | confidential information including all copies thereof or furnish to NXP at | 219 | information including all copies thereof or furnish to NXP at the address |
225 | the address below, a statement certifying, with respect to the Licensed | 220 | below, a statement certifying, with respect to the Licensed Software delivered |
226 | Software delivered hereunder that the original and all copies, except for | 221 | hereunder that the original and all copies, except for archival copies to be |
227 | archival copies to be used solely for dispute resolution purposes, in whole or | 222 | used solely for dispute resolution purposes, in whole or in part, in any form, |
228 | in part, in any form, of the Licensed Software have been destroyed. | 223 | of the Licensed Software have been destroyed. |
229 | 224 | ||
230 | 8.6. Notwithstanding the termination of this Agreement for any | 225 | 8.6. Notwithstanding the termination of this Agreement for any reason, the |
231 | reason, the terms of Sections 1, 3, 5 through 25 will survive. | 226 | terms of Sections 1, 3, 5 through 25 will survive. |
232 | 227 | ||
233 | 9. SUPPORT. NXP is not obligated to provide any support, | 228 | 9. SUPPORT. NXP is not obligated to provide any support, |
234 | upgrades or new releases of the Licensed Software under this Agreement. If you | 229 | upgrades or new releases of the Licensed Software under this Agreement. If you |
235 | wish, you may contact NXP and report problems and provide suggestions regarding | 230 | wish, you may contact NXP and report problems and provide suggestions regarding |
236 | the Licensed Software. NXP has no obligation to respond to such a problem | 231 | the Licensed Software. NXP has no obligation to respond to such a problem |
@@ -238,22 +233,22 @@ report or suggestion. NXP may make changes to the Licensed Software at any | |||
238 | time, without any obligation to notify or provide updated versions of the | 233 | time, without any obligation to notify or provide updated versions of the |
239 | Licensed Software to you. | 234 | Licensed Software to you. |
240 | 235 | ||
241 | 10. NO WARRANTY. To the maximum extent permitted by law, | 236 | 10. NO WARRANTY. To the maximum extent permitted by law, NXP |
242 | NXP expressly disclaims any warranty for the Licensed Software. The Licensed | 237 | expressly disclaims any warranty for the Licensed Software. The Licensed |
243 | Software is provided "AS IS", without warranty of any kind, either express or | 238 | Software is provided "AS ISh, without warranty of any kind, either express or |
244 | implied, including without limitation the implied warranties of | 239 | implied, including without limitation the implied warranties of |
245 | merchantability, fitness for a particular purpose, or non-infringement. You | 240 | merchantability, fitness for a particular purpose, or non-infringement. You |
246 | assume the entire risk arising out of the use or performance of the licensed | 241 | assume the entire risk arising out of the use or performance of the licensed |
247 | software, or any systems you design using the licensed software (if any). | 242 | software, or any systems you design using the licensed software (if any). |
248 | 243 | ||
249 | 11. INDEMNITY. You agree to fully defend and indemnify NXP from | 244 | 11. INDEMNITY. You agree to fully defend and indemnify NXP |
250 | all claims, liabilities, and costs (including reasonable attorney's fees) | 245 | from all claims, liabilities, and costs (including reasonable attorney's fees) |
251 | related to (1) your use (including your contractors or distributee's use, if | 246 | related to (1) your use (including your contractors or distributee's use, if |
252 | permitted) of the Licensed Software or (2) your violation of the terms and | 247 | permitted) of the Licensed Software or (2) your violation of the terms and |
253 | conditions of this Agreement. | 248 | conditions of this Agreement. |
254 | 249 | ||
255 | 12. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A BREACH | 250 | 12. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A |
256 | OF SECTION 2 (LICENSE GRANTS), SECTION 3 (LICENSE LIMITATIONS AND | 251 | BREACH OF SECTION 2 (LICENSE GRANTS), SECTION 3 (LICENSE LIMITATIONS AND |
257 | RESTRICTIONS), SECTION 17 (CONFIDENTIAL INFORMATION), OR CLAIMS UNDER SECTION | 252 | RESTRICTIONS), SECTION 17 (CONFIDENTIAL INFORMATION), OR CLAIMS UNDER SECTION |
258 | 11(INDEMNITY), IN NO EVENT WILL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, | 253 | 11(INDEMNITY), IN NO EVENT WILL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, |
259 | TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR | 254 | TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR |
@@ -265,76 +260,76 @@ OR IN CONNECTION WITH THIS AGREEMENT OR PRODUCT(S) SUPPLIED UNDER THIS | |||
265 | AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU TO NXP IN CONNECTION | 260 | AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU TO NXP IN CONNECTION |
266 | WITH THE LICENSED SOFTWARE TO WHICH LOSSES OR DAMAGES ARE CLAIMED. | 261 | WITH THE LICENSED SOFTWARE TO WHICH LOSSES OR DAMAGES ARE CLAIMED. |
