2019-03-06 19:57:14 +00:00
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LA_OPT_NXP_Software_License v5 January 2019
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IMPORTANT. Read the following NXP Software License Agreement ("Agreement")
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completely. By selecting the "I Accept" button at the end of this page, or by
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downloading, installing, or using the Licensed Software, you indicate that you
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accept the terms of the Agreement and you acknowledge that you have the
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authority, for yourself or on behalf of your company, to bind your company to
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these terms. You may then download or install the file. In the event of a
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conflict between the terms of this Agreement and any license terms and
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conditions for NXP's proprietary software embedded anywhere in the Licensed
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Software file, the terms of this Agreement shall control. If a separate
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license agreement for the Licensed Software has been signed by you and NXP,
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then that agreement shall govern your use of the Licensed Software and shall
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supersede this Agreement.
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2017-05-02 20:45:52 +00:00
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NXP SOFTWARE LICENSE AGREEMENT
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This is a legal agreement between your employer, of which you are an authorized
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representative, or, if you have no employer, you as an individual ("you" or
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"Licensee"), and NXP B.V. ("NXP"). It concerns your rights to use the software
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provided to you in binary or source code form and any accompanying written
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materials (the "Licensed Software"). The Licensed Software may include any
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updates or error corrections or documentation relating to the Licensed Software
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provided to you by NXP under this Agreement. In consideration for NXP allowing
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you to access the Licensed Software, you are agreeing to be bound by the terms
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of this Agreement. If you do not agree to all of the terms of this Agreement,
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do not download or install the Licensed Software. If you change your mind
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later, stop using the Licensed Software and delete all copies of the Licensed
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Software in your possession or control. Any copies of the Licensed Software
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that you have already distributed, where permitted, and do not destroy will
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continue to be governed by this Agreement. Your prior use will also continue to
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be governed by this Agreement.
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1. DEFINITIONS
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1.1. "Affiliate" means, with respect to a party, any corporation or
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other legal entity that now or hereafter Controls, is Controlled by or is under
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common Control with such party; where "Control" means the direct or indirect
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ownership of greater than fifty percent (50%) of the shares or similar
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interests entitled to vote for the election of directors or other persons
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performing similar functions. An entity is considered an Affiliate only so long
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as such Control exists.
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1.2 "Authorized System" means either (i) Licensee's hardware product which
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incorporates an NXP Product or (ii) Licensee's software program which is used
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exclusively in connection with an NXP Product and with which the Licensed
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Software will be integrated.
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1.3. "Derivative Work" means a work based upon one or more pre-existing
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works. A work consisting of editorial revisions, annotations, elaborations, or
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other modifications which, as a whole, represent an original work of
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authorship, is a Derivative Work.
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1.4 "Intellectual Property Rights" means any and all rights under statute,
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common law or equity in and under copyrights, trade secrets, and patents
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(including utility models), and analogous rights throughout the world,
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including any applications for and the right to apply for, any of the foregoing.
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1.5 "NXP Product" means a programmable processing unit (e.g. a
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microprocessor, microcontroller, sensor or digital signal processor) supplied
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directly or indirectly from NXP or an NXP Affiliate.
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1.6 "Software Content Register" means the documentation which may
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accompany the Licensed Software which identifies the contents of the Licensed
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Software, including but not limited to identification of any Third Party
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Software, if any, and may also contain other related information as whether the
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license in 2.3 is applicable.
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1.7 "Third Party Software" means, any software included in the Licensed
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Software that is not NXP proprietary software, and is not open source software,
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and to which different license terms may apply.
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2. LICENSE GRANT.
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2.1. If you are not expressly granted the production use license in
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Section 2.3 in the Software Content Register, then you are only granted the
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rights in Section 2.2 and not in 2.3. If you are expressly granted the
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production use license in Section 2.3 in the Software Content Register, then
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you are granted the rights in both Section 2.2 and 2.3.
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2.2. Internal Use License. Subject to the terms and conditions of this
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Agreement, NXP grants you a worldwide, personal, non-transferable,
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non-exclusive, non-sublicensable license, solely for the development of an
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Authorized System:
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(a) to use and reproduce the Licensed Software (and its Derivative Works
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prepared under the license in Section 2.2(b)); and
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(b) for Licensed Software provided to you in source code form (human
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readable), to prepare Derivative Works of the Licensed Software.
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You may not distribute or sublicense the Licensed Software to others under the
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license granted in this Section 2.2.
