From 0670ae9f52454b79b485add0e7f24758dac0c566 Mon Sep 17 00:00:00 2001 From: Lauren Post Date: Tue, 1 Jun 2021 09:50:34 -0500 Subject: [PATCH] EULA.txt: move to top level so it aligns to all firmware distributions Signed-off-by: Lauren Post --- nxp/EULA.txt => EULA.txt | 0 brcm/EULA.txt | 555 --------------------------------------- cyw-wifi-bt/EULA.txt | 555 --------------------------------------- 3 files changed, 1110 deletions(-) rename nxp/EULA.txt => EULA.txt (100%) delete mode 100644 brcm/EULA.txt delete mode 100644 cyw-wifi-bt/EULA.txt diff --git a/nxp/EULA.txt b/EULA.txt similarity index 100% rename from nxp/EULA.txt rename to EULA.txt diff --git a/brcm/EULA.txt b/brcm/EULA.txt deleted file mode 100644 index 3d98500..0000000 --- a/brcm/EULA.txt +++ /dev/null @@ -1,555 +0,0 @@ -LA_OPT_NXP_Software_License v5 January 2019 -IMPORTANT. Read the following NXP Software License Agreement ("Agreement") -completely. By selecting the "I Accept" button at the end of this page, or by -downloading, installing, or using the Licensed Software, you indicate that you -accept the terms of the Agreement and you acknowledge that you have the -authority, for yourself or on behalf of your company, to bind your company to -these terms. You may then download or install the file. In the event of a -conflict between the terms of this Agreement and any license terms and -conditions for NXP's proprietary software embedded anywhere in the Licensed -Software file, the terms of this Agreement shall control. If a separate -license agreement for the Licensed Software has been signed by you and NXP, -then that agreement shall govern your use of the Licensed Software and shall -supersede this Agreement. - -NXP SOFTWARE LICENSE AGREEMENT -This is a legal agreement between your employer, of which you are an authorized -representative, or, if you have no employer, you as an individual ("you" or -"Licensee"), and NXP B.V. ("NXP"). It concerns your rights to use the software -provided to you in binary or source code form and any accompanying written -materials (the "Licensed Software"). The Licensed Software may include any -updates or error corrections or documentation relating to the Licensed Software -provided to you by NXP under this Agreement. In consideration for NXP 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 or install the Licensed Software. If you change your mind -later, stop using the Licensed Software 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 do not destroy will -continue to be governed by this Agreement. Your prior use will also continue to -be governed by this Agreement. -1. DEFINITIONS -1.1. "Affiliate" means, with respect to a party, any corporation or -other legal entity that now or hereafter Controls, is Controlled by or is under -common Control with such party; where "Control" means the direct or indirect -ownership of greater than fifty percent (50%) of the shares or similar -interests entitled to vote for the election of directors or other persons -performing similar functions. An entity is considered an Affiliate only so long -as such Control exists. -1.2 "Authorized System" means either (i) Licensee's hardware product which -incorporates an NXP Product or (ii) Licensee's software program which is used -exclusively in connection with an NXP Product and with which the Licensed -Software will be integrated. -1.3. "Derivative Work" means a work based upon one or more pre-existing -works. A work consisting of editorial revisions, annotations, elaborations, or -other modifications which, as a whole, represent an original work of -authorship, is a Derivative Work. -1.4 "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. -1.5 "NXP Product" means a programmable processing unit (e.g. a -microprocessor, microcontroller, sensor or digital signal processor) supplied -directly or indirectly from NXP or an NXP Affiliate. -1.6 "Software Content Register" means the documentation which may -accompany the Licensed Software which identifies the contents of the Licensed -Software, including but not limited to identification of any Third Party -Software, if any, and may also contain other related information as whether the -license in 2.3 is applicable. -1.7 "Third Party Software" means, any software included in the Licensed -Software that is not NXP proprietary software, and is not open source software, -and to which different license terms may apply. -2. LICENSE GRANT. -2.1. If you are not expressly granted the production use license in -Section 2.3 in the Software Content Register, then you are only granted the -rights in Section 2.2 and not in 2.3. If you are expressly granted the -production use license in Section 2.3 in the Software Content Register, then -you are granted the rights in both Section 2.2 and 2.3. -2.2. Internal Use License. Subject to the terms and conditions of this -Agreement, NXP grants you a worldwide, personal, non-transferable, -non-exclusive, non-sublicensable license, solely for the development of an -Authorized System: -(a) to use and reproduce the Licensed Software (and its Derivative Works -prepared under the license in Section 2.2(b)); and -(b) for Licensed Software provided to you in source code form (human -readable), to prepare Derivative Works of the Licensed Software. -You may not distribute or sublicense the Licensed Software to others under the -license granted in this Section 2.2. -2.3. Production Use License. If expressly authorized in the Software -Content Register, subject to the terms and conditions