From c850e6f88ea9ed10cadeb46a3a53f942646a0b6c Mon Sep 17 00:00:00 2001 From: Lauren Post Date: Mon, 5 Aug 2013 11:28:01 -0500 Subject: [PATCH] EULA: align to latest freescale download license Signed-off-by: Lauren Post --- meta-fsl-arm/EULA | 729 +++++++++++++++++++++++++++++++--------------- 1 file changed, 502 insertions(+), 227 deletions(-) diff --git a/meta-fsl-arm/EULA b/meta-fsl-arm/EULA index df02a3b6..96b33aa9 100644 --- a/meta-fsl-arm/EULA +++ b/meta-fsl-arm/EULA @@ -1,248 +1,523 @@ -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 -Agreement referenced below. You may then download the file. If this -is a "shrink wrap license," by opening the package and installing the -software contained, you indicate that you accept the terms of the -Agreement referenced below. - - OPEN SOURCE LICENSE - -You are about to download 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. The particular -files are listed in a file in the distribution, which will typically -be called "package_manifest.txt" ("Manifest"). In the case of a -discrepancy between the Manifest and the files in the distribution, -the files in the distribution will supersede this list. The files that -are subject to open source licenses will have the licensing details -contained in those files. If you do not accept the terms of any of -those licenses, stop using those files immediately. - - FREESCALE SOFTWARE LICENSE AGREEMENT - -This is a legal agreement between you (either as an individual or as -an authorized representative of your employer) and Freescale -Semiconductor, Inc. ("Freescale"). It concerns your rights to use -these files and any accompanying written materials (the "Software" and -the "Codec Software" (as defined below). Except where specifically -indicated in the License Grant below, Software will include Codec -Software including third party software as more fully described below -and identified on Attachment A; and software created or licensed to -Freescale. This Agreement does not concern your use of any files that -are subject to an "open source" software license, such as the Free -Software Foundation "General Public License," or "GNU GPL." 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 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. - -LICENSE GRANT. Exclusively in conjunction with your development and -sale of a product containing an i.MX or STMP programmable processing -unit (e.g. a microprocessor, microcontroller) supplied directly or -indirectly from Freescale ("Freescale System"), Freescale grants to -you, free of charge, the non-exclusive, non-transferable right (1) to -use the Software, (2) to reproduce the Software, (3) distribute the -Software, (4) to sublicense to others the right to use the distributed -Software as included within the Freescale System and, to the extent -the Software is provided in source code form (human readable), (5) to -prepare derivative works of the Software, (6) to distribute derivative -works thereof only in object (machine-readable) form as part of a -Freescale System, and (7) to sublicense to others the right to use the -distributed derivative works as included within the Freescale System. -Exclusively in conjunction with your development and sale of a product -containing a Freescale System, Freescale grants to you, free of -charge, the non-exclusive, non-transferable right to use the Codec -Software evaluation and demonstration purposes only. Codec Software -is software designed for processing multimedia streams (audio and -video). You agree that you are responsible for obtaining any -necessary licenses or permission for all Essential Patents for Codec -Software. "Essential Patent" means a patent to the limited extent that +LA_OPT27 v4 June 2013 + +FREESCALE SEMICONDUCTOR SOFTWARE LICENSE AGREEMENT + +IMPORTANT. Read the following Freescale Semiconductor 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 this Agreement. You may then +download the file. + + +This is a legal agreement between you, as an authorized representative +of your employer (together "you"), and Freescale Semiconductor, Inc. +("Freescale") and its Affiliates. It concerns your rights to use this +software and any accompanying written documentation (the "Licensed +Software"). In consideration for Freescale allowing you to access +the Licensed 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 the Licensed Software. If at any point +you no longer agree to all the terms of this Agreement, stop using +the Licensed Software immediately and delete all copies of the +Licensed Software in your possession or control. Any copies of the +Licensed Software that you have already distributed, where permitted, +and that have not been destroyed, will continue to be governed