diff options
author | Otavio Salvador <otavio@ossystems.com.br> | 2015-07-15 17:14:27 -0300 |
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committer | Otavio Salvador <otavio@ossystems.com.br> | 2015-07-16 15:01:29 -0300 |
commit | f8517afc7a5ada4538b3b7d397fa32586d57ffe5 (patch) | |
tree | 79349f091306d1760fd4687e62336ffa8fb8c721 /EULA | |
parent | c92b415d653afc55f33b6b93fb9248193bfd4fa0 (diff) | |
download | meta-freescale-f8517afc7a5ada4538b3b7d397fa32586d57ffe5.tar.gz |
Move meta-fsl-arm content to layer root
The meta-fsl-arm is going to be used as the base for this layer. It
contains a clean history and allowing a more granullar set of changes.
This commit is just a rename of all contents of meta-fsl-arm
subdirectory to this layer's root, subsequent changes are based on top
of that.
Signed-off-by: Otavio Salvador <otavio@ossystems.com.br>
Diffstat (limited to 'EULA')
-rw-r--r-- | EULA | 590 |
1 files changed, 590 insertions, 0 deletions
@@ -0,0 +1,590 @@ | |||
1 | LA_OPT_FSL_OPEN_3RD_PARTY_IP v6 February 2015 | ||
2 | |||
3 | IMPORTANT. Read the following Freescale Semiconductor Software License | ||
4 | Agreement ("Agreement") completely. By selecting the "I Accept" button at | ||
5 | the end of this page, you indicate that you accept the terms of the Agreement | ||
6 | and you acknowledge that you have the authority, for yourself or on behalf of | ||
7 | your company, to bind your company to these terms. You may then download or | ||
8 | install the file. | ||
9 | |||
10 | FREESCALE SEMICONDUCTOR SOFTWARE LICENSE AGREEMENT | ||
11 | |||
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 | ||
14 | Freescale Semiconductor, Inc. ("Freescale") and its Affiliates. It concerns | ||
15 | your rights to use the software identified in the Software Content Register | ||
16 | and provided to you in binary or source code form and any accompanying written | ||
17 | materials (the "Licensed Software"). The Licensed Software may include any | ||
18 | updates or error corrections or documentation relating to the Licensed Software | ||
19 | provided to you by Freescale under this License. In consideration for Freescale | ||
20 | allowing you to access the Licensed Software, you are agreeing to be bound by | ||
21 | the terms of this Agreement. If you do not agree to all of the terms of this | ||
22 | Agreement, do not download or install the Licensed Software. If you change your | ||
23 | mind later, stop using the Licensed Software and delete all copies of the | ||
24 | Licensed Software in your possession or control. Any copies of the Licensed | ||
25 | Software that you have already distributed, where permitted, and do not destroy | ||
26 | will continue to be governed by this Agreement. Your prior use will also | ||
27 | continue to be governed by this Agreement. | ||
28 | |||
29 | 1. DEFINITIONS | ||
30 | |||
31 | 1.1. "Affiliates" means, any corporation, or entity directly or | ||
32 | indirectly controlled by, controlling, or under common control with Freescale. | ||
33 | |||
34 | 1.2. "Essential Patent" means a patent to the limited extent that | ||
35 | infringement of such patent cannot be avoided in remaining compliant with the | ||
36 | technology standards implicated by the usage of any of the Licensed Software, | ||
37 | including optional implementation of the standards, on technical but not | ||
38 | commercial grounds, taking into account normal technical practice and the state | ||
39 | of the art generally available at the time of standardization. | ||
40 | |||
41 | 1.3. "Intellectual Property Rights" means any and all rights under | ||
42 | statute, common law or equity in and under copyrights, trade secrets, and | ||
43 | patents (including utility models), and analogous rights throughout the world, | ||
44 | including any applications for and the right to apply for, any of the | ||
45 | foregoing. | ||
46 | |||
47 | 1.4. "Software Content Register" means the documentation | ||
48 | accompanying the Licensed Software which identifies the contents of the | ||
49 | Licensed Software, including but not limited to identification of any Third | ||
50 | Party Software. | ||
51 | |||
52 | 1.5. "Third Party Software" means, any software included in the | ||
53 | Licensed Software that is not Freescale Proprietary software, and is not open | ||
54 | source software, and to which different license terms may apply. | ||
55 | |||
56 | 2. LICENSE GRANT. | ||
57 | |||
58 | 2.1. Separate license grants to Third Party Software, or other | ||
59 | terms applicable to the Licensed Software if different from those granted in | ||
60 | this Section 2, are contained in Appendix A. The Licensed Software is | ||
