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authorCristinel Panfir <cristinel.panfir@nxp.com>2020-01-06 15:30:32 +0200
committerOtavio Salvador <otavio@ossystems.com.br>2020-01-07 18:48:07 -0300
commitbfc2b09891e9599d5278bae368092cd4d7de1b84 (patch)
tree5ea9b5ec748ff62831ca145ed6bf5d1fff613317 /EULA
parentb16139f260908ad84d227ac4851cb8b596cdb339 (diff)
downloadmeta-freescale-bfc2b09891e9599d5278bae368092cd4d7de1b84.tar.gz
EULA: Update LA_OPT_NXP_Software_License v9 August 2019
Signed-off-by: Cristinel Panfir <cristinel.panfir@nxp.com>
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1LA_OPT_BASE_LICENSE v24 May 2018 1LA_OPT_NXP_Software_License v9 August 2019
2
3
4 2
5IMPORTANT. Read the following NXP Software License Agreement ("Agreement") 3IMPORTANT. Read the following NXP Software License Agreement ("Agreement")
6completely. By selecting the "I Accept" button at the end of this page, you 4completely. By selecting the "I Accept" button at the end of this page, or by
7indicate that you accept the terms of the Agreement and you acknowledge that 5downloading, installing, or using the Licensed Software, you indicate that you
8you have the authority, for yourself or on behalf of your company, to bind your 6accept the terms of the Agreement and you acknowledge that you have the
9company to these terms. You may then download or install the file. 7authority, for yourself or on behalf of your company, to bind your company to
10 8these terms. You may then download or install the file. In the event of a
11 9conflict between the terms of this Agreement and any license terms and
10conditions for NXP's proprietary software embedded anywhere in the Licensed
11Software file, the terms of this Agreement shall control. If a separate
12license agreement for the Licensed Software has been signed by you and NXP,
13then that agreement shall govern your use of the Licensed Software and shall
14supersede this Agreement.
12 15
13NXP SOFTWARE LICENSE AGREEMENT 16NXP SOFTWARE LICENSE AGREEMENT
14 17
15 18This is a legal agreement between your employer, of which you are an authorized
16 19representative, or, if you have no employer, you as an individual ("you" or
17This is a legal agreement between you, as an authorized representative of your 20"Licensee"), and NXP B.V. ("NXP"). It concerns your rights to use the software
18employer, or if you have no employer, as an individual (together "you"), and 21provided to you in binary or source code form and any accompanying written
19NXP B.V. ("NXP"). It concerns your rights to use the software identified in 22materials (the "Licensed Software"). The Licensed Software may include any
20the Software Content Register and provided to you in binary or source code form 23updates or error corrections or documentation relating to the Licensed Software
21and any accompanying written materials (the "Licensed Software"). The Licensed 24provided to you by NXP under this Agreement. In consideration for NXP allowing
22Software may include any updates or error corrections or documentation relating 25you to access the Licensed Software, you are agreeing to be bound by the terms
23to the Licensed Software provided to you by NXP under this License. In 26of this Agreement. If you do not agree to all of the terms of this Agreement,
24consideration for NXP allowing you to access the Licensed Software, you are 27do not download or install the Licensed Software. If you change your mind
25agreeing to be bound by the terms of this Agreement. If you do not agree to all 28later, stop using the Licensed Software and delete all copies of the Licensed
26of the terms of this Agreement, do not download or install the Licensed 29Software in your possession or control. Any copies of the Licensed Software
27Software. If you change your mind later, stop using the Licensed Software and 30that you have already distributed, where permitted, and do not destroy will
28delete all copies of the Licensed Software in your possession or control. Any 31continue to be governed by this Agreement. Your prior use will also continue to
29copies of the Licensed Software that you have already distributed, where 32be governed by this Agreement.
30permitted, and do not destroy will continue to be governed by this Agreement. 33
31Your prior use will also continue to be governed by this Agreement. 341. DEFINITIONS
32 35
331. DEFINITIONS 361.1. "Affiliate" means, with respect to a party, any corporation or
34 37other legal entity that now or hereafter Controls, is Controlled by or is under
351.1. For NXP, the term "Affiliate" means (i) any Person Controlled by NXP 38common Control with such party; where "Control" means the direct or indirect
36Semiconductors N.V. or (ii) any Person Controlled by any transferee of all or 39ownership of greater than fifty percent (50%) of the shares or similar
37substantially all of the assets of NXP Semiconductors N.V., where "Controlled" 40interests entitled to vote for the election of directors or other persons
38means the direct or indirect beneficial ownership of more than fifty percent 41performing similar functions. An entity is considered an Affiliate only so long
39(50%) of the voting stock, or decision-making authority in the event that there 42as such Control exists.
40is no voting stock, in another entity; provided, any such Person described in 43
41clause (i) or (ii) shall be deemed to be an "Affiliate" only for so long as 441.2 "Authorized System" means either (i) Licensee's hardware product
42such Person is Controlled by NXP Semiconductors N.V. or such transferee. For 45which incorporates an NXP Product or (ii) Licensee's software program which is
43the purposes of this definition, "Person" is defined to mean "an individual, 46used exclusively in connection with an NXP Product and with which the Licensed
44corporation, partnership, limited liability company, association, 47Software will be integrated.
45unincorporated association, trust or other entity or organization, including a 48
46government or political subdivision or an agency or instrumentality thereof." 491.3. "Derivative Work" means a work based upon one or more pre-existing
47 50works. A work consisting of editorial revisions, annotations, elaborations, or
481.2. "Essential Patent" means a patent to the limited extent that infringement 51other modifications which, as a whole, represent an original work of
49of such patent cannot be avoided in remaining compliant with the technology 52authorship, is a Derivative Work.
50standards implicated by the usage of any of the Licensed Software, including 53
51optional implementation of the standards, on technical but not commercial 541.4 "Intellectual Property Rights" means any and all rights under
52grounds, taking into account normal technical practice and the state of the art 55statute, common law or equity in and under copyrights, trade secrets, and
53generally available at the time of standardization. 56patents (including utility models), and analogous rights throughout the world,
54
551.3. "Intellectual Property Rights" means any and all rights under statute,
56common law or equity in and under copyrights, trade secrets, and patents
57(including utility models), and analogous rights throughout the world,
58including any applications for and the right to apply for, any of the foregoing. 57including any applications for and the right to apply for, any of the foregoing.
59 58
601.4. "Software Content Register" means the documentation accompanying the 591.5 "NXP Product" means a programmable processing unit (e.g. a
61Licensed Software which identifies the contents of the Licensed Software, 60microprocessor, microcontroller, sensor or digital signal processor) supplied
62including but not limited to identification of any Third Party Software. 61directly or indirectly from NXP or an NXP Affiliate.
63 62
641.5. "Third Party Software" means, any software included in the Licensed 631.6 "Software Content Register" means the documentation which may
65Software that is not NXP Proprietary software, and is not open source software, 64accompany the Licensed Software which identifies the contents of the Licensed
65Software, including but not limited to identification of any Third Party
66Software, if any, and may also contain other related information as whether the
67license in 2.3 is applicable.
68
691.7 "Third Party Software" means, any software included in the Licensed
70Software that is not NXP proprietary software, and is not open source software,
66and to which different license terms may apply. 71and to which different license terms may apply.
67 72
682. LICENSE GRANT. 732. LICENSE GRANT.
69 74
702.1. Separate license grants to Third Party Software, or other terms applicable 752.1. If you are not expressly granted the production use license in
71to the Licensed Software if different from those granted in this Section 2, are 76Section 2.3 in the Software Content Register, then you are only granted the
72contained in Appendix A. The Licensed Software is accompanied by a Software 77rights in Section 2.2 and not in 2.3. If you are expressly granted the
73Content Register which will identify that portion of the Licensed Software, if 78production use license in Section 2.3 in the Software Content Register, then
74any, that is subject to the different terms in Appendix A. 79you are granted the rights in both Section 2.2 and 2.3.
