diff options
| author | Lauren Post <lauren.post@nxp.com> | 2016-09-30 15:03:38 -0500 |
|---|---|---|
| committer | Otavio Salvador <otavio@ossystems.com.br> | 2016-10-18 16:26:14 -0200 |
| commit | 290b4cd2e6a059b5a7059b026fe10b87d073acbf (patch) | |
| tree | 4037ee112069b6bc46fc460956e142cc5ad48232 | |
| parent | 068549d3a5a04ddb229cf3c0e33b4dd500736232 (diff) | |
| download | meta-freescale-290b4cd2e6a059b5a7059b026fe10b87d073acbf.tar.gz | |
EULA: Update license and eula class to EULA v14 version
Signed-off-by: Lauren Post <lauren.post@nxp.com>
Signed-off-by: Otavio Salvador <otavio@ossystems.com.br>
| -rw-r--r-- | EULA | 657 | ||||
| -rw-r--r-- | classes/fsl-eula-unpack.bbclass | 2 |
2 files changed, 326 insertions, 333 deletions
| @@ -1,20 +1,20 @@ | |||
| 1 | LA_OPT_BASE_LICENSE v12 March 2016 | 1 | LA_OPT_BASE_LICENSE v14 June 2016 |
| 2 | 2 | ||
| 3 | IMPORTANT. Read the following NXP Semiconductor Software License Agreement | 3 | IMPORTANT. Read the following NXP Semiconductors Software License Agreement |
| 4 | ("Agreement") completely. By selecting the "I Accept" button at the end of | 4 | ("Agreement") completely. By selecting the "I Accept" button at the end of |
| 5 | this page, you indicate that you accept the terms of the Agreement and you | 5 | this page, you indicate that you accept the terms of the Agreement and you |
| 6 | acknowledge that you have the authority, for yourself or on behalf of your | 6 | acknowledge that you have the authority, for yourself or on behalf of your |
| 7 | company, to bind your company to these terms. You may then download or install | 7 | company, to bind your company to these terms. You may then download or install |
| 8 | the file. | 8 | the file. |
| 9 | 9 | ||
| 10 | NXP SEMICONDUCTOR SOFTWARE LICENSE AGREEMENT | 10 | NXP SEMICONDUCTORS SOFTWARE LICENSE AGREEMENT |
| 11 | 11 | ||
| 12 | This is a legal agreement between you, as an authorized representative of your | 12 | This is a legal agreement between you, as an authorized representative of your |
| 13 | employer, or if you have no employer, as an individual (together "you"), and | 13 | employer, or if you have no employer, as an individual (together "you"), and |
| 14 | Freescale Semiconductor, Inc., a wholly-owned subsidiary of NXP Semiconductors | 14 | Freescale Semiconductor, Inc., a wholly-owned subsidiary of NXP Semiconductors |
| 15 | N.V. ("NXP"). It concerns your rights to use the software identified in the | 15 | N.V. ("NXP"). It concerns your rights to use the software identified in the |
| 16 | Software Content Register and provided to you in binary or source code form | 16 | Software Content Register and provided to you in binary or source code form and |
| 17 | and any accompanying written materials (the "Licensed Software"). The Licensed | 17 | any accompanying written materials (the "Licensed Software"). The Licensed |
| 18 | Software may include any updates or error corrections or documentation relating | 18 | Software may include any updates or error corrections or documentation relating |
| 19 | to the Licensed Software provided to you by NXP under this License. In | 19 | to the Licensed Software provided to you by NXP under this License. In |
| 20 | consideration for NXP allowing you to access the Licensed Software, you are | 20 | consideration for NXP allowing you to access the Licensed Software, you are |
| @@ -26,71 +26,68 @@ copies of the Licensed Software that you have already distributed, where | |||
| 26 | permitted, and do not destroy will continue to be governed by this Agreement. | 26 | permitted, and do not destroy will continue to be governed by this Agreement. |
| 27 | Your prior use will also continue to be governed by this Agreement. | 27 | Your prior use will also continue to be governed by this Agreement. |
| 28 | 28 | ||
| 29 | 1. DEFINITIONS | 29 | 1. DEFINITIONS |
| 30 | 30 | ||
| 31 | 1.1. "Affiliates" means, any corporation, or entity directly or | 31 | 1.1. "Affiliates" means, any corporation, or entity directly or indirectly |
| 32 | indirectly controlled by, controlling, or under common control with NXP | 32 | controlled by, controlling, or under common control with NXP Semiconductors N.V. |
| 33 | Semiconductors N.V. | ||
| 34 | 33 | ||
| 35 | 1.2. "Essential Patent" means a patent to the limited extent that | 34 | 1.2. "Essential Patent" means a patent to the limited extent that infringement |
| 36 | infringement of such patent cannot be avoided in remaining compliant with the | 35 | of such patent cannot be avoided in remaining compliant with the technology |
| 37 | technology standards implicated by the usage of any of the Licensed Software, | 36 | standards implicated by the usage of any of the Licensed Software, including |
| 38 | including optional implementation of the standards, on technical but not | 37 | optional implementation of the standards, on technical but not commercial |
| 39 | commercial grounds, taking into account normal technical practice and the state | 38 | grounds, taking into account normal technical practice and the state of the art |
| 40 | of the art generally available at the time of standardization. | 39 | generally available at the time of standardization. |
| 41 | 40 | ||
| 42 | 1.3. "Intellectual Property Rights" means any and all rights under | 41 | 1.3. "Intellectual Property Rights" means any and all rights under statute, |
| 43 | statute, common law or equity in and under copyrights, trade secrets, and | 42 | common law or equity in and under copyrights, trade secrets, and patents |
| 44 | patents (including utility models), and analogous rights throughout the world, | 43 | (including utility models), and analogous rights throughout the world, |
| 45 | including any applications for and the right to apply for, any of the | 44 | including any applications for and the right to apply for, any of the |
| 46 | foregoing. | 45 | foregoing. |
| 47 | 46 | ||
| 48 | 1.4. "Software Content Register" means the documentation | 47 | 1.4. "Software Content Register" means the documentation accompanying the |
| 49 | accompanying the Licensed Software which identifies the contents of the | 48 | Licensed Software which identifies the contents of the Licensed Software, |
| 50 | Licensed Software, including but not limited to identification of any Third | 49 | including but not limited to identification of any Third Party Software. |
| 51 | Party Software. | ||
| 52 | 50 | ||
| 53 | 1.5. "Third Party Software" means, any software included in the | 51 | 1.5. "Third Party Software" means, any software included in the Licensed |
| 54 | Licensed Software that is not NXP Proprietary software, and is not open source | 52 | Software that is not NXP Proprietary software, and is not open source |
| 55 | software, and to which different license terms may apply. | 53 | software, and to which different license terms may apply. |
| 56 | 54 | ||
| 57 | 2. LICENSE GRANT. | 55 | 2. LICENSE GRANT. |
| 58 | 56 | ||
| 59 | 2.1. Separate license grants to Third Party Software, or other | 57 | 2.1. Separate license grants to Third Party Software, or other terms applicable |
| 60 | terms applicable to the Licensed Software if different from those granted in | 58 | to the Licensed Software if different from those granted in this Section 2, are |
| 61 | this Section 2, are contained in Appendix A. The Licensed Software is | 59 | contained in Appendix A. The Licensed Software is accompanied by a Software |
| 62 | accompanied by a Software Content Register which will identify that portion of | 60 | Content Register which will identify that portion of the Licensed Software, if |
| 63 | the Licensed Software, if any, that is subject to the different terms in | 61 | any, that is subject to the different terms in Appendix A. |
| 64 | Appendix A. | ||
| 65 | 62 | ||
| 66 | 2.2. Exclusively in connection with your development and | 63 | 2.2. Exclusively in connection with your development and distribution of |
| 67 | distribution of product containing a programmable processing unit (e.g. a | 64 | product containing a programmable processing unit (e.g. a microprocessor, |
| 68 | microprocessor, microcontroller, sensor or digital signal processor) supplied | 65 | microcontroller, sensor or digital signal processor) supplied directly or |
| 69 | directly or indirectly from NXP ("Authorized System") NXP grants you a | 66 | indirectly from NXP ("Authorized System") NXP grants you a world-wide, |
| 70 | world-wide, personal, non-transferable, non-exclusive, non-sublicensable, | 67 | personal, non-transferable, non-exclusive, non-sublicensable, license, under |
| 71 | license, under NXP's Intellectual Property Rights: | 68 | NXP's Intellectual Property Rights: |
| 72 | 69 | ||