by +this Agreement. Your prior use of the Licensed Software will also +continue to be governed by this Agreement. + +Section 1. Definitions + +1.1 "Affiliate" means, any corporation, or entity directly or +indirectly controlled by, controlling, or under common control with +Freescale. + +1.2 "Authorized Employees" means your employees or contractors +working at your premises on your behalf under a work for hire agreement. + +1.3 "Authorized System" means the hardware system(s) or software +program(s) marketed by you which contains an i.MX processor and for +which the Licensed Software will be adapted by Licensee pursuant to +this Agreement and with which the Licensed Software will be integrated. + +1.4 "Essential Patent" means a patent to the limited extent that infringement of such patent cannot be avoided in remaining compliant with the technology standards implicated by the usage of any of the -Codec Software, including optional implementation of such standards, +Licensed Software, including optional implementation of such standards, on technical but not commercial grounds, taking into account normal -technical practice and the state of the art generally available at the -time of standardization. You may not translate, reverse engineer, -decompile, or disassemble the Software except to the extent applicable -law specifically prohibits such restriction. You will not assert -against Freescale any intellectual property right that you create in -preparation of any derivative works 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 in your possession or control. - -COPYRIGHT. The Software is licensed to you, not sold. Freescale or -its licensor 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 or derivative -works made thereof, in whole or in part, if any. - -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. - -EXCLUDED LICENSES. You will not take or fail to take any action that -could subject the Software to an Excluded License. An Excluded +technical practice and the state of the art generally available at +the time of standardization. + +1.5 "Intellectual Property Rights" means any and all rights under +statute, common law or equity in and under copyrights, trade secrets, +and patents (including utility models), and analogous rights throughout +the world, including any applications for and the right to apply for, +any of the foregoing. + +1.6 "Licensed Software" means the software and the associated +documentation. + +1.7 "Agreement" means this document and the following Appendices +which are attached hereto and included herein by reference : + +- Appendix A : Other License Grants and Rights + + +Section 2. Licenses +2.1 Separate license grants and rights to Third Party Software, +if different from those granted in this Section 2, are as identified +on Appendix A. + +2.2 For Freescale Licensed Software, Freescale grants you a +world-wide, personal, non-transferable, non-exclusive, license, under +Freescale's Intellectual Property Rights: + +(a) to use, only as part of, or integrated within, Authorized +Systems and not on a stand alone basis, the Licensed Software; + +(b) to reproduce, only as part of, or integrated within, +Authorized Systems and not on a stand alone basis, the Licensed Software; + +(c) to directly or indirectly manufacture, demonstrate, copy, +distribute, market and sell the Licensed Software in object code +(machine readable) only as part of, or embedded within, Authorized +Systems in object code form and not on a stand alone basis. +Notwithstanding the foregoing, those files marked as .h files +("Header files") may be distributed in source or object code form, +but only as part of, or embedded within Authorized Systems. + +(d) to copy, use and distribute as needed, solely in connection +with an Authorized System, the proprietary information for the purpose +of developing, maintaining and supporting Authorized Systems with which +the Licensed Software is integrated. + +2.3 For Freescale Licensed Software provided to you in source code +form (human readable), Freescale further grants to you a worldwide, +personal, non-transferable, non-exclusive, license, under Freescale's +Intellectual Property Rights: + +(a) to prepare derivative works, only as part of, or integrated +within, Authorized Systems and not on a stand alone basis, of the +Licensed Software; + +(b) to use, demonstrate, copy, distribute, market and sell +derivative works of the Licensed Software in object code (machine +readable) only as part of, or integrated within, Authorized Systems +and not on a stand alone basis. Notwithstanding the foregoing, those +files marked as .h files ("Header files") may be distributed in source +or object code form, but only as part of, or embedded