267 | 262 | ||
268 | 263 | 13. EXPORT COMPLIANCE. Each party shall comply with all | |
269 | 13. EXPORT COMPLIANCE. Each party shall comply with all | ||
270 | applicable export and import control laws and regulations including but not | 264 | applicable export and import control laws and regulations including but not |
271 | limited to the US Export Administration Regulations (including prohibited | 265 | limited to the US Export Administration Regulations (including prohibited party |
272 | party lists issued by other federal governments), Catch-all regulations and | 266 | lists issued by other federal governments), Catch-all regulations and all |
273 | all national and international embargoes. Each party further agrees that it | 267 | national and international embargoes. Each party further agrees that it will |
274 | will not knowingly transfer, divert, export or re-export, directly or | 268 | not knowingly transfer, divert, export or re-export, directly or indirectly, |
275 | indirectly, any product, software, including software source code, or | 269 | any product, software, including software source code, or technology restricted |
276 | technology restricted by such regulations or by other applicable national | 270 | by such regulations or by other applicable national regulations, received from |
277 | regulations, received from the other party under this Agreement, or any direct | 271 | the other party under this Agreement, or any direct product of such software or |
278 | product of such software or technical data to any person, firm, entity, | 272 | technical data to any person, firm, entity, country or destination to which |
279 | country or destination to which such transfer, diversion, export or re-export | 273 | such transfer, diversion, export or re-export is restricted or prohibited, |
280 | is restricted or prohibited, without obtaining prior written authorization | 274 | without obtaining prior written authorization from the applicable competent |
281 | from the applicable competent government authorities to the extent required | 275 | government authorities to the extent required by those laws. |
282 | by those laws. | 276 | |
283 | 277 | 14. GOVERNMENT CONTRACT COMPLIANCE. | |
284 | 14. GOVERNMENT CONTRACT COMPLIANCE. | 278 | |
285 | 279 | 14.1. If you sell Authorized Systems directly to any | |
286 | 14.1. If you sell Authorized Systems directly to any government or | 280 | government or public entity, including U.S., state, local, foreign or |
287 | public entity, including U.S., state, local, foreign or international | 281 | international governments or public entities, or indirectly via a prime |
288 | governments or public entities, or indirectly via a prime contractor or | 282 | contractor or subcontractor of such governments or entities, NXP makes no |
289 | subcontractor of such governments or entities, NXP makes no representations, | 283 | representations, certifications, or warranties whatsoever about compliance with |
290 | certifications, or warranties whatsoever about compliance with government or | 284 | government or public entity acquisition statutes or regulations, including, |
291 | public entity acquisition statutes or regulations, including, without | 285 | without limitation, statutes or regulations that may relate to pricing, |
292 | limitation, statutes or regulations that may relate to pricing, quality, | 286 | quality, origin or content. |
293 | origin or content. | 287 | |
294 | 288 | 14.2. The Licensed Software has been developed at private | |
295 | 14.2. The Licensed Software has been developed at private expense and | 289 | expense and is a "Commercial Item" as defined in 48 C.F.R. Section 2.101, |
296 | is a "Commercial Item" as defined in 48 C.F.R. §2.101, consisting of | 290 | consisting of "Commercial Computer Software", and/or "Commercial Computer |
297 | "Commercial Computer Software", and/or "Commercial Computer Software | 291 | Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 (or |
298 | Documentation," as such terms are used in 48 C.F.R. §12.212 (or 48 C.F.R. | 292 | 48 C.F.R. Section 227.7202, as applicable) and may only be licensed to or |
299 | §227.7202, as applicable) and may only be licensed to or shared with U.S. | 293 | shared with U.S. Government end users in object code form as part of, or |
300 | Government end users in object code form as part of, or embedded within, | 294 | embedded within, Authorized Systems. Any agreement pursuant to which you share |
301 | Authorized Systems. Any agreement pursuant to which you share the Licensed | 295 | the Licensed Software will include a provision that reiterates the limitations |
302 | Software will include a provision that reiterates the limitations of this | 296 | of this document and requires all sub-agreements to similarly contain such |
303 | document and requires all sub-agreements to similarly contain such limitations. | 297 | limitations. |
304 | 298 | ||
305 | 15. SAFETY CRITICAL APPLICATIONS | 299 | 15. SAFETY CRITICAL APPLICATIONS |
306 | 300 | ||