| 73 | (a) to use and reproduce the Licensed Software only as part of, or | 70 | (a) to use and reproduce the Licensed Software only as part of, or |
| 74 | integrated within, Authorized Systems and not on a standalone basis; | 71 | integrated within, Authorized Systems and not on a standalone basis; |
| 75 | 72 | ||
| 76 | (b) to directly or indirectly manufacture, demonstrate, copy, distribute, | 73 | (b) to directly or indirectly manufacture, demonstrate, copy, distribute, |
| 77 | market and sell the Licensed Software in object code (machine readable) only as | 74 | market and sell the Licensed Software in object code (machine readable) only as |
| 78 | part of, or embedded within, Authorized Systems in object code form and not on | 75 | part of, or embedded within, Authorized Systems in object code form and not on |
| 79 | a standalone basis. Notwithstanding the foregoing, those files marked as .h | 76 | a standalone basis. Notwithstanding the foregoing, those files marked as .h |
| 80 | files ("Header files") may be distributed in source or object code form, but | 77 | files ("Header files") may be distributed in source or object code form, but |
| 81 | only as part of, or embedded within Authorized Systems. | 78 | only as part of, or embedded within Authorized Systems. |
| 82 | 79 | ||
| 83 | (c) to copy, use and distribute as needed, solely in connection with an | 80 | (c) to copy, use and distribute as needed, solely in connection with an |
| 84 | Authorized System, proprietary NXP information associated with the Licensed | 81 | Authorized System, proprietary NXP information associated with the Licensed |
| 85 | Software for the purpose of developing, maintaining and supporting Authorized | 82 | Software for the purpose of developing, maintaining and supporting Authorized |
| 86 | Systems with which the Licensed Software is integrated or associated. | 83 | Systems with which the Licensed Software is integrated or associated. |
| 87 | 84 | ||
| 88 | 2.3. For NXP Licensed Software provided to you in source code form | 85 | 2.3. For NXP Licensed Software provided to you in source code form (human |
| 89 | (human readable), NXP further grants to you a worldwide, personal, | 86 | readable), NXP further grants to you a worldwide, personal, non-transferable, |
| 90 | non-transferable, non-exclusive, non-sublicensable, license, under NXP's | 87 | non-exclusive, non-sublicensable, license, under NXP's Intellectual Property |
| 91 | Intellectual Property Rights: | 88 | Rights: |
| 92 | 89 | ||
| 93 | (a) to prepare derivative works of the Licensed Software, only as part of, | 90 | (a) to prepare derivative works of the Licensed Software, only as part of, |
| 94 | or integrated within, Authorized Systems and not on a standalone basis; | 91 | or integrated within, Authorized Systems and not on a standalone basis; |
| 95 | 92 | ||
| 96 | (b) to use, demonstrate, copy, distribute, market and sell the derivative | 93 | (b) to use, demonstrate, copy, distribute, market and sell the derivative |
| @@ -100,137 +97,135 @@ Notwithstanding the foregoing, those files marked as .h files ("Header files") | |||
| 100 | may be distributed in source or object code form, but only as part of, or | 97 | may be distributed in source or object code form, but only as part of, or |
| 101 | embedded within Authorized Systems. | 98 | embedded within Authorized Systems. |
| 102 | 99 | ||
| 103 | 2.4. You may use subcontractors on your premises to exercise your | 100 | 2.4. You may use subcontractors on your premises to exercise your rights under |
| 104 | rights under Section 2.2 and 2.3 so long as you have an agreement in place with | 101 | Section 2.2 and 2.3 so long as you have an agreement in place with the |
| 105 | the subcontractor containing confidentiality restrictions no less stringent | 102 | subcontractor containing confidentiality restrictions no less stringent than |
| 106 | than those contained in this Agreement. You will remain liable for your | 103 | those contained in this Agreement. You will remain liable for your |
| 107 | subcontractors' adherence to the terms of this Agreement and for any and all | 104 | subcontractors' adherence to the terms of this Agreement and for any and all |
| 108 | acts and omissions of such subcontractors with respect to this Agreement and | 105 | acts and omissions of such subcontractors with respect to this Agreement and |
| 109 | the Licensed Software. | 106 | the Licensed Software. |
| 110 | 107 | ||
| 111 | 3. LICENSE LIMITATIONS AND RESTRICTIONS. | 108 | 3. LICENSE LIMITATIONS AND RESTRICTIONS. |
| 112 | 109 | ||
| 113 | 3.1. The licenses granted above in Section 2.3 only extend to NXP | 110 | 3.1. The licenses granted above in Section 2.3 only extend to NXP intellectual |
| 114 | intellectual property rights that would be infringed by the Licensed Software | 111 | property rights that would be infringed by the Licensed Software prior to your |
| 115 | prior to your preparation of any derivative work. | 112 | preparation of any derivative work. |
| 116 | 113 | ||
| 117 | 3.2. The Licensed Software is licensed to you, not sold. Title to | 114 | 3.2. The Licensed Software is licensed to you, not sold. Title to Licensed |
| 118 | Licensed Software delivered hereunder remains vested in NXP or NXP's licensor | 115 | Software delivered hereunder remains vested in NXP or NXP's licensor and |
| 119 | and cannot be assigned or transferred. You are expressly forbidden from | 116 | cannot be assigned or transferred. You are expressly forbidden from selling or |
| 120 | selling or otherwise distributing the Licensed Software, or any portion | 117 | otherwise distributing the Licensed Software, or any portion thereof, except as |
| 121 | thereof, except as expressly permitted herein. This Agreement does not grant | 118 | expressly permitted herein. This Agreement does not grant to you any implied |
| 122 | to you any implied rights under any NXP or third party intellectual property. | 119 | rights under any NXP or third party intellectual property. |
| 123 | 120 | ||
| 124 | 3.3. You may not translate, reverse engineer, decompile, or | 121 | 3.3. You may not translate, reverse engineer, decompile, or disassemble the |
| 125 | disassemble the Licensed Software except to the extent applicable law | ||
| 126 | specifically prohibits such restriction. You must prohibit your sub-licensees | ||
| 127 | from translating, reverse engineering, decompiling, or disassembling the | ||
| 128 | Licensed Software except to the extent applicable law specifically prohibits | 122 | Licensed Software except to the extent applicable law specifically prohibits |
| 129 | such restriction. | 123 | such restriction. You must prohibit your sublicensees from translating, |
| 130 | 124 | reverse engineering, decompiling, or disassembling the Licensed Software except | |
| 131 | 3.4. You must reproduce any and all of NXP's (or its third party | 125 | to the extent applicable law specifically prohibits such restriction. |
| 132 | licensor's) copyright notices and other proprietary legends on copies of | 126 | |
| 133 | Licensed Software. | 127 | 3.4. You must reproduce any and all of NXP's (or its third party licensor's) |
| 134 | 128 | copyright notices and other proprietary legends on copies of Licensed Software. | |
| 135 | 3.5. If you distribute the Licensed Software to the United States | 129 | |
| 136 | Government, then the Licensed Software is "restricted computer software" and | 130 | 3.5. If you distribute the Licensed Software to the United States Government, |
| 137 | is subject to FAR 52.227-19 (c)(1) and (c)(2). | 131 | then the Licensed Software is "restricted computer software" and is subject to |
| 138 | 132 | FAR 52.227-19 (c)(1) and (c)(2). | |
| 139 | 3.6. You grant to NXP a non-exclusive, non-transferable, | 133 | |
| 140 | irrevocable, perpetual, worldwide, royalty-free, sub-licensable license under | 134 | 3.6. You grant to NXP a non-exclusive, non-transferable, irrevocable, |
| 141 | your Intellectual Property Rights to use without restriction and for any | 135 | perpetual, worldwide, royalty-free, sub-licensable license under your |
| 142 | purpose any suggestion, comment or other feedback related to the Licensed | 136 | Intellectual Property Rights to use without restriction and for any purpose any |
| 143 | Software (including, but not limited to, error corrections and bug fixes). | 137 | suggestion, comment or other feedback related to the Licensed Software |
| 144 | 138 | (including, but not limited to, error corrections and bug fixes). | |
| 145 | 3.7. You will not take or fail to take any action that could | 139 | |
| 146 | subject the Licensed Software to an Excluded License. An Excluded License means | 140 | 3.7. You will not take or fail to take any action that could subject the |