61 | accompanied by a Software Content Register which will identify that portion of | ||
62 | the Licensed Software, if any, that is subject to the different terms in | ||
63 | Appendix A. | ||
64 | |||
65 | 2.2. Exclusively in connection with your development and | ||
66 | distribution of product containing a programmable processing unit (e.g. a | ||
67 | microprocessor, microcontroller, or digital signal processor) supplied directly | ||
68 | or indirectly from Freescale ("Authorized System") Freescale grants you a | ||
69 | world-wide, personal, non-transferable, non-exclusive, non-sublicensable, | ||
70 | license, under Freescale's Intellectual Property Rights: | ||
71 | |||
72 | (a) to use and reproduce the Licensed Software only as part of, or | ||
73 | integrated within, Authorized Systems and not on a standalone basis; | ||
74 | |||
75 | (b) to directly or indirectly manufacture, demonstrate, copy, distribute, | ||
76 | market and sell the Licensed Software in object code (machine readable) only as | ||
77 | part of, or embedded within, Authorized Systems in object code form and not on | ||
78 | a standalone basis. Notwithstanding the foregoing, those files marked as .h | ||
79 | files ("Header files") may be distributed in source or object code form, but | ||
80 | only as part of, or embedded within Authorized Systems. | ||
81 | |||
82 | (c) to copy, use and distribute as needed, solely in connection with an | ||
83 | Authorized System, proprietary Freescale information associated with the | ||
84 | Licensed Software for the purpose of developing, maintaining and supporting | ||
85 | Authorized Systems with which the Licensed Software is integrated or | ||
86 | associated. | ||
87 | |||
88 | 2.3. For Freescale Licensed Software provided to you in source code | ||
89 | form (human readable), Freescale further grants to you a worldwide, personal, | ||
90 | non-transferable, non-exclusive, non-sublicensable, license, under Freescale's | ||
91 | Intellectual Property Rights: | ||
92 | |||
93 | (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,; | ||
95 | |||
96 | (b) to use, demonstrate, copy, distribute, market and sell the derivative | ||
97 | works of the Licensed Software in object code (machine readable) only as part | ||
98 | of, or integrated within, Authorized Systems and not on a standalone basis. | ||
99 | 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 | ||
101 | embedded within Authorized Systems. | ||
102 | |||
103 | 2.4. You may use subcontractors on your premises to exercise your | ||
104 | rights under Section 2.2 and 2.3 so long as you have an agreement in place with | ||
105 | the subcontractor containing confidentiality restrictions no less stringent | ||
106 | than 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 | ||
108 | acts and omissions of such subcontractors with respect to this Agreement and | ||
109 | the Licensed Software. | ||
110 | |||
111 | 3. LICENSE LIMITATIONS AND RESTRICTIONS. | ||
112 | |||
113 | 3.1. The licenses granted above in Section 2.3 only extend to | ||
114 | Freescale intellectual property rights that would be infringed by the Licensed | ||
115 | Software prior to your preparation of any derivative work. | ||
116 | |||
117 | 3.2. The Licensed Software is licensed to you, not sold. Title to | ||
118 | Licensed Software delivered hereunder remains vested in Freescale or | ||
119 | Freescale's licensor and cannot be assigned or transferred. You are expressly | ||
120 | forbidden from selling or otherwise distributing the Licensed Software, or any | ||
121 | portion thereof, except as expressly permitted herein. This Agreement does not | ||
122 | grant to you any implied rights under any Freescale or third party intellectual | ||
123 | property. | ||
124 | |||
125 | 3.3. You may not translate, reverse engineer, decompile, or | ||
126 | disassemble the Licensed Software except to the extent applicable law | ||
127 | specifically prohibits such restriction. You must prohibit your sub-licensees | ||
128 | from translating, reverse engineering, decompiling, or disassembling the | ||
129 | Licensed Software except to the extent applicable law specifically prohibits | ||
130 | such restriction. | ||
131 | |||
132 | 3.4. You must reproduce any and all of Freescale's (or its third | ||
133 | party licensor's) copyright notices and other proprietary legends on copies of | ||
134 | Licensed Software. | ||
135 | |||
136 | 3.5. If you distribute the Licensed Software to the United States | ||
137 | Government, then the Licensed Software is "restricted computer software" and | ||
138 | is subject to FAR 52.227-19 (c)(1) and (c)(2). | ||
139 | |||
140 | 3.6. You grant to Freescale a non-exclusive, non-transferable, | ||