of this Agreement, NXP -grants you a worldwide, personal, non-transferable, non-exclusive, -non-sublicensable license solely in connection with your manufacturing and -distribution of an Authorized System: -(a) to manufacture (or have manufactured), distribute, and market the -Licensed Software (and its Derivative Works prepared under the license in -2.2(b)) in object code (machine readable format) only as part of, or embedded -within, Authorized Systems and not on a standalone 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; and -(b) to copy and distribute as needed, solely in connection with an -Authorized System, non-confidential NXP information provided as part of the -Licensed Software for the purpose of maintaining and supporting Authorized -Systems with which the Licensed Software is integrated. -2.4 Separate license grants to Third Party Software, or other terms -applicable to the Licensed Software if different from those granted in this -Section 2, are contained in Appendix A. The Licensed Software may be -accompanied by a Software Content Register which will identify that portion of -the Licensed Software, if any, that is subject to the different terms in -Appendix A. -2.5. You may use subcontractors on your premises to exercise your -rights under Section 2.2 and Section 2.3, if any, 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. -3. LICENSE LIMITATIONS AND RESTRICTIONS. -3.1. The licenses granted above in Section 2 only extend to NXP -Intellectual Property Rights that would be infringed by the unmodified Licensed -Software prior to your preparation of any Derivative Work. -3.2. The Licensed Software is licensed to you, not sold. Title to -Licensed Software delivered hereunder remains vested in NXP or NXP'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 NXP or third party Intellectual Property Rights. -3.3. 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 subcontractors or customers -(if distribution is permitted) from translating, reverse engineering, -decompiling, or disassembling the Licensed Software except to the extent -applicable law specifically prohibits such restriction. -3.4. You must reproduce any and all of NXP's (or its third-party -licensor's) copyright notices and other proprietary legends on copies of -Licensed Software. -3.5. 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. -3.6. You grant to NXP 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). -3.7. 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 or distribution of -software subject to the Excluded License, that such software or other software -combined and/or distributed with the software be (i) disclosed or distributed -in source code form; (ii) licensed for the purpose of making Derivative Works; -or (iii) redistributable at no charge. -3.8. You may not publish or distribute information, results or data -associated with the use of the Licensed Software to anyone other than NXP; -however, you must advise NXP of any results obtained including any problems or -suggested improvements thereof. NXP retains the right to use such results and -related information in any manner it deems appropriate -4. OPEN SOURCE. Open source software included in the Licensed -Software is not licensed under the terms of this Agreement but is instead -licensed under the terms of the 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 applicable license, or you cannot use the -open source software. -5. INTELLECTUAL PROPERTY RIGHTS. Your modifications to the Licensed -Software, and all Intellectual Property Rights associated with, and title -thereto, will be the property of NXP. Upon request, you must provide NXP the -source code of any derivative of the Licensed Software. You agree to assign -all, and hereby do assign all rights, title, and interest to any such -modifications to the Licensed Software to NXP and agree to provide all -assistance reasonably requested by NXP to establish, preserve or enforce such -right. Further, you agree to waive all moral rights relating to your -modifications to the Licensed Software, including, without limitation, all -rights of identification of authorship 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 subcontractor. -6. PATENT COVENANT NOT TO SUE. As partial, material consideration for the -rights granted to you under this Agreement, you covenant not to sue or -otherwise assert your patents against NXP or an NXP Affiliate, or a NXP -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 of the Licensed Software. -7. ESSENTIAL PATENTS. NXP has no obligation to identify or obtain any -license to any Intellectual Property Right of a third-party that may be -necessary for use in connection with technology that is incorporated into the -Authorized System (whether or not as part of the Licensed Software). -8. TERM AND TERMINATION. This Agreement will remain in effect unless -terminated as provided in this Section. -8.1. You may terminate this Agreement immediately upon written notice -to NXP at the address provided below. -8.2. 