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nxp/EULA.txt: Update license to v23 

Signed-off-by: Lauren Post <lauren.post@nxp.com>
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Lauren Post 2021-05-14 07:54:32 -05:00
parent 045ec25a15
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nxp/EULA.txt
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@ -1,4 +1,4 @@
LA_OPT_NXP_Software_License v11 February 2020
LA_OPT_NXP_Software_License v23 May 2021
IMPORTANT. Read the following NXP Software License Agreement ("Agreement")
completely. By selecting the "I Accept" button at the end of this page, or by
@ -56,9 +56,11 @@ statute, common law or equity in and under copyrights, trade secrets, and
patents (including utility models), and analogous rights throughout the world,
including any applications for and the right to apply for, any of the foregoing.
1.5 "NXP Product" means a programmable processing unit (e.g. a
microprocessor, microcontroller, sensor or digital signal processor) supplied
directly or indirectly from NXP or an NXP Affiliate.
1.5 "NXP Product" means a hardware product (e.g. a microprocessor,
microcontroller, sensor or digital signal processor) 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
accompany the Licensed Software which identifies the contents of the Licensed
@ -72,44 +74,55 @@ and to which different license terms may apply.
2. LICENSE GRANT.
2.1. If you are not expressly granted the production use license in
2.1. If you are not expressly granted the distribution license in
Section 2.3 in the Software Content Register, then you are only granted the
rights in Section 2.2 and not in 2.3. If you are expressly granted the
production use license in Section 2.3 in the Software Content Register, then
you are granted the rights in both Section 2.2 and 2.3.
distribution license in Section 2.3 in the Software Content Register, then you
are granted the rights in both Section 2.2 and 2.3.
2.2. Internal Use License. Subject to the terms and conditions of this
2.2. Standard License. Subject to the terms and conditions of this
Agreement, NXP grants you a worldwide, personal, non-transferable,
non-exclusive, non-sublicensable license, solely for the development of an
Authorized System:
(a) to use and reproduce the Licensed Software (and its Derivative Works
prepared under the license in Section 2.2(b)); and
prepared under the license in Section 2.2(b)) solely in combination with a NXP
Product; and
(b) for Licensed Software provided to you in source code form (human
readable), to prepare Derivative Works of the Licensed Software.
readable), to prepare Derivative Works of the Licensed Software solely for use
in combination with a NXP Product.
You may not distribute or sublicense the Licensed Software to others under the
license granted in this Section 2.2.
2.3. Production Use License. If expressly authorized in the Software
Content Register, subject to the terms and conditions of this Agreement, NXP
grants you a worldwide, personal, non-transferable, non-exclusive,
non-sublicensable license solely in connection with your manufacturing and
distribution of an Authorized System:
You may demonstrate the Licensed Software to your direct costumers as part of
an Authorized System so long as such demonstration is directly controlled by
you and without prior approval by NXP; however, to all other third parties only
if NXP has provided its advance, written approval (e.g. email approval) of your
demonstrating the Licensed Software to specified third parties or at specified
event(s). You may not leave the Licensed Software with a direct customer or
any other third party at any time.
2.3. Additional Distribution License. If expressly authorized in the
Software Content Register, subject to the terms and conditions of this
Agreement, NXP grants you a worldwide, personal, non-transferable,
non-exclusive, non-sublicensable license solely in connection with your
manufacturing and distribution of an Authorized System:
(a) to manufacture (or have manufactured), distribute, and market
the Licensed Software (and its Derivative Works prepared under the license in
2.2(b)) in object code (machine readable format) only as part of, or embedded
within, Authorized Systems and not on a standalone basis. Notwithstanding the
foregoing, those files marked as .h files ("Header files") may be distributed
in source or object code form, but only as part of, or embedded within
Authorized Systems; and
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
(b) to copy and distribute as needed, solely in connection with an
Authorized System, non-confidential NXP information provided as part of the
Licensed Software for the purpose of maintaining and supporting Authorized
Systems with which the Licensed Software is integrated.
Authorized System and for use in combination with a NXP Product,
non-confidential NXP information provided as part of the Licensed Software for
the purpose of maintaining and supporting Authorized Systems with which the
Licensed Software is integrated.
2.4 Separate license grants to Third Party Software, or other terms
applicable to the Licensed Software if different from those granted in this
@ -168,11 +181,11 @@ combined and/or distributed with the software be (i) disclosed or distributed
in source code form; (ii) licensed for the purpose of making Derivative Works;
or (iii) redistributable at no charge.
