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authorTom Hochstein <tom.hochstein@nxp.com>2023-09-06 13:32:26 -0700
committerTom Hochstein <tom.hochstein@nxp.com>2023-09-06 13:32:26 -0700
commit946687a2d35694976ef54f3bbfc46d4f4117c496 (patch)
treee1453d1712a78d13844bfc3f09baf38e3a979091 /custom-licenses
parente4d721f735aba27f0f1a478dba1b28f738cd1e9d (diff)
downloadmeta-freescale-946687a2d35694976ef54f3bbfc46d4f4117c496.tar.gz
Freescale-EULA: Drop old, unused license
Fixes: #1644 Signed-off-by: Tom Hochstein <tom.hochstein@nxp.com>
Diffstat (limited to 'custom-licenses')
-rw-r--r--custom-licenses/Freescale-EULA214
1 files changed, 0 insertions, 214 deletions
diff --git a/custom-licenses/Freescale-EULA b/custom-licenses/Freescale-EULA
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1IMPORTANT. Read the following Freescale Software License Agreement ("Agreement")
2completely. By selecting the "I Accept" button at the end of this page, you
3indicate that you accept the terms of the Freescale Proprietary Software License
4Agreement and you also acknowledge that you have the authority, on behalf of your
5company, to bind your company to such terms. You may then download or install the
6file.
7
8FREESCALE PROPRIETARY SOFTWARE LICENSE AGREEMENT
9This is a license agreement ("Agreement") between you (either as an individual
10or as an authorized representative acting on behalf of your employer) and Freescale
11Semiconductor, Inc. ("Freescale"). It concerns your rights to use the software
12provided to you in binary or source code form and any accompanying written materials
13(the "Software"). The Software may include any updates or error corrections or
14documentation relating to the Software provided to you by Freescale under this
15License. In consideration for Freescale allowing you to access the Software, you are
16agreeing to be bound by the terms of this Agreement. If you do not agree to all of
17the terms of this Agreement, do not download or install the Software. If you change
18your mind later, stop using the Software and delete all copies of the Software in
19your possession or control. Any copies of the Software that you have already
20distributed, where permitted, and do not destroy will continue to be governed by
21this Agreement. Your prior use will also continue to be governed by this Agreement.
22
231. LICENSE GRANT. Freescale grants to you, free of charge, the non-exclusive,
24non-transferable, non-sublicensable right (1) to use the Software, (2) to reproduce
25the Software, (3) to prepare derivative works of the Software, (4) to distribute the
26Software and derivative works thereof in object (machine-readable) form as part of
27a programmable processing unit (e.g. a microprocessor, microcontroller, or digital
28signal processor) supplied directly or indirectly from Freescale ("Freescale
29System") and (5) to sublicense to others the right to use the distributed Software,
30provided that any and all such sublicenses include the same terms and conditions of
31this Agreement. Notwithstanding the limitation on damages in Section 8, Licensee
32will indemnify, defend, and hold harmless Freescale against any and all claims,
33costs, damages, liabilities, judgments and attorneys' fees resulting from or
34arising out of any breach by the sublicensee, or resulting from or arising out of
35any action by the sublicensee inconsistent with this Agreement.
36You must notify Freescale, in writing, any time you create a derivative of the
37Software. Freescale owns all derivatives created from the Software, and derivatives
38are licensed to you under the same terms as the Software under this Agreement. Upon
39request, you must provide Freescale the source code of any derivative of the Software.
40If you violate any of the terms or restrictions of this Agreement, Freescale may
41immediately terminate this Agreement, and require that you stop using and delete all
42copies of the Software and any derivative in your possession or control. Any license
43granted above only extends to Freescale's intellectual property rights that would
44be necessarily infringed by the Software as provided to you by Freescale and as used
45within the scope of the licenses granted. You must advise Freescale of any results
46obtained including any problems or suggested improvements thereof. Freescale retains
47the right to use such results and related information in any manner it deems
48appropriate.
49
502. OTHER RESTRICTIONS. Subject to the license grant above, the following restrictions
51 apply:
52
53a. Freescale reserves all rights not expressly granted herein.
54b. You may not rent, lease, sublicense, lend or encumber the Software, unless
55 otherwise expressly agreed to within this Agreement
56c. You may not distribute, manufacture, have manufactured, sublicense or otherwise
57 reproduce the Software for purposes other than intended in this Agreement.