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2.3. Production Use License. If expressly authorized in the Software
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Content Register, subject to the terms and conditions of this Agreement, NXP
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grants you a worldwide, personal, non-transferable, non-exclusive,
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non-sublicensable license solely in connection with your manufacturing and
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distribution of an Authorized System:
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(a) to manufacture (or have manufactured), distribute, and market the
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Licensed Software (and its Derivative Works prepared under the license in
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2.2(b)) in object code (machine readable format) only as part of, or embedded
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within, Authorized Systems and not on a standalone basis. Notwithstanding the
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foregoing, those files marked as .h files ("Header files") may be distributed
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in source or object code form, but only as part of, or embedded within
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Authorized Systems; and
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(b) to copy and distribute as needed, solely in connection with an
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Authorized System, non-confidential NXP information provided as part of the
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Licensed Software for the purpose of maintaining and supporting Authorized
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Systems with which the Licensed Software is integrated.
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2.4 Separate license grants to Third Party Software, or other terms
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applicable to the Licensed Software if different from those granted in this
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Section 2, are contained in Appendix A. The Licensed Software may be
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accompanied by a Software Content Register which will identify that portion of
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the Licensed Software, if any, that is subject to the different terms in
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Appendix A.
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2.5. You may use subcontractors on your premises to exercise your
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rights under Section 2.2 and Section 2.3, if any, so long as you have an
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agreement in place with the subcontractor containing confidentiality
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restrictions no less stringent than those contained in this Agreement. You will
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remain liable for your subcontractors' adherence to the terms of this Agreement
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and for any and all acts and omissions of such subcontractors with respect to
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this Agreement and the Licensed Software.
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3. LICENSE LIMITATIONS AND RESTRICTIONS.
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3.1. The licenses granted above in Section 2 only extend to NXP
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Intellectual Property Rights that would be infringed by the unmodified Licensed
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Software prior to your preparation of any Derivative Work.
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3.2. The Licensed Software is licensed to you, not sold. Title to
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Licensed Software delivered hereunder remains vested in NXP or NXP's licensor
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and cannot be assigned or transferred. You are expressly forbidden from selling
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or otherwise distributing the Licensed Software, or any portion thereof, except
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as expressly permitted herein. This Agreement does not grant to you any implied
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rights under any NXP or third party Intellectual Property Rights.
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3.3. You may not translate, reverse engineer, decompile, or disassemble
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the Licensed Software except to the extent applicable law specifically
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prohibits such restriction. You must prohibit your subcontractors or customers
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(if distribution is permitted) from translating, reverse engineering,
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decompiling, or disassembling the Licensed Software except to the extent
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applicable law specifically prohibits such restriction.
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3.4. You must reproduce any and all of NXP's (or its third-party
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licensor's) copyright notices and other proprietary legends on copies of
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Licensed Software.
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3.5. If you distribute the Licensed Software to the United States
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Government, then the Licensed Software is "restricted computer software" and is
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subject to FAR 52.227-19.
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3.6. You grant to NXP a non-exclusive, non-transferable, irrevocable,
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perpetual, worldwide, royalty-free, sub-licensable license under your
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Intellectual Property Rights to use without restriction and for any purpose any
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suggestion, comment or other feedback related to the Licensed Software
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(including, but not limited to, error corrections and bug fixes).
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3.7. You will not take or fail to take any action that could subject
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the Licensed Software to an Excluded License. An Excluded License means any
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license that requires, as a condition of use, modification or distribution of
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software subject to the Excluded License, that such software or other software
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combined and/or distributed with the software be (i) disclosed or distributed
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in source code form; (ii) licensed for the purpose of making Derivative Works;
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or (iii) redistributable at no charge.
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3.8. You may not publish or distribute information, results or data
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associated with the use of the Licensed Software to anyone other than NXP;
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however, you must advise NXP of any results obtained including any problems or
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suggested improvements thereof. NXP retains the right to use such results and
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related information in any manner it deems appropriate
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4. OPEN SOURCE. Open source software included in the Licensed
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Software is not licensed under the terms of this Agreement but is instead
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licensed under the terms of the applicable open source license(s), such as the
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BSD License, Apache License or the GNU Lesser General Public License. Your use
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of the open source software is subject to the terms of each applicable license.
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You must agree to the terms of each applicable license, or you cannot use the
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open source software.
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5. INTELLECTUAL PROPERTY RIGHTS. Your modifications to the Licensed
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Software, and all Intellectual Property Rights associated with, and title
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thereto, will be the property of NXP. Upon request, you must provide NXP the
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source code of any derivative of the Licensed Software. You agree to assign
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all, and hereby do assign all rights, title, and interest to any such
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modifications to the Licensed Software to NXP and agree to provide all
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assistance reasonably requested by NXP to establish, preserve or enforce such
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right. Further, you agree to waive all moral rights relating to your
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modifications to the Licensed Software, including, without limitation, all
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rights of identification of authorship and all rights of approval, restriction,
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or limitation on use or subsequent modification. Notwithstanding the foregoing,
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you will have the license rights granted in Section 2 hereto to any such
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modifications made by you or your subcontractor.
