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EULA: Update to v22 version of EULA from April 2018
Signed-off-by: Lauren Post <lauren.post@nxp.com>
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brcm/EULA.txt
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brcm/EULA.txt
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@ -1,4 +1,4 @@
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LA_OPT_BASE_LICENSE v18 February 2017
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LA_OPT_BASE_LICENSE v22 April 2018
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IMPORTANT. Read the following NXP Software License Agreement ("Agreement")
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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, you
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completely. By selecting the "I Accept" button at the end of this page, you
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@ -26,59 +26,57 @@ Your prior use will also continue to be governed by this Agreement.
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1. DEFINITIONS
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1. DEFINITIONS
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||||||
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1.1. For NXP, the term "Affiliate" means (i) any Person
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1.1. For NXP, the term "Affiliate" means (i) any Person Controlled by NXP
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Controlled by NXP Semiconductors N.V. or (ii) any Person Controlled by any
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Semiconductors N.V. or (ii) any Person Controlled by any transferee of all or
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transferee of all or substantially all of the assets of NXP Semiconductors
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substantially all of the assets of NXP Semiconductors N.V., where "Controlled"
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N.V., where "Controlled" means the direct or indirect beneficial ownership of
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means the direct or indirect beneficial ownership of more than fifty percent
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more than fifty percent (50%) of the voting stock, or decision-making authority
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(50%) of the voting stock, or decision-making authority in the event that there
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in the event that there is no voting stock, in another entity; provided, any
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is no voting stock, in another entity; provided, any such Person described in
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such Person described in clause (i) or (ii) shall be deemed to be an
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clause (i) or (ii) shall be deemed to be an "Affiliate" only for so long as
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"Affiliate" only for so long as such Person is Controlled by NXP Semiconductors
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such Person is Controlled by NXP Semiconductors N.V. or such transferee. For
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N.V. or such transferee. For the purposes of this definition, "Person" is
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the purposes of this definition, "Person" is defined to mean "an individual,
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defined to mean "an individual, corporation, partnership, limited liability
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corporation, partnership, limited liability company, association,
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company, association, unincorporated association, trust or other entity or
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unincorporated association, trust or other entity or organization, including a
|
||||||
organization, including a government or political subdivision or an agency or
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government or political subdivision or an agency or instrumentality thereof."
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instrumentality thereof."
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1.2. "Essential Patent" means a patent to the limited extent
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1.2. "Essential Patent" means a patent to the limited extent that infringement
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that infringement of such patent cannot be avoided in remaining compliant with
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of such patent cannot be avoided in remaining compliant with the technology
|
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the technology standards implicated by the usage of any of the Licensed
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standards implicated by the usage of any of the Licensed Software, including
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Software, including optional implementation of the standards, on technical but
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optional implementation of the standards, on technical but not commercial
|
||||||
not commercial grounds, taking into account normal technical practice and the
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grounds, taking into account normal technical practice and the state of the art
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state of the art generally available at the time of standardization.
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generally available at the time of standardization.
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1.3. "Intellectual Property Rights" means any and all rights
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1.3. "Intellectual Property Rights" means any and all rights under statute,
|
||||||
under statute, common law or equity in and under copyrights, trade secrets, and
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common law or equity in and under copyrights, trade secrets, and patents
|
||||||
patents (including utility models), and analogous rights throughout the world,
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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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including any applications for and the right to apply for, any of the foregoing.
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||||||
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1.4. "Software Content Register" means the documentation
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1.4. "Software Content Register" means the documentation accompanying the
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||||||
accompanying the Licensed Software which identifies the contents of the
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Licensed Software which identifies the contents of the Licensed Software,
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Licensed Software, including but not limited to identification of any Third
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including but not limited to identification of any Third Party Software.
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Party Software.
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1.5. "Third Party Software" means, any software included in
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1.5. "Third Party Software" means, any software included in the Licensed
|
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the Licensed Software that is not NXP Proprietary software, and is not open
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Software that is not NXP Proprietary software, and is not open source software,
|
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source software, and to which different license terms may apply.
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and to which different license terms may apply.
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|
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2. LICENSE GRANT.
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2. LICENSE GRANT.