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. -8.3. Notwithstanding the foregoing, NXP may terminate this Agreement -immediately upon written notice if you: breach any of your confidentiality -obligations or the license restrictions under this Agreement; become bankrupt, -insolvent, or file a petition for bankruptcy or insolvency; make an assignment -for the benefit of its creditors; enter proceedings for winding up or -dissolution; are dissolved; or are nationalized or become subject to the -expropriation of all or substantially all of your business or assets. -8.4. Upon termination of this Agreement, all licenses granted under -Section 2 will expire. -8.5. After termination of this Agreement by either party you will -destroy all parts of Licensed Software and its Derivative Works (if any) and -will provide to NXP a statement certifying the same. -8.6. Notwithstanding the termination of this Agreement for any reason, -the terms of Sections 1 and 3 through 25 will survive. -9. SUPPORT. NXP is not obligated to provide any support, upgrades or -new releases of the Licensed Software under this Agreement. If you wish, you -may contact NXP and report problems and provide suggestions regarding the -Licensed Software. NXP has no obligation to respond to such a problem report or -suggestion. NXP may make changes to the Licensed Software at any time, without -any obligation to notify or provide updated versions of the Licensed Software -to you. -10. NO WARRANTY. To the maximum extent permitted by law, NXP expressly -disclaims any warranty for the Licensed Software. The Licensed 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 licensed software, or any systems -you design using the licensed software (if any). -11. INDEMNITY. You agree to fully defend and indemnify NXP from all -claims, liabilities, and costs (including reasonable attorney's fees) related -to (1) your use (including your subcontractor's or distributee's use, if -permitted) of the Licensed Software or (2) your violation of the terms and -conditions of this Agreement. -12. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A BREACH OF -SECTION 2 (LICENSE GRANTS), SECTION 3 (LICENSE LIMITATIONS AND RESTRICTIONS), -SECTION 17 (CONFIDENTIAL INFORMATION), OR CLAIMS UNDER SECTION 11(INDEMNITY), -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 EXTENT SUCH MAY BE DISCLAIMED BY LAW. NXP'S TOTAL LIABILITY FOR 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 NXP IN CONNECTION WITH THE LICENSED -SOFTWARE PROVIDED UNDER THIS AGREEMENT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. -13. EXPORT COMPLIANCE. Each party shall comply with all applicable -export and import control laws and regulations including but not limited to the -US Export Administration Regulation (including prohibited party lists issued by -other federal governments), Catch-all regulations and all national and -international embargoes. Each party further agrees that it will not knowingly -transfer, divert, export or re-export, directly or indirectly, any product, -software, including software source code, or technology restricted by such -regulations or by other applicable national regulations, received from the -other party under this Agreement, or any direct product of such software or -technical data to any person, firm, entity, country or destination to which -such transfer, diversion, export or re-export is restricted or prohibited, -without obtaining prior written authorization from the applicable competent -government authorities to the extent required by those laws. -14. GOVERNMENT CONTRACT COMPLIANCE -14.1. If you sell Authorized Systems directly to any government or public -entity, including U.S., state, local, foreign or international governments or -public entities, or indirectly via a prime contractor or subcontractor of such -governments or entities, NXP makes no representations, certifications, or -warranties whatsoever about compliance with government or public entity -acquisition statutes or regulations, including, without limitation, statutes or -regulations that may relate to pricing, quality, origin or content. -14.2. The Licensed Software has been developed at private expense and is a -"Commercial Item" as defined in 48 C.F.R. Section 2.101, consisting of -"Commercial Computer Software", and/or "Commercial Computer Software -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 -Licensed Software will include a provision that reiterates the limitations of -this document and requires all sub-agreements to similarly contain such -limitations. -15. CRITICAL APPLICATIONS -15.1. You make the ultimate design decisions regarding your products and -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 -not designed for use in connection with products, applications, or systems -where a failure could cause personal injury or death. If Licensee's, or -Licensee's contractors or distributees, permit use of the Licensed Software for -such products, applications, or systems, Licensee agrees to indemnify NXP and -its officers and employees from all liability, including attorneys' fees and -costs. -16. CHOICE OF LAW; VENUE. This Agreement will be governed by, -construed, and enforced in accordance with the laws of The Netherlands, without -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 -Netherlands. The United Nations Convention on Contracts for the International -Sale of Goods will not apply to this document. -17. CONFIDENTIAL INFORMATION. Subject to the license grants and -restrictions contained herein, you must treat the Licensed Software as -confidential information and you agree to retain the Licensed Software in -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 -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 NXP of such requirement prior to disclosure, which you only -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 -disclosure. -18. TRADEMARKS. You are not authorized to use any NXP trademarks, brand -names, or logos. -19 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement -between you and NXP 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, signed by you and NXP. -20. 