58d. You may not remove or alter any proprietary legends, notices, or trademarks
59 contained in the Licensed Software,
60e. The terms and conditions of this Agreement will apply to any Software updates,
61 provided to you at Freescale's discretion, that replace and/or supplement the
62 original Software, unless such update contains a separate license.
63f. You may not translate, reverse engineer, decompile, or disassemble the Software
64 provided to you solely in object code format (machine readable) except to the
65 extent applicable law specifically prohibits such restriction. You will prohibit
66 your sublicensees from translating, reverse engineering, decompiling, or
67 disassembling the Software except to the extent applicable law specifically
68 prohibits such restriction.
69
703. OPEN SOURCE. You are about to download or install certain software that is
71subject to various open source licenses such as the Apache License, the BSD license,
72the Free Software Foundation General Public License and Lesser General Public
73License, the Mozilla Public License and others. Your use of such open source
74software is subject to the terms of each applicable license. You must agree to the
75terms of each such applicable license, or you should not use the open source software.
76Any open source license that is incompatible with the terms of this Agreement
77supersedes the terms of this Agreement.
78
794. COPYRIGHT. The Software is licensed to you, not sold. Freescale owns the
80Software, and United States copyright laws and international treaty provisions
81protect the Software. Therefore, you must treat the Software like any other
82copyrighted material (e.g. a book or musical recording). You may not use or
83copy the Software for any other purpose than what is described in this Agreement.
84Except as expressly provided herein, Freescale does not grant to you any express or
85implied rights under any Freescale or third party patents, copyrights, trademarks,
86or trade secrets. Additionally, you must reproduce and apply any copyright or other
87proprietary rights notices included on or embedded in the Software to any copies
88made thereof, in whole or in part, if any. You may not remove any copyright
89notices of Freescale incorporated in the Software.
90
915. TERM AND TERMINATION. The term of this Agreement shall commence on the date
92of installation or download and shall continue perpetually, unless earlier
93terminated in accordance with this Agreement. Freescale has the right to terminate
94this Agreement without notice and require that you stop using and delete all copies
95of the Software in your possession or control if you violate any of the terms or
96restrictions of this Agreement. Freescale may terminate this Agreement should any
97of the Software become, or in Freescale's reasonable opinion is likely to become,
98the subject of a claim of intellectual infringement or trade secret misappropriation.
99Upon termination, you must cease use of and destroy, the Software and confirm
100compliance in writing to Freescale. Upon termination, the license granted pursuant
101to this Agreement immediately terminates and the provisions of Sections 4 through
10218 will survive any termination of this Agreement.
103
1046. SUPPORT. Freescale is NOT obligated to provide any support, upgrades or new
105releases of the Software. If you wish, you may contact Freescale and report problems
106and provide suggestions regarding the Software. Freescale has no obligation
107whatsoever to respond in any way to such a problem report or suggestion. Freescale
108may make changes to the Software at any time, without any obligation to notify or
109provide updated versions of the Software to you.
110
1117. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREESCALE EXPRESSLY
112DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS",
113WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
114LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
115PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE
116OR PERFORMANCE OF THE SOFTWARE, OR ANY SYSTEMS YOU DESIGN USING THE SOFTWARE (IF
117ANY). NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS A WARRANTY OR REPRESENTATION
118BY FREESCALE THAT THE SOFTWARE OR ANY DERIVATIVE WORK DEVELOPED WITH OR INCORPORATING
119THE SOFTWARE WILL BE FREE FROM INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF
120THIRD PARTIES.
121
1228. INDEMNITY. You agree to fully defend and indemnify Freescale from any and all
123claims, liabilities, and costs (including reasonable attorney's fees) related to
124(1) your use (including your sublicensee's use, if permitted) of the Software or
125(2) your violation of the terms and conditions of this Agreement.
126
1279. LIMITATION OF LIABILITY. IN NO EVENT WILL FREESCALE BE LIABLE, WHETHER IN
128CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL
129OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE,
130LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES
131TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW EVEN IF INFORMED IN ADVANCE OF THE
132POSSIBILITY OF SUCH DAMAGES. FREESCALE'S LIABILITY WILL IN ANY EVENT AND UNDER ANY
133THEORY OF RECOVERY BE LIMITED TO THE TOTAL AMOUNT RECEIVED BY FREESCALE UNDER THIS
134AGREEMENT.