307 | 15.1. In some cases, NXP may promote certain Licensed Software for use | 301 | 15.1. In some cases, NXP may promote certain Licensed |
308 | in safety-related applications. NXP's goal is to educate licensees so that they | 302 | Software for use in safety-related applications. NXP's goal is to educate |
309 | can design their own end-product solutions to meet applicable functional safety | 303 | licensees so that they can design their own end-product solutions to meet |
310 | standards and requirements. You make the ultimate design decisions regarding | 304 | applicable functional safety standards and requirements. You make the ultimate |
311 | your products and are solely responsible for compliance with all legal, | 305 | design decisions regarding your products and are solely responsible for |
312 | regulatory, safety, and security related requirements concerning your products, | 306 | compliance with all legal, regulatory, safety, and security related |
313 | regardless of any information or support that may be provided by NXP. | 307 | requirements concerning your products, regardless of any information or support |
314 | Accordingly, you will indemnify and hold NXP harmless from any claims, | 308 | that may be provided by NXP. Accordingly, you will indemnify and hold NXP |
315 | liabilities, damages and associated costs and expenses (including attorneys' | 309 | harmless from any claims, liabilities, damages and associated costs and |
316 | fees) that NXP may incur related to your incorporation of any product in a | 310 | expenses (including attorneys' fees) that NXP may incur related to your |
317 | safety-critical application or system. | 311 | incorporation of any product in a safety-critical application or system. |
318 | 312 | ||
319 | 15.2. Only Licensed Software that NXP has specifically designated as | 313 | 15.2. Only Licensed Software that NXP has specifically |
320 | "Automotive Qualified" is intended for use in automotive, military, or | 314 | designated as "Automotive Qualified" is intended for use in automotive, |
321 | aerospace applications or environments. If you use Licensed Software that has | 315 | military, or aerospace applications or environments. If you use Licensed |
322 | not been designated as "Automotive Qualified" in an automotive, military, or | 316 | Software that has not been designated as "Automotive Qualified" in an |
323 | aerospace application or environment, you do so at your own risk. | 317 | automotive, military, or aerospace application or environment, you do so at |
324 | 318 | your own risk. | |
325 | 15.3. Licensed Software is not intended or authorized for any use in | 319 | |
326 | anti-personnel landmines. | 320 | 15.3. Licensed Software is not intended or authorized for |
327 | 321 | any use in anti-personnel landmines. | |
328 | 16. CHOICE OF LAW; VENUE. This Agreement will be governed by, | 322 | |
329 | construed, and enforced in accordance with the laws of the State of Texas, USA, | 323 | 16. CHOICE OF LAW; VENUE. This Agreement will be governed |
330 | without regard to conflicts of laws principles, will apply to all matters | 324 | by, construed, and enforced in accordance with the laws of the State of Texas, |
325 | USA, without regard to conflicts of laws principles, will apply to all matters | ||
331 | relating to this Agreement or the Licensed Software, and you agree that any | 326 | relating to this Agreement or the Licensed Software, and you agree that any |
332 | litigation will be subject to the exclusive jurisdiction of the state or | 327 | litigation will be subject to the exclusive jurisdiction of the state or |
333 | federal courts Texas, USA. The United Nations Convention on Contracts for | 328 | federal courts Texas, USA. The United Nations Convention on Contracts for the |
334 | the International Sale of Goods will not apply to this document. | 329 | International Sale of Goods will not apply to this document. |
335 | 330 | ||
336 | 17. CONFIDENTIAL INFORMATION. Subject to the license grants and | 331 | 17. CONFIDENTIAL INFORMATION. Subject to the license grants |
337 | restrictions contained herein, you must treat the Licensed Software as | 332 | and restrictions contained herein, you must treat the Licensed Software as |
338 | confidential information and you agree to retain the Licensed Software in | 333 | confidential information and you agree to retain the Licensed Software in |
339 | confidence perpetually, with respect to Licensed Software in source code form | 334 | confidence perpetually, with respect to Licensed Software in source code form |
340 | (human readable), or for a period of five (5) years from the date of | 335 | (human readable), or for a period of five (5) years from the date of |
@@ -351,17 +346,17 @@ NXP of such requirement prior to disclosure, which you only disclose | |||
351 | information required, and that you allow NXP the opportunity to object to such | 346 | information required, and that you allow NXP the opportunity to object to such |
352 | court or other legal body requiring such disclosure. | 347 | court or other legal body requiring such disclosure. |
353 | 348 | ||