| 147 | any license that requires, as a condition of use, modification or distribution | 141 | Licensed Software to an Excluded License. An Excluded License means any license |
| 148 | of software subject to the Excluded License, that such software or other | 142 | that requires, as a condition of use, modification or distribution of software |
| 149 | software combined and/or distributed with the software be (i) disclosed or | 143 | subject to the Excluded License, that such software or other software combined |
| 150 | distributed in source code form; (ii) licensed for the purpose of making | 144 | and/or distributed with the software be (i) disclosed or distributed in source |
| 151 | derivative works; or (iii) redistributable at no charge. | 145 | code form; (ii) licensed for the purpose of making derivative works; or (iii) |
| 152 | 146 | redistributable at no charge. | |
| 153 | 3.8. You may not publish or distribute information, results or data | 147 | |
| 154 | associated with the use of the Licensed Software to anyone other than NXP; | 148 | 3.8. You may not publish or distribute information, results or data associated |
| 155 | however, you must advise NXP of any results obtained including any problems or | 149 | with the use of the Licensed Software to anyone other than NXP; however, you |
| 156 | suggested improvements thereof. NXP retains the right to use such results and | 150 | must advise NXP of any results obtained including any problems or suggested |
| 157 | related information in any manner it deems appropriate. | 151 | improvements thereof. NXP retains the right to use such results and related |
| 158 | 152 | information in any manner it deems appropriate. | |
| 159 | 4. OPEN SOURCE. Open source software included in the Licensed | 153 | |
| 160 | Software is not licensed under the terms of this Agreement, but is instead | 154 | 4. OPEN SOURCE. Open source software included |
| 161 | licensed under the terms of the applicable open source license(s), such as the | 155 | in the Licensed Software is not licensed under the terms of this Agreement, |
| 162 | BSD License, Apache License or the GNU Lesser General Public License. Your use | 156 | but is instead licensed under the terms of the applicable open source |
| 163 | of the open source software is subject to the terms of each applicable license. | 157 | license(s), such as the BSD License, Apache License or the GNU Lesser General |
| 164 | You must agree to the terms of each applicable license, or you cannot use the | 158 | Public License. Your use of the open source software is subject to the terms |
| 165 | open source software. | 159 | of each applicable license. You must agree to the terms of each applicable |
| 166 | 160 | license, or you cannot use the open source software. | |
| 167 | 5. INTELLECTUAL PROPERTY RIGHTS. Subject to NXP's ownership interest | 161 | |
| 168 | in the underlying Licensed Software, all intellectual property rights | 162 | 5. INTELLECTUAL PROPERTY RIGHTS. Subject to NXP's |
| 169 | associated with, and title to, your Authorized System will be retained by or | 163 | ownership interest in the underlying Licensed Software, all intellectual |
| 170 | will vest in you. Your modifications to the Licensed Software, and all | 164 | property rights associated with, and title to, your Authorized System will |
| 171 | intellectual property rights associated with, and title thereto, will be the | 165 | be retained by or will vest in you. Your modifications to the Licensed |
| 172 | property of NXP. Upon request, you must provide NXP the source code of any | 166 | Software, and all intellectual property rights associated with, and title |
| 173 | derivative of the Licensed Software. You agree to assign all, and hereby do | 167 | thereto, will be the property of NXP. Upon request, you must provide NXP |
| 174 | assign all rights, title, and interest to any such modifications to the | 168 | the source code of any derivative of the Licensed Software. You agree to |
| 175 | Licensed Software to NXP and agree to provide all assistance reasonably | 169 | assign all, and hereby do assign all rights, title, and interest to any such |
| 176 | requested by NXP to establish, preserve or enforce such right. Further, you | 170 | modifications to the Licensed Software to NXP and agree to provide all |
| 177 | agree to waive all moral rights relating to your modifications to the Licensed | 171 | assistance reasonably requested by NXP to establish, preserve or enforce such |
| 178 | Software, including, without limitation, all rights of identification of | 172 | right. Further, you agree to waive all moral rights relating to your |
| 179 | authorship and all rights of approval, restriction, or limitation on use or | 173 | modifications to the Licensed Software, including, without limitation, all |
| 180 | subsequent modification. Notwithstanding the foregoing, you will have the | 174 | rights of identification of authorship and all rights of approval, restriction, |
| 181 | license rights granted in Section 2 hereto to any such modifications made by | 175 | or limitation on use or subsequent modification. Notwithstanding the |
| 182 | you or your licensees. | 176 | foregoing, you will have the license rights granted in Section 2 hereto to any |
| 183 | 177 | such modifications made by you or your licensees. | |
| 184 | 6. PATENT COVENANT NOT TO SUE. As partial, material consideration for the | 178 | |
| 185 | rights granted to you under this Agreement, you covenant not to sue or | 179 | 6. PATENT COVENANT NOT TO SUE. As partial, material |
| 186 | otherwise assert your patents against NXP, a NXP Affiliate or subsidiary, or | 180 | consideration for the rights granted to you under this Agreement, you covenant |
| 187 | a NXP licensee of the Licensed Software for infringement of your Intellectual | 181 | not to sue or otherwise assert your patents against NXP, a NXP Affiliate or |
| 188 | Property Rights by the manufacture, use, sale, offer for sale, importation or | 182 | subsidiary, or a NXP licensee of the Licensed Software for infringement of your |
| 189 | other disposition or promotion of the Licensed Software and/or any | 183 | Intellectual Property Rights by the manufacture, use, sale, offer for sale, |
| 190 | redistributed portions of the Licensed Software. | 184 | importation or other disposition or promotion of the Licensed Software and/or |
| 191 | 185 | any redistributed portions of the Licensed Software. | |
| 192 | 7. ESSENTIAL PATENTS. You are solely responsible for obtaining licenses | 186 | |
| 193 | for any relevant Essential Patents for your use in connection with technology | 187 | 7. ESSENTIAL PATENTS. You are solely responsible for |
| 194 | that you incorporate into your product (whether as part of the Licensed | 188 | obtaining licenses for any relevant Essential Patents for your use in |
| 195 | Software or not). | 189 | connection with technology that you incorporate into your product (whether as |
| 196 | 190 | part of the Licensed Software or not). | |
| 197 | 8. TERM AND TERMINATION. This Agreement will remain in effect unless | 191 | |
| 198 | terminated as provided in this Section 8. | 192 | 8. TERM AND TERMINATION. This Agreement will remain in |
| 199 | 193 | effect unless terminated as provided in this Section 8. | |
| 200 | 8.1. You may terminate this Agreement immediately upon written | 194 | |
| 201 | notice to NXP at the address provided below. | 195 | 8.1. You may terminate this Agreement immediately upon written notice to NXP at |
| 202 | 196 | the address provided below. | |
| 203 | 8.2. Either party may terminate this Agreement if the other party | 197 | |
| 204 | is in default of any of the terms and conditions of this Agreement, and | 198 | 8.2. Either party may terminate this Agreement if the other party is in default |
| 205 | termination is effective if the defaulting party fails to correct such default | 199 | of any of the terms and conditions of this Agreement, and termination is |
| 206 | within 30 days after written notice thereof by the non-defaulting party to the | 200 | effective if the defaulting party fails to correct such default within 30 days |
| 207 | defaulting party at the address below. | 201 | after written notice thereof by the non-defaulting party to the defaulting |
| 208 | 202 | party at the address below. | |
| 209 | 8.3. Notwithstanding the foregoing, NXP may terminate this | 203 | |
| 210 | Agreement immediately upon written notice if you: breach any of your | 204 | 8.3. Notwithstanding the foregoing, NXP may terminate this Agreement |
| 211 | confidentiality obligations or the license restrictions under this Agreement; | 205 | immediately upon written notice if you: breach any of your confidentiality |