75 80
762.2. Exclusively in connection with your development and distribution of 812.2. Internal Use License. Subject to the terms and conditions of this
77product containing a programmable processing unit (e.g. a microprocessor, 82Agreement, NXP grants you a worldwide, personal, non-transferable,
78microcontroller, sensor or digital signal processor) ("NXP Product") supplied 83non-exclusive, non-sublicensable license, solely for the development of an
79directly or indirectly from NXP ("Authorized System"), and exclusively for use 84Authorized System:
80with or integrated within an NXP Product, NXP grants you a world-wide, 85(a) to use and reproduce the Licensed Software (and its Derivative Works
81personal, non-transferable, non-exclusive, non-sublicensable, license, under 86prepared under the license in Section 2.2(b)); and
82NXP's Intellectual Property Rights: 87(b) for Licensed Software provided to you in source code form (human
83 88readable), to prepare Derivative Works of the Licensed Software.
84(a) to use and reproduce the Licensed Software only as part of, or integrated 89You may not distribute or sublicense the Licensed Software to others under the
85within, Authorized Systems and not on a standalone basis; 90license granted in this Section 2.2.
86 91
87(b) to directly or indirectly manufacture, demonstrate, copy, distribute, 922.3. Production Use License. If expressly authorized in the Software
88market and sell the Licensed Software in object code (machine readable) only as 93Content Register, subject to the terms and conditions of this Agreement, NXP
89part of, or embedded within, Authorized Systems in object code form and not on 94grants you a worldwide, personal, non-transferable, non-exclusive,
90a standalone basis. Notwithstanding the foregoing, those files marked as .h 95non-sublicensable license solely in connection with your manufacturing and
91files ("Header files") may be distributed in source or object code form, but 96distribution of an Authorized System:
92only as part of, or embedded within Authorized Systems. 97(a) to manufacture (or have manufactured), distribute, and market
93 98the Licensed Software (and its Derivative Works prepared under the license in
94(c) to copy, use and distribute as needed, solely in connection with an 992.2(b)) in object code (machine readable format) only as part of, or embedded
95Authorized System, proprietary NXP information associated with the Licensed 100within, Authorized Systems and not on a standalone basis. Notwithstanding the
96Software for the purpose of developing, maintaining and supporting Authorized 101foregoing, those files marked as .h files ("Header files") may be distributed
97Systems with which the Licensed Software is integrated or associated. 102in source or object code form, but only as part of, or embedded within
98 103Authorized Systems; and
99 104(b) to copy and distribute as needed, solely in connection with an
100 105Authorized System, non-confidential NXP information provided as part of the
1012.3. For Licensed Software provided to you in source code form (human 106Licensed Software for the purpose of maintaining and supporting Authorized
102readable), exclusively for use with or integrated within an NXP Product, NXP 107Systems with which the Licensed Software is integrated.
103further grants to you a worldwide, personal, non-transferable, non-exclusive, 108
104non-sublicensable, license, under NXP's Intellectual Property Rights: 1092.4 Separate license grants to Third Party Software, or other terms
105 110applicable to the Licensed Software if different from those granted in this
106(a) to prepare derivative works of the Licensed Software, only as part of, or 111Section 2, are contained in Appendix A. The Licensed Software may be
107integrated within, Authorized Systems and not on a standalone basis; 112accompanied by a Software Content Register which will identify that portion of
108 113the Licensed Software, if any, that is subject to the different terms in
109(b) to use, demonstrate, copy, distribute, market and sell the derivative 114Appendix A.
110works of the Licensed Software in object code (machine readable) only as part 115
111of, or integrated within, Authorized Systems and not on a standalone basis. 1162.5. You may use subcontractors on your premises to exercise your
112Notwithstanding the foregoing, those files marked as .h files ("Header files") 117rights under Section 2.2 and Section 2.3, if any, so long as you have an
113may be distributed in source or object code form, but only as part of, or 118agreement in place with the subcontractor containing confidentiality
114embedded within Authorized Systems. 119restrictions no less stringent than those contained in this Agreement. You will
115 120remain liable for your subcontractors' adherence to the terms of this Agreement
1162.4. You may use subcontractors on your premises to exercise your rights under 121and for any and all acts and omissions of such subcontractors with respect to
117Section 2.2 and 2.3 so long as you have an agreement in place with the 122this Agreement and the Licensed Software.
118subcontractor containing confidentiality restrictions no less stringent than 123
119those contained in this Agreement. You will remain liable for your 1243. LICENSE LIMITATIONS AND RESTRICTIONS.
120subcontractors' adherence to the terms of this Agreement and for any and all 125
121acts and omissions of such subcontractors with respect to this Agreement and 1263.1. The licenses granted above in Section 2 only extend to NXP
122the Licensed Software. 127Intellectual Property Rights that would be infringed by the unmodified Licensed
123 128Software prior to your preparation of any Derivative Work.
1243. LICENSE LIMITATIONS AND RESTRICTIONS. 1293.2. The Licensed Software is licensed to you, not sold. Title to
125 130Licensed Software delivered hereunder remains vested in NXP or NXP's licensor
1263.1. The licenses granted above in Section 2.3 only extend to NXP intellectual 131and cannot be assigned or transferred. You are expressly forbidden from selling
127property rights that would be infringed by the Licensed Software prior to your 132or otherwise distributing the Licensed Software, or any portion thereof, except
128preparation of any derivative work. 133as expressly permitted herein. This Agreement does not grant to you any implied
129 134rights under any NXP or third party Intellectual Property Rights.
1303.2. The Licensed Software is licensed to you, not sold. Title to Licensed 1353.3. You may not translate, reverse engineer, decompile, or disassemble
131Software delivered hereunder remains vested in NXP or NXP's licensor and cannot 136the Licensed Software except to the extent applicable law specifically
132be assigned or transferred. You are expressly forbidden from selling or 137prohibits such restriction. You must prohibit your subcontractors or customers
133otherwise distributing the Licensed Software, or any portion thereof, except as 138(if distribution is permitted) from translating, reverse engineering,
134expressly permitted herein. This Agreement does not grant to you any implied 139decompiling, or disassembling the Licensed Software except to the extent
135rights under any NXP or third party intellectual property. 140applicable law specifically prohibits such restriction.
136 1413.4. You must reproduce any and all of NXP's (or its third-party
1373.3. You may not translate, reverse engineer, decompile, or disassemble the 142licensor's) copyright notices and other proprietary legends on copies of
138Licensed Software except to the extent applicable law specifically prohibits 143Licensed Software.
139such restriction. You must prohibit your sublicensees from translating, 1443.5. If you distribute the Licensed Software to the United States
140reverse engineering, decompiling, or disassembling the Licensed Software except 145Government, then the Licensed Software is "restricted computer software" and is
141to the extent applicable law specifically prohibits such restriction. 146subject to FAR 52.227-19.
142 1473.6. You grant to NXP a non-exclusive, non-transferable, irrevocable,
1433.4. You must reproduce any and all of NXP's (or its third party licensor's)
144copyright notices and other proprietary legends on copies of Licensed Software.
145
146
1473.5. If you distribute the Licensed Software to the United States Government,
148then the Licensed Software is "restricted computer software" and is subject to
149FAR 52.227-19 (c)(1) and (c)(2).
150
1513.6. You grant to NXP a non-exclusive, non-transferable, irrevocable,
152perpetual, worldwide, royalty-free, sub-licensable license under your 148perpetual, worldwide, royalty-free, sub-licensable license under your
153Intellectual Property Rights to use without restriction and for any purpose any 149Intellectual Property Rights to use without restriction and for any purpose any
154suggestion, comment or other feedback related to the Licensed Software 150suggestion, comment or other feedback related to the Licensed Software
155(including, but not limited to, error corrections and bug fixes). 151(including, but not limited to, error corrections and bug fixes).
