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nxp/EULA.txt: Update license to v23
Signed-off-by: Lauren Post <lauren.post@nxp.com>
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189
nxp/EULA.txt
189
nxp/EULA.txt
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@ -1,4 +1,4 @@
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LA_OPT_NXP_Software_License v11 February 2020
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LA_OPT_NXP_Software_License v23 May 2021
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IMPORTANT. Read the following NXP Software License Agreement ("Agreement")
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completely. By selecting the "I Accept" button at the end of this page, or by
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@ -56,9 +56,11 @@ statute, common law or equity in and under copyrights, trade secrets, and
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patents (including utility models), and analogous rights throughout the world,
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including any applications for and the right to apply for, any of the foregoing.
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1.5 "NXP Product" means a programmable processing unit (e.g. a
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microprocessor, microcontroller, sensor or digital signal processor) supplied
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directly or indirectly from NXP or an NXP Affiliate.
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1.5 "NXP Product" means a hardware product (e.g. a microprocessor,
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microcontroller, sensor or digital signal processor) supplied directly or
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indirectly from NXP or an NXP Affiliate, unless there is a product specified in
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the Software Content Register, in which case this definition is limited to such
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product.
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1.6 "Software Content Register" means the documentation which may
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accompany the Licensed Software which identifies the contents of the Licensed
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@ -72,44 +74,55 @@ and to which different license terms may apply.
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2. LICENSE GRANT.
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2.1. If you are not expressly granted the production use license in
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2.1. If you are not expressly granted the distribution license in
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Section 2.3 in the Software Content Register, then you are only granted the
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rights in Section 2.2 and not in 2.3. If you are expressly granted the
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production use license in Section 2.3 in the Software Content Register, then
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you are granted the rights in both Section 2.2 and 2.3.
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distribution license in Section 2.3 in the Software Content Register, then you
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are granted the rights in both Section 2.2 and 2.3.
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2.2. Internal Use License. Subject to the terms and conditions of this
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2.2. Standard License. Subject to the terms and conditions of this
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Agreement, NXP grants you a worldwide, personal, non-transferable,
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non-exclusive, non-sublicensable license, solely for the development of an
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Authorized System:
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(a) to use and reproduce the Licensed Software (and its Derivative Works
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prepared under the license in Section 2.2(b)); and
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prepared under the license in Section 2.2(b)) solely in combination with a NXP
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Product; and
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(b) for Licensed Software provided to you in source code form (human
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readable), to prepare Derivative Works of the Licensed Software.
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readable), to prepare Derivative Works of the Licensed Software solely for use
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in combination with a NXP Product.
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You may not distribute or sublicense the Licensed Software to others under the
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license granted in this Section 2.2.
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2.3. Production Use License. If expressly authorized in the Software
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Content Register, subject to the terms and conditions of this Agreement, NXP
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grants you a worldwide, personal, non-transferable, non-exclusive,
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non-sublicensable license solely in connection with your manufacturing and
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distribution of an Authorized System:
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You may demonstrate the Licensed Software to your direct costumers as part of
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an Authorized System so long as such demonstration is directly controlled by
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you and without prior approval by NXP; however, to all other third parties only
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if NXP has provided its advance, written approval (e.g. email approval) of your
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demonstrating the Licensed Software to specified third parties or at specified
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event(s). You may not leave the Licensed Software with a direct customer or
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any other third party at any time.
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2.3. Additional Distribution License. If expressly authorized in the
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Software Content Register, subject to the terms and conditions of this
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Agreement, NXP grants you a worldwide, personal, non-transferable,
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non-exclusive, non-sublicensable license solely in connection with your
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manufacturing and distribution of an Authorized System:
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(a) to manufacture (or have manufactured), distribute, and market
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the Licensed Software (and its Derivative Works prepared under the license in
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2.2(b)) in object code (machine readable format) only as part of, or embedded
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within, Authorized Systems and not on a standalone basis. Notwithstanding the
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foregoing, those files marked as .h files ("Header files") may be distributed
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in source or object code form, but only as part of, or embedded within
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Authorized Systems; and
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within, Authorized Systems and not on a standalone basis solely for use in
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combination with a NXP Product. Notwithstanding the foregoing, those files
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marked as .h files ("Header files") may be distributed in source or object code
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form, but only as part of, or embedded within Authorized Systems; and
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(b) to copy and distribute as needed, solely in connection with an
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Authorized System, non-confidential NXP information provided as part of the
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Licensed Software for the purpose of maintaining and supporting Authorized
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Systems with which the Licensed Software is integrated.
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Authorized System and for use in combination with a NXP Product,
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non-confidential NXP information provided as part of the Licensed Software for
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the purpose of maintaining and supporting Authorized Systems with which the
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Licensed Software is integrated.
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2.4 Separate license grants to Third Party Software, or other terms
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applicable to the Licensed Software if different from those granted in this
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@ -168,11 +181,11 @@ combined and/or distributed with the software be (i) disclosed or distributed
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in source code form; (ii) licensed for the purpose of making Derivative Works;
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or (iii) redistributable at no charge.