| 212 | become bankrupt, insolvent, or file a petition for bankruptcy or insolvency, | 206 | obligations or the license restrictions under this Agreement; become bankrupt, |
| 213 | make an assignment for the benefit of its creditors; enter proceedings for | 207 | insolvent, or file a petition for bankruptcy or insolvency, make an assignment |
| 214 | winding up or dissolution ;are dissolved; or are nationalized or become subject | 208 | for the benefit of its creditors; enter proceedings for winding up or |
| 215 | to the expropriation of all or substantially all of its business or assets. | 209 | dissolution ;are dissolved; or are nationalized or become subject to the |
| 216 | 210 | expropriation of all or substantially all of its business or assets. | |
| 217 | 8.4. Upon termination of this Agreement, all licenses granted under | 211 | |
| 218 | Section 2 will expire, except that any licenses extended to end-users pursuant | 212 | 8.4. Upon termination of this Agreement, all licenses granted under Section 2 |
| 219 | to Sections 2.2(b), 2.2(c), and 2.3(b), which have been granted prior to such | 213 | will expire, except that any licenses extended to end-users pursuant to |
| 214 | Sections 2.2(b), 2.2(c), and 2.3(b), which have been granted prior to such | ||
| 220 | termination will survive. | 215 | termination will survive. |
| 221 | 216 | ||
| 222 | 8.5. After termination of this Agreement by either party and upon | 217 | 8.5. After termination of this Agreement by either party and upon NXP's written |
| 223 | NXP's written request, you will, at your discretion, return to the NXP any | 218 | request, you will, at your discretion, return to the NXP any confidential |
| 224 | confidential information including all copies thereof or furnish to NXP at | 219 | information including all copies thereof or furnish to NXP at the address |
| 225 | the address below, a statement certifying, with respect to the Licensed | 220 | below, a statement certifying, with respect to the Licensed Software delivered |
| 226 | Software delivered hereunder that the original and all copies, except for | 221 | hereunder that the original and all copies, except for archival copies to be |
| 227 | archival copies to be used solely for dispute resolution purposes, in whole or | 222 | used solely for dispute resolution purposes, in whole or in part, in any form, |
| 228 | in part, in any form, of the Licensed Software have been destroyed. | 223 | of the Licensed Software have been destroyed. |
| 229 | 224 | ||
| 230 | 8.6. Notwithstanding the termination of this Agreement for any | 225 | 8.6. Notwithstanding the termination of this Agreement for any reason, the |
| 231 | reason, the terms of Sections 1, 3, 5 through 25 will survive. | 226 | terms of Sections 1, 3, 5 through 25 will survive. |
| 232 | 227 | ||
| 233 | 9. SUPPORT. NXP is not obligated to provide any support, | 228 | 9. SUPPORT. NXP is not obligated to provide any support, |
| 234 | upgrades or new releases of the Licensed Software under this Agreement. If you | 229 | upgrades or new releases of the Licensed Software under this Agreement. If you |
| 235 | wish, you may contact NXP and report problems and provide suggestions regarding | 230 | wish, you may contact NXP and report problems and provide suggestions regarding |
| 236 | the Licensed Software. NXP has no obligation to respond to such a problem | 231 | the Licensed Software. NXP has no obligation to respond to such a problem |
| @@ -238,22 +233,22 @@ report or suggestion. NXP may make changes to the Licensed Software at any | |||
| 238 | time, without any obligation to notify or provide updated versions of the | 233 | time, without any obligation to notify or provide updated versions of the |
| 239 | Licensed Software to you. | 234 | Licensed Software to you. |
| 240 | 235 | ||
| 241 | 10. NO WARRANTY. To the maximum extent permitted by law, | 236 | 10. NO WARRANTY. To the maximum extent permitted by law, NXP |
| 242 | NXP expressly disclaims any warranty for the Licensed Software. The Licensed | 237 | expressly disclaims any warranty for the Licensed Software. The Licensed |
| 243 | Software is provided "AS IS", without warranty of any kind, either express or | 238 | Software is provided "AS ISh, without warranty of any kind, either express or |
| 244 | implied, including without limitation the implied warranties of | 239 | implied, including without limitation the implied warranties of |
| 245 | merchantability, fitness for a particular purpose, or non-infringement. You | 240 | merchantability, fitness for a particular purpose, or non-infringement. You |
| 246 | assume the entire risk arising out of the use or performance of the licensed | 241 | assume the entire risk arising out of the use or performance of the licensed |
| 247 | software, or any systems you design using the licensed software (if any). | 242 | software, or any systems you design using the licensed software (if any). |
| 248 | 243 | ||
| 249 | 11. INDEMNITY. You agree to fully defend and indemnify NXP from | 244 | 11. INDEMNITY. You agree to fully defend and indemnify NXP |
| 250 | all claims, liabilities, and costs (including reasonable attorney's fees) | 245 | from all claims, liabilities, and costs (including reasonable attorney's fees) |
| 251 | related to (1) your use (including your contractors or distributee's use, if | 246 | related to (1) your use (including your contractors or distributee's use, if |
| 252 | permitted) of the Licensed Software or (2) your violation of the terms and | 247 | permitted) of the Licensed Software or (2) your violation of the terms and |
| 253 | conditions of this Agreement. | 248 | conditions of this Agreement. |
| 254 | 249 | ||
| 255 | 12. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A BREACH | 250 | 12. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A |
| 256 | OF SECTION 2 (LICENSE GRANTS), SECTION 3 (LICENSE LIMITATIONS AND | 251 | BREACH OF SECTION 2 (LICENSE GRANTS), SECTION 3 (LICENSE LIMITATIONS AND |
| 257 | RESTRICTIONS), SECTION 17 (CONFIDENTIAL INFORMATION), OR CLAIMS UNDER SECTION | 252 | RESTRICTIONS), SECTION 17 (CONFIDENTIAL INFORMATION), OR CLAIMS UNDER SECTION |
| 258 | 11(INDEMNITY), IN NO EVENT WILL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, | 253 | 11(INDEMNITY), IN NO EVENT WILL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, |
| 259 | TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR | 254 | TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR |
| @@ -265,76 +260,76 @@ OR IN CONNECTION WITH THIS AGREEMENT OR PRODUCT(S) SUPPLIED UNDER THIS | |||
| 265 | AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU TO NXP IN CONNECTION | 260 | AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU TO NXP IN CONNECTION |
| 266 | WITH THE LICENSED SOFTWARE TO WHICH LOSSES OR DAMAGES ARE CLAIMED. | 261 | WITH THE LICENSED SOFTWARE TO WHICH LOSSES OR DAMAGES ARE CLAIMED. |
| 267 | 262 | ||
| 268 | 263 | 13. EXPORT COMPLIANCE. Each party shall comply with all | |
| 269 | 13. EXPORT COMPLIANCE. Each party shall comply with all | ||
| 270 | applicable export and import control laws and regulations including but not | 264 | applicable export and import control laws and regulations including but not |
| 271 | limited to the US Export Administration Regulations (including prohibited | 265 | limited to the US Export Administration Regulations (including prohibited party |
| 272 | party lists issued by other federal governments), Catch-all regulations and | 266 | lists issued by other federal governments), Catch-all regulations and all |
| 273 | all national and international embargoes. Each party further agrees that it | 267 | national and international embargoes. Each party further agrees that it will |
| 274 | will not knowingly transfer, divert, export or re-export, directly or | 268 | not knowingly transfer, divert, export or re-export, directly or indirectly, |
| 275 | indirectly, any product, software, including software source code, or | 269 | any product, software, including software source code, or technology restricted |
| 276 | technology restricted by such regulations or by other applicable national | 270 | by such regulations or by other applicable national regulations, received from |
| 277 | regulations, received from the other party under this Agreement, or any direct | 271 | the other party under this Agreement, or any direct product of such software or |
| 278 | product of such software or technical data to any person, firm, entity, | 272 | technical data to any person, firm, entity, country or destination to which |
| 279 | country or destination to which such transfer, diversion, export or re-export | 273 | such transfer, diversion, export or re-export is restricted or prohibited, |