354 | 18. TRADEMARKS. You are not authorized to use any NXP | 349 | 18. TRADEMARKS. You are not authorized to use any NXP |
355 | trademarks, brand names, or logos. | 350 | trademarks, brand names, or logos. |
356 | 351 | ||
357 | 19. ENTIRE AGREEMENT. This Agreement constitutes the entire | 352 | 19. ENTIRE AGREEMENT. This Agreement constitutes the entire |
358 | agreement between you and NXP regarding the subject matter of this Agreement, | 353 | agreement between you and NXP regarding the subject matter of this Agreement, |
359 | and supersedes all prior communications, negotiations, understandings, | 354 | and supersedes all prior communications, negotiations, understandings, |
360 | agreements or representations, either written or oral, if any. This Agreement | 355 | agreements or representations, either written or oral, if any. This Agreement |
361 | may only be amended in written form, signed by you and NXP. | 356 | may only be amended in written form, signed by you and NXP. |
362 | 357 | ||
363 | 20. SEVERABILITY. If any provision of this Agreement is held for | 358 | 20. SEVERABILITY. If any provision of this Agreement is held |
364 | any reason to be invalid or unenforceable, then the remaining provisions of | 359 | for any reason to be invalid or unenforceable, then the remaining provisions of |
365 | this Agreement will be unimpaired and, unless a modification or replacement of | 360 | this Agreement will be unimpaired and, unless a modification or replacement of |
366 | the invalid or unenforceable provision is further held to deprive you or NXP of | 361 | the invalid or unenforceable provision is further held to deprive you or NXP of |
367 | a material benefit, in which case the Agreement will immediately terminate, the | 362 | a material benefit, in which case the Agreement will immediately terminate, the |
@@ -369,13 +364,13 @@ invalid or unenforceable provision will be replaced with a provision that is | |||
369 | valid and enforceable and that comes closest to the intention underlying the | 364 | valid and enforceable and that comes closest to the intention underlying the |
370 | invalid or unenforceable provision. | 365 | invalid or unenforceable provision. |
371 | 366 | ||
372 | 21. NO WAIVER. The waiver by NXP of any breach of any provision | 367 | 21. NO WAIVER. The waiver by NXP of any breach of any |
373 | of this Agreement will not operate or be construed as a waiver of any other or | 368 | provision of this Agreement will not operate or be construed as a waiver of any |
374 | a subsequent breach of the same or a different provision. | 369 | other or a subsequent breach of the same or a different provision. |
375 | 370 | ||
376 | 22. AUDIT. You will keep full, clear and accurate records with | 371 | 22. AUDIT. You will keep full, clear and accurate records |
377 | respect to your compliance with the limited license rights granted under this | 372 | with respect to your compliance with the limited license rights granted under |
378 | Agreement for three years following expiration or termination of this | 373 | this Agreement for three years following expiration or termination of this |
379 | Agreement. NXP will have the right, either itself or through an independent | 374 | Agreement. NXP will have the right, either itself or through an independent |
380 | certified public accountant to examine and audit, at NXP's expense, not more | 375 | certified public accountant to examine and audit, at NXP's expense, not more |
381 | than once a year, and during normal business hours, all such records that may | 376 | than once a year, and during normal business hours, all such records that may |
@@ -383,31 +378,28 @@ bear upon your compliance with the limited license rights granted above. You | |||
383 | must make prompt adjustment to compensate for any errors and/or omissions | 378 | must make prompt adjustment to compensate for any errors and/or omissions |
384 | disclosed by such examination or audit. | 379 | disclosed by such examination or audit. |
385 | 380 | ||
386 | 23. NOTICES. All notices and communications under | 381 | 23. NOTICES. All notices and communications under |
387 | this Agreement will be made in writing, and will be effective when received | 382 | this Agreement will be made in writing, and will be effective when received at |
388 | at the following addresses: | 383 | the following addresses: |
389 | 384 | ||
390 | NXP: Freescale Semiconductor, Inc. | 385 | NXP: Freescale Semiconductor, Inc. |
386 | 6501 William Cannon West OE62 | ||
387 | Austin, Texas 78735 | ||
388 | ATTN: Legal Department | ||
391 | 389 | ||
392 | 6501 William Cannon West OE62 | 390 | You: The address provided at registration |
393 | 391 | will be used. | |
394 | Austin, Texas 78735 | ||
395 | |||
396 | ATTN: Legal Department | ||
397 | You: The address provided at registration will be used. | ||
398 | 392 | ||
399 | 24. RELATIONSHIP OF THE PARTIES. The parties are independent | 393 | 24. RELATIONSHIP OF THE PARTIES. The parties are |
400 | contractors. Nothing in this Agreement will be construed to create any | 394 | independent contractors. Nothing in this Agreement will be construed to create |