156 1523.7. You will not take or fail to take any action that could subject
1573.7. You will not take or fail to take any action that could subject the 153the Licensed Software to an Excluded License. An Excluded License means any
158Licensed Software to an Excluded License. An Excluded License means any license 154license that requires, as a condition of use, modification or distribution of
159that requires, as a condition of use, modification or distribution of software 155software subject to the Excluded License, that such software or other software
160subject to the Excluded License, that such software or other software combined 156combined and/or distributed with the software be (i) disclosed or distributed
161and/or distributed with the software be (i) disclosed or distributed in source 157in source code form; (ii) licensed for the purpose of making Derivative Works;
162code form; (ii) licensed for the purpose of making derivative works; or (iii) 158or (iii) redistributable at no charge.
163redistributable at no charge. 1593.8. You may not publish or distribute information, results or data
164 160associated with the use of the Licensed Software to anyone other than NXP;
1653.8. You may not publish or distribute information, results or data associated 161however, you must advise NXP of any results obtained including any problems or
166with the use of the Licensed Software to anyone other than NXP; however, you 162suggested improvements thereof. NXP retains the right to use such results and
167must advise NXP of any results obtained including any problems or suggested 163related information in any manner it deems appropriate
168improvements thereof. NXP retains the right to use such results and related 164
169information in any manner it deems appropriate. 1654. OPEN SOURCE. Open source software included in the Licensed
170 166Software is not licensed under the terms of this Agreement but is instead
1714. OPEN SOURCE. Open source software included in the 167licensed under the terms of the applicable open source license(s), such as the
172Licensed Software is not licensed under the terms of this Agreement but is 168BSD License, Apache License or the GNU Lesser General Public License. Your use
173instead licensed under the terms of the applicable open source license(s), such 169of the open source software is subject to the terms of each applicable license.
174as the BSD License, Apache License or the GNU Lesser General Public License. 170You must agree to the terms of each applicable license, or you cannot use the
175Your use of the open source software is subject to the terms of each applicable 171open source software.
176license. You must agree to the terms of each applicable license, or you cannot 172
177use the open source software. 1735. INTELLECTUAL PROPERTY RIGHTS. Your modifications to the Licensed
178 174Software, and all Intellectual Property Rights associated with, and title
1795. INTELLECTUAL PROPERTY RIGHTS. Subject to NXP's ownership 175thereto, will be the property of NXP. Upon request, you must provide NXP the
180interest in the underlying Licensed Software, all intellectual property rights 176source code of any derivative of the Licensed Software. You agree to assign
181associated with, and title to, your Authorized System will be retained by or 177all, and hereby do assign all rights, title, and interest to any such
182will vest in you. Your modifications to the Licensed Software, and all 178modifications to the Licensed Software to NXP and agree to provide all
183intellectual property rights associated with, and title thereto, will be the 179assistance reasonably requested by NXP to establish, preserve or enforce such
184property of NXP. Upon request, you must provide NXP the source code of any 180right. Further, you agree to waive all moral rights relating to your
185derivative of the Licensed Software. You agree to assign all, and hereby do 181modifications to the Licensed Software, including, without limitation, all
186assign all rights, title, and interest to any such modifications to the 182rights of identification of authorship and all rights of approval, restriction,
187Licensed Software to NXP and agree to provide all assistance reasonably 183or limitation on use or subsequent modification. Notwithstanding the foregoing,
188requested by NXP to establish, preserve or enforce such right. Further, you 184you will have the license rights granted in Section 2 hereto to any such
189agree to waive all moral rights relating to your modifications to the Licensed 185modifications made by you or your subcontractor.
190Software, including, without limitation, all rights of identification of 186
191authorship and all rights of approval, restriction, or limitation on use or 1876. PATENT COVENANT NOT TO SUE. As partial, material consideration for the
192subsequent modification. Notwithstanding the foregoing, you will have the 188rights granted to you under this Agreement, you covenant not to sue or
193license rights granted in Section 2 hereto to any such modifications made by 189otherwise assert your patents against NXP or an NXP Affiliate, or a NXP
194you or your licensees. 190licensee of the Licensed Software for infringement of your Intellectual
195
1966. PATENT COVENANT NOT TO SUE. As partial, material consideration
197for the rights granted to you under this Agreement, you covenant not to sue or
198otherwise assert your patents against NXP, a NXP Affiliate or subsidiary, or a
199NXP licensee of the Licensed Software for infringement of your Intellectual
200Property Rights by the manufacture, use, sale, offer for sale, importation or 191Property Rights by the manufacture, use, sale, offer for sale, importation or
201other disposition or promotion of the Licensed Software and/or any 192other disposition or promotion of the Licensed Software and/or any
202redistributed portions of the Licensed Software. 193redistributed portions of the Licensed Software.
203 194
2047. ESSENTIAL PATENTS. You are solely responsible for obtaining 1957. ESSENTIAL PATENTS. NXP has no obligation to identify or obtain any
205licenses for any relevant Essential Patents for your use in connection with 196license to any Intellectual Property Right of a third-party that may be
206technology that you incorporate into your product (whether as part of the 197necessary for use in connection with technology that is incorporated into the
207Licensed Software or not). 198Authorized System (whether or not as part of the Licensed Software).
208 199
2098. TERM AND TERMINATION. This Agreement will remain in effect 2008. TERM AND TERMINATION. This Agreement will remain in effect unless
210unless terminated as provided in this Section 8. 201terminated as provided in this Section.
211 2028.1. You may terminate this Agreement immediately upon written notice
2128.1. You may terminate this Agreement immediately upon written notice to NXP at 203to NXP at the address provided below.
213the address provided below. 2048.2. Either party may terminate this Agreement if the other party is in
214 205default of any of the terms and conditions of this Agreement, and termination
2158.2. Either party may terminate this Agreement if the other party is in default 206is effective if the defaulting party fails to correct such default within 30
216of any of the terms and conditions of this Agreement, and termination is 207days after written notice thereof by the non-defaulting party to the defaulting
217effective if the defaulting party fails to correct such default within 30 days
218after written notice thereof by the non-defaulting party to the defaulting
219party at the address below. 208party at the address below.
220 2098.3. Notwithstanding the foregoing, NXP may terminate this Agreement
2218.3. Notwithstanding the foregoing, NXP may terminate this Agreement
222immediately upon written notice if you: breach any of your confidentiality 210immediately upon written notice if you: breach any of your confidentiality
223obligations or the license restrictions under this Agreement; become bankrupt, 211obligations or the license restrictions under this Agreement; become bankrupt,
224insolvent, or file a petition for bankruptcy or insolvency, make an assignment 212insolvent, or file a petition for bankruptcy or insolvency; make an assignment
225for the benefit of its creditors; enter proceedings for winding up or 213for the benefit of its creditors; enter proceedings for winding up or
226dissolution ;are dissolved; or are nationalized or become subject to the 214dissolution; are dissolved; or are nationalized or become subject to the
227expropriation of all or substantially all of its business or assets. 215expropriation of all or substantially all of your business or assets.
228 2168.4. Upon termination of this Agreement, all licenses granted under
2298.4. Upon termination of this Agreement, all licenses granted under Section 2 217Section 2 will expire.
230will expire, except that any licenses extended to end-users pursuant to 2188.5. After termination of this Agreement by either party you will
231Sections 2.2(b), 2.2(c), and 2.3(b), which have been granted prior to such 219destroy all parts of Licensed Software and its Derivative Works (if any) and
232termination will survive. 220will provide to NXP a statement certifying the same.