| 280 | is restricted or prohibited, without obtaining prior written authorization | 274 | without obtaining prior written authorization from the applicable competent |
| 281 | from the applicable competent government authorities to the extent required | 275 | government authorities to the extent required by those laws. |
| 282 | by those laws. | 276 | |
| 283 | 277 | 14. GOVERNMENT CONTRACT COMPLIANCE. | |
| 284 | 14. GOVERNMENT CONTRACT COMPLIANCE. | 278 | |
| 285 | 279 | 14.1. If you sell Authorized Systems directly to any | |
| 286 | 14.1. If you sell Authorized Systems directly to any government or | 280 | government or public entity, including U.S., state, local, foreign or |
| 287 | public entity, including U.S., state, local, foreign or international | 281 | international governments or public entities, or indirectly via a prime |
| 288 | governments or public entities, or indirectly via a prime contractor or | 282 | contractor or subcontractor of such governments or entities, NXP makes no |
| 289 | subcontractor of such governments or entities, NXP makes no representations, | 283 | representations, certifications, or warranties whatsoever about compliance with |
| 290 | certifications, or warranties whatsoever about compliance with government or | 284 | government or public entity acquisition statutes or regulations, including, |
| 291 | public entity acquisition statutes or regulations, including, without | 285 | without limitation, statutes or regulations that may relate to pricing, |
| 292 | limitation, statutes or regulations that may relate to pricing, quality, | 286 | quality, origin or content. |
| 293 | origin or content. | 287 | |
| 294 | 288 | 14.2. The Licensed Software has been developed at private | |
| 295 | 14.2. The Licensed Software has been developed at private expense and | 289 | expense and is a "Commercial Item" as defined in 48 C.F.R. Section 2.101, |
| 296 | is a "Commercial Item" as defined in 48 C.F.R. §2.101, consisting of | 290 | consisting of "Commercial Computer Software", and/or "Commercial Computer |
| 297 | "Commercial Computer Software", and/or "Commercial Computer Software | 291 | Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 (or |
| 298 | Documentation," as such terms are used in 48 C.F.R. §12.212 (or 48 C.F.R. | 292 | 48 C.F.R. Section 227.7202, as applicable) and may only be licensed to or |
| 299 | §227.7202, as applicable) and may only be licensed to or shared with U.S. | 293 | shared with U.S. Government end users in object code form as part of, or |
| 300 | Government end users in object code form as part of, or embedded within, | 294 | embedded within, Authorized Systems. Any agreement pursuant to which you share |
| 301 | Authorized Systems. Any agreement pursuant to which you share the Licensed | 295 | the Licensed Software will include a provision that reiterates the limitations |
| 302 | Software will include a provision that reiterates the limitations of this | 296 | of this document and requires all sub-agreements to similarly contain such |
| 303 | document and requires all sub-agreements to similarly contain such limitations. | 297 | limitations. |
| 304 | 298 | ||
| 305 | 15. SAFETY CRITICAL APPLICATIONS | 299 | 15. SAFETY CRITICAL APPLICATIONS |
| 306 | 300 | ||
| 307 | 15.1. In some cases, NXP may promote certain Licensed Software for use | 301 | 15.1. In some cases, NXP may promote certain Licensed |
| 308 | in safety-related applications. NXP's goal is to educate licensees so that they | 302 | Software for use in safety-related applications. NXP's goal is to educate |
| 309 | can design their own end-product solutions to meet applicable functional safety | 303 | licensees so that they can design their own end-product solutions to meet |
| 310 | standards and requirements. You make the ultimate design decisions regarding | 304 | applicable functional safety standards and requirements. You make the ultimate |
| 311 | your products and are solely responsible for compliance with all legal, | 305 | design decisions regarding your products and are solely responsible for |
| 312 | regulatory, safety, and security related requirements concerning your products, | 306 | compliance with all legal, regulatory, safety, and security related |
| 313 | regardless of any information or support that may be provided by NXP. | 307 | requirements concerning your products, regardless of any information or support |
| 314 | Accordingly, you will indemnify and hold NXP harmless from any claims, | 308 | that may be provided by NXP. Accordingly, you will indemnify and hold NXP |
| 315 | liabilities, damages and associated costs and expenses (including attorneys' | 309 | harmless from any claims, liabilities, damages and associated costs and |
| 316 | fees) that NXP may incur related to your incorporation of any product in a | 310 | expenses (including attorneys' fees) that NXP may incur related to your |
| 317 | safety-critical application or system. | 311 | incorporation of any product in a safety-critical application or system. |
| 318 | 312 | ||
| 319 | 15.2. Only Licensed Software that NXP has specifically designated as | 313 | 15.2. Only Licensed Software that NXP has specifically |
| 320 | "Automotive Qualified" is intended for use in automotive, military, or | 314 | designated as "Automotive Qualified" is intended for use in automotive, |
| 321 | aerospace applications or environments. If you use Licensed Software that has | 315 | military, or aerospace applications or environments. If you use Licensed |
| 322 | not been designated as "Automotive Qualified" in an automotive, military, or | 316 | Software that has not been designated as "Automotive Qualified" in an |
| 323 | aerospace application or environment, you do so at your own risk. | 317 | automotive, military, or aerospace application or environment, you do so at |
| 324 | 318 | your own risk. | |
| 325 | 15.3. Licensed Software is not intended or authorized for any use in | 319 | |
| 326 | anti-personnel landmines. | 320 | 15.3. Licensed Software is not intended or authorized for |
| 327 | 321 | any use in anti-personnel landmines. | |
| 328 | 16. CHOICE OF LAW; VENUE. This Agreement will be governed by, | 322 | |
| 329 | construed, and enforced in accordance with the laws of the State of Texas, USA, | 323 | 16. CHOICE OF LAW; VENUE. This Agreement will be governed |
| 330 | without regard to conflicts of laws principles, will apply to all matters | 324 | by, construed, and enforced in accordance with the laws of the State of Texas, |
| 325 | USA, without regard to conflicts of laws principles, will apply to all matters | ||
| 331 | relating to this Agreement or the Licensed Software, and you agree that any | 326 | relating to this Agreement or the Licensed Software, and you agree that any |
| 332 | litigation will be subject to the exclusive jurisdiction of the state or | 327 | litigation will be subject to the exclusive jurisdiction of the state or |
| 333 | federal courts Texas, USA. The United Nations Convention on Contracts for | 328 | federal courts Texas, USA. The United Nations Convention on Contracts for the |
| 334 | the International Sale of Goods will not apply to this document. | 329 | International Sale of Goods will not apply to this document. |
| 335 | 330 | ||
| 336 | 17. CONFIDENTIAL INFORMATION. Subject to the license grants and | 331 | 17. CONFIDENTIAL INFORMATION. Subject to the license grants |
| 337 | restrictions contained herein, you must treat the Licensed Software as | 332 | and restrictions contained herein, you must treat the Licensed Software as |
| 338 | confidential information and you agree to retain the Licensed Software in | 333 | confidential information and you agree to retain the Licensed Software in |
| 339 | confidence perpetually, with respect to Licensed Software in source code form | 334 | confidence perpetually, with respect to Licensed Software in source code form |
| 340 | (human readable), or for a period of five (5) years from the date of | 335 | (human readable), or for a period of five (5) years from the date of |
| @@ -351,17 +346,17 @@ NXP of such requirement prior to disclosure, which you only disclose | |||
| 351 | information required, and that you allow NXP the opportunity to object to such | 346 | information required, and that you allow NXP the opportunity to object to such |
| 352 | court or other legal body requiring such disclosure. | 347 | court or other legal body requiring such disclosure. |
| 353 | 348 | ||
| 354 | 18. TRADEMARKS. You are not authorized to use any NXP | 349 | 18. TRADEMARKS. You are not authorized to use any NXP |
| 355 | trademarks, brand names, or logos. | 350 | trademarks, brand names, or logos. |