401 | partnership, joint venture, or similar relationship. Neither party is | 395 | any partnership, joint venture, or similar relationship. Neither party is |
402 | authorized to bind the other to any obligations with third parties. | 396 | authorized to bind the other to any obligations with third parties. |
403 | 397 | ||
404 | 25. SUCCESSION AND ASSIGNMENT. This Agreement will be binding | 398 | 25. SUCCESSION AND ASSIGNMENT. This Agreement will be |
405 | upon and inure to the benefit of the parties and their permitted successors | 399 | binding upon and inure to the benefit of the parties and their permitted |
406 | and assigns. You may not assign this Agreement, or any part of this Agreement, | 400 | successors and assigns. You may not assign this Agreement, or any part of this |
407 | without the prior written approval of NXP, which approval will not be | 401 | Agreement, without the prior written approval of NXP, which approval will not |
408 | unreasonably withheld or delayed. | 402 | be unreasonably withheld or delayed. |
409 | |||
410 | |||
411 | 403 | ||
412 | 404 | ||
413 | 405 | ||
@@ -418,67 +410,59 @@ Other License Grants and Restrictions: | |||
418 | 410 | ||
419 | The Licensed Software may include some or all of the following software, which | 411 | The Licensed Software may include some or all of the following software, which |
420 | is either 1) not NXP proprietary software or 2) NXP proprietary software | 412 | is either 1) not NXP proprietary software or 2) NXP proprietary software |
421 | subject to different terms than those in the Agreement. If the Software Content | 413 | subject to different terms than those in the Agreement. If the Software |
422 | Register that accompanies the Licensed Software identifies any of the following | 414 | Content Register that accompanies the Licensed Software identifies any of the |
423 | Third Party Software or specific components of the NXP Proprietary Software, | 415 | following Third Party Software or specific components of the NXP Proprietary |
424 | the following terms apply to the extent they deviate from the terms in the | 416 | Software, the following terms apply to the extent they deviate from the terms |
425 | Agreement: | 417 | in the Agreement: |
426 | 418 | ||
427 | Third Party Software | 419 | Third Party Software |
428 | 420 | ||
429 | Use Restrictions | 421 | Use Restrictions |
430 | 422 | ||
431 | Atheros | 423 | Atheros |
432 | |||
433 | Use of Atheros software is limited to evaluation and demonstration only. | 424 | Use of Atheros software is limited to evaluation and demonstration only. |
434 | Permitted distributions must be similarly limited. Further rights must be | 425 | Permitted distributions must be similarly limited. Further rights must be |
435 | obtained directly from Atheros. | 426 | obtained directly from Atheros. |
436 | 427 | ||
437 | ATI (AMD) | 428 | ATI (AMD) |
438 | |||
439 | Distribution of ATI software must be a part of, or embedded within, Authorized | 429 | Distribution of ATI software must be a part of, or embedded within, Authorized |
440 | Systems that include a ATI graphics processor core. | 430 | Systems that include a ATI graphics processor core. |
441 | 431 | ||
442 | Broadcom Corporation | 432 | Broadcom Corporation |
443 | |||
444 | Your use of Broadcom Corporation software is restricted to Authorized Systems | 433 | Your use of Broadcom Corporation software is restricted to Authorized Systems |
445 | that incorporate a compatible integrated circuit device manufactured or sold by | 434 | that incorporate a compatible integrated circuit device manufactured or sold by |
446 | Broadcom. | 435 | Broadcom. |
447 | 436 | ||
448 | Cirque Corporation | 437 | Cirque Corporation |
449 | |||
450 | Use of Cirque Corporation technology is limited to evaluation, demonstration, | 438 | Use of Cirque Corporation technology is limited to evaluation, demonstration, |
451 | or certification testing only. Permitted distributions must be similarly | 439 | or certification testing only. Permitted distributions must be similarly |
452 | limited. Further rights, including but not limited to ANY commercial | 440 | limited. Further rights, including but not limited to ANY commercial |
453 | distribution rights, must be obtained directly from Cirque Corporation. | 441 | distribution rights, must be obtained directly from Cirque Corporation. |
454 | 442 | ||
455 | Coding Technologies (Dolby Labs) | 443 | Coding Technologies |
456 | 444 | (Dolby Labs) | |
457 | Use of CTS software is limited to evaluation and demonstration only. Permitted | 445 | Use of CTS software is limited to evaluation and demonstration only. Permitted |
458 | distributions must be similarly limited. Further rights must be obtained from | 446 | distributions must be similarly limited. Further rights must be obtained from |
459 | Dolby Laboratories. | 447 | Dolby Laboratories. |
460 | 448 | ||
461 | CSR | 449 | CSR |
462 | |||
463 | Use of Cambridge Silicon Radio, Inc. ("CSR") software is limited to evaluation | 450 | Use of Cambridge Silicon Radio, Inc. ("CSR") software is limited to evaluation |