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6. PATENT COVENANT NOT TO SUE. As partial, material consideration for the
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rights granted to you under this Agreement, you covenant not to sue or
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otherwise assert your patents against NXP or an NXP Affiliate, or a NXP
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licensee of the Licensed Software for infringement of your Intellectual
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Property Rights by the manufacture, use, sale, offer for sale, importation or
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other disposition or promotion of the Licensed Software and/or any
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redistributed portions of the Licensed Software.
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7. ESSENTIAL PATENTS. NXP has no obligation to identify or obtain any
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license to any Intellectual Property Right of a third-party that may be
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necessary for use in connection with technology that is incorporated into the
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Authorized System (whether or not as part of the Licensed Software).
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8. TERM AND TERMINATION. This Agreement will remain in effect unless
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terminated as provided in this Section.
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8.1. You may terminate this Agreement immediately upon written notice
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to NXP at the address provided below.
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8.2. Either party may terminate this Agreement if the other party is in
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default of any of the terms and conditions of this Agreement, and termination
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is effective if the defaulting party fails to correct such default within 30
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days after written notice thereof by the non-defaulting party to the defaulting
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party at the address below.
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8.3. Notwithstanding the foregoing, NXP may terminate this Agreement
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immediately upon written notice if you: breach any of your confidentiality
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obligations or the license restrictions under this Agreement; become bankrupt,
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insolvent, or file a petition for bankruptcy or insolvency; make an assignment
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for the benefit of its creditors; enter proceedings for winding up or
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dissolution; are dissolved; or are nationalized or become subject to the
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expropriation of all or substantially all of your business or assets.
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8.4. Upon termination of this Agreement, all licenses granted under
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Section 2 will expire.
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8.5. After termination of this Agreement by either party you will
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destroy all parts of Licensed Software and its Derivative Works (if any) and
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will provide to NXP a statement certifying the same.
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8.6. Notwithstanding the termination of this Agreement for any reason,
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the terms of Sections 1 and 3 through 25 will survive.
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9. SUPPORT. NXP is not obligated to provide any support, upgrades or
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new releases of the Licensed Software under this Agreement. If you wish, you
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may contact NXP and report problems and provide suggestions regarding the
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Licensed Software. NXP has no obligation to respond to such a problem report or
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suggestion. NXP may make changes to the Licensed Software at any time, without
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any obligation to notify or provide updated versions of the Licensed Software
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to you.
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10. NO WARRANTY. To the maximum extent permitted by law, NXP expressly
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disclaims any warranty for the Licensed Software. The Licensed Software is
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provided "AS IS", without warranty of any kind, either express or implied,
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including without limitation the implied warranties of merchantability, fitness
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for a particular purpose, or non-infringement. You assume the entire risk
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arising out of the use or performance of the licensed software, or any systems
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you design using the licensed software (if any).
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11. INDEMNITY. You agree to fully defend and indemnify NXP from all
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claims, liabilities, and costs (including reasonable attorney's fees) related
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to (1) your use (including your subcontractor's or distributee's use, if
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permitted) of the Licensed Software or (2) your violation of the terms and
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conditions of this Agreement.
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12. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A BREACH OF
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SECTION 2 (LICENSE GRANTS), SECTION 3 (LICENSE LIMITATIONS AND RESTRICTIONS),
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SECTION 17 (CONFIDENTIAL INFORMATION), OR CLAIMS UNDER SECTION 11(INDEMNITY),
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IN NO EVENT WILL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, TORT, OR
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OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE
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DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF
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TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, TO
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THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. NXP'S TOTAL LIABILITY FOR ALL
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COSTS, DAMAGES, CLAIMS, OR LOSSES WHATSOEVER ARISING OUT OF OR IN CONNECTION
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WITH THIS AGREEMENT OR PRODUCT(S) SUPPLIED UNDER THIS AGREEMENT IS LIMITED TO
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THE AGGREGATE AMOUNT PAID BY YOU TO NXP IN CONNECTION WITH THE LICENSED
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SOFTWARE PROVIDED UNDER THIS AGREEMENT TO WHICH LOSSES OR DAMAGES ARE CLAIMED.
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13. EXPORT COMPLIANCE. Each party shall comply with all applicable
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export and import control laws and regulations including but not limited to the
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US Export Administration Regulation (including prohibited party lists issued by
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other federal governments), Catch-all regulations and all national and
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international embargoes. Each party further agrees that it will not knowingly
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transfer, divert, export or re-export, directly or indirectly, any product,
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software, including software source code, or technology restricted by such
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regulations or by other applicable national regulations, received from the
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other party under this Agreement, or any direct product of such software or
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technical data to any person, firm, entity, country or destination to which
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such transfer, diversion, export or re-export is restricted or prohibited,
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without obtaining prior written authorization from the applicable competent
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government authorities to the extent required by those laws.