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|
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2.1. Separate license grants to Third Party Software, or other
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2.1. Separate license grants to Third Party Software, or other terms applicable
|
||||||
terms applicable to the Licensed Software if different from those granted in
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to the Licensed Software if different from those granted in this Section 2, are
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this Section 2, are contained in Appendix A. The Licensed Software is
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contained in Appendix A. The Licensed Software is accompanied by a Software
|
||||||
accompanied by a Software Content Register which will identify that portion of
|
Content Register which will identify that portion of the Licensed Software, if
|
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the Licensed Software, if any, that is subject to the different terms in
|
any, that is subject to the different terms in Appendix A.
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Appendix A.
|
|
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|
|
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2.2. Exclusively in connection with your development and
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2.2. Exclusively in connection with your development and distribution of
|
||||||
distribution of product containing a programmable processing unit (e.g. a
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product containing a programmable processing unit (e.g. a microprocessor,
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microprocessor, microcontroller, sensor or digital signal processor) supplied
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microcontroller, sensor or digital signal processor) ("NXP Product") supplied
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directly or indirectly from NXP ("Authorized System") NXP grants you a
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directly or indirectly from NXP ("Authorized System"), and exclusively for use
|
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world-wide, personal, non-transferable, non-exclusive, non-sublicensable,
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with or integrated within an NXP Product, NXP grants you a world-wide,
|
||||||
license, under NXP's Intellectual Property Rights:
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personal, non-transferable, non-exclusive, non-sublicensable, license, under
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|
NXP's Intellectual Property Rights:
|
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|
|
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(a) to use and reproduce the Licensed Software only as part of, or
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(a) to use and reproduce the Licensed Software only as part of, or integrated
|
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integrated within, Authorized Systems and not on a standalone basis;
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within, Authorized Systems and not on a standalone basis;
|
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(b) to directly or indirectly manufacture, demonstrate, copy, distribute,
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(b) to directly or indirectly manufacture, demonstrate, copy, distribute,
|
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market and sell the Licensed Software in object code (machine readable) only as
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market and sell the Licensed Software in object code (machine readable) only as
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part of, or embedded within, Authorized Systems in object code form and not on
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part of, or embedded within, Authorized Systems in object code form and not on
|
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@ -90,75 +88,72 @@ Authorized System, proprietary NXP information associated with the Licensed
|
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Software for the purpose of developing, maintaining and supporting Authorized
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Software for the purpose of developing, maintaining and supporting Authorized
|
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Systems with which the Licensed Software is integrated or associated.
|
Systems with which the Licensed Software is integrated or associated.
|
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|
|
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2.3. For NXP Licensed Software provided to you in source code
|
2.3. For Licensed Software provided to you in source code form (human
|
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form (human readable), NXP further grants to you a worldwide, personal,
|
readable), exclusively for use with or integrated within an NXP Product, NXP
|
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non-transferable, non-exclusive, non-sublicensable, license, under NXP's
|
further grants to you a worldwide, personal, non-transferable, non-exclusive,
|
||||||
Intellectual Property Rights:
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non-sublicensable, license, under NXP's Intellectual Property Rights:
|
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|
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(a) to prepare derivative works of the Licensed Software, only as part of,
|
(a) to prepare derivative works of the Licensed Software, only as part of, or
|
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or integrated within, Authorized Systems and not on a standalone basis;
|
integrated within, Authorized Systems and not on a standalone basis;
|
||||||
(b) to use, demonstrate, copy, distribute, market and sell the derivative
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(b) to use, demonstrate, copy, distribute, market and sell the derivative
|
||||||
works of the Licensed Software in object code (machine readable) only as part
|
works of the Licensed Software in object code (machine readable) only as part
|
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of, or integrated within, Authorized Systems and not on a standalone basis.
|
of, or integrated within, Authorized Systems and not on a standalone basis.
|
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Notwithstanding the foregoing, those files marked as .h files ("Header files")
|
Notwithstanding the foregoing, those files marked as .h files ("Header files")
|
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may be distributed in source or object code form, but only as part of, or
|
may be distributed in source or object code form, but only as part of, or
|
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embedded within Authorized Systems.
|
embedded within Authorized Systems.