| 356 | 351 | ||
| 357 | 19. ENTIRE AGREEMENT. This Agreement constitutes the entire | 352 | 19. ENTIRE AGREEMENT. This Agreement constitutes the entire |
| 358 | agreement between you and NXP regarding the subject matter of this Agreement, | 353 | agreement between you and NXP regarding the subject matter of this Agreement, |
| 359 | and supersedes all prior communications, negotiations, understandings, | 354 | and supersedes all prior communications, negotiations, understandings, |
| 360 | agreements or representations, either written or oral, if any. This Agreement | 355 | agreements or representations, either written or oral, if any. This Agreement |
| 361 | may only be amended in written form, signed by you and NXP. | 356 | may only be amended in written form, signed by you and NXP. |
| 362 | 357 | ||
| 363 | 20. SEVERABILITY. If any provision of this Agreement is held for | 358 | 20. SEVERABILITY. If any provision of this Agreement is held |
| 364 | any reason to be invalid or unenforceable, then the remaining provisions of | 359 | for any reason to be invalid or unenforceable, then the remaining provisions of |
| 365 | this Agreement will be unimpaired and, unless a modification or replacement of | 360 | this Agreement will be unimpaired and, unless a modification or replacement of |
| 366 | the invalid or unenforceable provision is further held to deprive you or NXP of | 361 | the invalid or unenforceable provision is further held to deprive you or NXP of |
| 367 | a material benefit, in which case the Agreement will immediately terminate, the | 362 | a material benefit, in which case the Agreement will immediately terminate, the |
| @@ -369,13 +364,13 @@ invalid or unenforceable provision will be replaced with a provision that is | |||
| 369 | valid and enforceable and that comes closest to the intention underlying the | 364 | valid and enforceable and that comes closest to the intention underlying the |
| 370 | invalid or unenforceable provision. | 365 | invalid or unenforceable provision. |
| 371 | 366 | ||
| 372 | 21. NO WAIVER. The waiver by NXP of any breach of any provision | 367 | 21. NO WAIVER. The waiver by NXP of any breach of any |
| 373 | of this Agreement will not operate or be construed as a waiver of any other or | 368 | provision of this Agreement will not operate or be construed as a waiver of any |
| 374 | a subsequent breach of the same or a different provision. | 369 | other or a subsequent breach of the same or a different provision. |
| 375 | 370 | ||
| 376 | 22. AUDIT. You will keep full, clear and accurate records with | 371 | 22. AUDIT. You will keep full, clear and accurate records |
| 377 | respect to your compliance with the limited license rights granted under this | 372 | with respect to your compliance with the limited license rights granted under |
| 378 | Agreement for three years following expiration or termination of this | 373 | this Agreement for three years following expiration or termination of this |
| 379 | Agreement. NXP will have the right, either itself or through an independent | 374 | Agreement. NXP will have the right, either itself or through an independent |
| 380 | certified public accountant to examine and audit, at NXP's expense, not more | 375 | certified public accountant to examine and audit, at NXP's expense, not more |
| 381 | than once a year, and during normal business hours, all such records that may | 376 | than once a year, and during normal business hours, all such records that may |
| @@ -383,31 +378,28 @@ bear upon your compliance with the limited license rights granted above. You | |||
| 383 | must make prompt adjustment to compensate for any errors and/or omissions | 378 | must make prompt adjustment to compensate for any errors and/or omissions |
| 384 | disclosed by such examination or audit. | 379 | disclosed by such examination or audit. |
| 385 | 380 | ||
| 386 | 23. NOTICES. All notices and communications under | 381 | 23. NOTICES. All notices and communications under |
| 387 | this Agreement will be made in writing, and will be effective when received | 382 | this Agreement will be made in writing, and will be effective when received at |
| 388 | at the following addresses: | 383 | the following addresses: |
| 389 | 384 | ||
| 390 | NXP: Freescale Semiconductor, Inc. | 385 | NXP: Freescale Semiconductor, Inc. |
| 386 | 6501 William Cannon West OE62 | ||
| 387 | Austin, Texas 78735 | ||
| 388 | ATTN: Legal Department | ||
| 391 | 389 | ||
| 392 | 6501 William Cannon West OE62 | 390 | You: The address provided at registration |
| 393 | 391 | will be used. | |
| 394 | Austin, Texas 78735 | ||
| 395 | |||
| 396 | ATTN: Legal Department | ||
| 397 | You: The address provided at registration will be used. | ||
| 398 | 392 | ||
| 399 | 24. RELATIONSHIP OF THE PARTIES. The parties are independent | 393 | 24. RELATIONSHIP OF THE PARTIES. The parties are |
| 400 | contractors. Nothing in this Agreement will be construed to create any | 394 | independent contractors. Nothing in this Agreement will be construed to create |
| 401 | partnership, joint venture, or similar relationship. Neither party is | 395 | any partnership, joint venture, or similar relationship. Neither party is |
| 402 | authorized to bind the other to any obligations with third parties. | 396 | authorized to bind the other to any obligations with third parties. |
| 403 | 397 | ||
| 404 | 25. SUCCESSION AND ASSIGNMENT. This Agreement will be binding | 398 | 25. SUCCESSION AND ASSIGNMENT. This Agreement will be |
| 405 | upon and inure to the benefit of the parties and their permitted successors | 399 | binding upon and inure to the benefit of the parties and their permitted |
| 406 | and assigns. You may not assign this Agreement, or any part of this Agreement, | 400 | successors and assigns. You may not assign this Agreement, or any part of this |
| 407 | without the prior written approval of NXP, which approval will not be | 401 | Agreement, without the prior written approval of NXP, which approval will not |
| 408 | unreasonably withheld or delayed. | 402 | be unreasonably withheld or delayed. |
| 409 | |||
| 410 | |||
| 411 | 403 | ||
| 412 | 404 | ||
| 413 | 405 | ||
| @@ -418,67 +410,59 @@ Other License Grants and Restrictions: | |||
| 418 | 410 | ||
| 419 | The Licensed Software may include some or all of the following software, which | 411 | The Licensed Software may include some or all of the following software, which |
| 420 | is either 1) not NXP proprietary software or 2) NXP proprietary software | 412 | is either 1) not NXP proprietary software or 2) NXP proprietary software |
| 421 | subject to different terms than those in the Agreement. If the Software Content | 413 | subject to different terms than those in the Agreement. If the Software |
| 422 | Register that accompanies the Licensed Software identifies any of the following | 414 | Content Register that accompanies the Licensed Software identifies any of the |
| 423 | Third Party Software or specific components of the NXP Proprietary Software, | 415 | following Third Party Software or specific components of the NXP Proprietary |
| 424 | the following terms apply to the extent they deviate from the terms in the | 416 | Software, the following terms apply to the extent they deviate from the terms |
| 425 | Agreement: | 417 | in the Agreement: |
| 426 | 418 | ||
| 427 | Third Party Software | 419 | Third Party Software |
| 428 | 420 | ||
| 429 | Use Restrictions | 421 | Use Restrictions |
| 430 | 422 | ||
| 431 | Atheros | 423 | Atheros |
| 432 | |||
| 433 | Use of Atheros software is limited to evaluation and demonstration only. | 424 | Use of Atheros software is limited to evaluation and demonstration only. |
| 434 | Permitted distributions must be similarly limited. Further rights must be | 425 | Permitted distributions must be similarly limited. Further rights must be |
| 435 | obtained directly from Atheros. | 426 | obtained directly from Atheros. |
| 436 | 427 | ||
| 437 | ATI (AMD) | 428 | ATI (AMD) |
| 438 | |||
| 439 | Distribution of ATI software must be a part of, or embedded within, Authorized | 429 | Distribution of ATI software must be a part of, or embedded within, Authorized |
| 440 | Systems that include a ATI graphics processor core. | 430 | Systems that include a ATI graphics processor core. |
| 441 | 431 | ||
| 442 | Broadcom Corporation | 432 | Broadcom Corporation |
| 443 | |||
| 444 | Your use of Broadcom Corporation software is restricted to Authorized Systems | 433 | Your use of Broadcom Corporation software is restricted to Authorized Systems |
| 445 | that incorporate a compatible integrated circuit device manufactured or sold by | 434 | that incorporate a compatible integrated circuit device manufactured or sold by |