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14. GOVERNMENT CONTRACT COMPLIANCE
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14.1. If you sell Authorized Systems directly to any government or public
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|
entity, including U.S., state, local, foreign or international governments or
|
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|
|
|
public entities, or indirectly via a prime contractor or subcontractor of such
|
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|
|
governments or entities, NXP makes no representations, certifications, or
|
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|
|
|
warranties whatsoever about compliance with government or public entity
|
|
|
|
|
acquisition statutes or regulations, including, without limitation, statutes or
|
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|
|
|
regulations that may relate to pricing, quality, origin or content.
|
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|
14.2. The Licensed Software has been developed at private expense and is a
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|
|
"Commercial Item" as defined in 48 C.F.R. Section 2.101, consisting of
|
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|
|
|
"Commercial Computer Software", and/or "Commercial Computer Software
|
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|
|
|
Documentation," as such terms are used in 48 C.F.R. Section 12.212 (or 48
|
|
|
|
|
C.F.R. Section 227.7202, as applicable) and may only be licensed to or shared
|
|
|
|
|
with U.S. Government end users in object code form as part of, or embedded
|
|
|
|
|
within, Authorized Systems. Any agreement pursuant to which you share the
|
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|
|
Licensed Software will include a provision that reiterates the limitations of
|
|
|
|
|
this document and requires all sub-agreements to similarly contain such
|
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|
|
limitations.
|
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|
15. CRITICAL APPLICATIONS
|
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|
15.1. You make the ultimate design decisions regarding your products and
|
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|
|
are solely responsible for compliance with all legal, regulatory, safety, and
|
|
|
|
|
security related requirements concerning your products, regardless of any
|
|
|
|
|
information or support that may be provided by NXP. The Licensed Software is
|
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|
|
|
not designed for use in connection with products, applications, or systems
|
|
|
|
|
where a failure could cause personal injury or death. If Licensee's, or
|
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|
|
Licensee's contractors or distributees, permit use of the Licensed Software for
|
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|
|
|
such products, applications, or systems, Licensee agrees to indemnify NXP and
|
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|
|
its officers and employees from all liability, including attorneys' fees and
|
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|
|
|
costs.
|
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|
|
16. CHOICE OF LAW; VENUE. This Agreement will be governed by,
|
2017-05-02 20:45:52 +00:00
|
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|
|
construed, and enforced in accordance with the laws of The Netherlands, without
|
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|
|
|
regard to conflicts of laws principles, will apply to all matters relating to
|
|
|
|
|
this Agreement or the Licensed Software, and you agree that any litigation will
|
|
|
|
|
be subject to the exclusive jurisdiction of the courts of Amsterdam, The
|
2019-03-06 19:57:14 +00:00
|
|
|
|
Netherlands. The United Nations Convention on Contracts for the International
|
2017-05-02 20:45:52 +00:00
|
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|
|
Sale of Goods will not apply to this document.
|
2019-03-06 19:57:14 +00:00
|
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|
|
17. CONFIDENTIAL INFORMATION. Subject to the license grants and
|
2016-08-17 19:24:50 +00:00
|
|
|
|
restrictions contained herein, you must treat the Licensed Software as
|
|
|
|
|
confidential information and you agree to retain the Licensed Software in
|
2019-03-06 19:57:14 +00:00
|
|
|
|
confidence perpetually. You may not disclose any part of the Licensed Software
|
|
|
|
|
to anyone other than distributees in accordance with Section 2.3 and employees,
|
|
|
|
|
or subcontractors in accordance with Section 2.5, who have a need to know of
|
|
|
|
|
the Licensed Software and who have executed written agreements obligating them
|
|
|
|
|
to protect such Licensed Software to at least the same degree of
|
|
|
|
|
confidentiality as in this Agreement. You agree to use the same degree of care,
|
|
|
|
|
but no less than a reasonable degree of care, with the Licensed Software as you
|
|
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|
|
do with your own confidential information. You may disclose Licensed Software
|
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|
|
|
to the extent required by a court or under operation of law or order provided
|
|
|
|
|
that you notify NXP of such requirement prior to disclosure, which you only
|
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|
|
disclose the minimum of the required information, and that you allow NXP the
|
|
|
|
|
opportunity to object to such court or other legal body requiring such
|
2017-05-02 20:45:52 +00:00
|
|
|
|
disclosure.
|
2019-03-06 19:57:14 +00:00
|
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|
18. TRADEMARKS. You are not authorized to use any NXP trademarks, brand
|
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|
|
names, or logos.