|
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|
2.4. You may use subcontractors on your premises to exercise your rights under
|
||||||
2.4. You may use subcontractors on your premises to exercise
|
Section 2.2 and 2.3 so long as you have an agreement in place with the
|
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your rights under Section 2.2 and 2.3 so long as you have an agreement in place
|
subcontractor containing confidentiality restrictions no less stringent than
|
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with the subcontractor containing confidentiality restrictions no less
|
those contained in this Agreement. You will remain liable for your
|
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stringent than those contained in this Agreement. You will remain liable for
|
subcontractors' adherence to the terms of this Agreement and for any and all
|
||||||
your subcontractors' adherence to the terms of this Agreement and for any and
|
acts and omissions of such subcontractors with respect to this Agreement and
|
||||||
all acts and omissions of such subcontractors with respect to this Agreement
|
the Licensed Software.
|
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and the Licensed Software.
|
|
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|
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3. LICENSE LIMITATIONS AND RESTRICTIONS.
|
3. LICENSE LIMITATIONS AND RESTRICTIONS.
|
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|
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3.1. The licenses granted above in Section 2.3 only extend to
|
3.1. The licenses granted above in Section 2.3 only extend to NXP intellectual
|
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NXP intellectual property rights that would be infringed by the Licensed
|
property rights that would be infringed by the Licensed Software prior to your
|
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Software prior to your preparation of any derivative work.
|
preparation of any derivative work.
|
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|
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3.2. The Licensed Software is licensed to you, not sold.
|
3.2. The Licensed Software is licensed to you, not sold. Title to Licensed
|
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Title to Licensed Software delivered hereunder remains vested in NXP or NXP's
|
Software delivered hereunder remains vested in NXP or NXP's licensor and cannot
|
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licensor and cannot be assigned or transferred. You are expressly forbidden
|
be assigned or transferred. You are expressly forbidden from selling or
|
||||||
from selling or otherwise distributing the Licensed Software, or any portion
|
otherwise distributing the Licensed Software, or any portion thereof, except as
|
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thereof, except as expressly permitted herein. This Agreement does not grant
|
expressly permitted herein. This Agreement does not grant to you any implied
|
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to you any implied rights under any NXP or third party intellectual property.
|
rights under any NXP or third party intellectual property.
|
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3.3. You may not translate, reverse engineer, decompile, or
|
3.3. You may not translate, reverse engineer, decompile, or disassemble the
|
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disassemble the Licensed Software except to the extent applicable law
|
|
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specifically prohibits such restriction. You must prohibit your sublicensees
|
|
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from translating, reverse engineering, decompiling, or disassembling the
|
|
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Licensed Software except to the extent applicable law specifically prohibits
|
Licensed Software except to the extent applicable law specifically prohibits
|
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such restriction.
|
such restriction. You must prohibit your sublicensees from translating,
|
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|
reverse engineering, decompiling, or disassembling the Licensed Software except
|
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to the extent applicable law specifically prohibits such restriction.
|
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|
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3.4. You must reproduce any and all of NXP's (or its third
|
3.4. You must reproduce any and all of NXP's (or its third party licensor's)
|
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party licensor's) copyright notices and other proprietary legends on copies of
|
copyright notices and other proprietary legends on copies of Licensed Software.
|
||||||
Licensed Software.
|
|
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|
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3.5. If you distribute the Licensed Software to the United
|
|
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States Government, then the Licensed Software is "restricted computer software"
|
|
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and is subject to FAR 52.227-19 (c)(1) and (c)(2).
|
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3.6. You grant to NXP a non-exclusive, non-transferable,
|
3.5. If you distribute the Licensed Software to the United States Government,
|
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irrevocable, perpetual, worldwide, royalty-free, sub-licensable license under
|
then the Licensed Software is "restricted computer software" and is subject to
|
||||||
your Intellectual Property Rights to use without restriction and for any
|
FAR 52.227-19 (c)(1) and (c)(2).
|
||||||
purpose any suggestion, comment or other feedback related to the Licensed
|
|
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Software (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
|
3.6. You grant to NXP a non-exclusive, non-transferable, irrevocable,
|
||||||
subject the Licensed Software to an Excluded License. An Excluded License means
|
perpetual, worldwide, royalty-free, sub-licensable license under your
|
||||||
any license that requires, as a condition of use, modification or distribution
|
Intellectual Property Rights to use without restriction and for any purpose any
|
||||||
of software subject to the Excluded License, that such software or other
|
suggestion, comment or other feedback related to the Licensed Software
|
||||||
software combined and/or distributed with the software be (i) disclosed or
|
(including, but not limited to, error corrections and bug fixes).