3.8. You may not publish or distribute information, results or data
associated with the use of the Licensed Software to anyone other than NXP;
however, you must advise NXP of any results obtained including any problems or
suggested improvements thereof. NXP retains the right to use such results and
related information in any manner it deems appropriate
3.8. You may not publish or distribute reports associated with the use
of the Licensed Software to anyone other than NXP. You may advise NXP of any
results obtained from your use of the Licensed Software, including any problems
or suggested improvements thereof, and NXP retains the right to use such
results and related information in any manner it deems appropriate.
4. OPEN SOURCE. Open source software included in the Licensed
Software is not licensed under the terms of this Agreement but is instead
@ -182,19 +195,29 @@ of the open source software is subject to the terms of each applicable license.
You must agree to the terms of each applicable license, or you cannot use the
open source software.
5. INTELLECTUAL PROPERTY RIGHTS. Your modifications to the Licensed
Software, and all Intellectual Property Rights associated with, and title
thereto, will be the property of NXP. Upon request, you must provide NXP the
source code of any derivative of the Licensed Software. You agree to assign
all, and hereby do assign all rights, title, and interest to any such
5. INTELLECTUAL PROPERTY RIGHTS.
Upon request, you must provide NXP the source code of any derivative of the
Licensed Software.
Unless prohibited by law, the following paragraph shall apply. Your
modifications to the Licensed Software, and all intellectual property rights
associated with, and title thereto, will be the property of NXP. You agree to
assign all, and hereby do assign all rights, title, and interest to any such
modifications to the Licensed Software to NXP and agree to provide all
assistance reasonably requested by NXP to establish, preserve or enforce such
right. Further, you agree to waive all moral rights relating to your
right. Further, you agree to waive all moral rights relating to your
modifications to the Licensed Software, including, without limitation, all
rights of identification of authorship and all rights of approval, restriction,
or limitation on use or subsequent modification. Notwithstanding the foregoing,
you will have the license rights granted in Section 2 hereto to any such
modifications made by you or your subcontractor.
or limitation on use or subsequent modification. Notwithstanding the
foregoing, you will have the license rights granted in Section 2 hereto to any
such modifications made by you or your licensees.
Otherwise, you agree to grant an irrevocable, worldwide, and perpetual license
to NXP to make, have made, use, sell, offer to sell, import, commercialize,
sublicense and reproduce your modifications or derivative works to the Licensed
Software without any payment to Licensee. You agree to provide all assistance
reasonably requested by NXP to establish, preserve or enforce such right.
6. ESSENTIAL PATENTS. NXP has no obligation to identify or obtain any
license to any Intellectual Property Right of a third-party that may be
@ -268,17 +291,19 @@ 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 prohibited party lists issued by
other federal governments), Catch-all regulations and all national and
international embargoes. Each party further agrees that it will not knowingly
transfer, divert, export or re-export, directly or indirectly, any product,
software, including software source code, or technology restricted by such
regulations or by other applicable national regulations, received from the
other party under this Agreement, or any direct product of such software or
technical data to any person, firm, entity, country or destination to which
such transfer, diversion, export or re-export is restricted or prohibited,
without obtaining prior written authorization from the applicable competent
government authorities to the extent required by those laws.
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
regulations and all national and international embargoes. Each party further
agrees that it will not knowingly transfer, divert, export or re-export,
directly or indirectly, any product, software, including software source code,
or technology restricted by such regulations or by other applicable national
regulations, received from the other party under this Agreement, or any direct
product of such software or technical data to any person, firm, entity, country
or destination to which such transfer, diversion, export or re-export is
restricted or prohibited, without obtaining prior written authorization from
the applicable competent government authorities to the extent required by those
laws.
13. GOVERNMENT CONTRACT COMPLIANCE
@ -380,14 +405,14 @@ examination or audit.
Agreement will be made in writing, and will be effective when received at the
following addresses:
NXP: NXP B.V.
High Tech Campus 60
5656 AG Eindhoven
The Netherlands
NXP: NXP B.V.
High Tech Campus 60
5656 AG Eindhoven
The Netherlands
ATTN: Legal Department
ATTN: Legal Department
You: The address provided at registration will be used.
You: The address provided at registration will be used.
23. RELATIONSHIP OF THE PARTIES. The parties are independent
contractors. Nothing in this Agreement will be construed to create any
@ -401,6 +426,14 @@ prior written approval of NXP, which approval will not be unreasonably withheld
or delayed. NXP may assign this Agreement, or any part of this Agreement, in
its sole discretion.
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:
https://www.nxp.com/company/our-company/about-nxp/privacy-statement:PRIVACYPRACT
ICES.