|
|
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|
|
19 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
|
|
|
|
|
between you and NXP regarding the subject matter of this Agreement, and
|
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|
|
supersedes all prior communications, negotiations, understandings, agreements
|
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|
|
|
or representations, either written or oral, if any. This Agreement may only be
|
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|
|
|
amended in written form, signed by you and NXP.
|
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|
|
20. SEVERABILITY. If any provision of this Agreement is held for any
|
2018-04-19 20:10:02 +00:00
|
|
|
|
reason to be invalid or unenforceable, then the remaining provisions of this
|
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|
|
|
Agreement will be unimpaired and, unless a modification or replacement of the
|
|
|
|
|
invalid or unenforceable provision is further held to deprive you or NXP of a
|
|
|
|
|
material benefit, in which case the Agreement will immediately terminate, the
|
2016-08-17 19:24:50 +00:00
|
|
|
|
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.
|
2019-03-06 19:57:14 +00:00
|
|
|
|
21. NO WAIVER. The waiver by NXP of any breach of any provision of this
|
|
|
|
|
Agreement will not operate or be construed as a waiver of any other or a
|
2018-04-19 20:10:02 +00:00
|
|
|
|
subsequent breach of the same or a different provision.
|
2019-03-06 19:57:14 +00:00
|
|
|
|
22. AUDIT. You will keep full, clear and accurate records with respect
|
|
|
|
|
to your compliance with the limited license rights granted under this Agreement
|
|
|
|
|
for three years following expiration or termination of this Agreement. NXP will
|
|
|
|
|
have the right, either itself or through an independent certified public
|
|
|
|
|
accountant to examine and audit, at NXP's expense, not more than once a year,
|
|
|
|
|
and during normal business hours, all such records that may bear upon your
|
|
|
|
|
compliance with the limited license rights granted above. You must make prompt
|
|
|
|
|
adjustment to compensate for any errors and/or omissions disclosed by such
|
|
|
|
|
examination or audit.
|
|
|
|
|
23. NOTICES. All notices and communications under this
|
2017-05-02 20:45:52 +00:00
|
|
|
|
Agreement will be made in writing, and will be effective when received at the
|
|
|
|
|
following addresses:
|
2019-03-06 19:57:14 +00:00
|
|
|
|
NXP: NXP B.V.
|
|
|
|
|
High Tech Campus 60
|
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|
|
|
5656 AG Eindhoven
|
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|
|
|
The Netherlands
|
|
|
|
|
ATTN: Legal Department
|
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|
|
|
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|
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|
|
You: The address provided at registration will be used.
|
|
|
|
|
24. 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
|
2016-08-17 19:24:50 +00:00
|
|
|
|
authorized to bind the other to any obligations with third parties.
|
2019-03-06 19:57:14 +00:00
|
|
|
|
25. SUCCESSION AND ASSIGNMENT. This Agreement will be binding upon and
|
|
|
|
|
inure to the benefit of the parties and their permitted successors and assigns.
|
|
|
|
|
You may not assign this Agreement, or any part of this Agreement, without the
|
|
|
|
|
prior written approval of NXP, which approval will not be unreasonably withheld
|
|
|
|
|
or delayed. NXP may assign this Agreement, or any part of this Agreement, in
|
|
|
|
|
its sole discretion.
|
2016-08-17 19:24:50 +00:00
|
|
|
|
|
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|
|
|
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|
|
|
2019-03-06 19:57:14 +00:00
|
|
|
|
|
2016-08-17 19:24:50 +00:00
|
|
|
|
APPENDIX A
|
|
|
|
|
Other License Grants and Restrictions:
|
|
|
|
|
|
|
|
|
|
The Licensed Software may include some or all of the following software, which
|
2019-03-06 19:57:14 +00:00
|
|
|
|
is either 1) Third Party Software or 2) NXP proprietary software subject to
|
|
|
|
|
different terms than those in the Agreement. If the Software Content Register
|
|
|
|
|
that accompanies the Licensed Software identifies any of the following Third
|
|
|
|
|
Party Software or specific components of the NXP proprietary software, the
|
|
|
|
|
following terms apply to the extent they deviate from the terms in the
|
|
|
|
|
Agreement:
|
|
|
|
|
|
|
|
|
|
Amazon: Use of the Amazon software constitutes your acceptance of the terms of
|
|
|
|
|
the Amazon Program Materials License Agreement (including the AVS Component
|
|
|
|
|
Schedule, if applicable), located at
|
|
|
|
|
https://developer.amazon.com/support/legal/pml. All Amazon software is hereby
|
|
|
|
|
designated "Amazon confidential". Amazon is a third-party beneficiary to this
|
|
|
|
|
Agreement with respect to the Amazon software.