464 | and demonstration only. Permitted distributions must be similarly limited. | 451 | and demonstration only. Permitted distributions must be similarly limited. |
465 | Further rights must be obtained directly from CSR. | 452 | Further rights must be obtained directly from CSR. |
466 | 453 | ||
467 | NXP Wireless Charging Library | 454 | NXP Wireless Charging Library |
468 | |||
469 | License to the Software is limited to use in inductive coupling or wireless | 455 | License to the Software is limited to use in inductive coupling or wireless |
470 | charging applications | 456 | charging applications |
471 | 457 | ||
472 | Global Locate (Broadcom Corporation) | 458 | Global Locate (Broadcom Corporation) |
473 | |||
474 | Use of Global Locate, Inc. software is limited to evaluation and demonstration | 459 | Use of Global Locate, Inc. software is limited to evaluation and demonstration |
475 | only. Permitted distributions must be similarly limited. Further rights must | 460 | only. Permitted distributions must be similarly limited. Further rights must |
476 | be obtained from Global Locate. | 461 | be obtained from Global Locate. |
477 | 462 | ||
478 | Imagination Technologies Limited (IMG) | 463 | Imagination Technologies Limited (IMG) |
479 | |||
480 | If the Licensed Software includes proprietary software developed by IMG, your | 464 | If the Licensed Software includes proprietary software developed by IMG, your |
481 | rights are limited to a non-exclusive, world-wide right and non-transferrable | 465 | rights are limited to a non-exclusive, world-wide right and nontransferrable |
482 | and non-sub-licensable license (i) to use and modify the Licensed Software and | 466 | and non-sub-licensable license (i) to use and modify the Licensed Software and |
483 | documentation and (ii) to copy and distribute the Licensed Software only in | 467 | documentation and (ii) to copy and distribute the Licensed Software only in |
484 | object code form solely for use on NXP Rayleigh products. If you are provided | 468 | object code form solely for use on NXP Rayleigh products. If you are provided |
@@ -491,65 +475,58 @@ The confidentiality restrictions shall continue in force without limit in time | |||
491 | notwithstanding the termination or expiration of this Agreement. | 475 | notwithstanding the termination or expiration of this Agreement. |
492 | 476 | ||
493 | Micrium | 477 | Micrium |
494 | |||
495 | uC/OS-II and uC/OS-III is provided in source form for FREE short-term | 478 | uC/OS-II and uC/OS-III is provided in source form for FREE short-term |
496 | evaluation, for educational use or for peaceful research. If you plan or | 479 | evaluation, for educational use or for peaceful research. If you plan or |
497 | intend to use uC/OS-II or uC/OS-III in a commercial application/product then, | 480 | intend to use uC/OS-II or uC/OS-III in a commercial application/product then, |
498 | you need to contact Micrium to properly license uC/OS-II or uC/OS-III for its | 481 | you need to contact Micrium to properly license uC/OS-II or uC/OSIII for its |
499 | use in your application/product. We provide ALL the source code for your | 482 | use in your application/product. We provide ALL the source code for your |
500 | convenience and to help you experience uC/OS-II or uC/OS-III. The fact that | 483 | convenience and to help you experience uC/OS-II or uC/OSIII. The fact that |
501 | the source is provided does NOT mean that you can use it commercially without | 484 | the source is provided does NOT mean that you can use it commercially without |
502 | paying a licensing fee. | 485 | paying a licensing fee. |
503 | 486 | ||
504 | Microsoft | 487 | Microsoft |
505 | |||
506 | If the Licensed Software includes software owned by Microsoft Corporation | 488 | If the Licensed Software includes software owned by Microsoft Corporation |
507 | ("Microsoft"), it is subject to the terms of your license with Microsoft | 489 | ("Microsoft"), it is subject to the terms of your license with Microsoft (the |
508 | (the "Microsoft Underlying Licensed Software") and as such, NXP grants no | 490 | "Microsoft Underlying Licensed Software") and as such, NXP grants no license to |
509 | license to you, beyond evaluation and demonstration in connection with NXP | 491 | you, beyond evaluation and demonstration in connection with NXP processors, in |
510 | processors, in the Microsoft Underlying Licensed Software. You must separately | 492 | the Microsoft Underlying Licensed Software. You must separately obtain rights |
511 | obtain rights beyond evaluation and demonstration in connection with the | 493 | beyond evaluation and demonstration in connection with the Microsoft Underlying |
512 | Microsoft Underlying Licensed Software from Microsoft. | 494 | Licensed Software from Microsoft. |
513 | 495 | ||
514 | Microsoft does not provide support services for the components provided | 496 | Microsoft does not provide support services for the components provided to you |