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3.8. You may not publish or distribute information, results or data
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associated with the use of the Licensed Software to anyone other than NXP;
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however, you must advise NXP of any results obtained including any problems or
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suggested improvements thereof. NXP retains the right to use such results and
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related information in any manner it deems appropriate
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3.8. You may not publish or distribute reports associated with the use
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of the Licensed Software to anyone other than NXP. You may advise NXP of any
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results obtained from your use of the Licensed Software, including any problems
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or suggested improvements thereof, and NXP retains the right to use such
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results and related information in any manner it deems appropriate.
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4. OPEN SOURCE. Open source software included in the Licensed
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Software is not licensed under the terms of this Agreement but is instead
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@ -182,19 +195,29 @@ of the open source software is subject to the terms of each applicable license.
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You must agree to the terms of each applicable license, or you cannot use the
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open source software.
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5. INTELLECTUAL PROPERTY RIGHTS. Your modifications to the Licensed
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Software, and all Intellectual Property Rights associated with, and title
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thereto, will be the property of NXP. Upon request, you must provide NXP the
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source code of any derivative of the Licensed Software. You agree to assign
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all, and hereby do assign all rights, title, and interest to any such
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5. INTELLECTUAL PROPERTY RIGHTS.
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Upon request, you must provide NXP the source code of any derivative of the
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Licensed Software.
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Unless prohibited by law, the following paragraph shall apply. Your
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modifications to the Licensed Software, and all intellectual property rights
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associated with, and title thereto, will be the property of NXP. You agree to
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assign all, and hereby do assign all rights, title, and interest to any such
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modifications to the Licensed Software to NXP and agree to provide all
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assistance reasonably requested by NXP to establish, preserve or enforce such
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right. Further, you agree to waive all moral rights relating to your
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modifications to the Licensed Software, including, without limitation, all
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rights of identification of authorship and all rights of approval, restriction,
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or limitation on use or subsequent modification. Notwithstanding the foregoing,
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you will have the license rights granted in Section 2 hereto to any such
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modifications made by you or your subcontractor.
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or limitation on use or subsequent modification. Notwithstanding the
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foregoing, you will have the license rights granted in Section 2 hereto to any
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such modifications made by you or your licensees.
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Otherwise, you agree to grant an irrevocable, worldwide, and perpetual license
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to NXP to make, have made, use, sell, offer to sell, import, commercialize,
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sublicense and reproduce your modifications or derivative works to the Licensed
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Software without any payment to Licensee. You agree to provide all assistance
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reasonably requested by NXP to establish, preserve or enforce such right.
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6. ESSENTIAL PATENTS. NXP has no obligation to identify or obtain any
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license to any Intellectual Property Right of a third-party that may be
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@ -268,17 +291,19 @@ SOFTWARE PROVIDED UNDER THIS AGREEMENT TO WHICH LOSSES OR DAMAGES ARE CLAIMED.
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12. EXPORT COMPLIANCE. Each party shall comply with all applicable
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export and import control laws and regulations including but not limited to the
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US Export Administration Regulation (including prohibited party lists issued by
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other federal governments), Catch-all regulations and all national and
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international embargoes. Each party further agrees that it will not knowingly
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transfer, divert, export or re-export, directly or indirectly, any product,
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software, including software source code, or technology restricted by such
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regulations or by other applicable national regulations, received from the
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other party under this Agreement, or any direct product of such software or
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technical data to any person, firm, entity, country or destination to which
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such transfer, diversion, export or re-export is restricted or prohibited,
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without obtaining prior written authorization from the applicable competent
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government authorities to the extent required by those laws.
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US Export Administration Regulation (including restrictions on certain military
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end uses and military end users as specified in Section 15 C.F.R. § 744.21 and
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prohibited party lists issued by other federal governments), Catch-all
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regulations and all national and international embargoes. Each party further
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agrees that it will not knowingly transfer, divert, export or re-export,
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directly or indirectly, any product, software, including software source code,
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or technology restricted by such regulations or by other applicable national
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regulations, received from the other party under this Agreement, or any direct
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product of such software or technical data to any person, firm, entity, country
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or destination to which such transfer, diversion, export or re-export is
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restricted or prohibited, without obtaining prior written authorization from
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the applicable competent government authorities to the extent required by those
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laws.
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13. GOVERNMENT CONTRACT COMPLIANCE
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@ -387,7 +412,7 @@ following addresses:
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ATTN: Legal Department
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You: The address provided at registration will be used.
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You: The address provided at registration will be used.
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23. RELATIONSHIP OF THE PARTIES. The parties are independent
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contractors. Nothing in this Agreement will be construed to create any
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@ -401,6 +426,14 @@ prior written approval of NXP, which approval will not be unreasonably withheld
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or delayed. NXP may assign this Agreement, or any part of this Agreement, in
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its sole discretion.