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 NXP 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. -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 -subsequent breach of the same or a different provision. -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 -Agreement will be made in writing, and will be effective when received at the -following addresses: - NXP: NXP B.V. - High Tech Campus 60 - 5656 AG Eindhoven - The Netherlands - ATTN: Legal Department - -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 -authorized to bind the other to any obligations with third parties. -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. - - - -  -APPENDIX A -Other License Grants and Restrictions: - -The Licensed Software may include some or all of the following software, which -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 -and demonstration only. Permitted distributions must be similarly limited. -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 -Agreement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT AND ITS -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. -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). - -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. - -SanDisk Corporation: 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 Licensed Software on products -compatible with a SanDisk Secure Digital Card. You may not use the SanDisk -Corporation Licensed Software on any memory device product. SanDisk retains -all rights to any modifications or derivative works to the SanDisk Corporation -Licensed Software that you may create. - -SEGGER Microcontroller - emWin Software: Your use of SEGGER emWin software is -restricted to NXP ARM7, ARM9, Cortex-M0, Cortex-M3, and Cortex-M4 based devices -only. - -SEGGER Microcontroller - J-Link/J-Trace Software: Segger software must be used -consistent with the terms found here: http://www.segger.com/jlink-software.html - -Synopsys/Target Compiler Technologies: Your use of the Synopsys/Target Compiler -Technologies Licensed Software and related documentation is subject to the -following: -(1) Duration of the license for the Licensed Software is limited to 12 months, -unless otherwise specified in the license file. -(2) The Licensed Software is usable by one user at a time on a single -designated computer, unless otherwise agreed by Synopsys. -(3) Licensed Software and documentation are to be used only on a designated -computer at the designated physical address provided by you on the APEX license -form. -(4) The Licensed Software is not sub-licensable. - -Texas Instruments: Your use of Texas Instruments Inc. WiLink8 Licensed Software -is restricted to NXP SoC based systems that include a compatible connectivity -device manufactured by TI. - -Vivante: Distribution of Vivante software must be a part of, or embedded -within, Authorized Systems that include a Vivante Graphics Processing Unit. - diff --git a/cyw-wifi-bt/EULA.txt b/cyw-wifi-bt/EULA.txt deleted file mode 100644 index 3d98500..0000000 --- a/cyw-wifi-bt/EULA.txt +++ /dev/null @@ -1,555 +0,0 @@ -LA_OPT_NXP_Software_License v5 January 2019 -IMPORTANT. Read the following NXP Software License Agreement ("Agreement") -completely. By selecting the "I Accept" button at the end of this page, or by -downloading, installing, or using the Licensed Software, you indicate that you -accept the terms of the Agreement and you acknowledge that you have the -authority, for yourself or on behalf of your company, to bind your company to -these terms. You may then download or install the file. In the event of a -conflict between the terms of this Agreement and any license terms and -conditions for NXP's proprietary software embedded anywhere in the Licensed -Software file, the terms of this Agreement shall control. If a separate -license agreement for the Licensed Software has been signed by you and NXP, -then that agreement shall govern your use of the Licensed Software and shall -supersede this Agreement. - -NXP SOFTWARE LICENSE AGREEMENT -This is a legal agreement between your employer, of which you are an authorized -representative, or, if you have no employer, you as an individual ("you" or -"Licensee"), and NXP B.V. ("NXP"). It concerns your rights to use the software -provided to you in binary or source code form and any accompanying written -materials (the "Licensed Software"). The Licensed Software may include any -updates or error corrections or documentation relating to the Licensed Software -provided to you by NXP under this Agreement. In consideration for NXP 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 or install the Licensed Software. If you change your mind -later, stop using the Licensed Software 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 do not destroy will -continue to be governed by this Agreement. Your prior use will also continue to -be governed by this Agreement. -1. DEFINITIONS -1.1. "Affiliate" means, with respect to a party, any corporation or -other legal entity that now or hereafter Controls, is Controlled by or is under -common Control with such party; where "Control" means the direct or indirect -ownership of greater than fifty percent (50%) of the shares or similar -interests entitled to vote for the election of directors or other persons -performing similar functions. An entity is considered an Affiliate only