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1 | Copyright © 2016, Freescale Semiconductor, Inc. All rights reserved. | ||
2 | |||
3 | Software License Agreement (“Agreement”) | ||
4 | |||
5 | ANY USE, REPRODUCTION, OR DISTRIBUTION OF THE ACCOMPANYING BINARY SOFTWARE | ||
6 | CONSTITUTES LICENSEE'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS | ||
7 | AGREEMENT. | ||
8 | |||
9 | Licensed Software. “Binary Software” means software in binary form specified in | ||
10 | ANNEX A Subject to the terms and conditions of this Agreement, Freescale | ||
11 | Semiconductor, Inc., a 100% affiliated company of NXP Semiconductors N.V. | ||
12 | which will be renamed in due course ("NXP"), grants to Licensee a worldwide, | ||
13 | non-exclusive, and royalty-free license to use, reproduce, and distribute the | ||
14 | Binary Software in its complete and unmodified binary form as provided by NXP. | ||
15 | |||
16 | Restrictions. Licensee must reproduce the NXP copyright notice above with each | ||
17 | binary copy of the Binary Software. Licensee must not reverse engineer, | ||
18 | decompile, disassemble or modify in any way the Binary Software. Licensee must | ||
19 | not use the Binary Software in violation of any applicable law or regulation. | ||
20 | This Agreement shall automatically terminate upon Licensee's breach of any | ||
21 | term or condition of this Agreement in which case, Licensee shall destroy all | ||
22 | copies of the Binary Software. | ||
23 | |||
24 | Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NXP EXPRESSLY | ||
25 | DISCLAIMS ANY WARRANTY FOR THE BINARY SOFTWARE. THE BINARY SOFTWARE IS | ||
26 | PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, | ||
27 | INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, | ||
28 | FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ASSUMES THE | ||
29 | ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE BINARY SOFTWARE, OR | ||
30 | ANY SYSTEMS LICENSEE DESIGNS USING THE BINARY SOFTWARE (IF ANY). WITHOUT | ||
31 | LIMITING THE GENERALITY OF THE FOREGOING, NXP DOES NOT WARRANT THAT THE BINARY | ||
32 | SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, AND NXP GRANTS NO | ||
33 | WARRANTY REGARDING ITS USE OR THE RESULTS THEREFROM, INCLUDING ITS CORRECTNESS, | ||
34 | ACCURACY, OR RELIABILITY. | ||
35 | |||
36 | Limitation of Liability. IN NO EVENT WILL NXP, OR ANY OF NXP'S LICENSORS HAVE | ||
37 | ANY LIABILITY HEREUNDER FOR ANY INDIRECT, SPECIAL, OR | ||
38 | CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER | ||
39 | FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT | ||
40 | OF THIS AGREEMENT, INCLUDING DAMAGES FOR LOSS OF PROFITS, OR THE COST OF | ||
41 | PROCUREMENT OF SUBSTITUTE GOODS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE | ||
42 | POSSIBILITY OF SUCH DAMAGES. NXP’S TOTAL LIABILITY FOR ALL COSTS, DAMAGES, | ||
43 | CLAIMS, OR LOSSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS | ||
44 | AGREEMENT OR THE BINARY SOFTWARE SUPPLIED UNDER THIS AGREEMENT IS LIMITED TO | ||
45 | THE AGGREGATE AMOUNT PAID BY LICENSEE TO NXP IN CONNECTION WITH THE BINARY | ||
46 | SOFTWARE TO WHICH LOSSES OR DAMAGES ARE CLAIMED. | ||
47 | |||
48 | Trade Compliance. Licensee shall comply with all applicable export and import | ||
49 | control laws and regulations including but not limited to the US Export | ||
50 | Administration Regulation (including prohibited party lists issued by other | ||
51 | federal governments), Catch-all regulations and all national and international | ||
52 | embargoes. Licensee will not knowingly transfer, divert, export or re-export, | ||
53 | directly or indirectly, any product, software, including software source code, | ||
54 | or technology restricted by such regulations or by other applicable national | ||
55 | regulations, received from the other party under this Agreement, or any direct | ||
56 | product of such software or technical data to any person, firm, entity, country | ||
57 | or destination to which such transfer, diversion, export or re-export is | ||
58 | restricted or prohibited, without obtaining prior written authorization from | ||
59 | the applicable competent government authorities to the extent required by those | ||
60 | laws. | ||
61 | |||
62 | Restrictions, Warranty Disclaimer, Limitation of Liability, Trade Compliance, | ||
63 | and Governing Law shall survive termination or expiration of this Agreement. | ||
64 | |||
65 | Governing Law. This Agreement will be governed by, construed, and enforced in | ||
66 | accordance with the laws of the State of Texas, USA, without regard to | ||
67 | conflicts of laws principles, will apply to all matters relating to this | ||
68 | Agreement or the binary software, and Licensee agrees that any litigation will | ||
69 | be subject to the exclusive jurisdiction of the state or federal courts Texas, | ||
70 | USA. The United Nations Convention on Contracts for the International Sale of | ||
71 | Goods will not apply to this Agreement. | ||
72 | Licensed software includes the following 3d party software for which the | ||
73 | following terms apply. | ||
74 | Libfdt - Flat Device Tree manipulation | ||
75 | Copyright © 2006 David Gibson, IBM Corporation | ||
76 | All rights reserved. | ||
77 | Redistributions must reproduce the above copyright notice, this list of | ||
78 | conditions and the following disclaimer in the documentation and/or other | ||
79 | materials provided with the distribution. | ||
80 | |||
81 | THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND | ||
82 | ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED | ||
83 | WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE | ||
84 | DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE | ||
85 | FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL | ||
86 | DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR | ||
87 | SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER | ||
88 | CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, | ||
89 | OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE | ||
90 | OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. | ||
91 | |||
92 | LibElf | ||
93 | Copyright © 2006,2008-2011 Joseph Koshy | ||
94 | All rights reserved. | ||
95 | Redistributions must reproduce the above copyright notice, this list of | ||
96 | conditions and the following disclaimer in the documentation and/or other | ||
97 | materials provided with the distribution. | ||
98 | |||
99 | THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND | ||
100 | ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED | ||
101 | WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE | ||
102 | DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE | ||
103 | FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL | ||
104 | DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR | ||
105 | SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER | ||
106 | CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, | ||
107 | OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE | ||
108 | OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. | ||
109 | |||
110 | |||
111 | ANNEX A | ||
112 | BINARY SOFTWARE | ||
113 | Only software in binary form may be provided under this Agreement | ||
114 | Here is a list of software covered by this Agreement: | ||
115 | MC binary firmware | ||