nxp/EULA.txt: Update license to v23

Signed-off-by: Lauren Post <lauren.post@nxp.com>

nxp/EULA.txt

@@ -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
+1.5       "NXP Product" means a hardware product (e.g. a microprocessor,
-microprocessor, microcontroller, sensor or digital signal processor) supplied
+microcontroller, sensor or digital signal processor) supplied directly or
-directly or indirectly from NXP or an NXP Affiliate.
+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
+distribution license in Section 2.3 in the Software Content Register, then you
-you are granted the rights in both Section 2.2 and 2.3.
+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
+You may demonstrate the Licensed Software to your direct costumers as part of
-Content Register, subject to the terms and conditions of this Agreement, NXP
+an Authorized System so long as such demonstration is directly controlled by
-grants you a worldwide, personal, non-transferable, non-exclusive,
+you and without prior approval by NXP; however, to all other third parties only
-non-sublicensable license solely in connection with your manufacturing and
+if NXP has provided its advance, written approval (e.g. email approval) of your
-distribution of an Authorized System:
+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
+within, Authorized Systems and not on a standalone basis solely for use in
-foregoing, those files marked as .h files ("Header files") may be distributed
+combination with a NXP Product.  Notwithstanding the foregoing, those files
-in source or object code form, but only as part of, or embedded within
+marked as .h files ("Header files") may be distributed in source or object code
-Authorized Systems; and
+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
+Authorized System and for use in combination with a NXP Product,
-Licensed Software for the purpose of maintaining and supporting Authorized
+non-confidential NXP information provided as part of the Licensed Software for
-Systems with which the Licensed Software is integrated.
+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
+3.8.         You may not publish or distribute reports associated with the use
-associated with the use of the Licensed Software to anyone other than NXP;
+of the Licensed Software to anyone other than NXP.  You may advise NXP of any
-however, you must advise NXP of any results obtained including any problems or
+results obtained from your use of the Licensed Software, including any problems
-suggested improvements thereof.  NXP retains the right to use such results and
+or suggested improvements thereof, and NXP retains the right to use such
-related information in any manner it deems appropriate
+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
+5.       INTELLECTUAL PROPERTY RIGHTS.
-Software, and all Intellectual Property Rights associated with, and title
+
-thereto, will be the property of NXP. Upon request, you must provide NXP the
+Upon request, you must provide NXP the source code of any derivative of the
-source code of any derivative of the Licensed Software. You agree to assign
+Licensed Software.
-all, and hereby do assign all rights, title, and interest to any such
+
+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,
+or limitation on use or subsequent modification.  Notwithstanding the
-you will have the license rights granted in Section 2 hereto to any such
+foregoing, you will have the license rights granted in Section 2 hereto to any
-modifications made by you or your subcontractor.
+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
+US Export Administration Regulation (including restrictions on certain military
-other federal governments), Catch-all regulations and all national and
+end uses and military end users as specified in Section 15 C.F.R. § 744.21 and
-international embargoes. Each party further agrees that it will not knowingly
+prohibited party lists issued by other federal governments), Catch-all
-transfer, divert, export or re-export, directly or indirectly, any product,
+regulations and all national and international embargoes. Each party further
-software, including software source code, or technology restricted by such
+agrees that it will not knowingly transfer, divert, export or re-export,
-regulations or by other applicable national regulations, received from the
+directly or indirectly, any product, software, including software source code,
-other party under this Agreement, or any direct product of such software or
+or technology restricted by such regulations or by other applicable national
-technical data to any person, firm, entity, country or destination to which
+regulations, received from the other party under this Agreement, or any direct
-such transfer, diversion, export or re-export is restricted or prohibited,
+product of such software or technical data to any person, firm, entity, country
-without obtaining prior written authorization from the applicable competent
+or destination to which such transfer, diversion, export or re-export is
-government authorities to the extent required by those laws.
+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.
+          NXP:          NXP B.V.
-                    High Tech Campus 60
+                        High Tech Campus 60
-                    5656 AG Eindhoven
+                        5656 AG Eindhoven
-                    The Netherlands
+                        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
+designated "Amazon confidential".  With the exception of the binary library of
-Agreement with respect to the Amazon software.
+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
+accordance with the Cypress IOT Community License Agreement obtained directly
-https://community.cypress.com/terms-and-conditions!input.jspa?displayOnly=true.
+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