so long -as such Control exists. -1.2 "Authorized System" means either (i) Licensee's hardware product which -incorporates an NXP Product or (ii) Licensee's software program which is used -exclusively in connection with an NXP Product and with which the Licensed -Software will be integrated. -1.3. "Derivative Work" means a work based upon one or more pre-existing -works. A work consisting of editorial revisions, annotations, elaborations, or -other modifications which, as a whole, represent an original work of -authorship, is a Derivative Work. -1.4 "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. -1.5 "NXP Product" means a programmable processing unit (e.g. a -microprocessor, microcontroller, sensor or digital signal processor) supplied -directly or indirectly from NXP or an NXP Affiliate. -1.6 "Software Content Register" means the documentation which may -accompany the Licensed Software which identifies the contents of the Licensed -Software, including but not limited to identification of any Third Party -Software, if any, and may also contain other related information as whether the -license in 2.3 is applicable. -1.7 "Third Party Software" means, any software included in the Licensed -Software that is not NXP proprietary software, and is not open source software, -and to which different license terms may apply. -2. LICENSE GRANT. -2.1. If you are not expressly granted the production use license in -Section 2.3 in the Software Content Register, then you are only granted the -rights in Section 2.2 and not in 2.3. If you are expressly granted the -production use license in Section 2.3 in the Software Content Register, then -you are granted the rights in both Section 2.2 and 2.3. -2.2. Internal Use License. Subject to the terms and conditions of this -Agreement, NXP grants you a worldwide, personal, non-transferable, -non-exclusive, non-sublicensable license, solely for the development of an -Authorized System: -(a) to use and reproduce the Licensed Software (and its Derivative Works -prepared under the license in Section 2.2(b)); and -(b) for Licensed Software provided to you in source code form (human -readable), to prepare Derivative Works of the Licensed Software. -You may not distribute or sublicense the Licensed Software to others under the -license granted in this Section 2.2. -2.3. Production Use License. If expressly authorized in the Software -Content Register, subject to the terms and conditions of this Agreement, NXP -grants you a worldwide, personal, non-transferable, non-exclusive, -non-sublicensable license solely in connection with your manufacturing and -distribution of an Authorized System: -(a) to manufacture (or have manufactured), distribute, and market the -Licensed Software (and its Derivative Works prepared under the license in -2.2(b)) in object code (machine readable format) only as part of, or embedded -within, Authorized Systems and not on a standalone 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; and -(b) to copy and distribute as needed, solely in connection with an -Authorized System, non-confidential NXP information provided as part of the -Licensed Software for the purpose of maintaining and supporting Authorized -Systems with which the Licensed Software is integrated. -2.4 Separate license grants to Third Party Software, or other terms -applicable to the Licensed Software if different from those granted in this -Section 2, are contained in Appendix A. The Licensed Software may be -accompanied by a Software Content Register which will identify that portion of -the Licensed Software, if any, that is subject to the different terms in -Appendix A. -2.5. You may use subcontractors on your premises to exercise your -rights under Section 2.2 and Section 2.3, if any, 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. -3. LICENSE LIMITATIONS AND RESTRICTIONS. -3.1. The licenses granted above in Section 2 only extend to NXP -Intellectual Property Rights that would be infringed by the unmodified Licensed -Software prior to your preparation of any Derivative Work. -3.2. The Licensed Software is licensed to you, not sold. Title to -Licensed Software delivered hereunder remains vested in NXP or NXP'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 NXP or third party Intellectual Property Rights. -3.3. 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 subcontractors or customers -(if distribution is permitted) from translating, reverse engineering, -decompiling, or disassembling the Licensed Software except to the extent -applicable law specifically prohibits such restriction. -3.4. You must reproduce any and all of NXP's (or its third-party -licensor's) copyright notices and other proprietary legends on copies of -Licensed Software. -3.5. 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. -3.6. You grant to NXP 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). -3.7. 