233 2218.6. Notwithstanding the termination of this Agreement for any reason,
2348.5. After termination of this Agreement by either party and upon NXP's written 222the terms of Sections 1 and 3 through 25 will survive.
235request, you will, at your discretion, return to the NXP any confidential 223
236information including all copies thereof or furnish to NXP at the address 2249. SUPPORT. NXP is not obligated to provide any support, upgrades or
237below, a statement certifying, with respect to the Licensed Software delivered 225new releases of the Licensed Software under this Agreement. If you wish, you
238hereunder that the original and all copies, except for archival copies to be
239used solely for dispute resolution purposes, in whole or in part, in any form,
240of the Licensed Software have been destroyed.
241
2428.6. Notwithstanding the termination of this Agreement for any reason, the
243terms of Sections 1, 3, 5 through 25 will survive.
244
2459. SUPPORT. NXP is not obligated to provide any support, upgrades
246or new releases of the Licensed Software under this Agreement. If you wish, you
247may contact NXP and report problems and provide suggestions regarding the 226may contact NXP and report problems and provide suggestions regarding the
248Licensed Software. NXP has no obligation to respond to such a problem report or 227Licensed Software. NXP has no obligation to respond to such a problem report or
249suggestion. NXP may make changes to the Licensed Software at any time, without 228suggestion. NXP may make changes to the Licensed Software at any time, without
250any obligation to notify or provide updated versions of the Licensed Software 229any obligation to notify or provide updated versions of the Licensed Software
251to you. 230to you.
252 231
23210. NO WARRANTY. To the maximum extent permitted by law, NXP expressly
233disclaims any warranty for the Licensed Software. The Licensed Software is
234provided "AS IS", without warranty of any kind, either express or implied,
235including without limitation the implied warranties of merchantability, fitness
236for a particular purpose, or non-infringement. You assume the entire risk
237arising out of the use or performance of the licensed software, or any systems
238you design using the licensed software (if any).
253 239
25410. NO WARRANTY. To the maximum extent permitted by law, NXP 24011. INDEMNITY. You agree to fully defend and indemnify NXP from all
255expressly disclaims any warranty for the Licensed Software. The Licensed
256Software is provided "AS IS", without warranty of any kind, either express or
257implied, including without limitation the implied warranties of
258merchantability, fitness for a particular purpose, or non-infringement. You
259assume the entire risk arising out of the use or performance of the licensed
260software, or any systems you design using the licensed software (if any).
261
26211. INDEMNITY. You agree to fully defend and indemnify NXP from all
263claims, liabilities, and costs (including reasonable attorney's fees) related 241claims, liabilities, and costs (including reasonable attorney's fees) related
264to (1) your use (including your contractors or distributee's use, if permitted) 242to (1) your use (including your subcontractor's or distributee's use, if
265of the Licensed Software or (2) your violation of the terms and conditions of 243permitted) of the Licensed Software or (2) your violation of the terms and
266this Agreement. 244conditions of this Agreement.
267 245
26812. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A BREACH OF 24612. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A BREACH OF
269SECTION 2 (LICENSE GRANTS), SECTION 3 (LICENSE LIMITATIONS AND RESTRICTIONS), 247SECTION 2 (LICENSE GRANTS), SECTION 3 (LICENSE LIMITATIONS AND RESTRICTIONS),
270SECTION 17 (CONFIDENTIAL INFORMATION), OR CLAIMS UNDER SECTION 11(INDEMNITY), 248SECTION 17 (CONFIDENTIAL INFORMATION), OR CLAIMS UNDER SECTION 11(INDEMNITY),
271IN NO EVENT WILL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, TORT, OR 249IN NO EVENT WILL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, TORT, OR
272OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE 250OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE
273DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF 251DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF
274TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, TO 252TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, TO
275THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. NXP'S TOTAL LIABILITY FOR ALL 253THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. NXP'S TOTAL LIABILITY FOR ALL
276COSTS, DAMAGES, CLAIMS, OR LOSSES WHATSOEVER ARISING OUT OF OR IN CONNECTION 254COSTS, DAMAGES, CLAIMS, OR LOSSES WHATSOEVER ARISING OUT OF OR IN CONNECTION
277WITH THIS AGREEMENT OR PRODUCT(S) SUPPLIED UNDER THIS AGREEMENT IS LIMITED TO 255WITH THIS AGREEMENT OR PRODUCT(S) SUPPLIED UNDER THIS AGREEMENT IS LIMITED TO
278THE AGGREGATE AMOUNT PAID BY YOU TO NXP IN CONNECTION WITH THE LICENSED 256THE AGGREGATE AMOUNT PAID BY YOU TO NXP IN CONNECTION WITH THE LICENSED
279SOFTWARE TO WHICH LOSSES OR DAMAGES ARE CLAIMED. 257SOFTWARE PROVIDED UNDER THIS AGREEMENT TO WHICH LOSSES OR DAMAGES ARE CLAIMED.
280
281 258
28213. EXPORT COMPLIANCE. Each party shall comply with all applicable 25913. EXPORT COMPLIANCE. Each party shall comply with all applicable
283export and import control laws and regulations including but not limited to the 260export and import control laws and regulations including but not limited to the
284US Export Administration Regulations (including prohibited party lists issued 261US Export Administration Regulation (including prohibited party lists issued by
285by other federal governments), Catch-all regulations and all national and 262other federal governments), Catch-all regulations and all national and
286international embargoes. Each party further agrees that it will not knowingly 263international embargoes. Each party further agrees that it will not knowingly
287transfer, divert, export or re-export, directly or indirectly, any product, 264transfer, divert, export or re-export, directly or indirectly, any product,
288software, including software source code, or technology restricted by such 265software, including software source code, or technology restricted by such
@@ -293,88 +270,74 @@ such transfer, diversion, export or re-export is restricted or prohibited,
293without obtaining prior written authorization from the applicable competent 270without obtaining prior written authorization from the applicable competent
294government authorities to the extent required by those laws. 271government authorities to the extent required by those laws.
295 272
29614. GOVERNMENT CONTRACT COMPLIANCE. 27314. GOVERNMENT CONTRACT COMPLIANCE
297 274
29814.1. If you sell Authorized Systems directly to any government 27514.1. If you sell Authorized Systems directly to any government or public
299or public entity, including U.S., state, local, foreign or international 276entity, including U.S., state, local, foreign or international governments or
300governments or public entities, or indirectly via a prime contractor or 277public entities, or indirectly via a prime contractor or subcontractor of such
301subcontractor of such governments or entities, NXP makes no representations, 278governments or entities, NXP makes no representations, certifications, or
302certifications, or warranties whatsoever about compliance with government or 279warranties whatsoever about compliance with government or public entity
303public entity acquisition statutes or regulations, including, without 280acquisition statutes or regulations, including, without limitation, statutes or
304limitation, statutes or regulations that may relate to pricing, quality, origin 281regulations that may relate to pricing, quality, origin or content.
305or content. 28214.2. The Licensed Software has been developed at private expense and is a
306 283"Commercial Item" as defined in 48 C.F.R. Section 2.101, consisting of
30714.2. The Licensed Software has been developed at private 284"Commercial Computer Software", and/or "Commercial Computer Software
308expense and is a "Commercial Item" as defined in 48 C.F.R. §2.101, consisting 285Documentation," as such terms are used in 48 C.F.R. Section 12.212 (or 48
309of "Commercial Computer Software", and/or "Commercial Computer Software 286C.F.R. Section 227.7202, as applicable) and may only be licensed to or shared
310Documentation," as such terms are used in 48 C.F.R. §12.212 (or 48 C.F.R. 287with U.S. Government end users in object code form as part of, or embedded
311§227.7202, as applicable) and may only be licensed to or shared with U.S. 288within, Authorized Systems. Any agreement pursuant to which you share the
312Government end users in object code form as part of, or embedded within, 289Licensed Software will include a provision that reiterates the limitations of
313Authorized Systems. Any agreement pursuant to which you share the Licensed 290this document and requires all sub-agreements to similarly contain such
314Software will include a provision that reiterates the limitations of this 291limitations.
