From 946687a2d35694976ef54f3bbfc46d4f4117c496 Mon Sep 17 00:00:00 2001 From: Tom Hochstein Date: Wed, 6 Sep 2023 13:32:26 -0700 Subject: Freescale-EULA: Drop old, unused license Fixes: #1644 Signed-off-by: Tom Hochstein --- custom-licenses/Freescale-EULA | 214 ----------------------------------------- 1 file changed, 214 deletions(-) delete mode 100644 custom-licenses/Freescale-EULA diff --git a/custom-licenses/Freescale-EULA b/custom-licenses/Freescale-EULA deleted file mode 100644 index 2122a1fd..00000000 --- a/custom-licenses/Freescale-EULA +++ /dev/null @@ -1,214 +0,0 @@ -IMPORTANT. Read the following Freescale Software License Agreement ("Agreement") -completely. By selecting the "I Accept" button at the end of this page, you -indicate that you accept the terms of the Freescale Proprietary Software License -Agreement and you also acknowledge that you have the authority, on behalf of your -company, to bind your company to such terms. You may then download or install the -file. - -FREESCALE PROPRIETARY SOFTWARE LICENSE AGREEMENT -This is a license agreement ("Agreement") between you (either as an individual -or as an authorized representative acting on behalf of your employer) and Freescale -Semiconductor, Inc. ("Freescale"). It concerns your rights to use the software -provided to you in binary or source code form and any accompanying written materials -(the "Software"). The Software may include any updates or error corrections or -documentation relating to the Software provided to you by Freescale under this -License. In consideration for Freescale allowing you to access the Software, you are -agreeing to be bound by the terms of this Agreement. If you do not agree to all of -the terms of this Agreement, do not download or install the Software. If you change -your mind later, stop using the Software and delete all copies of the Software in -your possession or control. Any copies of the Software that you have already -distributed, where permitted, and do not destroy will continue to be governed by -this Agreement. Your prior use will also continue to be governed by this Agreement. - -1. LICENSE GRANT. Freescale grants to you, free of charge, the non-exclusive, -non-transferable, non-sublicensable right (1) to use the Software, (2) to reproduce -the Software, (3) to prepare derivative works of the Software, (4) to distribute the -Software and derivative works thereof in object (machine-readable) form as part of -a programmable processing unit (e.g. a microprocessor, microcontroller, or digital -signal processor) supplied directly or indirectly from Freescale ("Freescale -System") and (5) to sublicense to others the right to use the distributed Software, -provided that any and all such sublicenses include the same terms and conditions of -this Agreement. Notwithstanding the limitation on damages in Section 8, Licensee -will indemnify, defend, and hold harmless Freescale against any and all claims, -costs, damages, liabilities, judgments and attorneys' fees resulting from or -arising out of any breach by the sublicensee, or resulting from or arising out of -any action by the sublicensee inconsistent with this Agreement. -You must notify Freescale, in writing, any time you create a derivative of the -Software. Freescale owns all derivatives created from the Software, and derivatives -are licensed to you under the same terms as the Software under this Agreement. Upon -request, you must provide Freescale the source code of any derivative of the Software. -If you violate any of the terms or restrictions of this Agreement, Freescale may -immediately terminate this Agreement, and require that you stop using and delete all -copies of the Software and any derivative in your possession or control. Any license -granted above only extends to Freescale's intellectual property rights that would -be necessarily infringed by the Software as provided to you by Freescale and as used -within the scope of the licenses granted. You must advise Freescale of any results -obtained including any problems or suggested improvements thereof. Freescale retains -the right to use such results and related information in any manner it deems -appropriate. - -2. OTHER RESTRICTIONS. Subject to the license grant above, the following restrictions - apply: - -a. Freescale reserves all rights not expressly granted herein. -b. You may not rent, lease, sublicense, lend or encumber the Software, unless - otherwise expressly agreed to within this Agreement -c. You may not distribute, manufacture, have manufactured, sublicense or otherwise - reproduce the Software for purposes other than intended in this Agreement. -d. You may not remove or alter any proprietary legends, notices, or trademarks - contained in the Licensed Software, -e. The terms and conditions of this Agreement will apply to any Software updates, - provided to you at Freescale's discretion, that replace and/or supplement the - original Software, unless such update contains a separate license. -f. You may not translate, reverse engineer, decompile, or disassemble the Software - provided to you solely in object code format (machine readable) except to the - extent applicable law specifically prohibits such restriction. You will prohibit - your sublicensees from translating, reverse engineering, decompiling, or - disassembling the Software except to the extent applicable law specifically - prohibits such restriction. - -3. OPEN SOURCE. You are about to download or install certain software that is -subject to various open source licenses such as the Apache License, the BSD license, -the Free Software Foundation General Public License and Lesser General Public -License, the Mozilla Public License and others. Your use of such open source -software is subject to the terms of each applicable license. You must agree to the -terms of each such applicable license, or you should not use the open source software. -Any open source license that is incompatible with the terms of this Agreement -supersedes the terms of this Agreement. - -4. COPYRIGHT. The Software is licensed to you, not sold. Freescale owns the -Software, and United States copyright laws and international treaty provisions -protect the Software. Therefore, you must treat the Software like any other -copyrighted material (e.g. a book or musical recording). You may not use or -copy the Software for any other purpose than what is described in this Agreement. -Except as expressly provided herein, Freescale does not grant to you any express or -implied rights under any Freescale or third party patents, copyrights, trademarks, -or trade secrets. Additionally, you must reproduce and apply any copyright or other -proprietary rights notices included on or embedded in the Software to any copies -made thereof, in whole or in part, if any. You may not remove any copyright -notices of Freescale incorporated in the Software. - -5. TERM AND TERMINATION. The term of this Agreement shall commence on the date -of installation or download and shall continue perpetually, unless earlier -terminated in accordance with this Agreement. Freescale has the right to terminate -this Agreement without notice and require that you stop using and delete all copies -of the Software in your possession or control if you violate any of the terms or -restrictions of this Agreement. Freescale may terminate this Agreement should any -of the Software become, or in Freescale's reasonable opinion is likely to become, -the subject of a claim of intellectual infringement or trade secret misappropriation. -Upon termination, you must cease use of and destroy, the Software and confirm -compliance in writing to Freescale. Upon termination, the license granted pursuant -to this Agreement immediately terminates and the provisions of Sections 4 through -18 will survive any termination of this Agreement. - -6. SUPPORT. Freescale is NOT obligated to provide any support, upgrades or new -releases of the Software. If you wish, you may contact Freescale and report problems -and provide suggestions regarding the Software. Freescale has no obligation -whatsoever to respond in any way to such a problem report or suggestion. Freescale -may make changes to the Software at any time, without any obligation to notify or -provide updated versions of the Software to you. - -7. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREESCALE EXPRESSLY -DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS", -WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT -LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR -PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE -OR PERFORMANCE OF THE SOFTWARE, OR ANY SYSTEMS YOU DESIGN USING THE SOFTWARE (IF -ANY). NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS A WARRANTY OR REPRESENTATION -BY FREESCALE THAT THE SOFTWARE OR ANY DERIVATIVE WORK DEVELOPED WITH OR INCORPORATING -THE SOFTWARE WILL BE FREE FROM INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF -THIRD PARTIES. - -8. INDEMNITY. You agree to fully defend and indemnify Freescale from any and all -claims, liabilities, and costs (including reasonable attorney's fees) related to -(1) your use (including your sublicensee's use, if permitted) of the Software or -(2) your violation of the terms and conditions of this Agreement. - -9. LIMITATION OF LIABILITY. IN NO EVENT WILL FREESCALE BE LIABLE, WHETHER IN -CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL -OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, -LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES -TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW EVEN IF INFORMED IN ADVANCE OF THE -POSSIBILITY OF SUCH DAMAGES. FREESCALE'S LIABILITY WILL IN ANY EVENT AND UNDER ANY -THEORY OF RECOVERY BE LIMITED TO THE TOTAL AMOUNT RECEIVED BY FREESCALE UNDER THIS -AGREEMENT. - -10. COMPLIANCE WITH LAWS; EXPORT RESTRICTIONS. You must not resell, re-export, or -provide, directly or indirectly, the licensed software or direct product thereof, -in any form without obtaining appropriate export or re-export licenses from the -United States Government and from the country from which the export or re-export -is to occur. An export occurs when products, technology, or software is transferred -from one country