|
|
|
|
|
|
|
|
|
|
Amphion Semiconductor Ltd.: Distribution of Amphion software must be a part of,
|
|
|
|
|
or embedded within, Authorized Systems that include an Amphion Video Decoder.
|
|
|
|
|
|
|
|
|
|
Atheros: Use of Atheros software is limited to evaluation and demonstration
|
|
|
|
|
only. Permitted distributions must be similarly limited. Further rights must
|
|
|
|
|
be obtained directly from Atheros.
|
|
|
|
|
|
|
|
|
|
ATI (AMD): Distribution of ATI software must be a part of, or embedded within,
|
|
|
|
|
Authorized Systems that include a ATI graphics processor core.
|
|
|
|
|
|
|
|
|
|
Broadcom Corporation: Your use of Broadcom Corporation software is restricted
|
|
|
|
|
to Authorized Systems that incorporate a compatible integrated circuit device
|
|
|
|
|
manufactured or sold by Broadcom.
|
|
|
|
|
|
|
|
|
|
Cadence Design Systems: Use of Cadence audio codec software is limited to
|
|
|
|
|
distribution only of one copy per single NXP Product. The license granted
|
|
|
|
|
herein to the Cadence Design Systems HiFi aacPlus Audio Decoder software does
|
|
|
|
|
not include a license to the AAC family of technologies which you or your
|
|
|
|
|
customer may need to obtain. Configuration tool outputs may only be distributed
|
|
|
|
|
by licensees of the relevant Cadence SDK and distribution is limited to
|
|
|
|
|
distribution of one copy embedded in a single NXP Product.
|
|
|
|
|
|
|
|
|
|
Cirque Corporation: Use of Cirque Corporation technology is limited to
|
|
|
|
|
evaluation, demonstration, or certification testing only. Permitted
|
|
|
|
|
distributions must be similarly limited. Further rights, including but not
|
|
|
|
|
limited to ANY commercial distribution rights, must be obtained directly from
|
|
|
|
|
Cirque Corporation.
|
|
|
|
|
Coding Technologies (Dolby Labs): Use of CTS software is limited to evaluation
|
2016-08-17 19:24:50 +00:00
|
|
|
|
and demonstration only. Permitted distributions must be similarly limited.
|
2019-03-06 19:57:14 +00:00
|
|
|
|
Further rights must be obtained from Dolby Laboratories.
|
|
|
|
|
|
|
|
|
|
CSR: Use of Cambridge Silicon Radio, Inc. ("CSR") software is limited to
|
|
|
|
|
evaluation and demonstration only. Permitted distributions must be similarly
|
|
|
|
|
limited. Further rights must be obtained directly from CSR.
|
|
|
|
|
|
|
|
|
|
Cypress Semiconductor Corporation: WWD RTOS source code may only be used in
|
|
|
|
|
accordance with the Cypress IOT Community License Agreement located at
|
|
|
|
|
https://community.cypress.com/terms-and-conditions!input.jspa?displayOnly=true.
|
|
|
|
|
|
|
|
|
|
Future Technology Devices International Ltd.: Future Technology Devices
|
|
|
|
|
International software must be used consistent with the terms found here:
|
|
|
|
|
http://www.ftdichip.com/Drivers/FTDriverLicenceTerms.htm
|
|
|
|
|
|
|
|
|
|
Global Locate (Broadcom Corporation): Use of Global Locate, Inc. software is
|
|
|
|
|
limited to evaluation and demonstration only. Permitted distributions must be
|
|
|
|
|
similarly limited. Further rights must be obtained from Global Locate.
|
|
|
|
|
|
|
|
|
|
Microsoft: Except for Microsoft PlayReady software, if the Licensed Software
|
|
|
|
|
includes software owned by Microsoft Corporation ("Microsoft"), it is subject
|
|
|
|
|
to the terms of your license with Microsoft (the "Microsoft Underlying Licensed
|
|
|
|
|
Software") and as such, NXP grants no license to you, beyond evaluation and
|
|
|
|
|
demonstration in connection with NXP processors, in the Microsoft Underlying
|
|
|
|
|
Licensed Software. You must separately obtain rights beyond evaluation and
|
|
|
|
|
demonstration in connection with the Microsoft Underlying Licensed Software
|
|
|
|
|
from Microsoft. Microsoft does not provide support services for the components
|
|
|
|
|
provided to you through this Agreement. If you have any questions or require
|
|
|
|
|
technical assistance, please contact NXP. Microsoft Corporation is a third
|
|
|
|
|
party beneficiary to this Agreement with the right to enforce the terms of this
|
2016-08-17 19:24:50 +00:00
|
|
|
|
Agreement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT AND ITS
|
2019-03-06 19:57:14 +00:00
|
|
|
|
AFFILIATES DISCLAIM ANY WARRANTIES FOR THE MICROSOFT UNDERLYING LICENSED
|
|
|
|
|
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 LICENSED SOFTWARE. With
|
|
|
|
|
respect to the Microsoft PlayReady software, you will have the license rights
|
|
|
|
|
granted in Section 2, provided that you may not use the Microsoft PlayReady
|
|
|
|
|
software unless you have entered into a Microsoft PlayReady Master Agreement
|
|
|
|
|
and license directly with Microsoft.