315document and requires all sub-agreements to similarly contain such limitations. 292
316 29315. CRITICAL APPLICATIONS
31715. SAFETY CRITICAL APPLICATIONS 294
318 29515.1. You make the ultimate design decisions regarding your products and
31915.1. In some cases, NXP may promote certain Licensed Software 296are solely responsible for compliance with all legal, regulatory, safety, and
320for use in safety-related applications. NXP's goal is to educate licensees so 297security related requirements concerning your products, regardless of any
321that they can design their own end-product solutions to meet applicable 298information or support that may be provided by NXP. The Licensed Software is
322functional safety standards and requirements. You make the ultimate design 299not designed for use in connection with products, applications, or systems
323decisions regarding your products and are solely responsible for compliance 300where a failure could cause personal injury or death. If Licensee's, or
324with all legal, regulatory, safety, and security related requirements 301Licensee's contractors or distributees, permit use of the Licensed Software for
325concerning your products, regardless of any information or support that may be 302such products, applications, or systems, Licensee agrees to indemnify NXP and
326provided by NXP. Accordingly, you will indemnify and hold NXP harmless from 303its officers and employees from all liability, including attorneys' fees and
327any claims, liabilities, damages and associated costs and expenses (including 304costs.
328attorneys' fees) that NXP may incur related to your incorporation of any 305
329product in a safety-critical application or system. 30616. CHOICE OF LAW; VENUE. This Agreement will be governed by,
330
33115.2. Only Licensed Software that NXP has specifically
332designated as "Automotive Qualified" is intended for use in automotive,
333military, or aerospace applications or environments. If you use Licensed
334Software that has not been designated as "Automotive Qualified" in an
335automotive, military, or aerospace application or environment, you do so at
336your own risk.
337
33815.3. Licensed Software is not intended or authorized for any
339use in anti-personnel landmines.
340
34116. CHOICE OF LAW; VENUE. This Agreement will be governed by,
342construed, and enforced in accordance with the laws of The Netherlands, without 307construed, and enforced in accordance with the laws of The Netherlands, without
343regard to conflicts of laws principles, will apply to all matters relating to 308regard to conflicts of laws principles, will apply to all matters relating to
344this Agreement or the Licensed Software, and you agree that any litigation will 309this Agreement or the Licensed Software, and you agree that any litigation will
345be subject to the exclusive jurisdiction of the courts of Amsterdam, The 310be subject to the exclusive jurisdiction of the courts of Amsterdam, The
346Netherlands. The United Nations Convention on Contracts for the International 311Netherlands. The United Nations Convention on Contracts for the International
347Sale of Goods will not apply to this document. 312Sale of Goods will not apply to this document.
348 313
34917. CONFIDENTIAL INFORMATION. Subject to the license grants and 31417. CONFIDENTIAL INFORMATION. Subject to the license grants and
350restrictions contained herein, you must treat the Licensed Software as 315restrictions contained herein, you must treat the Licensed Software as
351confidential information and you agree to retain the Licensed Software in 316confidential information and you agree to retain the Licensed Software in
352confidence perpetually, with respect to Licensed Software in source code form 317confidence perpetually. You may not disclose any part of the Licensed Software
353(human readable), or for a period of five (5) years from the date of 318to anyone other than distributees in accordance with Section 2.3 and employees,
354termination of this Agreement, with respect to all other parts of the Licensed 319or subcontractors in accordance with Section 2.5, who have a need to know of
355Software. During this period, you may not disclose any part of the Licensed 320the Licensed Software and who have executed written agreements obligating them
356Software to anyone other than employees, or sub-contractors in accordance with 321to protect such Licensed Software to at least the same degree of
357Section 2.4 who have a need to know of the Licensed Software and who have 322confidentiality as in this Agreement. You agree to use the same degree of care,
358executed written agreements obligating them to protect such Licensed Software 323but no less than a reasonable degree of care, with the Licensed Software as you
359to at least the same degree of care as in this Agreement. You agree to use the 324do with your own confidential information. You may disclose Licensed Software
360same degree of care, but no less than a reasonable degree of care, with the 325to the extent required by a court or under operation of law or order provided
361Licensed Software as you do with your own confidential information. You may 326that you notify NXP of such requirement prior to disclosure, which you only
362disclose Licensed Software to the extent required by a court or under operation 327disclose the minimum of the required information, and that you allow NXP the
363of law or order provided that you notify NXP of such requirement prior to 328opportunity to object to such court or other legal body requiring such
364disclosure, which you only disclose information required, and that you allow
365NXP the opportunity to object to such court or other legal body requiring such
366disclosure. 329disclosure.
367 330
36818. TRADEMARKS. You are not authorized to use any NXP trademarks, 33118. TRADEMARKS. You are not authorized to use any NXP trademarks, brand
369brand names, or logos. 332names, or logos.
370 333
37119. ENTIRE AGREEMENT. This Agreement constitutes the entire 33419 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
372agreement between you and NXP regarding the subject matter of this Agreement, 335between you and NXP regarding the subject matter of this Agreement, and
373and supersedes all prior communications, negotiations, understandings, 336supersedes all prior communications, negotiations, understandings, agreements
374agreements or representations, either written or oral, if any. This Agreement 337or representations, either written or oral, if any. This Agreement may only be
375may only be amended in written form, signed by you and NXP. 338amended in written form, signed by you and NXP.
376 339
37720. SEVERABILITY. If any provision of this Agreement is held for any 34020. SEVERABILITY. If any provision of this Agreement is held for any
378reason to be invalid or unenforceable, then the remaining provisions of this 341reason to be invalid or unenforceable, then the remaining provisions of this
379Agreement will be unimpaired and, unless a modification or replacement of the 342Agreement will be unimpaired and, unless a modification or replacement of the
380invalid or unenforceable provision is further held to deprive you or NXP of a 343invalid or unenforceable provision is further held to deprive you or NXP of a
@@ -383,216 +346,197 @@ invalid or unenforceable provision will be replaced with a provision that is
383valid and enforceable and that comes closest to the intention underlying the 346valid and enforceable and that comes closest to the intention underlying the
384invalid or unenforceable provision. 347invalid or unenforceable provision.
385 348
38621. NO WAIVER. The waiver by NXP of any breach of any provision of 34921. NO WAIVER. The waiver by NXP of any breach of any provision of this
387this Agreement will not operate or be construed as a waiver of any other or a 350Agreement will not operate or be construed as a waiver of any other or a
388subsequent breach of the same or a different provision. 351subsequent breach of the same or a different provision.
389 352
39022. AUDIT. You will keep full, clear and accurate records with 35322. AUDIT. You will keep full, clear and accurate records with respect
391respect to your compliance with the limited license rights granted under this 354to your compliance with the limited license rights granted under this Agreement
392Agreement for three years following expiration or termination of this 355for three years following expiration or termination of this Agreement. NXP will
393Agreement. NXP will have the right, either itself or through an independent 356have the right, either itself or through an independent certified public
394certified public accountant to examine and audit, at NXP's expense, not more 357accountant to examine and audit, at NXP's expense, not more than once a year,
395than once a year, and during normal business hours, all such records that may 358and during normal business hours, all such records that may bear upon your
396bear upon your compliance with the limited license rights granted above. You 359compliance with the limited license rights granted above. You must make prompt
397must make prompt adjustment to compensate for any errors and/or omissions 360adjustment to compensate for any errors and/or omissions disclosed by such
398disclosed by such examination or audit. 361examination or audit.