141 | irrevocable, perpetual, worldwide, royalty-free, sub-licensable license under | ||
142 | your Intellectual Property Rights to use without restriction and for any | ||
143 | purpose any suggestion, comment or other feedback related to the Licensed | ||
144 | Software (including, but not limited to, error corrections and bug fixes). | ||
145 | |||
146 | 3.7. You will not take or fail to take any action that could | ||
147 | subject the Licensed Software to an Excluded License. An Excluded License means | ||
148 | any license that requires, as a condition of use, modification or distribution | ||
149 | of software subject to the Excluded License, that such software or other | ||
150 | software combined and/or distributed with the software be (i) disclosed or | ||
151 | distributed in source code form; (ii) licensed for the purpose of making | ||
152 | derivative works; or (iii) redistributable at no charge. | ||
153 | |||
154 | 3.8. You may not publish or distribute information, results or data | ||
155 | associated with the use of the Licensed Software to anyone other than | ||
156 | Freescale; however you must advise Freescale of any results obtained including | ||
157 | any problems or suggested improvements thereof. Freescale retains the right to | ||
158 | use such results and related information in any manner it deems appropriate. | ||
159 | |||
160 | 4. OPEN SOURCE. Open source software included in the Licensed | ||
161 | Software is not licensed under the terms of this Agreement, but is instead | ||
162 | licensed under the terms of the applicable open source license(s), such as the | ||
163 | BSD License, Apache License or the GNU Lesser General Public License. Your use | ||
164 | of the open source software is subject to the terms of each applicable license. | ||
165 | You must agree to the terms of each applicable license, or you cannot use the | ||
166 | open source software. | ||
167 | |||
168 | 5. INTELLECTUAL PROPERTY RIGHTS. Subject to Freescale's ownership | ||
169 | interest in the underlying Licensed Software, all intellectual property rights | ||
170 | associated with, and title to, your Authorized System will be retained by or | ||
171 | will vest in you. Your modifications to the Licensed Software, and all | ||
172 | intellectual property rights associated with, and title thereto, will be the | ||
173 | property of Freescale. Upon request, you must provide Freescale the source | ||
174 | code of any derivative of the Licensed Software. You agree to assign all, | ||
175 | and hereby do assign all rights, title, and interest to any such modifications | ||
176 | to the Licensed Software to Freescale and agree to provide all assistance | ||
177 | reasonably requested by Freescale to establish, preserve or enforce such right. | ||
178 | Further, you agree to waive all moral rights relating to your modifications to | ||
179 | the Licensed Software, including, without limitation, all rights of | ||
180 | identification of authorship and all rights of approval, restriction, or | ||
181 | limitation on use or subsequent modification. Notwithstanding the foregoing, | ||
182 | you will have the license rights granted in Section 2 hereto to any such | ||
183 | modifications made by you or your licensees. | ||
184 | |||
185 | 6. PATENT COVENANT NOT TO SUE. As partial, material consideration for the | ||
186 | rights granted to you under this Agreement, you covenant not to sue or | ||
187 | otherwise assert your patents against Freescale, a Freescale Affiliate or | ||
188 | subsidiary, or a Freescale licensee of the Licensed Software for infringement | ||
189 | of your Intellectual Property Rights by the manufacture, use, sale, offer for | ||
190 | sale, importation or other disposition or promotion of the Licensed Software | ||
191 | and/or any redistributed portions of the Licensed Software. | ||
192 | |||
193 | 7. ESSENTIAL PATENTS. You are solely responsible for obtaining licenses | ||
194 | for any relevant Essential Patents for your use in connection with technology | ||
195 | that you incorporate into the your product (whether as part of the Licensed | ||
196 | Software or not). | ||
197 | |||
198 | 8. TERM AND TERMINATION. This Agreement will remain in effect unless | ||
199 | terminated as provided in this Section 8. | ||
200 | |||
201 | 8.1. You may terminate this Agreement immediately upon written | ||
202 | notice to Freescale at the address provided below. | ||
203 | |||
204 | 8.2. Either party may terminate this Agreement if the other party | ||
205 | is in default of any of the terms and conditions of this Agreement, and | ||
206 | termination is effective if the defaulting party fails to correct such default | ||