|
|
|
|
|
|
|
|
|
|
MindTree: Notwithstanding the terms contained in Section 2.3 (a), if the
|
|
|
|
|
Licensed Software includes proprietary software of MindTree in source code
|
|
|
|
|
format, Licensee may make modifications and create derivative works only to the
|
|
|
|
|
extent necessary for debugging of the Licensed Software.
|
|
|
|
|
|
|
|
|
|
MM SOLUTIONS EAD: Use of MM SOLUTIONS 2A (Auto Exposure and Auto White
|
|
|
|
|
Balance) software is limited to evaluation and demonstration only. Permitted
|
|
|
|
|
distributions must be similarly limited. Further rights must be obtained
|
|
|
|
|
directly from MM SOLUTIONS.
|
|
|
|
|
|
|
|
|
|
MPEG LA: Use of MPEG LA audio or video codec technology is limited to
|
|
|
|
|
evaluation and demonstration only. Permitted distributions must be similarly
|
|
|
|
|
limited. Further rights must be obtained directly from MPEG LA.
|
|
|
|
|
|
|
|
|
|
MQX RTOS Code: MQX RTOS source code may not be re-distributed by any NXP
|
|
|
|
|
Licensee under any circumstance, even by a signed written amendment to this
|
|
|
|
|
Agreement.
|
|
|
|
|
|
|
|
|
|
NXP Wireless Charging Library: License to the Software is limited to use in
|
|
|
|
|
inductive coupling or wireless charging applications
|
|
|
|
|
|
|
|
|
|
Opus: Use of Opus software must be consistent with the terms of the Opus
|
|
|
|
|
license which can be found at: http://www.opus-codec.org/license/
|
|
|
|
|
|
|
|
|
|
Oracle JRE (Java): The Oracle JRE must be used consistent with terms found
|
|
|
|
|
here: http://java.com/license
|
|
|
|
|
|
|
|
|
|
P&E Micro: P&E Software must be used consistent with the terms found here:
|
|
|
|
|
http://www.pemicro.com/licenses/gdbserver/license_gdb.pdf
|
|
|
|
|
|
|
|
|
|
Pro Design Electronic: Licensee may not modify, create derivative works based
|
|
|
|
|
on, or copy the Pro Design software, documentation, hardware execution key or
|
|
|
|
|
the accompanying materials. Licensee shall not use Pro Design's or any of its
|
|
|
|
|
licensors names, logos or trademarks to market the Authorized System. Only NXP
|
|
|
|
|
customers and distributors are permitted to further redistribute the Pro Design
|
|
|
|
|
software and only as part of an Authorized System which contains the Pro Design
|
|
|
|
|
software.
|
|
|
|
|
|
|
|
|
|
Qualcomm Atheros, Inc.: Notwithstanding anything in this Agreement, Qualcomm
|
|
|
|
|
Atheros, Inc. Wi-Fi software must be used strictly in accordance with the
|
|
|
|
|
Qualcomm Atheros, Inc. Technology License Agreement that accompanies such
|
|
|
|
|
software. Any other use is expressly prohibited.
|
|
|
|
|
|
|
|
|
|
Real Networks - GStreamer Optimized Real Format Client Code implementation or
|
|
|
|
|
OpenMax Optimized Real Format Client Code: Use of the GStreamer Optimized Real
|
|
|
|
|
Format Client Code, or OpenMax Optimized Real Format Client code is restricted
|
|
|
|
|
to applications in the automotive market. Licensee must be a final
|
|
|
|
|
manufacturer in good standing with a current license with Real Networks for the
|
|
|
|
|
commercial use and distribution of products containing the GStreamer Optimized
|
|
|
|
|
Real Format Client Code implementation or OpenMax Optimized Real Format Client
|
|
|
|
|
Code
|
|
|
|
|
|
|
|
|
|
Real Time Engineers Ltd.: Any FreeRTOS source code, whether modified or in its
|
|
|
|
|
original release form, or whether in whole or in part, can only be distributed
|
|
|
|
|
by you under the terms of version 2 of the GNU General Public License plus this
|
|
|
|
|
exception. An independent module is a module which is not derived from or
|
|
|
|
|
based on FreeRTOS.