within Authorized +Systems. + +2.4 You may use subcontractors on your premises to exercise your +rights under Section 2.2 and 2.3 so long as you have an agreement in +place with the subcontractor containing confidentiality restrictions +no less stringent than those contained in this Agreement. You will +remain liable for your subcontractors' adherence to the terms of this +Agreement and for any and all acts and omissions of such subcontractors +with respect to this Agreement and the Licensed Software. + +2.5 The licenses granted above in section 2.3 only extend to Freescale +intellectual property rights that would be infringed by the Licensed +Software prior to your preparation of any derivative work. + +2.6 You are solely responsible for obtaining any necessary third +party approvals and any licenses for any necessary Essential Patents +for their use in connection with technology that you incorporate into +the your Authorized System (whether as part of the Licensed Software +or not). + +2.7 The Licensed Software is licensed to you, not sold. Title +to Licensed Software delivered hereunder remains vested in Freescale +or Freescale's licensor and cannot be assigned or transferred. You +are expressly forbidden from selling or otherwise distributing the +Licensed Software, or any portion thereof, except as expressly permitted +herein. This Agreement does not grant to you any implied rights under +any Freescale or third party intellectual property. + +2.8 You may not translate, reverse engineer, decompile, or +disassemble the Licensed Software except to the extent applicable +law specifically prohibits such restriction. You must prohibit your +sub-licensees from translating, reverse engineering, decompiling, or +disassembling the Licensed Software except to the extent applicable +law specifically prohibits such restriction. + +2.9 You must reproduce any and all of Freescale's (or its third +party licensor's) copyright notices and other proprietary legends on +copies of Licensed Software. + +2.10 If you distribute the Licensed Software to the United States +Government, then the Licensed Software is "restricted computer software" +and is subject to FAR 52.227-19 (c)(1) and (c)(2). + +2.11 You grant to Freescale a non-exclusive, non-transferable, +irrevocable, perpetual, worldwide, royalty-free, sub-licensable license +under your Intellectual Property Rights to use without restriction and +for any purpose any suggestion, comment or other feedback related to +the Licensed Software (including, but not limited to, error corrections +and bug fixes). + +2.12 You will not take or fail to take any action that could +subject the Licensed Software to an Excluded License. An Excluded License means any license that requires as a condition of use, modification and/or distribution of software subject to the Excluded -License, that such software or other software combined and/or -distributed with such software be (A) disclosed or distributed in -source code form; (B) licensed for the purpose of making derivative -works; or (C) redistributable at no charge. - -FEEDBACK. You grant to Freescale a non-exclusive, non-transferable, -irrevocable, perpetual, worldwide, royalty-free, sub-licensable -license under your Intellectual Property Rights to use without -restriction and for any purpose any suggestion, comment or other -feedback related to the Licensed Software (including, but not limited -to, error corrections and bug fixes). - -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. - -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. - -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 +License, that such software or other software combined and/or distributed +with such software be (A) disclosed or distributed in source code form; +(B) licensed for the purpose of making derivative works; or +(C) redistributable at no charge. + + +Section 3. Intellectual Property Rights + +3.1 Subject to Freescale's ownership interest in the underlying +Licensed Software, all intellectual property rights associated with, +and title to, your Authorized System will be retained by or will vest in you. + +3.2 Your modifications to the Licensed Software, and all intellectual +property rights associated with, and title thereto, will be the property +of Freescale. You agree to assign all, and hereby do assign all rights, +title, and interest to any such modifications to the Licensed Software +to Freescale and agree to provide all assistance reasonably requested +by Freescale to establish, preserve or enforce such right. Further, +you agree to waive all moral rights relating to your modifications to +he Licensed Software, including, without limitation, any and all rights +of identification of authorship and