|
||||||
distributed in source code form; (ii) licensed for the purpose of making
|
|
||||||
derivative works; or (iii) redistributable at no charge.
|
|
||||||
|
|
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3.8. You may not publish or distribute information, results or
|
3.7. You will not take or fail to take any action that could subject the
|
||||||
data associated with the use of the Licensed Software to anyone other than NXP;
|
Licensed Software to an Excluded License. An Excluded License means any license
|
||||||
however, you must advise NXP of any results obtained including any problems or
|
that requires, as a condition of use, modification or distribution of software
|
||||||
suggested improvements thereof. NXP retains the right to use such results and
|
subject to the Excluded License, that such software or other software combined
|
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related information in any manner it deems appropriate.
|
and/or distributed with the software be (i) disclosed or distributed in source
|
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|
code form; (ii) licensed for the purpose of making derivative works; or (iii)
|
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|
redistributable at no charge.
|
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|
|
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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.
|
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|
|
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4. OPEN SOURCE. Open source software included in the
|
4. OPEN SOURCE. Open source software included in the
|
||||||
Licensed Software is not licensed under the terms of this Agreement, but is
|
Licensed Software is not licensed under the terms of this Agreement, but is
|
||||||
|
@ -184,14 +179,13 @@ authorship and all rights of approval, restriction, or limitation on use or
|
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subsequent modification. Notwithstanding the foregoing, you will have the
|
subsequent modification. Notwithstanding the foregoing, you will have the
|
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license rights granted in Section 2 hereto to any such modifications made by
|
license rights granted in Section 2 hereto to any such modifications made by
|
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you or your licensees.
|
you or your licensees.
|
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|
6. PATENT COVENANT NOT TO SUE. As partial, material consideration
|
||||||
6. PATENT COVENANT NOT TO SUE. As partial, material
|
for the rights granted to you under this Agreement, you covenant not to sue or
|
||||||
consideration for the rights granted to you under this Agreement, you covenant
|
otherwise assert your patents against NXP, a NXP Affiliate or subsidiary, or a
|
||||||
not to sue or otherwise assert your patents against NXP, a NXP Affiliate or
|
NXP licensee of the Licensed Software for infringement of your Intellectual
|
||||||
subsidiary, or a NXP licensee of the Licensed Software for infringement of your
|
Property Rights by the manufacture, use, sale, offer for sale, importation or
|
||||||
Intellectual Property Rights by the manufacture, use, sale, offer for sale,
|
other disposition or promotion of the Licensed Software and/or any
|
||||||
importation or other disposition or promotion of the Licensed Software and/or
|
redistributed portions of the Licensed Software.
|
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any redistributed portions of the Licensed Software.
|
|
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|
|
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7. ESSENTIAL PATENTS. You are solely responsible for obtaining
|
7. ESSENTIAL PATENTS. You are solely responsible for obtaining
|
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licenses for any relevant Essential Patents for your use in connection with
|
licenses for any relevant Essential Patents for your use in connection with
|
||||||
|
@ -201,46 +195,45 @@ Licensed Software or not).
|
||||||
8. TERM AND TERMINATION. This Agreement will remain in effect
|
8. TERM AND TERMINATION. This Agreement will remain in effect
|
||||||
unless terminated as provided in this Section 8.
|
unless terminated as provided in this Section 8.
|
||||||
|
|
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8.1. You may terminate this Agreement immediately upon written
|
8.1. You may terminate this Agreement immediately upon written notice to NXP at
|
||||||
notice to NXP at the address provided below.
|
the address provided below.
|
||||||
|
|
||||||
8.2. Either party may terminate this Agreement if the other
|
8.2. Either party may terminate this Agreement if the other party is in default
|
||||||
party is in default of any of the terms and conditions of this Agreement, and
|
of any of the terms and conditions of this Agreement, and termination is
|
||||||
termination is effective if the defaulting party fails to correct such default
|
effective if the defaulting party fails to correct such default within 30 days
|
||||||
within 30 days after written notice thereof by the non-defaulting party to the
|
after written notice thereof by the non-defaulting party to the defaulting
|
||||||
defaulting party at the address below.
|
party at the address below.
