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| author | Otavio Salvador <otavio@ossystems.com.br> | 2023-09-06 18:20:10 -0300 |
|---|---|---|
| committer | GitHub <noreply@github.com> | 2023-09-06 18:20:10 -0300 |
| commit | 04db36f81953fc5f91f6c0b17f6d25b47778fd19 (patch) | |
| tree | e1453d1712a78d13844bfc3f09baf38e3a979091 | |
| parent | e4d721f735aba27f0f1a478dba1b28f738cd1e9d (diff) | |
| parent | 946687a2d35694976ef54f3bbfc46d4f4117c496 (diff) | |
| download | meta-freescale-04db36f81953fc5f91f6c0b17f6d25b47778fd19.tar.gz | |
Merge pull request #1648 from thochstein/eula
Freescale-EULA: Drop old, unused license
| -rw-r--r-- | custom-licenses/Freescale-EULA | 214 |
1 files changed, 0 insertions, 214 deletions
diff --git a/custom-licenses/Freescale-EULA b/custom-licenses/Freescale-EULA deleted file mode 100644 index 2122a1fd6..000000000 --- a/custom-licenses/Freescale-EULA +++ /dev/null | |||
| @@ -1,214 +0,0 @@ | |||
| 1 | IMPORTANT. Read the following Freescale Software License Agreement ("Agreement") | ||
| 2 | completely. By selecting the "I Accept" button at the end of this page, you | ||
| 3 | indicate that you accept the terms of the Freescale Proprietary Software License | ||
| 4 | Agreement and you also acknowledge that you have the authority, on behalf of your | ||
| 5 | company, to bind your company to such terms. You may then download or install the | ||
| 6 | file. | ||
| 7 | |||
| 8 | FREESCALE PROPRIETARY SOFTWARE LICENSE AGREEMENT | ||
| 9 | This is a license agreement ("Agreement") between you (either as an individual | ||
| 10 | or as an authorized representative acting on behalf of your employer) and Freescale | ||
| 11 | Semiconductor, Inc. ("Freescale"). It concerns your rights to use the software | ||
| 12 | provided 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 | ||
| 14 | documentation relating to the Software provided to you by Freescale under this | ||
| 15 | License. In consideration for Freescale allowing you to access the Software, you are | ||
| 16 | agreeing to be bound by the terms of this Agreement. If you do not agree to all of | ||
| 17 | the terms of this Agreement, do not download or install the Software. If you change | ||
| 18 | your mind later, stop using the Software and delete all copies of the Software in | ||
| 19 | your possession or control. Any copies of the Software that you have already | ||
| 20 | distributed, where permitted, and do not destroy will continue to be governed by | ||
| 21 | this Agreement. Your prior use will also continue to be governed by this Agreement. | ||
| 22 | |||
| 23 | 1. LICENSE GRANT. Freescale grants to you, free of charge, the non-exclusive, | ||
| 24 | non-transferable, non-sublicensable right (1) to use the Software, (2) to reproduce | ||
| 25 | the Software, (3) to prepare derivative works of the Software, (4) to distribute the | ||
| 26 | Software and derivative works thereof in object (machine-readable) form as part of | ||
| 27 | a programmable processing unit (e.g. a microprocessor, microcontroller, or digital | ||
| 28 | signal processor) supplied directly or indirectly from Freescale ("Freescale | ||
| 29 | System") and (5) to sublicense to others the right to use the distributed Software, | ||
| 30 | provided that any and all such sublicenses include the same terms and conditions of | ||
| 31 | this Agreement. Notwithstanding the limitation on damages in Section 8, Licensee | ||
| 32 | will indemnify, defend, and hold harmless Freescale against any and all claims, | ||
| 33 | costs, damages, liabilities, judgments and attorneys' fees resulting from or | ||
| 34 | arising out of any breach by the sublicensee, or resulting from or arising out of | ||
| 35 | any action by the sublicensee inconsistent with this Agreement. | ||
| 36 | You must notify Freescale, in writing, any time you create a derivative of the | ||
| 37 | Software. Freescale owns all derivatives created from the Software, and derivatives | ||
| 38 | are licensed to you under the same terms as the Software under this Agreement. Upon | ||
| 39 | request, you must provide Freescale the source code of any derivative of the Software. | ||
| 40 | If you violate any of the terms or restrictions of this Agreement, Freescale may | ||
| 41 | immediately terminate this Agreement, and require that you stop using and delete all | ||
| 42 | copies of the Software and any derivative in your possession or control. Any license | ||
| 43 | granted above only extends to Freescale's intellectual property rights that would | ||
| 44 | be necessarily infringed by the Software as provided to you by Freescale and as used | ||
| 45 | within the scope of the licenses granted. You must advise Freescale of any results | ||
| 46 | obtained including any problems or suggested improvements thereof. Freescale retains | ||
| 47 | the right to use such results and related information in any manner it deems | ||
| 48 | appropriate. | ||
| 49 | |||
| 50 | 2. OTHER RESTRICTIONS. Subject to the license grant above, the following restrictions | ||
| 51 | apply: | ||
| 52 | |||
| 53 | a. Freescale reserves all rights not expressly granted herein. | ||
| 54 | b. You may not rent, lease, sublicense, lend or encumber the Software, unless | ||
| 55 | otherwise expressly agreed to within this Agreement | ||
| 56 | c. You may not distribute, manufacture, have manufactured, sublicense or otherwise | ||