399 362
40023. NOTICES. All notices and communications under this 36323. NOTICES. All notices and communications under this
401Agreement will be made in writing, and will be effective when received at the 364Agreement will be made in writing, and will be effective when received at the
402following addresses: 365following addresses:
403 366 NXP: NXP B.V.
404NXP: NXP B.V.
405
406 High Tech Campus 60 367 High Tech Campus 60
407
408 5656 AG Eindhoven 368 5656 AG Eindhoven
409
410 The Netherlands 369 The Netherlands
370 ATTN: Legal Department
411 371
412 ATTN: Legal Department 372You: The address provided at registration will be used.
413
414
415 373
416 You: The address provided at registration will 37424. RELATIONSHIP OF THE PARTIES. The parties are independent
417be used. 375contractors. Nothing in this Agreement will be construed to create any
418 376partnership, joint venture, or similar relationship. Neither party is
41924. RELATIONSHIP OF THE PARTIES. The parties are independent
420contractors. Nothing in this Agreement will be construed to create any
421partnership, joint venture, or similar relationship. Neither party is
422authorized to bind the other to any obligations with third parties. 377authorized to bind the other to any obligations with third parties.
423 378
42425. SUCCESSION AND ASSIGNMENT. This Agreement will be binding upon 37925. SUCCESSION AND ASSIGNMENT. This Agreement will be binding upon and
425and inure to the benefit of the parties and their permitted successors and 380inure to the benefit of the parties and their permitted successors and assigns.
426assigns. You may not assign this Agreement, or any part of this Agreement, 381 You may not assign this Agreement, or any part of this Agreement, without the
427without the prior written approval of NXP, which approval will not be 382prior written approval of NXP, which approval will not be unreasonably withheld
428unreasonably withheld or delayed. NXP may assign this Agreement, or any part of 383or delayed. NXP may assign this Agreement, or any part of this Agreement, in
429this Agreement, in its sole discretion. 384its sole discretion.
430
431
432
433
434 385
435APPENDIX A 386APPENDIX A
436 387
437Other License Grants and Restrictions: 388Other License Grants and Restrictions:
438 389
439The Licensed Software may include some or all of the following software, which 390The Licensed Software may include some or all of the following software, which
440is either 1) not NXP proprietary software or 2) NXP proprietary software 391is either 1) Third Party Software or 2) NXP proprietary software subject to
441subject to different terms than those in the Agreement. If the Software 392different terms than those in the Agreement. If the Software Content Register
442Content Register that accompanies the Licensed Software identifies any of the 393that accompanies the Licensed Software identifies any of the following Third
443following Third Party Software or specific components of the NXP Proprietary 394Party Software or specific components of the NXP proprietary software, the
444Software, the following terms apply to the extent they deviate from the terms 395following terms apply to the extent they deviate from the terms in the
445in the Agreement: 396Agreement:
446 397
447 398Amazon: Use of the Amazon software constitutes your acceptance of the terms of
448 399the Amazon Program Materials License Agreement (including the AVS Component
449Third Party Software Use Restrictions 400Schedule, if applicable), located at
450 401https://developer.amazon.com/support/legal/pml. All Amazon software is hereby
451Amphion Semiconductor Ltd. 402designated "Amazon confidential". Amazon is a third-party beneficiary to this
452Distribution of Amphion software must be a part of, or embedded within, 403Agreement with respect to the Amazon software.
453Authorized Systems that include an Amphion Video Decoder. 404
454 405Amphion Semiconductor Ltd.: Distribution of Amphion software must be a part of,
455Atheros 406or embedded within, Authorized Systems that include an Amphion Video Decoder.
456Use of Atheros software is limited to evaluation and demonstration only. 407
457Permitted distributions must be similarly limited. Further rights must be 408Aquantia Corp.: You may use Aquantia's API binaries solely to flash the API
458obtained directly from Atheros. 409software to an NXP Product which mates with an Aquantia device.
459 410
460ATI (AMD) 411Atheros: Use of Atheros software is limited to evaluation and demonstration
461Distribution of ATI software must be a part of, or embedded within, Authorized 412only. Permitted distributions must be similarly limited. Further rights must
462Systems that include a ATI graphics processor core. 413be obtained directly from Atheros.
463 414
464Broadcom Corporation 415ATI (AMD): Distribution of ATI software must be a part of, or embedded within,
465Your use of Broadcom Corporation software is restricted to Authorized Systems 416Authorized Systems that include a ATI graphics processor core.
466that incorporate a compatible integrated circuit device manufactured or sold by 417
467Broadcom. 418Broadcom Corporation: Your use of Broadcom Corporation software is restricted
468 419to Authorized Systems that incorporate a compatible integrated circuit device
469Cadence Design Systems 420manufactured or sold by Broadcom.
470Use of Cadence audio codec software is limited to evaluation and demonstration 421
471only of one copy embedded in a single NXP Product. Further rights must be 422Cadence Design Systems: Use of Cadence audio codec software is limited to
472obtained from Cadence. The license granted herein to the Cadence Design Systems 423distribution only of one copy per single NXP Product. The license granted
473HiFi aacPlus Audio Decoder software does not include a license to the AAC 424herein to the Cadence Design Systems HiFi aacPlus Audio Decoder software does
474family of technologies which you or your customer may need to obtain. 425not include a license to the AAC family of technologies which you or your
475Configuration tool outputs may only be distributed by licensees of the relevant 426customer may need to obtain. Configuration tool outputs may only be distributed
476Cadence SDK and distribution is limited to distribution of one copy embedded in 427by licensees of the relevant Cadence SDK and distribution is limited to
477a single NXP Product. 428distribution of one copy embedded in a single NXP Product.
478 429
479Cirque Corporation 430Cirque Corporation: Use of Cirque Corporation technology is limited to
480Use of Cirque Corporation technology is limited to evaluation, demonstration, 431evaluation, demonstration, or certification testing only. Permitted
481or certification testing only. Permitted distributions must be similarly 432distributions must be similarly limited. Further rights, including but not
482limited. Further rights, including but not limited to ANY commercial 433limited to ANY commercial distribution rights, must be obtained directly from
483distribution rights, must be obtained directly from Cirque Corporation. 434Cirque Corporation.
484 435
485Coding Technologies (Dolby Labs) 436Coding Technologies (Dolby Labs): Use of CTS software is limited to evaluation
486Use of CTS software is limited to evaluation and demonstration only. Permitted
487distributions must be similarly limited. Further rights must be obtained from
488Dolby Laboratories.
489
490CSR
491Use of Cambridge Silicon Radio, Inc. ("CSR") software is limited to evaluation
492and demonstration only. Permitted distributions must be similarly limited. 437and demonstration only. Permitted distributions must be similarly limited.
493Further rights must be obtained directly from CSR. 438Further rights must be obtained from Dolby Laboratories.
494 439
495NXP Wireless Charging Library 440CSR: Use of Cambridge Silicon Radio, Inc. ("CSR") software is limited to
496License to the Software is limited to use in inductive coupling or wireless 441evaluation and demonstration only. Permitted distributions must be similarly
497charging applications 442limited. Further rights must be obtained directly from CSR.
498 443
499Global Locate (Broadcom Corporation) 444Cypress Semiconductor Corporation: WWD RTOS source code may only be used in
500Use of Global Locate, Inc. software is limited to evaluation and demonstration 445accordance with the Cypress IOT Community License Agreement located at
501only. Permitted distributions must be similarly limited. Further rights must 446https://community.cypress.com/terms-and-conditions!input.jspa?displayOnly=true.