|
||||||
|
|
||||||
8.3. Notwithstanding the foregoing, NXP may terminate this
|
8.3. Notwithstanding the foregoing, NXP may terminate this Agreement
|
||||||
Agreement immediately upon written notice if you: breach any of your
|
immediately upon written notice if you: breach any of your confidentiality
|
||||||
confidentiality obligations or the license restrictions under this Agreement;
|
obligations or the license restrictions under this Agreement; become bankrupt,
|
||||||
become bankrupt, insolvent, or file a petition for bankruptcy or insolvency,
|
insolvent, or file a petition for bankruptcy or insolvency, make an assignment
|
||||||
make an assignment for the benefit of its creditors; enter proceedings for
|
for the benefit of its creditors; enter proceedings for winding up or
|
||||||
winding up or dissolution ;are dissolved; or are nationalized or become subject
|
dissolution ;are dissolved; or are nationalized or become subject to the
|
||||||
to the expropriation of all or substantially all of its business or assets.
|
expropriation of all or substantially all of its business or assets.
|
||||||
|
8.4. Upon termination of this Agreement, all licenses granted under Section 2
|
||||||
|
will expire, except that any licenses extended to end-users pursuant to
|
||||||
|
Sections 2.2(b), 2.2(c), and 2.3(b), which have been granted prior to such
|
||||||
|
termination will survive.
|
||||||
|
|
||||||
8.4. Upon termination of this Agreement, all licenses granted
|
8.5. After termination of this Agreement by either party and upon NXP's written
|
||||||
under Section 2 will expire, except that any licenses extended to end-users
|
request, you will, at your discretion, return to the NXP any confidential
|
||||||
pursuant to Sections 2.2(b), 2.2(c), and 2.3(b), which have been granted prior
|
information including all copies thereof or furnish to NXP at the address
|
||||||
to such termination will survive.
|
below, a statement certifying, with respect to the Licensed Software delivered
|
||||||
|
hereunder that the original and all copies, except for archival copies to be
|
||||||
|
used solely for dispute resolution purposes, in whole or in part, in any form,
|
||||||
|
of the Licensed Software have been destroyed.
|
||||||
|
|
||||||
8.5. After termination of this Agreement by either party and
|
8.6. Notwithstanding the termination of this Agreement for any reason, the
|
||||||
upon NXP's written request, you will, at your discretion, return to the NXP any
|
terms of Sections 1, 3, 5 through 25 will survive.
|
||||||
confidential information including all copies thereof or furnish to NXP at the
|
|
||||||
address below, a statement certifying, with respect to the Licensed Software
|
|
||||||
delivered hereunder that the original and all copies, except for archival
|
|
||||||
copies to be used solely for dispute resolution purposes, in whole or in part,
|
|
||||||
in any form, of the Licensed Software have been destroyed.
|
|
||||||
|
|
||||||
8.6. Notwithstanding the termination of this Agreement for any
|
9. SUPPORT. NXP is not obligated to provide any support, upgrades
|
||||||
reason, the terms of Sections 1, 3, 5 through 25 will survive.
|
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
|
||||||
9. SUPPORT. NXP is not obligated to provide any support,
|
Licensed Software. NXP has no obligation to respond to such a problem report or
|
||||||
upgrades or new releases of the Licensed Software under this Agreement. If you
|
suggestion. NXP may make changes to the Licensed Software at any time, without
|
||||||
wish, you may contact NXP and report problems and provide suggestions regarding
|
any obligation to notify or provide updated versions of the Licensed Software
|
||||||
the Licensed Software. NXP has no obligation to respond to such a problem
|
to you.
|
||||||
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
|
10. NO WARRANTY. To the maximum extent permitted by law, NXP
|
||||||
expressly disclaims any warranty for the Licensed Software. The Licensed
|
expressly disclaims any warranty for the Licensed Software. The Licensed
|
||||||
|
@ -250,11 +243,11 @@ merchantability, fitness for a particular purpose, or non-infringement. You
|
||||||
assume the entire risk arising out of the use or performance of the licensed
|
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).
|
software, or any systems you design using the licensed software (if any).
|
||||||
|
|
||||||
11. INDEMNITY. You agree to fully defend and indemnify NXP from
|
11. INDEMNITY. You agree to fully defend and indemnify NXP from all
|
||||||
all claims, liabilities, and costs (including reasonable attorney's fees)
|
claims, liabilities, and costs (including reasonable attorney's fees) related
|
||||||
related to (1) your use (including your contractors or distributee's use, if
|
to (1) your use (including your contractors or distributee's use, if permitted)
|
||||||
permitted) of the Licensed Software or (2) your violation of the terms and
|
of the Licensed Software or (2) your violation of the terms and conditions of
|
||||||
conditions of this Agreement.