515 | to you through this Agreement. If you have any questions or require | 497 | through this Agreement. If you have any questions or require technical |
516 | technical assistance, please contact NXP. Microsoft Corporation is a third | 498 | assistance, please contact NXP. Microsoft Corporation is a third party |
517 | party beneficiary to this Agreement with the right to enforce the terms of | 499 | beneficiary to this Agreement with the right to enforce the terms of this |
518 | this Agreement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT AND ITS | 500 | Agreement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT AND ITS |
519 | AFFILIATES DISCLAIM ANY WARRANTIES FOR THE MICROSOFT UNDERLYING LICENSED | 501 | AFFILIATES DISCLAIM ANY WARRANTIES FOR THE MICROSOFT UNDERLYING LICENSED |
520 | SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MICROSOFT NOR ITS | 502 | SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MICROSOFT NOR ITS |
521 | AFFILIATES WILL BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY | 503 | AFFILIATES WILL BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY |
522 | DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, | 504 | DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, |
523 | INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, | 505 | INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, |
524 | INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, | 506 | INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, ARISING |
525 | ARISING FROM THE FROM THE USE OF THE MICROSOFT UNDERLYING LICENSED SOFTWARE. | 507 | FROM THE FROM THE USE OF THE MICROSOFT UNDERLYING LICENSED SOFTWARE. |
526 | 508 | ||
527 | MindTree | 509 | MindTree |
528 | |||
529 | Notwithstanding the terms contained in Section 2.3 (a), if the Licensed | 510 | Notwithstanding the terms contained in Section 2.3 (a), if the Licensed |
530 | Software includes proprietary software of MindTree in source code format, | 511 | Software includes proprietary software of MindTree in source code format, |
531 | Licensee may make modifications and create derivative works only to the | 512 | Licensee may make modifications and create derivative works only to the extent |
532 | extent necessary for debugging of the Licensed Software. | 513 | necessary for debugging of the Licensed Software. |
533 | 514 | ||
534 | MPEG LA | 515 | MPEG LA |
535 | 516 | Use of MPEG LA audio or video codec technology is limited to evaluation and | |
536 | Use of MPEG LA audio or video codec technology is limited to evaluation | 517 | demonstration only. Permitted distributions must be similarly limited. Further |
537 | and demonstration only. Permitted distributions must be similarly limited. | 518 | rights must be obtained directly from MPEG LA. |
538 | Further rights must be obtained directly from MPEG LA. | ||
539 | 519 | ||
540 | MQX RTOS Code | 520 | MQX RTOS Code |
541 | |||
542 | MQX RTOS source code may not be re-distributed by any FSL Licensee under any | 521 | MQX RTOS source code may not be re-distributed by any FSL Licensee under any |
543 | circumstance, even by a signed written amendment to this Agreement. | 522 | circumstance, even by a signed written amendment to this Agreement. |
544 | 523 | ||
545 | Opus | 524 | Opus |
546 | |||
547 | Use of Opus software must be consistent with the terms of the Opus license | 525 | Use of Opus software must be consistent with the terms of the Opus license |
548 | which can be found at: {http://www.opus-codec.org/license/} | 526 | which can be found at: http://www.opus-codec.org/license/ |
549 | 527 | ||
550 | Real Networks - its GStreamer Optimized Real Format Client Code implementation | 528 | Real Networks - its GStreamer Optimized Real Format Client Code implementation |
551 | or OpenMax Optimized Real Format Client Code | 529 | or OpenMax Optimized Real Format Client Code |
552 | |||
553 | Use of the GStreamer Optimized Real Format Client Code, or OpenMax Optimized | 530 | Use of the GStreamer Optimized Real Format Client Code, or OpenMax Optimized |
554 | Real Format Client code is restricted to applications in the automotive market. | 531 | Real Format Client code is restricted to applications in the automotive market. |
555 | Licensee must be a final manufacturer in good standing with a current license | 532 | Licensee must be a final manufacturer in good standing with a current license |
@@ -557,8 +534,30 @@ with Real Networks for the commercial use and distribution of products | |||
557 | containing the GStreamer Optimized Real Format Client Code implementation or | 534 | containing the GStreamer Optimized Real Format Client Code implementation or |
558 | OpenMax Optimized Real Format Client Code | 535 | OpenMax Optimized Real Format Client Code |
559 | 536 | ||
560 | SanDisk Corporation | 537 | Real Time Engineers Ltd. |
538 | Any FreeRTOS source code, whether modified or in its original release form, or | ||
539 | whether in whole or in part, can only be distributed by you under the terms of | ||
540 | version 2 of the GNU General Public License plus this exception. An | ||
541 | independent module is a module which is not derived from or based on FreeRTOS. | ||