| 446 | Broadcom. | 435 | Broadcom. |
| 447 | 436 | ||
| 448 | Cirque Corporation | 437 | Cirque Corporation |
| 449 | |||
| 450 | Use of Cirque Corporation technology is limited to evaluation, demonstration, | 438 | Use of Cirque Corporation technology is limited to evaluation, demonstration, |
| 451 | or certification testing only. Permitted distributions must be similarly | 439 | or certification testing only. Permitted distributions must be similarly |
| 452 | limited. Further rights, including but not limited to ANY commercial | 440 | limited. Further rights, including but not limited to ANY commercial |
| 453 | distribution rights, must be obtained directly from Cirque Corporation. | 441 | distribution rights, must be obtained directly from Cirque Corporation. |
| 454 | 442 | ||
| 455 | Coding Technologies (Dolby Labs) | 443 | Coding Technologies |
| 456 | 444 | (Dolby Labs) | |
| 457 | Use of CTS software is limited to evaluation and demonstration only. Permitted | 445 | Use of CTS software is limited to evaluation and demonstration only. Permitted |
| 458 | distributions must be similarly limited. Further rights must be obtained from | 446 | distributions must be similarly limited. Further rights must be obtained from |
| 459 | Dolby Laboratories. | 447 | Dolby Laboratories. |
| 460 | 448 | ||
| 461 | CSR | 449 | CSR |
| 462 | |||
| 463 | Use of Cambridge Silicon Radio, Inc. ("CSR") software is limited to evaluation | 450 | Use of Cambridge Silicon Radio, Inc. ("CSR") software is limited to evaluation |
| 464 | and demonstration only. Permitted distributions must be similarly limited. | 451 | and demonstration only. Permitted distributions must be similarly limited. |
| 465 | Further rights must be obtained directly from CSR. | 452 | Further rights must be obtained directly from CSR. |
| 466 | 453 | ||
| 467 | NXP Wireless Charging Library | 454 | NXP Wireless Charging Library |
| 468 | |||
| 469 | License to the Software is limited to use in inductive coupling or wireless | 455 | License to the Software is limited to use in inductive coupling or wireless |
| 470 | charging applications | 456 | charging applications |
| 471 | 457 | ||
| 472 | Global Locate (Broadcom Corporation) | 458 | Global Locate (Broadcom Corporation) |
| 473 | |||
| 474 | Use of Global Locate, Inc. software is limited to evaluation and demonstration | 459 | Use of Global Locate, Inc. software is limited to evaluation and demonstration |
| 475 | only. Permitted distributions must be similarly limited. Further rights must | 460 | only. Permitted distributions must be similarly limited. Further rights must |
| 476 | be obtained from Global Locate. | 461 | be obtained from Global Locate. |
| 477 | 462 | ||
| 478 | Imagination Technologies Limited (IMG) | 463 | Imagination Technologies Limited (IMG) |
| 479 | |||
| 480 | If the Licensed Software includes proprietary software developed by IMG, your | 464 | If the Licensed Software includes proprietary software developed by IMG, your |
| 481 | rights are limited to a non-exclusive, world-wide right and non-transferrable | 465 | rights are limited to a non-exclusive, world-wide right and nontransferrable |
| 482 | and non-sub-licensable license (i) to use and modify the Licensed Software and | 466 | and non-sub-licensable license (i) to use and modify the Licensed Software and |
| 483 | documentation and (ii) to copy and distribute the Licensed Software only in | 467 | documentation and (ii) to copy and distribute the Licensed Software only in |
| 484 | object code form solely for use on NXP Rayleigh products. If you are provided | 468 | object code form solely for use on NXP Rayleigh products. If you are provided |
| @@ -491,65 +475,58 @@ The confidentiality restrictions shall continue in force without limit in time | |||
| 491 | notwithstanding the termination or expiration of this Agreement. | 475 | notwithstanding the termination or expiration of this Agreement. |
| 492 | 476 | ||
| 493 | Micrium | 477 | Micrium |
| 494 | |||
| 495 | uC/OS-II and uC/OS-III is provided in source form for FREE short-term | 478 | uC/OS-II and uC/OS-III is provided in source form for FREE short-term |
| 496 | evaluation, for educational use or for peaceful research. If you plan or | 479 | evaluation, for educational use or for peaceful research. If you plan or |
| 497 | intend to use uC/OS-II or uC/OS-III in a commercial application/product then, | 480 | intend to use uC/OS-II or uC/OS-III in a commercial application/product then, |
| 498 | you need to contact Micrium to properly license uC/OS-II or uC/OS-III for its | 481 | you need to contact Micrium to properly license uC/OS-II or uC/OSIII for its |
| 499 | use in your application/product. We provide ALL the source code for your | 482 | use in your application/product. We provide ALL the source code for your |
| 500 | convenience and to help you experience uC/OS-II or uC/OS-III. The fact that | 483 | convenience and to help you experience uC/OS-II or uC/OSIII. The fact that |
| 501 | the source is provided does NOT mean that you can use it commercially without | 484 | the source is provided does NOT mean that you can use it commercially without |
| 502 | paying a licensing fee. | 485 | paying a licensing fee. |
| 503 | 486 | ||
| 504 | Microsoft | 487 | Microsoft |
| 505 | |||
| 506 | If the Licensed Software includes software owned by Microsoft Corporation | 488 | If the Licensed Software includes software owned by Microsoft Corporation |
| 507 | ("Microsoft"), it is subject to the terms of your license with Microsoft | 489 | ("Microsoft"), it is subject to the terms of your license with Microsoft (the |
| 508 | (the "Microsoft Underlying Licensed Software") and as such, NXP grants no | 490 | "Microsoft Underlying Licensed Software") and as such, NXP grants no license to |
| 509 | license to you, beyond evaluation and demonstration in connection with NXP | 491 | you, beyond evaluation and demonstration in connection with NXP processors, in |
| 510 | processors, in the Microsoft Underlying Licensed Software. You must separately | 492 | the Microsoft Underlying Licensed Software. You must separately obtain rights |
| 511 | obtain rights beyond evaluation and demonstration in connection with the | 493 | beyond evaluation and demonstration in connection with the Microsoft Underlying |
| 512 | Microsoft Underlying Licensed Software from Microsoft. | 494 | Licensed Software from Microsoft. |
| 513 | 495 | ||
| 514 | Microsoft does not provide support services for the components provided | 496 | Microsoft does not provide support services for the components provided to you |
| 515 | to you through this Agreement. If you have any questions or require | 497 | through this Agreement. If you have any questions or require technical |
| 516 | technical assistance, please contact NXP. Microsoft Corporation is a third | 498 | assistance, please contact NXP. Microsoft Corporation is a third party |
| 517 | party beneficiary to this Agreement with the right to enforce the terms of | 499 | beneficiary to this Agreement with the right to enforce the terms of this |
| 518 | this Agreement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT AND ITS | 500 | Agreement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT AND ITS |
| 519 | AFFILIATES DISCLAIM ANY WARRANTIES FOR THE MICROSOFT UNDERLYING LICENSED | 501 | AFFILIATES DISCLAIM ANY WARRANTIES FOR THE MICROSOFT UNDERLYING LICENSED |
| 520 | SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MICROSOFT NOR ITS | 502 | SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MICROSOFT NOR ITS |
| 521 | AFFILIATES WILL BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY | 503 | AFFILIATES WILL BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY |
| 522 | DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, | 504 | DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, |
| 523 | INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, | 505 | INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, |
| 524 | INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, | 506 | INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, ARISING |
| 525 | ARISING FROM THE FROM THE USE OF THE MICROSOFT UNDERLYING LICENSED SOFTWARE. | 507 | FROM THE FROM THE USE OF THE MICROSOFT UNDERLYING LICENSED SOFTWARE. |
| 526 | 508 | ||
| 527 | MindTree | 509 | MindTree |
| 528 | |||
| 529 | Notwithstanding the terms contained in Section 2.3 (a), if the Licensed | 510 | Notwithstanding the terms contained in Section 2.3 (a), if the Licensed |
| 530 | Software includes proprietary software of MindTree in source code format, | 511 | Software includes proprietary software of MindTree in source code format, |