|
this Agreement.
|
||||||
|
|
||||||
12. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A BREACH OF
|
12. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A BREACH OF
|
||||||
SECTION 2 (LICENSE GRANTS), SECTION 3 (LICENSE LIMITATIONS AND RESTRICTIONS),
|
SECTION 2 (LICENSE GRANTS), SECTION 3 (LICENSE LIMITATIONS AND RESTRICTIONS),
|
||||||
|
@ -294,11 +287,11 @@ public entity acquisition statutes or regulations, including, without
|
||||||
limitation, statutes or regulations that may relate to pricing, quality, origin
|
limitation, statutes or regulations that may relate to pricing, quality, origin
|
||||||
or content.
|
or content.
|
||||||
|
|
||||||
14.2. The Licensed Software has been developed at private expense
|
14.2. The Licensed Software has been developed at private
|
||||||
and is a "Commercial Item" as defined in 48 C.F.R. Section 2.101, consisting of
|
expense and is a "Commercial Item" as defined in 48 C.F.R. §2.101, consisting
|
||||||
"Commercial Computer Software", and/or "Commercial Computer Software
|
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.
|
Documentation," as such terms are used in 48 C.F.R. §12.212 (or 48 C.F.R.
|
||||||
Section 227.7202, as applicable) and may only be licensed to or shared with U.S.
|
§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,
|
Government end users in object code form as part of, or embedded within,
|
||||||
Authorized Systems. Any agreement pursuant to which you share the Licensed
|
Authorized Systems. Any agreement pursuant to which you share the Licensed
|
||||||
Software will include a provision that reiterates the limitations of this
|
Software will include a provision that reiterates the limitations of this
|
||||||
|
@ -318,14 +311,15 @@ any claims, liabilities, damages and associated costs and expenses (including
|
||||||
attorneys' fees) that NXP may incur related to your incorporation of any
|
attorneys' fees) that NXP may incur related to your incorporation of any
|
||||||
product in a safety-critical application or system.
|
product in a safety-critical application or system.
|
||||||
|
|
||||||
15.2. Only Licensed Software that NXP has specifically designated
|
15.2. Only Licensed Software that NXP has specifically
|
||||||
as "Automotive Qualified" is intended for use in automotive, military, or
|
designated as "Automotive Qualified" is intended for use in automotive,
|
||||||
aerospace applications or environments. If you use Licensed Software that has
|
military, or aerospace applications or environments. If you use Licensed
|
||||||
not been designated as "Automotive Qualified" in an automotive, military, or
|
Software that has not been designated as "Automotive Qualified" in an
|
||||||
aerospace application or environment, you do so at your own risk.
|
automotive, military, or aerospace application or environment, you do so at
|
||||||
|
your own risk.
|
||||||
|
|
||||||
15.3. Licensed Software is not intended or authorized for any use
|
15.3. Licensed Software is not intended or authorized for any
|
||||||
in anti-personnel landmines.
|
use in anti-personnel landmines.
|
||||||
|
|
||||||
16. CHOICE OF LAW; VENUE. This Agreement will be governed by,
|
16. CHOICE OF LAW; VENUE. This Agreement will be governed by,
|
||||||
construed, and enforced in accordance with the laws of The Netherlands, without
|
construed, and enforced in accordance with the laws of The Netherlands, without
|
||||||
|
@ -363,18 +357,18 @@ and supersedes all prior communications, negotiations, understandings,
|
||||||
agreements or representations, either written or oral, if any. This Agreement
|
agreements or representations, either written or oral, if any. This Agreement
|
||||||
may only be amended in written form, signed by you and NXP.
|
may only be amended in written form, signed by you and NXP.