|
2017-05-02 20:45:52 +00:00
|
|
|
|
Clause 1: Linking FreeRTOS with other modules is making a combined work based
|
|
|
|
|
on FreeRTOS. Thus, the terms and conditions of the GNU General Public License
|
|
|
|
|
V2 cover the whole combination.
|
|
|
|
|
As a special exception, the copyright holders of FreeRTOS give you permission
|
|
|
|
|
to link FreeRTOS with independent modules to produce a statically linked
|
|
|
|
|
executable, regardless of the license terms of these independent modules, and
|
|
|
|
|
to copy and distribute the resulting executable under terms of your choice,
|
|
|
|
|
provided that you also meet, for each linked independent module, the terms and
|
|
|
|
|
conditions of the license of that module. An independent module is a module
|
|
|
|
|
which is not derived from or based on FreeRTOS.
|
|
|
|
|
Clause 2: FreeRTOS may not be used for any competitive or comparative purpose,
|
|
|
|
|
including the publication of any form of run time or compile time metric,
|
|
|
|
|
without the express permission of Real Time Engineers Ltd. (this is the norm
|
|
|
|
|
within the industry and is intended to ensure information accuracy).
|
2016-08-17 19:24:50 +00:00
|
|
|
|
|
2019-03-06 19:57:14 +00:00
|
|
|
|
RivieraWaves SAS (a member of the CEVA, Inc. family of companies): You may not
|
|
|
|
|
use the RivieraWaves intellectual property licensed under this Agreement if you
|
|
|
|
|
develop, market, and/or license products similar to such RivieraWaves
|
|
|
|
|
intellectual property. Such use constitutes a breach of this Agreement. Any
|
|
|
|
|
such use rights must be obtained directly from RivieraWaves.
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SanDisk Corporation: If the Licensed Software includes software developed by
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SanDisk Corporation ("SanDisk"), you must separately obtain the rights to
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reproduce and distribute this software in source code form from SanDisk.
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Please follow these easy steps to obtain the license and software:
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(1) Contact your local SanDisk sales representative to obtain the SanDisk
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2016-08-17 19:24:50 +00:00
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License Agreement.
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2019-03-06 19:57:14 +00:00
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(2) Sign the license agreement. Fax the signed agreement to SanDisk USA
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2016-08-17 19:24:50 +00:00
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marketing department at 408-542-0403. The license will be valid when fully
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executed by SanDisk.
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2019-03-06 19:57:14 +00:00
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(3) If you have specific questions, please send an email to sales@sandisk.com
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2016-08-17 19:24:50 +00:00
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You may only use the SanDisk Corporation Licensed Software on products
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compatible with a SanDisk Secure Digital Card. You may not use the SanDisk
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Corporation Licensed Software on any memory device product. SanDisk retains
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all rights to any modifications or derivative works to the SanDisk Corporation
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Licensed Software that you may create.
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2019-03-06 19:57:14 +00:00
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SEGGER Microcontroller - emWin Software: Your use of SEGGER emWin software is
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restricted to NXP ARM7, ARM9, Cortex-M0, Cortex-M3, and Cortex-M4 based devices
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only.
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2016-08-17 19:24:50 +00:00
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2019-03-06 19:57:14 +00:00
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SEGGER Microcontroller - J-Link/J-Trace Software: Segger software must be used
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consistent with the terms found here: http://www.segger.com/jlink-software.html
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2017-05-02 20:45:52 +00:00
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2019-03-06 19:57:14 +00:00
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Synopsys/Target Compiler Technologies: Your use of the Synopsys/Target Compiler
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Technologies Licensed Software and related documentation is subject to the
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following:
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(1) Duration of the license for the Licensed Software is limited to 12 months,
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unless otherwise specified in the license file.
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(2) The Licensed Software is usable by one user at a time on a single
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2016-08-17 19:24:50 +00:00
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designated computer, unless otherwise agreed by Synopsys.
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2019-03-06 19:57:14 +00:00
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(3) Licensed Software and documentation are to be used only on a designated
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2016-08-17 19:24:50 +00:00
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computer at the designated physical address provided by you on the APEX license
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form.
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2019-03-06 19:57:14 +00:00
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(4) The Licensed Software is not sub-licensable.
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Texas Instruments: Your use of Texas Instruments Inc. WiLink8 Licensed Software
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is restricted to NXP SoC based systems that include a compatible connectivity
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device manufactured by TI.
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2016-08-17 19:24:50 +00:00
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2019-03-06 19:57:14 +00:00
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Vivante: Distribution of Vivante software must be a part of, or embedded
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within, Authorized Systems that include a Vivante Graphics Processing Unit.
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2016-08-17 19:24:50 +00:00
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