to another by any means, including physical shipments, FTP file -transfers, E-mails, faxes, remote server access, conversations, and the like. An -export also occurs when technology or software is transferred to a foreign national -in the United States, or foreign national of the country in which the business -activity is taking place. A foreign national is any person who is neither a citizen -nor permanent resident of the United States, or the country in which the business -activity is taking place. Furthermore, if an export/import license, permit or other -government required authority (collectively referred to as "government -authorization") is required to transfer technology, software, hardware or other -Freescale property to non- Freescale party(ies) and is not approved, then Freescale -is not obligated to transfer the Software under this Agreement until such -"government authorization" is granted.. - -11. GOVERNMENT RIGHTS. The Licensed Software is a "Commercial Item as defined in -48 C.F.R. $2.101, consisting of "Commercial Computer Software" and "Commercial -Computer Software Documentation," as such terms are used in 48 C.F.R. $ 12.212 or -48 C.F.R. $227.7202, as applicable and are only licensed to U.S. Government end -users with the rights as are set forth herein.. - -12. HIGH RISK ACTIVITIES. You acknowledge that the Software is not fault tolerant -and is not designed, manufactured or intended by Freescale for incorporation into -products intended for use or resale in on-line control equipment in hazardous, -dangerous to life or potentially life-threatening environments requiring fail-safe - performance, such as in the operation of nuclear facilities, aircraft navigation - or communication systems, air traffic control, direct life support machines or -weapons systems, in which the failure of products could lead directly to death, -personal injury or severe physical or environmental damage ("High Risk Activities"). - You specifically represent and warrant that you will not use the Software or any -derivative work of the Software for High Risk Activities. - -13. CHOICE OF LAW; VENUE; LIMITATIONS. You agree that the statutes and laws of the -United States and the State of Texas, USA, without regard to conflicts of laws -principles, will apply to all matters relating to this Agreement or the Software, -and you agree that any litigation will be subject to the exclusive jurisdiction of -the state or federal courts in Texas, USA. You agree that regardless of any -statute or law to the contrary, any claim or cause of action arising out of or -related to this Agreement or the Software must be filed within one (1) year after -such claim or cause of action arose or be forever barred. - -14. CONFIDENTIAL INFORMATION. You must treat the Software as confidential -information and you agree to retain the Software in confidence perpetually, with -respect to Software in source code form (human readable), or for a period of five -(5) years from the date of termination of this Agreement, with respect to all other -parts of the Software. During this period you may not disclose any part of the -Software to anyone other than employees who have a need to know of the Software and - who have executed written agreements obligating them to protect such Licensed -Software to at least the same degree of care as in this Agreement. You agree to use - the same degree of care, but no less than a reasonable degree of care, with the -Software as you do with your own confidential information. You may disclose Software - to the extent required by a court or under operation of law or order provided that - you notify Freescale of such requirement prior to disclosure, which you only -disclose information required, and that you allow Freescale the opportunity to -object to such court or other legal body requiring such disclosure. - -15. PRODUCT LABELING. You are not authorized to use any Freescale trademarks, -brand names, or logos. - -16. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you -and Freescale regarding the subject matter of this Agreement, and supersedes all -prior communications, negotiations, understandings, agreements or representations, -either written or oral, if any. This Agreement may only be amended in written form, -executed by you and Freescale. - -17. SEVERABILITY. If any provision of this Agreement is held for any reason to be -invalid or unenforceable, then the remaining provisions of this Agreement will be -unimpaired and, unless a modification or replacement of the invalid or unenforceable -provision is further held to deprive you or Freescale of a material benefit, in -which case the Agreement will immediately terminate, the invalid or unenforceable -provision will be replaced with a provision that is valid and enforceable and that -comes closest to the intention underlying the invalid or unenforceable provision. - -18. NO WAIVER. The waiver by Freescale of any breach of any provision of this -Agreement will not operate or be construed as a waiver of any other or a subsequent -breach of the same or a different provision. -- cgit v1.2.3-54-g00ecf