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LICENSE.txt: update Software License to v49

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Signed-off-by: Sherry Sun <sherry.sun@nxp.com>
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LICENSE.txt
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@ -1,12 +1,12 @@
LA_OPT_NXP_Software_License v48 July 2023
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
LA_OPT_NXP_Software_License v49 September 2023
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
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
@ -14,51 +14,51 @@ 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.
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
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
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
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,
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 hardware product (e.g. a microprocessor,
1.5 "NXP Product" means a hardware product (e.g. a microprocessor,
microcontroller, sensor or digital signal processor) and/or services (e.g.
cloud platform services) supplied directly or indirectly from NXP or an NXP
Affiliate, unless there is a product specified in the Software Content
Register, in which case this definition is limited to such product.
1.6 “Software Content Register” means the documentation which may
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
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.
@ -96,8 +96,8 @@ 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 solely for use in
combination with a NXP Product. 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
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 and for use in combination with a NXP Product,
non-confidential NXP information provided as part of the Licensed Software for
@ -113,7 +113,7 @@ Appendix A.
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
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.
@ -121,7 +121,7 @@ the Licensed Software.
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
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
@ -132,12 +132,12 @@ 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
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.
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
@ -218,14 +218,14 @@ any obligation to notify or provide updated versions of the Licensed Software
to you.
9. 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,
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).
10. 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
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.
11. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A BREACH OF
@ -235,7 +235,7 @@ IN NO EVENT WILL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF
TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, TO
THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. NXP’S TOTAL LIABILITY FOR ALL
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
@ -243,8 +243,8 @@ SOFTWARE PROVIDED UNDER THIS AGREEMENT TO WHICH LOSSES OR DAMAGES ARE CLAIMED.
12. 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 restrictions on certain military
end uses and military end users as specified in Section 15 C.F.R. § 744.21 and
prohibited party lists issued by other federal governments), Catch-all
end uses and military end users as specified in Section 15 C.F.R. § 744.21
and 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,
@ -264,9 +264,9 @@ 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.
13.2. 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
"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
@ -277,19 +277,19 @@ limitations.
software for use in the development of, or for incorporation into, products or
services (a) used in applications requiring fail-safe performance or (b) in
which failure could lead to death, personal injury, or severe physical or
environmental damage (these products and services are referred to as
“Critical Applications”). NXP’s goal is to educate customers so that they
can design their own end-product solutions to meet applicable functional safety
standards and requirements. Licensee makes the ultimate design decisions
regarding its products and is solely responsible for compliance with all legal,
regulatory, safety, and security related requirements concerning its products,
regardless of any information or support that may be provided by NXP. As such,
Licensee assumes all risk related to use of the Licensed Software in Critical
environmental damage (these products and services are referred to as "Critical
Applications"). NXP's goal is to educate customers so that they can design
their own end-product solutions to meet applicable functional safety standards
and requirements. Licensee makes the ultimate design decisions regarding its
products and is solely responsible for compliance with all legal, regulatory,
safety, and security related requirements concerning its products, regardless
of any information or support that may be provided by NXP. As such, Licensee
assumes all risk related to use of the Licensed Software in Critical
Applications and NXP SHALL NOT BE LIABLE FOR ANY SUCH USE IN CRITICAL
APPLICATIONS BY LICENSEE. Accordingly, Licensee will indemnify and hold NXP
harmless from any claims, liabilities, damages and associated costs and
expenses (including attorneys’ fees) that NXP may incur related to
Licensee’s incorporation of the Licensed Software in a Critical Application.
expenses (including attorneys' fees) that NXP may incur related to Licensee's
incorporation of the Licensed Software in a Critical Application.
15. 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
@ -335,7 +335,7 @@ subsequent breach of the same or a different provision.
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,
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
@ -365,9 +365,9 @@ or delayed. NXP may assign this Agreement, or any part of this Agreement, in
its sole discretion.
25. PRIVACY. By agreeing to this Agreement and/or utilizing the Licensed
Software, Licensee consents to use of certain personal information, including
but not limited to name, email address, and location, for the purpose of
NXP’s internal analysis regarding future software offerings. NXP’s
complete Privacy Statement can be found at:
but not limited to name, email address, and location, for the purpose of NXP's
internal analysis regarding future software offerings. NXP's complete Privacy
Statement can be found at:
https://www.nxp.com/company/our-company/about-nxp/privacy-statement:PRIVACYPRACT
ICES.
@ -382,18 +382,28 @@ 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:
AGGIOS, Inc.: EnergyLab LITE and Seed software are distributed by NXP under
license from AGGIOS, Inc. Your use of AGGIOS software, as the Licensee, is
subject to the following: (i) use of AGGIOS software is limited to object code
and Authorized System only; (ii) Licensee may not sublicense the AGGIOS
software to any third party; (iii) Licensee is only granted an evaluation
license for the Seed software, defined as license to use the Seed software
internally for own evaluation purposes, limited to three (3) months. Further
rights including but not limited to production deployment must be obtained
directly from AGGIOS, Inc.
Airbiquity Inc.: The Airbiquity software may only be used in object code and
Licensee may not sublicense the Airbiquity software to any third party.
Licensee’s license to use the Airbiquity software expires on June 30, 2024.
Licensee's license to use the Airbiquity software expires on June 30, 2024.
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”. With the exception of the binary library
of the Amazon Wake Word Engine for “Alexa”, all Amazon software is also
hereby designated as “Restricted Program Materials”. Amazon is a
third-party beneficiary to this Agreement with respect to the Amazon software.
designated "Amazon confidential". With the exception of the binary library of
the Amazon Wake Word Engine for "Alexa", all Amazon software is also hereby
designated as "Restricted Program Materials". Amazon is a third-party
beneficiary to this Agreement with respect to the Amazon software.
Amazon Web Services, Inc.: AWS is an intended third-party beneficiary to this
Agreement with respect to the Greengrass software. If you have an account with
@ -463,7 +473,7 @@ distribution of one copy embedded in a single NXP Product. Your use of Cadence
NatureDSP Libraries whether in source code or in binary is restricted to NXP
SoC based systems or emulation enablement based on NXP SoC.
CEVA D.S.P. Ltd. And CEVA Technologies Inc. (“CEVA”): The CEVA-SPF2 linear
CEVA D.S.P. Ltd. And CEVA Technologies Inc. ("CEVA"): The CEVA-SPF2 linear
algebra, CEVA-SPF2 Neural Network Libraries, CEVA-SPF2 Core Libraries,
CEVA-SPF2 OpenAMP and CEVA-SPF2 STL licensed modules are owned by CEVA and such
materials may only be used in connection with an NXP product containing the
@ -496,8 +506,8 @@ Cypress Semiconductor Corporation: WWD RTOS source code may only be used in
accordance with the Cypress IOT Community License Agreement obtained directly
from Cypress Semiconductor Corporation.
Elektrobit Automotive GmbH (“EB”): EB software must be used consistent with
the EB License Terms and Conditions, Version 1.4 (Dec 2019) found here:
Elektrobit Automotive GmbH ("EB"): EB software must be used consistent with the
EB License Terms and Conditions, Version 1.4 (Dec 2019) found here:
https://www.elektrobit.com/legal-notice/ . Licensee is only granted an
evaluation license for the EB software, defined as license to use the EB
software internally for own evaluation purposes, limited to three (3) months.