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25. PRIVACY. By agreeing to this Agreement and/or utilizing the Licensed
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Software, Licensee consents to use of certain personal information, including
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but not limited to name, email address, and location, for the purpose of
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NXP’s internal analysis regarding future software offerings. NXP’s
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complete Privacy Statement can be found at:
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https://www.nxp.com/company/our-company/about-nxp/privacy-statement:PRIVACYPRACT
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ICES.
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APPENDIX A
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Other License Grants and Restrictions:
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the Amazon Program Materials License Agreement (including the AVS Component
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Schedule, if applicable), located at
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https://developer.amazon.com/support/legal/pml. All Amazon software is hereby
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designated "Amazon confidential". Amazon is a third-party beneficiary to this
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Agreement with respect to the Amazon software.
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designated "Amazon confidential". With the exception of the binary library of
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the Amazon Wake Word Engine for “Alexa”, all Amazon software is also hereby
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designated as “Restricted Program Materials”. Amazon is a third-party
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beneficiary to this Agreement with respect to the Amazon software.
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Amazon Web Services, Inc.: AWS is an intended third-party beneficiary to this
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Agreement with respect to the Greengrass software. If you have an account with
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AWS that is not in good standing, you may not download, install, use or
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distribute the Greengrass software. You will comply with all instructions and
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requirements in any integration documents, guidelines, or other documentation
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AWS provides. The license to the Greengrass software will immediately terminate
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without notice if you (a) fail to comply with this Agreement or any other
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agreement with AWS, (b) fail to make timely payment for any AWS service, (c)
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fail to implement AWS updates, or (d) bring any action for intellectual
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property infringement against AWS or any AWS customer utilizing AWS services.
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Any dispute or claim relating to your use of the Greengrass software will be
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resolved by binding arbitration, rather than in court, except that you may
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assert claims in small claims court if your claims qualify.
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Amphion Semiconductor Ltd.: Distribution of Amphion software must be a part of,
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or embedded within, Authorized Systems that include an Amphion Video Decoder.
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Aquantia Corp.: You may use Aquantia's API binaries solely to flash the API
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software to an NXP Product which mates with an Aquantia device.
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Argus Cyber Security: The Argus software may only be used in object code and
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only for evaluation and demonstration purposes.
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Atheros: Use of Atheros software is limited to evaluation and demonstration
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only. Permitted distributions must be similarly limited. Further rights must
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be obtained directly from Atheros.
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ATI (AMD): Distribution of ATI software must be a part of, or embedded within,
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Authorized Systems that include a ATI graphics processor core.
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Au-Zone Technologies: eIQ Portal, Model Tool, DeepViewRT and ModelRunner are
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distributed by NXP under license from Au-Zone Technologies. Your use of the
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Licensed Software, examples and related documentation is subject to the
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following:
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(1) Use of Software is limited to Authorized System only
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(2) In no event may Licensee Sublicense OR distribute the Software
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(3) AU-ZONE TECHNOLOGIES SHALL NOT BE LIABLE FOR USE OF LICENSED
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SOFTWARE IN CRITICAL APPLICATIONS BY LICENSEE
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Broadcom Corporation: Your use of Broadcom Corporation software is restricted
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to Authorized Systems that incorporate a compatible integrated circuit device
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manufactured or sold by Broadcom.
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rights must be obtained directly from Crank Software Inc.
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Cypress Semiconductor Corporation: WWD RTOS source code may only be used in
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accordance with the Cypress IOT Community License Agreement located at
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https://community.cypress.com/terms-and-conditions!input.jspa?displayOnly=true.
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accordance with the Cypress IOT Community License Agreement obtained directly
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from Cypress Semiconductor Corporation.
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Embedded Systems Academy GmbH (EmSA): Any use of Micro CANopen Plus is subject
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to the acceptance of the license conditions described in the LICENSE.INFO file
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Real Format Client Code implementation or OpenMax Optimized Real Format Client
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Code
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Real Time Engineers Ltd.: Any FreeRTOS source code, whether modified or in its
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original release form, or whether in whole or in part, can only be distributed
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by you under the terms of version 2 of the GNU General Public License plus this
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exception. An independent module is a module which is not derived from or
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based on FreeRTOS.
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Clause 1: Linking FreeRTOS with other modules is making a combined work based
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on FreeRTOS. Thus, the terms and conditions of the GNU General Public License
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V2 cover the whole combination.
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As a special exception, the copyright holders of FreeRTOS give you permission
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to link FreeRTOS with independent modules to produce a statically linked
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executable, regardless of the license terms of these independent modules, and
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to copy and distribute the resulting executable under terms of your choice,
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provided that you also meet, for each linked independent module, the terms and
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conditions of the license of that module. An independent module is a module
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which is not derived from or based on FreeRTOS.
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Clause 2: FreeRTOS may not be used for any competitive or comparative purpose,
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including the publication of any form of run time or compile time metric,
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without the express permission of Real Time Engineers Ltd. (this is the norm
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within the industry and is intended to ensure information accuracy).
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RivieraWaves SAS (a member of the CEVA, Inc. family of companies): You may not
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use the RivieraWaves intellectual property licensed under this Agreement if you
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develop, market, and/or license products similar to such RivieraWaves
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