207 | within 30 days after written notice thereof by the non-defaulting party to the | ||
208 | defaulting party at the address below. | ||
209 | |||
210 | 8.3. Notwithstanding the foregoing, Freescale may terminate this | ||
211 | Agreement immediately upon written notice if you: breach any of your | ||
212 | confidentiality obligations or the license restrictions under this Agreement; | ||
213 | become bankrupt, insolvent, or file a petition for bankruptcy or insolvency, | ||
214 | make an assignment for the benefit of its creditors; enter proceedings for | ||
215 | winding up or dissolution ;are dissolved; or are nationalized or become subject | ||
216 | to the expropriation of all or substantially all of its business or assets. | ||
217 | |||
218 | 8.4. Upon termination of this Agreement, all licenses granted under | ||
219 | Section 2 will expire, except that any licenses extended to end-users pursuant | ||
220 | to Sections 2.2(b), 2.2(c), and 2.3(b), which have been granted prior to such | ||
221 | termination will survive. | ||
222 | |||
223 | 8.5. After termination of this Agreement by either party and upon | ||
224 | Freescale's written request, you will, at your discretion, return to the | ||
225 | Freescale any confidential information including all copies thereof or furnish | ||
226 | to Freescale at the address below, a statement certifying, with respect to the | ||
227 | Licensed Software delivered hereunder that the original and all copies, except | ||
228 | for archival copies to be used solely for dispute resolution purposes, in whole | ||
229 | or in part, in any form, of the Licensed Software have been destroyed. | ||
230 | |||
231 | 8.6. Notwithstanding the termination of this Agreement for any | ||
232 | reason, the terms of Sections 1, 3, 5 through 25 will survive. | ||
233 | |||
234 | 9. SUPPORT. Freescale is not obligated to provide any | ||
235 | support, upgrades or new releases of the Licensed Software under this | ||
236 | Agreement. If you wish, you may contact Freescale and report problems and | ||
237 | provide suggestions regarding the Licensed Software. Freescale has no | ||
238 | obligation to respond to such a problem report or suggestion. Freescale may | ||
239 | make changes to the Licensed Software at any time, without any obligation to | ||
240 | notify or provide updated versions of the Licensed Software to you. | ||
241 | |||
242 | 10. NO WARRANTY. To the maximum extent permitted by law, | ||
243 | Freescale expressly disclaims any warranty for the Licensed Software. The | ||
244 | Licensed Software is provided "AS IS", without warranty of any kind, either | ||
245 | express or implied, including without limitation the implied warranties of | ||
246 | merchantability, fitness for a particular purpose, or non-infringement. You | ||
247 | assume the entire risk arising out of the use or performance of the licensed | ||
248 | software, or any systems you design using the licensed software (if any). | ||
249 | |||
250 | 11. INDEMNITY. You agree to fully defend and indemnify Freescale | ||
251 | from all claims, liabilities, and costs (including reasonable attorney's fees) | ||
252 | related to (1) your use (including your contractors or distributee's use, if | ||
253 | permitted) of the Licensed Software or (2) your violation of the terms and | ||
254 | conditions of this Agreement. | ||
255 | |||
256 | 12. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A BREACH | ||
257 | OF SECTION 2 (LICENSE GRANTS), SECTION 3 (LICENSE LIMITATIONS AND | ||
258 | RESTRICTIONS), SECTION 17 (CONFIDENTIAL INFORMATION), OR CLAIMS UNDER SECTION | ||
259 | 11(INDEMNITY), IN NO EVENT WILL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, | ||
260 | TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR | ||
261 | PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, | ||
262 | LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR | ||
263 | REVENUES, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. FREESCALE'S TOTAL | ||
264 | LIABILITY FOR ALL COSTS, DAMAGES, CLAIMS, OR LOSSES WHATSOEVER ARISING OUT OF | ||
265 | OR IN CONNECTION WITH THIS AGREEMENT OR PRODUCT(S) SUPPLIED UNDER THIS | ||
266 | AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU TO FREESCALE IN | ||
267 | CONNECTION WITH THE LICENSED SOFTWARE TO WHICH LOSSES OR DAMAGES ARE CLAIMED. | ||
268 | |||
269 | 13. EXPORT RESTRICTIONS. | ||
270 | |||
271 | 13.1. Licensed Software (collectively referred to as "items") is | ||
272 | subject to the export control laws of the United States and other countries | ||
273 | that may lawfully control the export of the Licensed Software. Furnishing | ||