APPENDIX A
Other License Grants and Restrictions:
@ -417,8 +450,24 @@ Amazon: Use of the Amazon software constitutes your acceptance of the terms of
the Amazon Program Materials License Agreement (including the AVS Component
Schedule, if applicable), located at
https://developer.amazon.com/support/legal/pml. All Amazon software is hereby
designated "Amazon confidential". Amazon is a third-party beneficiary to this
Agreement with respect to the Amazon software.
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
AWS that is not in good standing, you may not download, install, use or
distribute the Greengrass software. You will comply with all instructions and
requirements in any integration documents, guidelines, or other documentation
AWS provides. The license to the Greengrass software will immediately terminate
without notice if you (a) fail to comply with this Agreement or any other
agreement with AWS, (b) fail to make timely payment for any AWS service, (c)
fail to implement AWS updates, or (d) bring any action for intellectual
property infringement against AWS or any AWS customer utilizing AWS services.
Any dispute or claim relating to your use of the Greengrass software will be
resolved by binding arbitration, rather than in court, except that you may
assert claims in small claims court if your claims qualify.
Amphion Semiconductor Ltd.: Distribution of Amphion software must be a part of,
or embedded within, Authorized Systems that include an Amphion Video Decoder.
@ -426,6 +475,9 @@ or embedded within, Authorized Systems that include an Amphion Video Decoder.
Aquantia Corp.: You may use Aquantia's API binaries solely to flash the API
software to an NXP Product which mates with an Aquantia device.
Argus Cyber Security: The Argus software may only be used in object code and
only for evaluation and demonstration purposes.
Atheros: Use of Atheros software is limited to evaluation and demonstration
only. Permitted distributions must be similarly limited. Further rights must
be obtained directly from Atheros.
@ -433,6 +485,18 @@ be obtained directly from Atheros.
ATI (AMD): Distribution of ATI software must be a part of, or embedded within,
Authorized Systems that include a ATI graphics processor core.
Au-Zone Technologies: eIQ Portal, Model Tool, DeepViewRT and ModelRunner are
distributed by NXP under license from Au-Zone Technologies. Your use of the
Licensed Software, examples and related documentation is subject to the
following:
(1) Use of Software is limited to Authorized System only
(2) In no event may Licensee Sublicense OR distribute the Software
(3) AU-ZONE TECHNOLOGIES SHALL NOT BE LIABLE FOR USE OF LICENSED
SOFTWARE IN CRITICAL APPLICATIONS BY LICENSEE
Broadcom Corporation: Your use of Broadcom Corporation software is restricted
to Authorized Systems that incorporate a compatible integrated circuit device
manufactured or sold by Broadcom.
@ -464,8 +528,8 @@ demonstration only. Permitted distributions must be similarly limited. Further
rights must be obtained directly from Crank Software Inc.
Cypress Semiconductor Corporation: WWD RTOS source code may only be used in
accordance with the Cypress IOT Community License Agreement located at
https://community.cypress.com/terms-and-conditions!input.jspa?displayOnly=true.
accordance with the Cypress IOT Community License Agreement obtained directly
from Cypress Semiconductor Corporation.
Embedded Systems Academy GmbH (EmSA): Any use of Micro CANopen Plus is subject
to the acceptance of the license conditions described in the LICENSE.INFO file
@ -560,29 +624,6 @@ commercial use and distribution of products containing the GStreamer Optimized
Real Format Client Code implementation or OpenMax Optimized Real Format Client
Code
Real Time Engineers Ltd.: Any FreeRTOS source code, whether modified or in its
original release form, or whether in whole or in part, can only be distributed
by you under the terms of version 2 of the GNU General Public License plus this
exception. An independent module is a module which is not derived from or
based on FreeRTOS.
Clause 1: Linking FreeRTOS with other modules is making a combined work based
on FreeRTOS. Thus, the terms and conditions of the GNU General Public License
V2 cover the whole combination.
As a special exception, the copyright holders of FreeRTOS give you permission
to link FreeRTOS with independent modules to produce a statically linked
executable, regardless of the license terms of these independent modules, and
to copy and distribute the resulting executable under terms of your choice,
provided that you also meet, for each linked independent module, the terms and
conditions of the license of that module. An independent module is a module
which is not derived from or based on FreeRTOS.
Clause 2: FreeRTOS may not be used for any competitive or comparative purpose,
including the publication of any form of run time or compile time metric,
without the express permission of Real Time Engineers Ltd. (this is the norm
within the industry and is intended to ensure information accuracy).
RivieraWaves SAS (a member of the CEVA, Inc. family of companies): You may not
use the RivieraWaves intellectual property licensed under this Agreement if you
develop, market, and/or license products similar to such RivieraWaves