| 57 | reproduce the Software for purposes other than intended in this Agreement. | ||
| 58 | d. You may not remove or alter any proprietary legends, notices, or trademarks | ||
| 59 | contained in the Licensed Software, | ||
| 60 | e. 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. | ||
| 63 | f. 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 | |||
| 70 | 3. OPEN SOURCE. You are about to download or install certain software that is | ||
| 71 | subject to various open source licenses such as the Apache License, the BSD license, | ||
| 72 | the Free Software Foundation General Public License and Lesser General Public | ||
| 73 | License, the Mozilla Public License and others. Your use of such open source | ||
| 74 | software is subject to the terms of each applicable license. You must agree to the | ||
| 75 | terms of each such applicable license, or you should not use the open source software. | ||
| 76 | Any open source license that is incompatible with the terms of this Agreement | ||
| 77 | supersedes the terms of this Agreement. | ||
| 78 | |||
| 79 | 4. COPYRIGHT. The Software is licensed to you, not sold. Freescale owns the | ||
| 80 | Software, and United States copyright laws and international treaty provisions | ||
| 81 | protect the Software. Therefore, you must treat the Software like any other | ||
| 82 | copyrighted material (e.g. a book or musical recording). You may not use or | ||
| 83 | copy the Software for any other purpose than what is described in this Agreement. | ||
| 84 | Except as expressly provided herein, Freescale does not grant to you any express or | ||
| 85 | implied rights under any Freescale or third party patents, copyrights, trademarks, | ||
| 86 | or trade secrets. Additionally, you must reproduce and apply any copyright or other | ||
| 87 | proprietary rights notices included on or embedded in the Software to any copies | ||
| 88 | made thereof, in whole or in part, if any. You may not remove any copyright | ||
| 89 | notices of Freescale incorporated in the Software. | ||
| 90 | |||
| 91 | 5. TERM AND TERMINATION. The term of this Agreement shall commence on the date | ||
| 92 | of installation or download and shall continue perpetually, unless earlier | ||
| 93 | terminated in accordance with this Agreement. Freescale has the right to terminate | ||
| 94 | this Agreement without notice and require that you stop using and delete all copies | ||
| 95 | of the Software in your possession or control if you violate any of the terms or | ||
| 96 | restrictions of this Agreement. Freescale may terminate this Agreement should any | ||
| 97 | of the Software become, or in Freescale's reasonable opinion is likely to become, | ||
| 98 | the subject of a claim of intellectual infringement or trade secret misappropriation. | ||
| 99 | Upon termination, you must cease use of and destroy, the Software and confirm | ||
| 100 | compliance in writing to Freescale. Upon termination, the license granted pursuant | ||
| 101 | to this Agreement immediately terminates and the provisions of Sections 4 through | ||
| 102 | 18 will survive any termination of this Agreement. | ||
| 103 | |||
| 104 | 6. SUPPORT. Freescale is NOT obligated to provide any support, upgrades or new | ||
| 105 | releases of the Software. If you wish, you may contact Freescale and report problems | ||
| 106 | and provide suggestions regarding the Software. Freescale has no obligation | ||
| 107 | whatsoever to respond in any way to such a problem report or suggestion. Freescale | ||
| 108 | may make changes to the Software at any time, without any obligation to notify or | ||
| 109 | provide updated versions of the Software to you. | ||
| 110 | |||
| 111 | 7. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREESCALE EXPRESSLY | ||
| 112 | DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS", | ||
| 113 | WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT | ||
| 114 | LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR | ||
| 115 | PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE | ||
| 116 | OR PERFORMANCE OF THE SOFTWARE, OR ANY SYSTEMS YOU DESIGN USING THE SOFTWARE (IF | ||
| 117 | ANY). NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS A WARRANTY OR REPRESENTATION | ||
| 118 | BY FREESCALE THAT THE SOFTWARE OR ANY DERIVATIVE WORK DEVELOPED WITH OR INCORPORATING | ||
| 119 | THE SOFTWARE WILL BE FREE FROM INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF | ||
| 120 | THIRD PARTIES. | ||
| 121 | |||
| 122 | 8. INDEMNITY. You agree to fully defend and indemnify Freescale from any and all | ||
| 123 | claims, 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 | |||
| 127 | 9. LIMITATION OF LIABILITY. IN NO EVENT WILL FREESCALE BE LIABLE, WHETHER IN | ||
| 128 | CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL | ||
| 129 | OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, | ||
| 130 | LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES | ||
| 131 | TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW EVEN IF INFORMED IN ADVANCE OF THE | ||
| 132 | POSSIBILITY OF SUCH DAMAGES. FREESCALE'S LIABILITY WILL IN ANY EVENT AND UNDER ANY | ||
| 133 | THEORY OF RECOVERY BE LIMITED TO THE TOTAL AMOUNT RECEIVED BY FREESCALE UNDER THIS | ||
| 134 | AGREEMENT. | ||
| 135 | |||
| 136 | 10. COMPLIANCE WITH LAWS; EXPORT RESTRICTIONS. You must not resell, re-export, or | ||
| 137 | provide, directly or indirectly, the licensed software or direct product thereof, | ||