274 | support services with respect to Licensed Software that is controlled as | ||
275 | defense or military items may also be subject to such laws. Accordingly, you | ||
276 | agree you will not transfer the Licensed Software or furnish such services | ||
277 | except in compliance with the export laws of the United States and any other | ||
278 | country that may lawfully control the export of the Licensed Software or the | ||
279 | provision of such services. You will indemnify and hold Freescale harmless | ||
280 | from any claims, liabilities, damages, penalties, forfeitures, and associated | ||
281 | costs and expenses (including attorneys' fees) that Freescale may incur due to | ||
282 | your non-compliance with applicable export laws, rules, and regulations. You | ||
283 | will immediately notify Freescale of any violation of any export law, rule, or | ||
284 | regulation, which may affect Freescale or relate to the activities covered | ||
285 | under this Agreement. | ||
286 | |||
287 | 13.2. If an export/import license, permit, or other government | ||
288 | required authority (collectively referred to as "government authorization") | ||
289 | is required for Freescale to transfer the Licensed Software or any other | ||
290 | Freescale property under this Agreement and such government authorization to | ||
291 | non-Freescale party(ies) is not approved, then Freescale is not obligated to | ||
292 | proceed with the transfer until the required government authorization is | ||
293 | granted. | ||
294 | |||
295 | 14. GOVERNMENT CONTRACT COMPLIANCE. | ||
296 | |||
297 | 14.1. If you sell Authorized Systems directly to any government or | ||
298 | public entity, including U.S., state, local, foreign or international | ||
299 | governments or public entities, or indirectly via a prime contractor or | ||
300 | subcontractor of such governments or entities, Freescale makes no | ||
301 | representations, certifications, or warranties whatsoever about compliance with | ||
302 | government or public entity acquisition statutes or regulations, including, | ||
303 | without limitation, statutes or regulations that may relate to pricing, | ||
304 | quality, origin or content. | ||
305 | |||
306 | 14.2. The Licensed Software has been developed at private expense and | ||
307 | is a "Commercial Item" as defined in 48 C.F.R. Section 2.101, consisting of | ||
308 | "Commercial Computer Software", and/or "Commercial Computer Software | ||
309 | Documentation," as such terms are used in 48 C.F.R. Section 12.212 (or | ||
310 | 48 C.F.R. Section 227.7202, as applicable) and may only be licensed to or | ||
311 | shared with U.S.Government end users in object code form as part of, or | ||
312 | embedded within, Authorized Systems. Any agreement pursuant to which you share | ||
313 | the Licensed Software will include a provision that reiterates the limitations | ||
314 | of this document and requires all sub-agreements to similarly contain such limitations. | ||
315 | |||
316 | 15. SAFETY CRITICAL APPLICATIONS | ||
317 | |||
318 | 15.1. In some cases, Freescale may promote certain Licensed Software | ||
319 | for use in safety-related applications. Freescale's goal is to educate | ||
320 | licensees so that they can design their own end-product solutions to meet | ||
321 | applicable functional safety standards and requirements. You make the | ||
322 | ultimate design decisions regarding your products and are solely responsible | ||
323 | for compliance with all legal, regulatory, safety, and security related | ||
324 | requirements concerning your products, regardless of any information or support | ||
325 | that may be provided by Freescale. Accordingly, you will indemnify and hold | ||
326 | Freescale harmless from any claims, liabilities, damages and associated costs | ||
327 | and expenses (including attorneys' fees) that Freescale may incur related to | ||
328 | your incorporation of any Product in a safety-critical application or system. | ||
329 | |||
330 | 15.2. Only Licensed Software that Freescale has specifically | ||
331 | designated as "Automotive Qualified" is intended for use in automotive, | ||
332 | military, or aerospace applications or environments. If you use Licensed | ||
333 | Software that has not been designated as "Automotive Qualified" in an | ||
334 | automotive, military, or aerospace application or environment, you do so at | ||
335 | your own risk. | ||
336 | |||
337 | 15.3. Licensed Software is not intended or authorized for any use in | ||
338 | anti-personnel landmines. | ||
339 | |||
340 | 16. CHOICE OF LAW; VENUE. This Agreement will be governed by, | ||
341 | construed, and enforced in accordance with the laws of the State of Texas, USA, | ||