any and all rights of approval, +restriction, or limitation on use or subsequent modification. +Notwithstanding the foregoing, you will have the license rights granted +in Section 2 hereto to any such modifications made by you or your +licensor's. + + +Section 4. Patent Covenant not to Sue + +4.1 As partial, material consideration for the rights granted to +you under this Agreement, you covenant not to sue or otherwise assert +your patents against Freescale, a Freescale Affiliate or subsidiary, +or a Freescale licensee of the Licensed Software for infringement of +your Intellectual Property Rights by the manufacture, use, sale, offer +for sale, importation or other disposition or promotion of the Licensed +Software and/or any redistributed portions thereof. + + +Section 5. Term and Termination + +5.1 This Agreement will remain in effect unless terminated as +provided herein. + +5.2 You may terminate this Agreement immediately upon written +notice to Freescale at the address provided below. + +5.3 Either party may terminate this Agreement if the other party +is in default of any of the terms and conditions of this Agreement, +and termination is effective if the defaulting party fails to correct +such default within 30 days after written notice thereof by the +non-defaulting party to the defaulting party at the address below. + +5.4 Notwithstanding the foregoing, Freescale may terminate this +Agreement immediately upon written notice if you: + +(a) breach any of your confidentiality obligations or the +license restrictions under this Agreement; + +(b) become bankrupt or insolvent, or file a petition therefore; + +(c) make an assignment for the benefit of its creditors; + +(d) enter proceedings for winding up or dissolution; + +(e) are dissolved; or + +(f) are nationalized or is subject to the expropriation of all +or substantially all of its business or assets. + +5.5 Upon termination of this Agreement, all licenses granted under +Section 2 will expire, except that any licenses extended to end-users +pursuant to Sections 2.2 (c), 2.2 (d) and 2.3 (b) which have been granted +prior to such termination will survive. + +5.6 After termination of this Agreement by either party and upon +Freescale's written request, you will, at your discretion, return to the +Freescale any confidential information including any and all copies thereof +or furnish to Freescale at the address below, a statement certifying, with +respect to the Licensed Software delivered hereunder that the original and +all copies, except for archival copies to be used solely for dispute +resolution purposes, in whole or in part, in any form, of the Licensed +Software have been destroyed. + +5.7 Notwithstanding the termination of this Agreement for any reason, +the terms of Sections 1, 2.5 - 2.12, 3, 4, 5.6, 5.7, 7 and 8 will survive. + + +Section 6. Warranty + +6.1 Freescale warrants that for the 30 day period following your +download of the Licensed Software that the Licensed Software as delivered +is free of material defects in materials and workmanship. + +6.2 If Licensed Software is not as warranted, Freescale will, at its +sole option, and as your exclusive remedy, either refund the fees associated +with such Licensed Software, repair, or replace with the same or equivalent +products that meet this warranty. This warranty does not apply to Licensed +Software that has been subjected to improper testing, assembly, mishandling, + modification, or misuse, whether by you or by others. This warranty will +not be expanded, and no obligation or liability will arise, due to technical +advice or assistance, qualification or testing data, computerized data, +facilities or service Freescale may provide in connection with the Licensed +Software. + +6.3 Freescale does not warrant that the functions contained in the +Licensed Software will meet your requirements or that the operation of the +Licensed Software will be uninterrupted or error free. + +6.4 The warranty recited in this Section 6 extends only to you. + +6.5 THIS WARRANTY RECITED IN THIS SECTION 6 IS IN LIEU OF ALL OTHER +WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY +QUALITY OR FITNESS, AND THE WARRANTY AGAINST INFRINGEMENT SPECIFIED IN THE +UNIFORM COMMERCIAL CODE. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED TO +THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. + + +Section 7. Indemnification + +7.1 You will defend, indemnify and hold harmless Freescale from any +and all damages claims, liabilities, and costs (including reasonable +attorney's fees) related to your (including contractor's and licensee's) +use of the Licensed Software and/or (2) your (including contractor's and +licensee's) violation of the terms and conditions of this Agreement. You +are excused from this obligation to the extent any such claim arises solely +from the Licensed Software as provided by Freescale. + + +Section 8. General Provisions + +8.1 Amendments and Waivers. No amendment of any provision of +this Agreement will be valid unless stated in writing and signed by +authorized representatives of each of the parties. No waiver by any party +of any default, misrepresentation or covenant herein, whether intentional +or not, will be deemed to extend any prior or subsequent default, +misrepresentation, or covenant hereunder or affect in any way any rights +arising by virtue of any prior or subsequent occurrence. + +8.2 Choice of Law. This Agreement will be governed by, +construed, and enforced in accordance with the laws of the State of Texas. + +8.3 Confidential Information. You will treat the Licensed Software +as confidential information and you agree to retain the Licensed Software +in confidence perpetually with respect to Licensed 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 +Licensed Software. During this period you may not disclose any part of +the Licensed Software to others than employees or contractors who have a +need to know of the Licensed Software and who have executed written +agreements obligating them to protect such Licensed Software. You agree +to use the same degree of care, but no less than a reasonable degree +of care, with the Licensed Software as you do with your own confidential +information. You may disclose Licensed 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, that you only disclose information +required, and that the you allow Freescale the opportunity to object to such +court or other legal body requiring such disclosure. + +8.4 Counterparts. This Agreement may be executed in one or more +original counterparts, all of which together will constitute one agreement, +and facsimile signatures will have the same effect as original signatures. + +8.5 Entire Agreement. This Agreement, including its attachments, +constitutes the entire agreement between the parties regarding the subject +matter hereof, and supersedes all prior communications, negotiations, +understandings, agreements or representations, either written or oral, +by or among the parties regarding such subject matter. + +8.6 Limitation of Liability. EXCLUDING LIABILITY FOR A +BREACH OF SECTION 8.3 (CONFIDENTIALITY), BREACHES OF THE LICENSE GRANTS +IN SECTION 2, OR CLAIMS UNDER SECTION 7, IN NO EVENT WILL EITHER PARTY +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 +COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. FREESCALE'S TOTAL LIABILITY FOR -ANY AND ALL COSTS, DAMAGES, CLAIMS, OR LOSSES WHATSOEVER ARISING OUT -OF OR IN CONNECTION WITH THIS AGREEMENT OR PRODUCT(S) SUPPLIED UNDER -THIS AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT PAID BY LICENSEE TO -FREESCALE IN CONNECTION WITH THE LICENSED SOFTWARE TO WHICH LOSSES OR -DAMAGES ARE CLAIMED. - -COMPLIANCE WITH LAWS; EXPORT RESTRICTIONS. You must use the Software -in accordance with all applicable export laws, regulations and -statutes. You agree that neither you nor your licensees (if any) -intend to or will, directly or indirectly, export or transmit the -Software to any country in violation of. any export restrictions. - -GOVERNMENT USE. Use of the Software and any corresponding -documentation, if any, is provided with RESTRICTED RIGHTS. Use, -duplication or disclosure by the Government is subject to restrictions -as set forth in subparagraph (c)(1)(ii) of The Rights in Technical -Data and Computer Software clause at DFARS 252.227-7013 or -subparagraphs (c)(l) and (2) of the Commercial Computer -Software--Restricted Rights at 48 CFR 52.227-19, as -applicable. Manufacturer is Freescale Semiconductor, Inc., 6501 -William Cannon Drive West, Austin, TX, 78735. - -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. - -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. - -PRODUCT LABELING. You are not authorized to use any Freescale -trademarks, brand names, or logos. - -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. +ANY AND ALL COSTS, DAMAGES, CLAIMS, OR LOSSES WHATSOEVER ARISING OUT OF +OR IN CONNECTION WITH THIS AGREEMENT OR PRODUCT(S) SUPPLIED UNDER THIS +AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU TO FREESCALE IN +CONNECTION WITH THE LICENSED SOFTWARE TO WHICH LOSSES OR DAMAGES ARE CLAIMED. + +8.7 Notices. +All notices and communications under this Agreement will be made in writing, +and will be effective when received at the following addresses: + + Freescale: + Freescale Semiconductor, Inc. + 6501 William Cannon Drive, West + Austin, Texas 78735 + ATTN: General Manager, Multimedia Applications Division -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. + With a copy to: + Freescale Semiconductor, Inc. + 6501 William Cannon West OE62 + Austin, Texas 78735 + ATTN: Law Director, Multimedia Applications Division -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. + You: The address provided at registration will be used. +Either party may change its notice information upon notice to the other party. +8.8 Relationship of the Parties. The parties are independent +contractors. Nothing in this Agreement will be construed to create any +partnership, joint venture, or similar relationship. Neither party is +authorized to bind the other to any obligations with third parties. - ATTACHMENT A: +8.9 Severability. If any provision of this Agreement is held for +any reason to be invalid or unenforceable 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 a +party 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 +parties' intention underlying the invalid or unenforceable provision. + +8.10 Succession and Assignment. This Agreement will be binding upon +and inure to the benefit of the parties and their permitted successors and +assigns. Neither party may assign this Agreement, or any part of this +Agreement, without the prior written approval of the other party, which +approval will not be unreasonably withheld or delayed. + +8.11 Unauthorized Use. The Licensed Software is not intended or +authorized for use in anti-personnel landmines, and you agree that it +will not be used for this purpose. Upon request from Freescale, you will +furnish a written certification that you do not use or permit the use of +the Licensed Software in anti-personnel landmines. The Licensed Software +is not intended or authorized for use in products surgically implanted +into the body, for life support or for other products in which a product +failure could cause personal injury or death. If you permit the uses of +Licensed Software for these unintended or unauthorized uses, you will +fully indemnify, defend, and hold harmless Freescale, its Affiliates, +subsidiaries, officers and directors, employees, and distributors from +all liability related to such use, including attorneys' fees and costs. + +8.12 Export. If, at the time or times of Freescale's +performance hereunder, an export license is required for Freescale to +lawfully export Licensed Software, then the issuance of the appropriate +licenses to Freescale or its subcontractor shall constitute a condition +precedent to Freescale's obligations hereunder. You understand and agree +that you will not by any means or method, export, re-export, resell, ship +or divert or cause to be exported, re-exported, resold, shipped, or +diverted, directly or indirectly, the Licensed Software, or any Freescale +product or technology except as permitted by and in accordance with +the laws and regulations of the United States and, if different than +the United States, the country from which the export or re-export originates. + +8.13 International Sale of Goods. The United Nations Convention +on Contracts for the International Sale of Goods will not apply to this +document. + +8.14 Audit. You will maintain accurate and up-to-date records +pertaining to this Agreement and will grant Freescale or its authorized +agent access to and copies of such records and information as requested +by Freescale that pertain to your obligations under this Agreement. +Such access will be granted upon reasonable advance written notice, +and be conducted during normal business hours with minimal impact to +your business operations, and subject to confidentiality restrictions. +You will maintain such records for a period of at least three (3) years +from the date of termination of this Agreement. You must make prompt +adjustment to compensate for any errors and/or omissions disclosed by +such examination or audit. + + +APPENDIX A +Other License Grants and Rights: + +The Licensed Software may include some or all of the following software +which is not Freescale proprietary software and the rights granted herein +are limited to those rights provided below: + +Open Source Software. +Open source software is not licensed under the terms of this Agreement, +but is instead licensed under the terms of applicable open source +license(s), such as the BSD License, Apache License or the GNU Lesser +General Public License. Your use of the 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. + +Vivante + +If the Licensed Software includes proprietary software developed by +Vivante, your distribution rights are restricted to providing the +Licensed Software in object code (machine readable), and only as part of, +or embedded within, Authorized Systems that include a Vivante Graphics +Processing Unit. + +Atheros + +If