| 138 | in any form without obtaining appropriate export or re-export licenses from the | ||
| 139 | United States Government and from the country from which the export or re-export | ||
| 140 | is to occur. An export occurs when products, technology, or software is transferred | ||
| 141 | from one country to another by any means, including physical shipments, FTP file | ||
| 142 | transfers, E-mails, faxes, remote server access, conversations, and the like. An | ||
| 143 | export also occurs when technology or software is transferred to a foreign national | ||
| 144 | in the United States, or foreign national of the country in which the business | ||
| 145 | activity is taking place. A foreign national is any person who is neither a citizen | ||
| 146 | nor permanent resident of the United States, or the country in which the business | ||
| 147 | activity is taking place. Furthermore, if an export/import license, permit or other | ||
| 148 | government required authority (collectively referred to as "government | ||
| 149 | authorization") is required to transfer technology, software, hardware or other | ||
| 150 | Freescale property to non- Freescale party(ies) and is not approved, then Freescale | ||
| 151 | is not obligated to transfer the Software under this Agreement until such | ||
| 152 | "government authorization" is granted.. | ||
| 153 | |||
| 154 | 11. GOVERNMENT RIGHTS. The Licensed Software is a "Commercial Item as defined in | ||
| 155 | 48 C.F.R. $2.101, consisting of "Commercial Computer Software" and "Commercial | ||
| 156 | Computer Software Documentation," as such terms are used in 48 C.F.R. $ 12.212 or | ||
| 157 | 48 C.F.R. $227.7202, as applicable and are only licensed to U.S. Government end | ||
| 158 | users with the rights as are set forth herein.. | ||
| 159 | |||
| 160 | 12. HIGH RISK ACTIVITIES. You acknowledge that the Software is not fault tolerant | ||
| 161 | and is not designed, manufactured or intended by Freescale for incorporation into | ||
| 162 | products intended for use or resale in on-line control equipment in hazardous, | ||
| 163 | dangerous 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 | ||
| 166 | weapons systems, in which the failure of products could lead directly to death, | ||
| 167 | personal 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 | ||
| 169 | derivative work of the Software for High Risk Activities. | ||
| 170 | |||
| 171 | 13. CHOICE OF LAW; VENUE; LIMITATIONS. You agree that the statutes and laws of the | ||
| 172 | United States and the State of Texas, USA, without regard to conflicts of laws | ||
| 173 | principles, will apply to all matters relating to this Agreement or the Software, | ||
| 174 | and you agree that any litigation will be subject to the exclusive jurisdiction of | ||
| 175 | the state or federal courts in Texas, USA. You agree that regardless of any | ||
| 176 | statute or law to the contrary, any claim or cause of action arising out of or | ||
| 177 | related to this Agreement or the Software must be filed within one (1) year after | ||
| 178 | such claim or cause of action arose or be forever barred. | ||
| 179 | |||
| 180 | 14. CONFIDENTIAL INFORMATION. You must treat the Software as confidential | ||
| 181 | information and you agree to retain the Software in confidence perpetually, with | ||
| 182 | respect 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 | ||
| 184 | parts of the Software. During this period you may not disclose any part of the | ||
| 185 | Software 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 | ||
| 187 | Software 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 | ||
| 189 | Software 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 | ||
| 192 | disclose information required, and that you allow Freescale the opportunity to | ||
| 193 | object to such court or other legal body requiring such disclosure. | ||
| 194 | |||
| 195 | 15. PRODUCT LABELING. You are not authorized to use any Freescale trademarks, | ||
| 196 | brand names, or logos. | ||
| 197 | |||
| 198 | 16. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you | ||
| 199 | and Freescale regarding the subject matter of this Agreement, and supersedes all | ||
| 200 | prior communications, negotiations, understandings, agreements or representations, | ||
| 201 | either written or oral, if any. This Agreement may only be amended in written form, | ||
| 202 | executed by you and Freescale. | ||
| 203 | |||
| 204 | 17. SEVERABILITY. If any provision of this Agreement is held for any reason to be | ||
| 205 | invalid or unenforceable, then the remaining provisions of this Agreement will be | ||
| 206 | unimpaired and, unless a modification or replacement of the invalid or unenforceable | ||
| 207 | provision is further held to deprive you or Freescale of a material benefit, in | ||
| 208 | which case the Agreement will immediately terminate, the invalid or unenforceable | ||
| 209 | provision will be replaced with a provision that is valid and enforceable and that | ||
| 210 | comes closest to the intention underlying the invalid or unenforceable provision. | ||
| 211 | |||
| 212 | 18. NO WAIVER. The waiver by Freescale of any breach of any provision of this | ||
| 213 | Agreement will not operate or be construed as a waiver of any other or a subsequent | ||
| 214 | breach of the same or a different provision. | ||