342 | without regard to conflicts of laws principles, will apply to all matters | ||
343 | relating to this Agreement or the Licensed Software, and you agree that any | ||
344 | litigation will be subject to the exclusive jurisdiction of the state or | ||
345 | federal courts Texas, USA. The United Nations Convention on Contracts for the | ||
346 | International Sale of Goods will not apply to this document. | ||
347 | |||
348 | 17. CONFIDENTIAL INFORMATION. You must treat the Licensed | ||
349 | Software as confidential information and you agree to retain the Licensed | ||
350 | Software in confidence perpetually, with respect to Licensed Software in source | ||
351 | code form (human readable), or for a period of five (5) years from the date of | ||
352 | termination of this Agreement, with respect to all other parts of the Licensed | ||
353 | Software. During this period you may not disclose any part of the Licensed | ||
354 | Software to anyone other than employees who have a need to know of the | ||
355 | Licensed Software and who have executed written agreements obligating them to | ||
356 | protect such Licensed Software to at least the same degree of care as in this | ||
357 | Agreement. You agree to use the same degree of care, but no less than a | ||
358 | reasonable degree of care, with the Licensed Software as you do with your own | ||
359 | confidential information. You may disclose Licensed Software to the extent | ||
360 | required by a court or under operation of law or order provided that you | ||
361 | notify Freescale of such requirement prior to disclosure, which you only | ||
362 | disclose information required, and that you allow Freescale the opportunity | ||
363 | to object to such court or other legal body requiring such disclosure. | ||
364 | |||
365 | 18. TRADEMARKS. You are not authorized to use any Freescale | ||
366 | trademarks, brand names, or logos. | ||
367 | |||
368 | 19. ENTIRE AGREEMENT. This Agreement constitutes the entire | ||
369 | agreement between you and Freescale regarding the subject matter of this | ||
370 | Agreement, and supersedes all prior communications, negotiations, | ||
371 | understandings, agreements or representations, either written or oral, if any. | ||
372 | This Agreement may only be amended in written form, signed by you and | ||
373 | Freescale. | ||
374 | |||
375 | 20. SEVERABILITY. If any provision of this Agreement is held for | ||
376 | any reason to be invalid or unenforceable, then the remaining provisions of | ||
377 | this Agreement will be unimpaired and, unless a modification or replacement of | ||
378 | the invalid or unenforceable provision is further held to deprive you or | ||
379 | Freescale of a material benefit, in which case the Agreement will immediately | ||
380 | terminate, the invalid or unenforceable provision will be replaced with a | ||
381 | provision that is valid and enforceable and that comes closest to the intention | ||
382 | underlying the invalid or unenforceable provision. | ||
383 | |||
384 | 21. NO WAIVER. The waiver by Freescale of any breach of any | ||
385 | provision of this Agreement will not operate or be construed as a waiver of | ||
386 | any other or a subsequent breach of the same or a different provision. | ||
387 | |||
388 | 22. AUDIT. You will keep full, clear and accurate records with | ||
389 | respect to your compliance with the limited license rights granted under this | ||
390 | Agreement for three years following expiration or termination of this | ||
391 | Agreement. Freescale will have the right, either itself or through an | ||
392 | independent certified public accountant to examine and audit, at Freescale's | ||
393 | expense, not more than once a year, and during normal business hours, all such | ||
394 | records that may bear upon your compliance with the limited license rights | ||
395 | granted above. You must make prompt adjustment to compensate for any errors | ||
396 | and/or omissions disclosed by such examination or audit. | ||
397 | |||
398 | 23. NOTICES. All notices and communications under | ||
399 | this Agreement will be made in writing, and will be effective when received | ||
400 | at the following addresses: | ||
401 | |||
402 | Freescale: Freescale Semiconductor, Inc. | ||
403 | 6501 William Cannon West OE62 | ||
404 | Austin, Texas 78735 | ||
405 | ATTN: General Counsel | ||
406 | |||
407 | You: | ||
408 | The address provided at registration will be used. | ||
409 | |||
410 | 24. RELATIONSHIP OF THE PARTIES. The parties are | ||
411 | independent contractors. Nothing in this Agreement will be construed to create | ||
412 | any partnership, joint venture, or similar relationship. Neither party is | ||