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 or distribution of -software subject to the Excluded License, that such software or other software -combined and/or distributed with the software be (i) disclosed or distributed -in source code form; (ii) licensed for the purpose of making Derivative Works; -or (iii) redistributable at no charge. -3.8. You may not publish or distribute information, results or data -associated with the use of the Licensed Software to anyone other than NXP; -however, you must advise NXP of any results obtained including any problems or -suggested improvements thereof. NXP retains the right to use such results and -related information in any manner it deems appropriate -4. OPEN SOURCE. Open source software included in the Licensed -Software is not licensed under the terms of this Agreement but is instead -licensed under the terms of the 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 applicable license, or you cannot use the -open source software. -5. INTELLECTUAL PROPERTY RIGHTS. Your modifications to the Licensed -Software, and all Intellectual Property Rights associated with, and title -thereto, will be the property of NXP. Upon request, you must provide NXP the -source code of any derivative of the Licensed Software. You agree to assign -all, and hereby do assign all rights, title, and interest to any such -modifications to the Licensed Software to NXP and agree to provide all -assistance reasonably requested by NXP to establish, preserve or enforce such -right. Further, you agree to waive all moral rights relating to your -modifications to the Licensed Software, including, without limitation, all -rights of identification of authorship 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 subcontractor. -6. PATENT COVENANT NOT TO SUE. As partial, material consideration for the -rights granted to you under this Agreement, you covenant not to sue or -otherwise assert your patents against NXP or an NXP Affiliate, or a NXP -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 of the Licensed Software. -7. ESSENTIAL PATENTS. NXP has no obligation to identify or obtain any -license to any Intellectual Property Right of a third-party that may be -necessary for use in connection with technology that is incorporated into the -Authorized System (whether or not as part of the Licensed Software). -8. TERM AND TERMINATION. This Agreement will remain in effect unless -terminated as provided in this Section. -8.1. You may terminate this Agreement immediately upon written notice -to NXP at the address provided below. -8.2. 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. -8.3. Notwithstanding the foregoing, NXP may terminate this Agreement -immediately upon written notice if you: breach any of your confidentiality -obligations or the license restrictions under this Agreement; become bankrupt, -insolvent, or file a petition for bankruptcy or insolvency; make an assignment -for the benefit of its creditors; enter proceedings for winding up or -dissolution; are dissolved; or are nationalized or become subject to the -expropriation of all or substantially all of your business or assets. -8.4. Upon termination of this Agreement, all licenses granted under -Section 2 will expire. -8.5. After termination of this Agreement by either party you will -destroy all parts of Licensed Software and its Derivative Works (if any) and -will provide to NXP a statement certifying the same. -8.6. Notwithstanding the termination of this Agreement for any reason, -the terms of Sections 1 and 3 through 25 will survive. -9. SUPPORT. NXP is not obligated to provide any support, upgrades or -new releases of the Licensed Software under this Agreement. If you wish, you -may contact NXP and report problems and provide suggestions regarding the -Licensed Software. NXP has no obligation to respond to such a problem report or -suggestion. NXP may make changes to the Licensed Software at any time, without -any obligation to notify or provide updated versions of the Licensed Software -to you. -10. NO WARRANTY. To the maximum extent permitted by law, NXP expressly -disclaims any warranty for the Licensed Software. The Licensed 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 licensed software, or any systems -you design using the licensed software (if any). -11. INDEMNITY. You agree to fully defend and indemnify NXP from all -claims, liabilities, and costs (including reasonable attorney's fees) related -to (1) your use (including your subcontractor's or distributee's use, if -permitted) of the Licensed Software or (2) your violation of the terms and -conditions of this Agreement. -12. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A BREACH OF -SECTION 2 (LICENSE GRANTS), SECTION 3 (LICENSE LIMITATIONS AND RESTRICTIONS), -SECTION 17 (CONFIDENTIAL INFORMATION), OR CLAIMS UNDER SECTION 11(INDEMNITY), -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 EXTENT SUCH MAY BE DISCLAIMED BY LAW. NXP'S TOTAL LIABILITY FOR 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 NXP IN CONNECTION WITH THE LICENSED -SOFTWARE PROVIDED UNDER THIS AGREEMENT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. -13. EXPORT COMPLIANCE. Each party shall comply with all applicable -export and import control laws and regulations including but not limited to the -US Export Administration Regulation (including prohibited party lists issued by -other federal governments), Catch-all regulations and all national and -international embargoes. Each party further agrees that it will not knowingly -transfer, divert, export or re-export, directly or indirectly, any product, -software, including software source code, or technology restricted by such -regulations or by other applicable national regulations, received from the -other party under this Agreement, or any direct product of such software or -technical data to any person, firm, entity, country or destination to which -such transfer, diversion, export or re-export is restricted or prohibited, -without obtaining prior written authorization from the applicable competent -government authorities to the extent required by