542 | |||
543 | Clause 1: Linking FreeRTOS with other modules is making a combined work based | ||
544 | on FreeRTOS. Thus, the terms and conditions of the GNU General Public License | ||
545 | V2 cover the whole combination. | ||
546 | |||
547 | As a special exception, the copyright holders of FreeRTOS give you permission | ||
548 | to link FreeRTOS with independent modules to produce a statically linked | ||
549 | executable, regardless of the license terms of these independent modules, and | ||
550 | to copy and distribute the resulting executable under terms of your choice, | ||
551 | provided that you also meet, for each linked independent module, the terms and | ||
552 | conditions of the license of that module. An independent module is a module | ||
553 | which is not derived from or based on FreeRTOS. | ||
554 | |||
555 | Clause 2: FreeRTOS may not be used for any competitive or comparative purpose, | ||
556 | including the publication of any form of run time or compile time metric, | ||
557 | without the express permission of Real Time Engineers Ltd. (this is the norm | ||
558 | within the industry and is intended to ensure information accuracy). | ||
561 | 559 | ||
560 | SanDisk Corporation | ||
562 | If the Licensed Software includes software developed by SanDisk Corporation | 561 | If the Licensed Software includes software developed by SanDisk Corporation |
563 | ("SanDisk"), you must separately obtain the rights to reproduce and distribute | 562 | ("SanDisk"), you must separately obtain the rights to reproduce and distribute |
564 | this software in source code form from SanDisk. Please follow these easy steps | 563 | this software in source code form from SanDisk. Please follow these easy steps |
@@ -570,7 +569,6 @@ License Agreement. | |||
570 | 2. Sign the license agreement. Fax the signed agreement to SanDisk USA | 569 | 2. Sign the license agreement. Fax the signed agreement to SanDisk USA |
571 | marketing department at 408-542-0403. The license will be valid when fully | 570 | marketing department at 408-542-0403. The license will be valid when fully |
572 | executed by SanDisk. | 571 | executed by SanDisk. |
573 | |||
574 | 3. If you have specific questions, please send an email to | 572 | 3. If you have specific questions, please send an email to |
575 | sales@sandisk.com | 573 | sales@sandisk.com |
576 | 574 | ||
@@ -580,30 +578,25 @@ Corporation Licensed Software on any memory device product. SanDisk retains | |||
580 | all rights to any modifications or derivative works to the SanDisk Corporation | 578 | all rights to any modifications or derivative works to the SanDisk Corporation |
581 | Licensed Software that you may create. | 579 | Licensed Software that you may create. |
582 | 580 | ||
583 | Texas Instruments | 581 | Synopsys/Target |
582 | Compiler Technologies | ||
583 | Your use of the Synopsys/Target Compiler Technologies Licensed Software and | ||
584 | related documentation is subject to the following: | ||
584 | 585 | ||
586 | * Duration of the license for the Licensed Software is limited to 12 months, | ||
587 | unless otherwise specified in the license file. | ||
588 | * The Licensed Software is usable by one user at a time on a single | ||
589 | designated computer, unless otherwise agreed by Synopsys. | ||
590 | * Licensed Software and documentation are to be used only on a designated | ||
591 | computer at the designated physical address provided by you on the APEX license | ||
592 | form. | ||
593 | * The Licensed Software is not sub-licensable. | ||
594 | |||
595 | Texas Instruments | ||
585 | Your use of Texas Instruments Inc. WiLink8 Licensed Software is restricted to | 596 | Your use of Texas Instruments Inc. WiLink8 Licensed Software is restricted to |
586 | NXP SoC based systems that include a compatible connectivity device | 597 | NXP SoC based systems that include a compatible connectivity device |
587 | manufactured by TI. | 598 | manufactured by TI. |
588 | 599 | ||
589 | Vivante | 600 | Vivante |
590 | |||
591 | Distribution of Vivante software must be a part of, or embedded within, | 601 | Distribution of Vivante software must be a part of, or embedded within, |
592 | Authorized Systems that include a Vivante Graphics Processing Unit. | 602 | Authorized Systems that include a Vivante Graphics Processing Unit. |
593 | |||
594 | |||
595 | Synopsys/Target Compiler Technologies | ||
596 | |||
597 | |||
598 | Your use of the Synopsys/Target Compiler Technologies Licensed Software | ||
599 | and related documentation is subject to the following: | ||
600 | |||
601 | - Duration of the license for the Licensed Software is limited to | ||
602 | 12 months, unless otherwise specified in the license file. | ||
603 | |||
604 | - The Licensed Software is usable by one user at a time on a single | ||
605 | designated computer, unless otherwise agreed by Synopsys. | ||
606 | |||
607 | - Licensed Software and documentation are to be used only on a | ||
608 | designated computer at the designated physical address provided by you on the | ||
609 | APEX license form. | ||