413 | authorized to bind the other to any obligations with third parties. | ||
414 | |||
415 | 25. SUCCESSION AND ASSIGNMENT. This Agreement will be binding | ||
416 | upon and inure to the benefit of the parties and their permitted successors and | ||
417 | assigns. Neither party may assign this Agreement, or any part of this | ||
418 | Agreement, without the prior written approval of the other party, which | ||
419 | approval will not be unreasonably withheld or delayed. | ||
420 | |||
421 | |||
422 | |||
423 | |||
424 | |||
425 | |||
426 | APPENDIX A | ||
427 | |||
428 | Other License Grants and Restrictions: | ||
429 | |||
430 | The Licensed Software may include some or all of the following software, which | ||
431 | is either 1) not Freescale proprietary software or 2) Freescale proprietary | ||
432 | software subject to different terms than those in the Agreement. If the | ||
433 | Software Content Register that accompanies the Licensed Software identifies any | ||
434 | of the following Third Party Software or specific components of the Freescale | ||
435 | Proprietary Software, the following terms apply to the extent they deviate from | ||
436 | the terms in the Agreement: | ||
437 | |||
438 | Third Party Software | ||
439 | |||
440 | Use Restrictions | ||
441 | |||
442 | Atheros | ||
443 | |||
444 | Use of Atheros software is limited to evaluation and demonstration only. | ||
445 | Permitted distributions must be similarly limited. Further rights must be | ||
446 | obtained directly from Atheros. | ||
447 | |||
448 | ATI (AMD) | ||
449 | |||
450 | Distribution of ATI software must be a part of, or embedded within, Authorized | ||
451 | Systems that include a ATI graphics processor core. | ||
452 | |||
453 | Coding Technologies (Dolby Labs) | ||
454 | |||
455 | Use of CTS software is limited to evaluation and demonstration only. Permitted | ||
456 | distributions must be similarly limited. Further rights must be obtained from | ||
457 | Dolby Laboratories. | ||
458 | |||
459 | CSR | ||
460 | |||
461 | Use of Cambridge Silicon Radio, Inc. ("CSR") software is limited to evaluation | ||
462 | and demonstration only. Permitted distributions must be similarly limited. | ||
463 | Further rights must be obtained directly from CSR. | ||
464 | |||
465 | Freescale Wireless Charging Library | ||
466 | |||
467 | License to the Software is limited to use in inductive coupling or wireless | ||
468 | charging applications | ||
469 | |||
470 | Global Locate (Broadcom Corporation) | ||
471 | |||
472 | Use of Global Locate, Inc. software is limited to evaluation and demonstration | ||
473 | only. Permitted distributions must be similarly limited. Further rights must | ||
474 | be obtained from Global Locate. | ||
475 | |||
476 | Imagination Technologies Limited (IMG) | ||
477 | |||
478 | If the Licensed Software includes proprietary software developed by IMG, your | ||
479 | rights are limited to a non-exclusive, world-wide right and non-transferrable | ||
480 | and non-sub-licensable license (i) to use and modify the Licensed Software and | ||
481 | documentation and (ii) to copy and distribute the Licensed Software only in | ||
482 | object code form solely for use on Freescale Rayleigh products. If you are | ||
483 | provided with the Licensed Software in source code format, you are restricted | ||
484 | to accessing only those deliverables in source code format which are necessary | ||
485 | for you to carry out either specific customization or porting work in | ||
486 | association with Freescale's Rayleigh products or your Authorized System. | ||
487 | |||
488 | The confidentiality restrictions shall continue in force without limit in time | ||
489 | notwithstanding the termination or expiration of this Agreement. | ||
490 | |||
491 | Micrium | ||
492 | |||
493 | uC/OS-II and uC/OS-III is provided in source form for FREE short-term | ||
494 | evaluation, for educational use or for peaceful research. If you plan or | ||
495 | intend to use uC/OS-II or uC/OS-III in a commercial application/product then, | ||
496 | you need to contact Micrium to properly license uC/OS-II or uC/OS-III for its | ||
497 | use in your application/product. We provide ALL the source code for your | ||
498 | convenience and to help you experience uC/OS-II or uC/OS-III. The fact that | ||
499 | the source is provided does NOT mean that you can use it commercially without | ||
500 | paying a licensing fee. | ||
501 | |||
502 | Microsoft | ||
503 | |||
504 | If the Licensed Software includes software owned by Microsoft Corporation | ||
505 | ("Microsoft"), it is subject to the terms of your license with Microsoft (the | ||