those laws. -14. GOVERNMENT CONTRACT COMPLIANCE -14.1. If you sell Authorized Systems directly to any government or public -entity, including U.S., state, local, foreign or international governments or -public entities, or indirectly via a prime contractor or subcontractor of such -governments or entities, NXP makes no representations, certifications, or -warranties whatsoever about compliance with government or public entity -acquisition statutes or regulations, including, without limitation, statutes or -regulations that may relate to pricing, quality, origin or content. -14.2. The Licensed Software has been developed at private expense and is a -"Commercial Item" as defined in 48 C.F.R. Section 2.101, consisting of -"Commercial Computer Software", and/or "Commercial Computer Software -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 -Licensed Software will include a provision that reiterates the limitations of -this document and requires all sub-agreements to similarly contain such -limitations. -15. CRITICAL APPLICATIONS -15.1. You make the ultimate design decisions regarding your products and -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 -not designed for use in connection with products, applications, or systems -where a failure could cause personal injury or death. If Licensee's, or -Licensee's contractors or distributees, permit use of the Licensed Software for -such products, applications, or systems, Licensee agrees to indemnify NXP and -its officers and employees from all liability, including attorneys' fees and -costs. -16. CHOICE OF LAW; VENUE. This Agreement will be governed by, -construed, and enforced in accordance with the laws of The Netherlands, without -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 -Netherlands. The United Nations Convention on Contracts for the International -Sale of Goods will not apply to this document. -17. CONFIDENTIAL INFORMATION. Subject to the license grants and -restrictions contained herein, you must treat the Licensed Software as -confidential information and you agree to retain the Licensed Software in -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 -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 NXP of such requirement prior to disclosure, which you only -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 -disclosure. -18. TRADEMARKS. You are not authorized to use any NXP trademarks, brand -names, or logos. -19 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement -between you and NXP 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, signed by you and NXP. -20. 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 NXP 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. -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 -subsequent breach of the same or a different provision. -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 -Agreement will be made in writing, and will be effective when received at the -following addresses: - NXP: NXP B.V. - High Tech Campus 60 - 5656 AG Eindhoven - The Netherlands - ATTN: Legal Department - -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 -authorized to bind the other to any obligations with third parties. -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. - - - -  -APPENDIX A -Other License Grants and Restrictions: - -The Licensed Software may include some or all of the following software, which -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 -and demonstration only. Permitted distributions must be similarly limited. -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 -Agreement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT AND ITS -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. -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). - -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. - -SanDisk Corporation: 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 Licensed Software on products -compatible with a SanDisk Secure Digital Card. You may not use the SanDisk -Corporation Licensed Software on any memory device product. SanDisk retains -all rights to any modifications or derivative works to the SanDisk Corporation -Licensed Software that you may create. - -SEGGER Microcontroller - emWin Software: Your use of SEGGER emWin software is -restricted to NXP ARM7, ARM9, Cortex-M0, Cortex-M3, and Cortex-M4 based devices -only. - -SEGGER Microcontroller - J-Link/J-Trace Software: Segger software must be used -consistent with the terms found here: http://www.segger.com/jlink-software.html - -Synopsys/Target Compiler Technologies: Your use of the Synopsys/Target Compiler -Technologies Licensed Software and related documentation is subject to the -following: -(1) Duration of the license for the Licensed Software is limited to 12 months, -unless otherwise specified in the license file. -(2) The Licensed Software is usable by one user at a time on a single -designated computer, unless otherwise agreed by Synopsys. -(3) Licensed Software and documentation are to be used only on a designated -computer at the designated physical address provided by you on the APEX license -form. -(4) The Licensed Software is not sub-licensable. - -Texas Instruments: Your use of Texas Instruments Inc. WiLink8 Licensed Software -is restricted to NXP SoC based systems that include a compatible connectivity -device manufactured by TI. - -Vivante: Distribution of Vivante software must be a part of, or embedded -within, Authorized Systems that include a Vivante Graphics Processing Unit. -