135
13610. COMPLIANCE WITH LAWS; EXPORT RESTRICTIONS. You must not resell, re-export, or
137provide, directly or indirectly, the licensed software or direct product thereof,
138in any form without obtaining appropriate export or re-export licenses from the
139United States Government and from the country from which the export or re-export
140is to occur. An export occurs when products, technology, or software is transferred
141from one country to another by any means, including physical shipments, FTP file
142transfers, E-mails, faxes, remote server access, conversations, and the like. An
143export also occurs when technology or software is transferred to a foreign national
144in the United States, or foreign national of the country in which the business
145activity is taking place. A foreign national is any person who is neither a citizen
146nor permanent resident of the United States, or the country in which the business
147activity is taking place. Furthermore, if an export/import license, permit or other
148government required authority (collectively referred to as "government
149authorization") is required to transfer technology, software, hardware or other
150Freescale property to non- Freescale party(ies) and is not approved, then Freescale
151is not obligated to transfer the Software under this Agreement until such
152"government authorization" is granted..
153
15411. GOVERNMENT RIGHTS. The Licensed Software is a "Commercial Item as defined in
15548 C.F.R. $2.101, consisting of "Commercial Computer Software" and "Commercial
156Computer Software Documentation," as such terms are used in 48 C.F.R. $ 12.212 or
15748 C.F.R. $227.7202, as applicable and are only licensed to U.S. Government end
158users with the rights as are set forth herein..
159
16012. HIGH RISK ACTIVITIES. You acknowledge that the Software is not fault tolerant
161and is not designed, manufactured or intended by Freescale for incorporation into
162products intended for use or resale in on-line control equipment in hazardous,
163dangerous to life or potentially life-threatening environments requiring fail-safe
164 performance, such as in the operation of nuclear facilities, aircraft navigation
165 or communication systems, air traffic control, direct life support machines or
166weapons systems, in which the failure of products could lead directly to death,
167personal injury or severe physical or environmental damage ("High Risk Activities").
168 You specifically represent and warrant that you will not use the Software or any
169derivative work of the Software for High Risk Activities.
170
17113. CHOICE OF LAW; VENUE; LIMITATIONS. You agree that the statutes and laws of the
172United States and the State of Texas, USA, without regard to conflicts of laws
173principles, will apply to all matters relating to this Agreement or the Software,
174and you agree that any litigation will be subject to the exclusive jurisdiction of
175the state or federal courts in Texas, USA. You agree that regardless of any
176statute or law to the contrary, any claim or cause of action arising out of or
177related to this Agreement or the Software must be filed within one (1) year after
178such claim or cause of action arose or be forever barred.
179
18014. CONFIDENTIAL INFORMATION. You must treat the Software as confidential
181information and you agree to retain the Software in confidence perpetually, with
182respect to Software in source code form (human readable), or for a period of five
183(5) years from the date of termination of this Agreement, with respect to all other
184parts of the Software. During this period you may not disclose any part of the
185Software to anyone other than employees who have a need to know of the Software and
186 who have executed written agreements obligating them to protect such Licensed
187Software to at least the same degree of care as in this Agreement. You agree to use
188 the same degree of care, but no less than a reasonable degree of care, with the
189Software as you do with your own confidential information. You may disclose Software
190 to the extent required by a court or under operation of law or order provided that
191 you notify Freescale of such requirement prior to disclosure, which you only
192disclose information required, and that you allow Freescale the opportunity to
193object to such court or other legal body requiring such disclosure.
194
19515. PRODUCT LABELING. You are not authorized to use any Freescale trademarks,
196brand names, or logos.
197
19816. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you
199and Freescale regarding the subject matter of this Agreement, and supersedes all
200prior communications, negotiations, understandings, agreements or representations,
201either written or oral, if any. This Agreement may only be amended in written form,
202executed by you and Freescale.
203
20417. SEVERABILITY. If any provision of this Agreement is held for any reason to be
205invalid or unenforceable, then the remaining provisions of this Agreement will be
206unimpaired and, unless a modification or replacement of the invalid or unenforceable
207provision is further held to deprive you or Freescale of a material benefit, in
208which case the Agreement will immediately terminate, the invalid or unenforceable
209provision will be replaced with a provision that is valid and enforceable and that
210comes closest to the intention underlying the invalid or unenforceable provision.
211
21218. NO WAIVER. The waiver by Freescale of any breach of any provision of this
213Agreement will not operate or be construed as a waiver of any other or a subsequent
214breach of the same or a different provision.