|
||||||
|
|
||||||
20. SEVERABILITY. If any provision of this Agreement is held for
|
20. SEVERABILITY. If any provision of this Agreement is held for any
|
||||||
any reason to be invalid or unenforceable, then the remaining provisions of
|
reason to be invalid or unenforceable, then the remaining provisions of this
|
||||||
this Agreement will be unimpaired and, unless a modification or replacement of
|
Agreement will be unimpaired and, unless a modification or replacement of the
|
||||||
the invalid or unenforceable provision is further held to deprive you or NXP of
|
invalid or unenforceable provision is further held to deprive you or NXP of a
|
||||||
a material benefit, in which case the Agreement will immediately terminate, the
|
material benefit, in which case the Agreement will immediately terminate, the
|
||||||
invalid or unenforceable provision will be replaced with a provision that is
|
invalid or unenforceable provision will be replaced with a provision that is
|
||||||
valid and enforceable and that comes closest to the intention underlying the
|
valid and enforceable and that comes closest to the intention underlying the
|
||||||
invalid or unenforceable provision.
|
invalid or unenforceable provision.
|
||||||
|
|
||||||
21. NO WAIVER. The waiver by NXP of any breach of any provision
|
21. NO WAIVER. The waiver by NXP of any breach of any provision of
|
||||||
of this Agreement will not operate or be construed as a waiver of any other or
|
this Agreement will not operate or be construed as a waiver of any other or a
|
||||||
a subsequent breach of the same or a different provision.
|
subsequent breach of the same or a different provision.
|
||||||
|
|
||||||
22. AUDIT. You will keep full, clear and accurate records with
|
22. AUDIT. You will keep full, clear and accurate records with
|
||||||
respect to your compliance with the limited license rights granted under this
|
respect to your compliance with the limited license rights granted under this
|
||||||
|
@ -404,8 +398,8 @@ contractors. Nothing in this Agreement will be construed to create any
|
||||||
partnership, joint venture, or similar relationship. Neither party is
|
partnership, joint venture, or similar relationship. Neither party is
|
||||||
authorized to bind the other to any obligations with third parties.
|
authorized to bind the other to any obligations with third parties.
|
||||||
|
|
||||||
25. SUCCESSION AND ASSIGNMENT. This Agreement will be binding
|
25. SUCCESSION AND ASSIGNMENT. This Agreement will be binding upon
|
||||||
upon and inure to the benefit of the parties and their permitted successors and
|
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,
|
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
|
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
|
unreasonably withheld or delayed. NXP may assign this Agreement, or any part of
|
||||||
|
@ -442,6 +436,11 @@ Your use of Broadcom Corporation software is restricted to Authorized Systems
|
||||||
that incorporate a compatible integrated circuit device manufactured or sold by
|
that incorporate a compatible integrated circuit device manufactured or sold by
|
||||||
Broadcom.
|
Broadcom.
|
||||||
|
|
||||||
|
Cadence Design Systems
|
||||||
|
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.
|
||||||
|
|
||||||
Cirque Corporation
|
Cirque Corporation
|
||||||
Use of Cirque Corporation technology is limited to evaluation, demonstration,
|
Use of Cirque Corporation technology is limited to evaluation, demonstration,
|
||||||
or certification testing only. Permitted distributions must be similarly
|
or certification testing only. Permitted distributions must be similarly
|
||||||
|
@ -534,7 +533,14 @@ Opus
|
||||||
Use of Opus software must be consistent with the terms of the Opus license
|
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/
|
which can be found at: http://www.opus-codec.org/license/
|
||||||
|
|
||||||
Real Networks - its GStreamer Optimized Real Format Client Code implementation
|
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 - its
|
||||||
|
GStreamer Optimized Real Format Client Code implementation
|
||||||
or OpenMax Optimized Real Format Client Code
|
or OpenMax Optimized Real Format Client Code
|
||||||
Use of the GStreamer Optimized Real Format Client Code, or OpenMax Optimized
|
Use of the GStreamer Optimized Real Format Client Code, or OpenMax Optimized
|
||||||
Real Format Client code is restricted to applications in the automotive market.
|
Real Format Client code is restricted to applications in the automotive market.
|
||||||
|
@ -566,6 +572,12 @@ 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
|
without the express permission of Real Time Engineers Ltd. (this is the norm
|
||||||
within the industry and is intended to ensure information accuracy).
|
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
|
SanDisk Corporation
|
||||||
If the Licensed Software includes software developed by SanDisk Corporation
|
If the Licensed Software includes software developed by SanDisk Corporation
|
||||||
("SanDisk"), you must separately obtain the rights to reproduce and distribute
|
("SanDisk"), you must separately obtain the rights to reproduce and distribute
|
||||||
|
|
Loading…
Reference in a new issue