502be obtained from Global Locate. 447
503 448Future Technology Devices International Ltd.: Future Technology Devices
504Imagination Technologies Limited (IMG) 449International software must be used consistent with the terms found here:
505If the Licensed Software includes proprietary software developed by IMG, your 450http://www.ftdichip.com/Drivers/FTDriverLicenceTerms.htm
506rights are limited to a non-exclusive, world-wide right and nontransferable and 451
507non-sub-licensable license (i) to use and modify the Licensed Software and 452Global Locate (Broadcom Corporation): Use of Global Locate, Inc. software is
508documentation and (ii) to copy and distribute the Licensed Software only in 453limited to evaluation and demonstration only. Permitted distributions must be
509object code form solely for use on NXP Rayleigh products. If you are provided 454similarly limited. Further rights must be obtained from Global Locate.
510with the Licensed Software in source code format, you are restricted to 455
511accessing only those deliverables in source code format which are necessary for 456Microsoft: Except for Microsoft PlayReady software, if the Licensed Software
512you to carry out either specific customization or porting work in association 457includes software owned by Microsoft Corporation ("Microsoft"), it is subject
513with NXP's Rayleigh products or your Authorized System. 458to the terms of your license with Microsoft (the "Microsoft Underlying Licensed
514 459Software") and as such, NXP grants no license to you, beyond evaluation and
515The confidentiality restrictions shall continue in force without limit in time 460demonstration in connection with NXP processors, in the Microsoft Underlying
516notwithstanding the termination or expiration of this Agreement. 461Licensed Software. You must separately obtain rights beyond evaluation and
517 462demonstration in connection with the Microsoft Underlying Licensed Software
518Micrium 463from Microsoft. Microsoft does not provide support services for the components
519uC/OS-II and uC/OS-III is provided in source form for FREE short-term 464provided to you through this Agreement. If you have any questions or require
520evaluation, for educational use or for peaceful research. If you plan or 465technical assistance, please contact NXP. Microsoft Corporation is a third
521intend to use uC/OS-II or uC/OS-III in a commercial application/product then, 466party beneficiary to this Agreement with the right to enforce the terms of this
522you need to contact Micrium to properly license uC/OS-II or uC/OSIII for its
523use in your application/product. We provide ALL the source code for your
524convenience and to help you experience uC/OS-II or uC/OSIII. The fact that the
525source is provided does NOT mean that you can use it commercially without
526paying a licensing fee.
527
528Microsoft
529If the Licensed Software includes software owned by Microsoft
530Corporation ("Microsoft"), it is subject to the terms of your license with
531Microsoft (the "Microsoft Underlying Licensed Software") and as such, NXP
532grants no license to you, beyond evaluation and demonstration in connection
533with NXP processors, in the Microsoft Underlying Licensed Software. You must
534separately obtain rights beyond evaluation and demonstration in connection with
535the Microsoft Underlying Licensed Software from Microsoft.
536
537Microsoft does not provide support services for the components provided to you
538through this Agreement. If you have any questions or require technical
539assistance, please contact NXP. Microsoft Corporation is a third party
540beneficiary to this Agreement with the right to enforce the terms of this
541Agreement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT AND ITS 467Agreement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT AND ITS
542AFFILIATES DISCLAIM ANY WARRANTIES FOR THE 468AFFILIATES DISCLAIM ANY WARRANTIES FOR THE MICROSOFT UNDERLYING LICENSED
543MICROSOFT UNDERLYING LICENSED SOFTWARE. TO THE MAXIMUM 469SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MICROSOFT NOR ITS
544EXTENT PERMITTED BY LAW, NEITHER MICROSOFT NOR ITS AFFILIATES 470AFFILIATES WILL BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY
545WILL BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY 471DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES,
546DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE 472INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME,
547DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS 473INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, ARISING
548OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, 474FROM THE FROM THE USE OF THE MICROSOFT UNDERLYING LICENSED SOFTWARE. With
549OR REVENUES, ARISING FROM THE FROM THE USE OF THE MICROSOFT UNDERLYING LICENSED 475respect to the Microsoft PlayReady software, you will have the license rights
550SOFTWARE. 476granted in Section 2, provided that you may not use the Microsoft PlayReady
551 477software unless you have entered into a Microsoft PlayReady Master Agreement
552MindTree 478and license directly with Microsoft.
553Notwithstanding the terms contained in Section 2.3 (a), if the Licensed 479
554Software includes proprietary software of MindTree in source code format, 480MindTree: Notwithstanding the terms contained in Section 2.3 (a), if the
555Licensee may make modifications and create derivative works only to the extent 481Licensed Software includes proprietary software of MindTree in source code
556necessary for debugging of the Licensed Software. 482format, Licensee may make modifications and create derivative works only to the
557 483extent necessary for debugging of the Licensed Software.
558MPEG LA 484
559Use of MPEG LA audio or video codec technology is limited to evaluation and 485MM SOLUTIONS AD: Use of MM SOLUTIONS AEC (Auto Exposure Control) and AWB (Auto
560demonstration only. Permitted distributions must be similarly limited. Further 486White Balance) software is limited to demonstration, testing, and evaluation
561rights must be obtained directly from MPEG LA. 487only. In no event may Licensee distribute or sublicense the MM SOLUTIONS
562 488software. Further rights must be obtained directly from MM SOLUTIONS.
563MQX RTOS Code 489
564MQX RTOS source code may not be re-distributed by any NXP Licensee under any 490MPEG LA: Use of MPEG LA audio or video codec technology is limited to
565circumstance, even by a signed written amendment to this Agreement. 491evaluation and demonstration only. Permitted distributions must be similarly
566 492limited. Further rights must be obtained directly from MPEG LA.
567Opus 493
568Use of Opus software must be consistent with the terms of the Opus license 494MQX RTOS Code: MQX RTOS source code may not be re-distributed by any NXP
569which can be found at: http://www.opus-codec.org/license/ 495Licensee under any circumstance, even by a signed written amendment to this
570 496Agreement.
571Qualcomm Atheros, Inc. 497
572Notwithstanding anything in this Agreement, Qualcomm Atheros, Inc. Wi-Fi 498NXP Wireless Charging Library: License to the Software is limited to use in
573software must be used strictly in accordance with the Qualcomm Atheros, Inc. 499inductive coupling or wireless charging applications
574Technology License Agreement that accompanies such software. Any other use is 500
575expressly prohibited. 501Opus: Use of Opus software must be consistent with the terms of the Opus
576 502license which can be found at: http://www.opus-codec.org/license/
577Real Networks - its GStreamer Optimized Real Format Client Code implementation 503
578or OpenMax Optimized Real Format Client Code 504Oracle JRE (Java): The Oracle JRE must be used consistent with terms found
579Use of the GStreamer Optimized Real Format Client Code, or OpenMax Optimized 505here: http://java.com/license
580Real Format Client code is restricted to applications in the automotive market. 506
581 Licensee must be a final manufacturer in good standing with a current license 507P&E Micro: P&E Software must be used consistent with the terms found here:
582with Real Networks for the commercial use and distribution of products 508http://www.pemicro.com/licenses/gdbserver/license_gdb.pdf
583containing the GStreamer Optimized Real Format Client Code implementation or 509
584OpenMax Optimized Real Format Client Code 510Pro Design Electronic: Licensee may not modify, create derivative works based
585 511on, or copy the Pro Design software, documentation, hardware execution key or
586Real Time Engineers Ltd. 512the accompanying materials. Licensee shall not use Pro Design's or any of its
587Any FreeRTOS source code, whether modified or in its original release form, or 513licensors names, logos or trademarks to market the Authorized System. Only NXP
588whether in whole or in part, can only be distributed by you under the terms of 514customers and distributors are permitted to further redistribute the Pro Design
589version 2 of the GNU General Public License plus this exception. An 515software and only as part of an Authorized System which contains the Pro Design
590independent module is a module which is not derived from or based on FreeRTOS. 516software.