the Licensed Software includes proprietary software developed by Atheros, +you must separately obtain rights beyond evaluation and demonstration in +connection with the Atheros software. + +Coding Technologies, acquired by Dolby Laboratories ("CTS") + +If the Licensed Software includes software developed by CTS, you must +separately obtain rights beyond evaluation and demonstration in +connection with the CTS software from Dolby Laboratories. + +Microsoft +If the Licensed Software includes software owned by the Microsoft +Corporation ("Microsoft"), it is subject to the terms of your license +with Microsoft (the "Microsoft Underlying Software") and as such, +Freescale grants no license to you, beyond evaluation and demonstration +in connection with Freescale processors, in the Microsoft Underlying +Software. You must separately obtain rights beyond evaluation and +demonstration in connection with the Microsoft Underlying Software +from Microsoft. + +Microsoft does not provide support services for the +components provide to you through this Agreement. If you have any +questions or require technical assistance, please contact Freescale. +Microsoft Corporation is a third party beneficiary to this Agreement +with the right to enforce the terms of this Agreement. + +TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT AND ITS FFILIATES +DISCLAIM ANY WARRANTIES FOR THE MICROSOFT UNDERLYING SOFTWARE. +TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MICROSOFT NOR +ITS AFFILIATES WILL BE LIABLE, WHETHER IN CONTRACT, TORT, OR +OTHERWISE, FOR ANY DIRECT, 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, ARISING +FROM THE FROM THE USE OF THE MICROSOFT UNDERLYING SOFTWARE. SanDisk Corporation Software -The Board Support Package includes software developed by SanDisk -Corporation ("SanDisk"). You must separately obtain the rights to -reproduce and distribute this software in source code form from -SanDisk. Please follow these easy steps to obtain the license and -software: -1. Contact your local SanDisk sales representative to obtain the -SanDisk License Agreement. -2. Sign the license agreement. Fax the signed agreement to SanDisk -USA marketing department at 408-542-0403. The license will be valid -when fully executed by SanDisk. -3. If you have specific questions, please send an email to -sales@sandisk.com You may only use the SanDisk Corporation Software on + + If the Licensed Software includes software developed +by SanDisk Corporation ("SanDisk"), you must separately obtain +the rights to reproduce and distribute this software in source +code form from SanDisk. Please follow these easy steps to obtain +the license and software: + +1. Contact your local SanDisk sales representative to obtain +the SanDisk License Agreement. + +2. Sign the license agreement. Fax the signed agreement to +SanDisk USA marketing department at 408-542-0403. The license will +be valid when fully executed by SanDisk. + +3. If you have specific questions, please send an email to +sales@sandisk.com + + You may only use the SanDisk Corporation Software on products compatible with a SanDisk Secure Digital Card. You may not use the SanDisk Corporation Software on any memory device product. -SanDisk retains all rights to any modifications or derivative works to -the SanDisk Corporation Software that you may create. +SanDisk retains all rights to any modifications or derivative works +to the SanDisk Corporation Software that you may create. Global Locate -The Board Support Package includes software and hardware developed by -Global Locate, Inc. ("Global Locate") and acquired by Broadcom -Corporation. You must separately obtain rights beyond evaluation and -demonstration in connection with the Board Support Package from -Broadcom Corporation. + +If the Licensed Software includes software and hardware developed by +Global Locate, Inc. ("Global Locate"), and acquired by Broadcom +Corporation, you must separately obtain rights beyond evaluation +and demonstration for the Global Locate software from Broadcom Corporation. CSR -The Board Support Package includes software and hardware developed by -Cambridge Silicon Radio, Inc. ("CSR"). You must separately obtain -rights beyond evaluation and demonstration in connection with the -Board Support Package from CSR. - -CTS -The Board Support Package includes software or technology developed by -Coding Technologies, AB ("CTS"). You only have the right to use the -CTS software in connection with the Freescale System. \ No newline at end of file + +If the Licensed Software includes software and hardware developed +by Cambridge Silicon Radio, Inc. ("CSR"), you must separately obtain +rights beyond evaluation and demonstration for the CSR software from CSR. -- 2.40.1