506 | "Microsoft Underlying Licensed Software") and as such, Freescale grants no | ||
507 | license to you, beyond evaluation and demonstration in connection with Freescale | ||
508 | processors, in the Microsoft Underlying Licensed Software. You must separately | ||
509 | obtain rights beyond evaluation and demonstration in connection with the | ||
510 | Microsoft Underlying Licensed Software from Microsoft. | ||
511 | |||
512 | Microsoft does not provide support services for the components provided to you | ||
513 | through this Agreement. If you have any questions or require technical | ||
514 | assistance, please contact Freescale. Microsoft Corporation is a third party | ||
515 | beneficiary to this Agreement with the right to enforce the terms of this | ||
516 | Agreement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT AND ITS | ||
517 | AFFILIATES DISCLAIM ANY WARRANTIES FOR THE MICROSOFT UNDERLYING LICENSED | ||
518 | SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MICROSOFT NOR ITS | ||
519 | AFFILIATES WILL BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY | ||
520 | DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, | ||
521 | INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, | ||
522 | INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, ARISING | ||
523 | FROM THE FROM THE USE OF THE MICROSOFT UNDERLYING LICENSED SOFTWARE. | ||
524 | |||
525 | MindTree | ||
526 | |||
527 | Notwithstanding the terms contained in Section 2.3 (a), if the Licensed | ||
528 | Software includes proprietary software of MindTree in source code format, | ||
529 | Licensee may make modifications and create derivative works only to the | ||
530 | extent necessary for debugging of the Licensed Software. | ||
531 | |||
532 | MPEG LA | ||
533 | |||
534 | Use of MPEG LA audio or video codec technology is limited to evaluation | ||
535 | and demonstration only. Permitted distributions must be similarly limited. | ||
536 | Further rights must be obtained directly from MPEG LA. | ||
537 | |||
538 | MQX RTOS Code | ||
539 | |||
540 | MQX RTOS source code may not be re-distributed by any FSL Licensee under | ||
541 | any circumstance, even by a signed written amendment to this Agreement. | ||
542 | |||
543 | Opus | ||
544 | |||
545 | Use of Opus software must be consistent with the terms of the Opus license | ||
546 | which can be found at: http://www.opus-codec.org/license/ | ||
547 | |||
548 | Real Networks - its GStreamer Optimized Real Format Client Code implementation | ||
549 | or OpenMax Optimized Real Format Client Code | ||
550 | |||
551 | Use of the GStreamer Optimized Real Format Client Code, or OpenMax Optimized | ||
552 | Real Format Client code is restricted to applications in the automotive market. | ||
553 | Licensee must be a final manufacturer in good standing with a current license | ||
554 | with Real Networks for the commercial use and distribution of products | ||
555 | containing the GStreamer Optimized Real Format Client Code implementation or | ||
556 | OpenMax Optimized Real Format Client Code | ||
557 | |||
558 | SanDisk Corporation | ||
559 | |||
560 | If the Licensed Software includes software developed by SanDisk Corporation | ||
561 | ("SanDisk"), you must separately obtain the rights to reproduce and distribute | ||
562 | this software in source code form from SanDisk. Please follow these easy steps | ||
563 | to obtain the license and software: | ||
564 | |||
565 | 1. Contact your local SanDisk sales representative to obtain the SanDisk | ||
566 | License Agreement. | ||
567 | |||
568 | 2. Sign the license agreement. Fax the signed agreement to SanDisk USA | ||
569 | marketing department at 408-542-0403. The license will be valid when fully | ||
570 | executed by SanDisk. | ||
571 | |||
572 | 3. If you have specific questions, please send an email to | ||
573 | sales@sandisk.com | ||
574 | |||
575 | You may only use the SanDisk Corporation Licensed Software on products | ||
576 | compatible with a SanDisk Secure Digital Card. You may not use the SanDisk | ||
577 | Corporation Licensed Software on any memory device product. SanDisk retains | ||
578 | all rights to any modifications or derivative works to the SanDisk Corporation | ||
579 | Licensed Software that you may create. | ||
580 | |||
581 | Texas Instruments | ||
582 | |||
583 | Your use of Texas Instruments Inc. WiLink8 Licensed Software is restricted | ||
584 | to Freescale SoC based systems that include a compatible connectivity device | ||
585 | manufactured by TI. | ||
586 | |||
587 | Vivante | ||
588 | |||
589 | Distribution of Vivante software must be a part of, or embedded within, | ||
590 | Authorized Systems that include a Vivante Graphics Processing Unit. | ||