591 517
518Qualcomm Atheros, Inc.: Notwithstanding anything in this Agreement, Qualcomm
519Atheros, Inc. Wi-Fi software must be used strictly in accordance with the
520Qualcomm Atheros, Inc. Technology License Agreement that accompanies such
521software. Any other use is expressly prohibited.
522
523Real Networks - GStreamer Optimized Real Format Client Code implementation or
524OpenMax Optimized Real Format Client Code: Use of the GStreamer Optimized Real
525Format Client Code, or OpenMax Optimized Real Format Client code is restricted
526to applications in the automotive market. Licensee must be a final
527manufacturer in good standing with a current license with Real Networks for the
528commercial use and distribution of products containing the GStreamer Optimized
529Real Format Client Code implementation or OpenMax Optimized Real Format Client
530Code
531
532Real Time Engineers Ltd.: Any FreeRTOS source code, whether modified or in its
533original release form, or whether in whole or in part, can only be distributed
534by you under the terms of version 2 of the GNU General Public License plus this
535exception. An independent module is a module which is not derived from or
536based on FreeRTOS.
592Clause 1: Linking FreeRTOS with other modules is making a combined work based 537Clause 1: Linking FreeRTOS with other modules is making a combined work based
593on FreeRTOS. Thus, the terms and conditions of the GNU General Public License 538on FreeRTOS. Thus, the terms and conditions of the GNU General Public License
594V2 cover the whole combination. 539V2 cover the whole combination.
595
596As a special exception, the copyright holders of FreeRTOS give you permission 540As a special exception, the copyright holders of FreeRTOS give you permission
597to link FreeRTOS with independent modules to produce a statically linked 541to link FreeRTOS with independent modules to produce a statically linked
598executable, regardless of the license terms of these independent modules, and 542executable, regardless of the license terms of these independent modules, and
@@ -600,60 +544,62 @@ to copy and distribute the resulting executable under terms of your choice,
600provided that you also meet, for each linked independent module, the terms and 544provided that you also meet, for each linked independent module, the terms and
601conditions of the license of that module. An independent module is a module 545conditions of the license of that module. An independent module is a module
602which is not derived from or based on FreeRTOS. 546which is not derived from or based on FreeRTOS.
603
604Clause 2: FreeRTOS may not be used for any competitive or comparative purpose, 547Clause 2: FreeRTOS may not be used for any competitive or comparative purpose,
605including the publication of any form of run time or compile time metric, 548including the publication of any form of run time or compile time metric,
606without the express permission of Real Time Engineers Ltd. (this is the norm 549without the express permission of Real Time Engineers Ltd. (this is the norm
607within the industry and is intended to ensure information accuracy). 550within the industry and is intended to ensure information accuracy).
608 551
609RivieraWaves SAS (a member of the CEVA, Inc. family of companies) 552RivieraWaves SAS (a member of the CEVA, Inc. family of companies): You may not
610You may not use the RivieraWaves intellectual property licensed under this 553use the RivieraWaves intellectual property licensed under this Agreement if you
611Agreement if you develop, market, and/or license products similar to such 554develop, market, and/or license products similar to such RivieraWaves
612RivieraWaves intellectual property. Such use constitutes a breach of this 555intellectual property. Such use constitutes a breach of this Agreement. Any
613Agreement. Any such use rights must be obtained directly from RivieraWaves. 556such use rights must be obtained directly from RivieraWaves.
614 557
615SanDisk Corporation 558SanDisk Corporation: If the Licensed Software includes software developed by
616If the Licensed Software includes software developed by SanDisk Corporation 559SanDisk Corporation ("SanDisk"), you must separately obtain the rights to
617("SanDisk"), you must separately obtain the rights to reproduce and distribute 560reproduce and distribute this software in source code form from SanDisk.
618this software in source code form from SanDisk. Please follow these easy steps 561Please follow these easy steps to obtain the license and software:
619to obtain the license and software: 562(1) Contact your local SanDisk sales representative to obtain the SanDisk
620
6211. Contact your local SanDisk sales representative to obtain the SanDisk
622License Agreement. 563License Agreement.
6232. Sign the license agreement. Fax the signed agreement to SanDisk USA 564(2) Sign the license agreement. Fax the signed agreement to SanDisk USA
624marketing department at 408-542-0403. The license will be valid when fully 565marketing department at 408-542-0403. The license will be valid when fully
625executed by SanDisk. 566executed by SanDisk.
6263. If you have specific questions, please send an email to sales@sandisk.com 567(3) If you have specific questions, please send an email to sales@sandisk.com
627
628You may only use the SanDisk Corporation Licensed Software on products 568You may only use the SanDisk Corporation Licensed Software on products
629compatible with a SanDisk Secure Digital Card. You may not use the SanDisk 569compatible with a SanDisk Secure Digital Card. You may not use the SanDisk
630Corporation Licensed Software on any memory device product. SanDisk retains 570Corporation Licensed Software on any memory device product. SanDisk retains
631all rights to any modifications or derivative works to the SanDisk Corporation 571all rights to any modifications or derivative works to the SanDisk Corporation
632Licensed Software that you may create. 572Licensed Software that you may create.
633 573
634SEGGER Microcontroller 574SEGGER Microcontroller - emWin Software: Your use of SEGGER emWin software and
635Your use of SEGGER emWin software is restricted to NXP ARM7, ARM9, Cortex-M0, 575components is restricted for development of NXP ARM7, ARM9, Cortex-M0,
636Cortex-M3, and Cortex-M4 based devices only. 576Cortex-M3, Cortex-M4, Cortex-M33, Cortex-M7, and Cortex-A7 based products only.
637 577
638Synopsys/Target Compiler Technologies 578SEGGER Microcontroller - J-Link/J-Trace Software: Segger software must be used
639Your use of the Synopsys/Target Compiler Technologies Licensed Software and 579consistent with the terms found here: http://www.segger.com/jlink-software.html
640related documentation is subject to the following:
641 580
642* Duration of the license for the Licensed Software is limited to 12 581Synopsys/Target Compiler Technologies: Your use of the Synopsys/Target Compiler
643months, unless otherwise specified in the license file. 582Technologies Licensed Software and related documentation is subject to the
644* The Licensed Software is usable by one user at a time on a single 583following:
584(1) Duration of the license for the Licensed Software is limited to 12 months,
585unless otherwise specified in the license file.
586(2) The Licensed Software is usable by one user at a time on a single
645designated computer, unless otherwise agreed by Synopsys. 587designated computer, unless otherwise agreed by Synopsys.
646* Licensed Software and documentation are to be used only on a designated 588(3) Licensed Software and documentation are to be used only on a designated
647computer at the designated physical address provided by you on the APEX license 589computer at the designated physical address provided by you on the APEX license
648form. 590form.
649* The Licensed Software is not sub-licensable. 591(4) The Licensed Software is not sub-licensable.
650 592
593Texas Instruments: Your use of Texas Instruments Inc. WiLink8 Licensed Software
594is restricted to NXP SoC based systems that include a compatible connectivity
595device manufactured by TI.
651 596
652Texas Instruments 597TES Electronic Solutions Germany (TES): TES 3D Surround View software and
653Your use of Texas Instruments Inc. WiLink8 Licensed Software is restricted to 598associated data and documentation may only be used for evaluation purposes and
654NXP SoC based systems that include a compatible connectivity device 599for demonstration to third parties in integrated form on a board package
655manufactured by TI. 600containing an NXP S32V234 device. Licensee may not distribute or sublicense the
601TES software. Your license to the TES software may be terminated at any time
602upon notice.
656 603
657Vivante 604Vivante: Distribution of Vivante software must be a part of, or embedded
658Distribution of Vivante software must be a part of, or embedded within, 605within, Authorized Systems that include a Vivante Graphics Processing Unit.
659Authorized Systems that include a Vivante Graphics Processing Unit.