| 531 | Licensee may make modifications and create derivative works only to the | 512 | Licensee may make modifications and create derivative works only to the extent |
| 532 | extent necessary for debugging of the Licensed Software. | 513 | necessary for debugging of the Licensed Software. |
| 533 | 514 | ||
| 534 | MPEG LA | 515 | MPEG LA |
| 535 | 516 | Use of MPEG LA audio or video codec technology is limited to evaluation and | |
| 536 | Use of MPEG LA audio or video codec technology is limited to evaluation | 517 | demonstration only. Permitted distributions must be similarly limited. Further |
| 537 | and demonstration only. Permitted distributions must be similarly limited. | 518 | rights must be obtained directly from MPEG LA. |
| 538 | Further rights must be obtained directly from MPEG LA. | ||
| 539 | 519 | ||
| 540 | MQX RTOS Code | 520 | MQX RTOS Code |
| 541 | |||
| 542 | MQX RTOS source code may not be re-distributed by any FSL Licensee under any | 521 | MQX RTOS source code may not be re-distributed by any FSL Licensee under any |
| 543 | circumstance, even by a signed written amendment to this Agreement. | 522 | circumstance, even by a signed written amendment to this Agreement. |
| 544 | 523 | ||
| 545 | Opus | 524 | Opus |
| 546 | |||
| 547 | Use of Opus software must be consistent with the terms of the Opus license | 525 | Use of Opus software must be consistent with the terms of the Opus license |
| 548 | which can be found at: {http://www.opus-codec.org/license/} | 526 | which can be found at: http://www.opus-codec.org/license/ |
| 549 | 527 | ||
| 550 | Real Networks - its GStreamer Optimized Real Format Client Code implementation | 528 | Real Networks - its GStreamer Optimized Real Format Client Code implementation |
| 551 | or OpenMax Optimized Real Format Client Code | 529 | or OpenMax Optimized Real Format Client Code |
| 552 | |||
| 553 | Use of the GStreamer Optimized Real Format Client Code, or OpenMax Optimized | 530 | Use of the GStreamer Optimized Real Format Client Code, or OpenMax Optimized |
| 554 | Real Format Client code is restricted to applications in the automotive market. | 531 | Real Format Client code is restricted to applications in the automotive market. |
| 555 | Licensee must be a final manufacturer in good standing with a current license | 532 | Licensee must be a final manufacturer in good standing with a current license |
| @@ -557,8 +534,30 @@ with Real Networks for the commercial use and distribution of products | |||
| 557 | containing the GStreamer Optimized Real Format Client Code implementation or | 534 | containing the GStreamer Optimized Real Format Client Code implementation or |
| 558 | OpenMax Optimized Real Format Client Code | 535 | OpenMax Optimized Real Format Client Code |
| 559 | 536 | ||
| 560 | SanDisk Corporation | 537 | Real Time Engineers Ltd. |
| 538 | Any FreeRTOS source code, whether modified or in its original release form, or | ||
| 539 | whether in whole or in part, can only be distributed by you under the terms of | ||
| 540 | version 2 of the GNU General Public License plus this exception. An | ||
| 541 | independent module is a module which is not derived from or based on FreeRTOS. | ||
| 542 | |||
| 543 | Clause 1: Linking FreeRTOS with other modules is making a combined work based | ||
| 544 | on FreeRTOS. Thus, the terms and conditions of the GNU General Public License | ||
| 545 | V2 cover the whole combination. | ||
| 546 | |||
| 547 | As a special exception, the copyright holders of FreeRTOS give you permission | ||
| 548 | to link FreeRTOS with independent modules to produce a statically linked | ||
| 549 | executable, regardless of the license terms of these independent modules, and | ||
| 550 | to copy and distribute the resulting executable under terms of your choice, | ||
| 551 | provided that you also meet, for each linked independent module, the terms and | ||
| 552 | conditions of the license of that module. An independent module is a module | ||
| 553 | which is not derived from or based on FreeRTOS. | ||
| 554 | |||
| 555 | Clause 2: FreeRTOS may not be used for any competitive or comparative purpose, | ||
| 556 | including the publication of any form of run time or compile time metric, | ||
| 557 | without the express permission of Real Time Engineers Ltd. (this is the norm | ||
| 558 | within the industry and is intended to ensure information accuracy). | ||
| 561 | 559 | ||
| 560 | SanDisk Corporation | ||
| 562 | If the Licensed Software includes software developed by SanDisk Corporation | 561 | If the Licensed Software includes software developed by SanDisk Corporation |
| 563 | ("SanDisk"), you must separately obtain the rights to reproduce and distribute | 562 | ("SanDisk"), you must separately obtain the rights to reproduce and distribute |
| 564 | this software in source code form from SanDisk. Please follow these easy steps | 563 | this software in source code form from SanDisk. Please follow these easy steps |
| @@ -570,7 +569,6 @@ License Agreement. | |||
| 570 | 2. Sign the license agreement. Fax the signed agreement to SanDisk USA | 569 | 2. Sign the license agreement. Fax the signed agreement to SanDisk USA |
| 571 | marketing department at 408-542-0403. The license will be valid when fully | 570 | marketing department at 408-542-0403. The license will be valid when fully |
| 572 | executed by SanDisk. | 571 | executed by SanDisk. |
| 573 | |||
| 574 | 3. If you have specific questions, please send an email to | 572 | 3. If you have specific questions, please send an email to |
| 575 | sales@sandisk.com | 573 | sales@sandisk.com |
| 576 | 574 | ||
| @@ -580,30 +578,25 @@ Corporation Licensed Software on any memory device product. SanDisk retains | |||
| 580 | all rights to any modifications or derivative works to the SanDisk Corporation | 578 | all rights to any modifications or derivative works to the SanDisk Corporation |
| 581 | Licensed Software that you may create. | 579 | Licensed Software that you may create. |
| 582 | 580 | ||
| 583 | Texas Instruments | 581 | Synopsys/Target |
| 582 | Compiler Technologies | ||
| 583 | Your use of the Synopsys/Target Compiler Technologies Licensed Software and | ||
| 584 | related documentation is subject to the following: | ||
| 584 | 585 | ||
| 586 | * Duration of the license for the Licensed Software is limited to 12 months, | ||
| 587 | unless otherwise specified in the license file. | ||
| 588 | * The Licensed Software is usable by one user at a time on a single | ||
| 589 | designated computer, unless otherwise agreed by Synopsys. | ||
| 590 | * Licensed Software and documentation are to be used only on a designated | ||
| 591 | computer at the designated physical address provided by you on the APEX license | ||
| 592 | form. | ||
| 593 | * The Licensed Software is not sub-licensable. | ||
| 594 | |||
| 595 | Texas Instruments | ||
| 585 | Your use of Texas Instruments Inc. WiLink8 Licensed Software is restricted to | 596 | Your use of Texas Instruments Inc. WiLink8 Licensed Software is restricted to |
| 586 | NXP SoC based systems that include a compatible connectivity device | 597 | NXP SoC based systems that include a compatible connectivity device |
| 587 | manufactured by TI. | 598 | manufactured by TI. |
| 588 | 599 | ||
| 589 | Vivante | 600 | Vivante |
| 590 | |||
| 591 | Distribution of Vivante software must be a part of, or embedded within, | 601 | Distribution of Vivante software must be a part of, or embedded within, |
| 592 | Authorized Systems that include a Vivante Graphics Processing Unit. | 602 | Authorized Systems that include a Vivante Graphics Processing Unit. |
| 593 | |||
| 594 | |||
| 595 | Synopsys/Target Compiler Technologies | ||
| 596 | |||
| 597 | |||
| 598 | Your use of the Synopsys/Target Compiler Technologies Licensed Software | ||
| 599 | and related documentation is subject to the following: | ||
| 600 | |||
| 601 | - Duration of the license for the Licensed Software is limited to | ||
| 602 | 12 months, unless otherwise specified in the license file. | ||
| 603 | |||
| 604 | - The Licensed Software is usable by one user at a time on a single | ||
| 605 | designated computer, unless otherwise agreed by Synopsys. | ||
| 606 | |||
| 607 | - Licensed Software and documentation are to be used only on a | ||
| 608 | designated computer at the designated physical address provided by you on the | ||
| 609 | APEX license form. | ||
diff --git a/classes/fsl-eula-unpack.bbclass b/classes/fsl-eula-unpack.bbclass index 0e9c89220..b953d2103 100644 --- a/classes/fsl-eula-unpack.bbclass +++ b/classes/fsl-eula-unpack.bbclass | |||
| @@ -6,7 +6,7 @@ | |||
| 6 | # | 6 | # |
| 7 | # SRC_URI = "${FSL_MIRROR}/firmware-imx-${PV};fsl-eula=true" | 7 | # SRC_URI = "${FSL_MIRROR}/firmware-imx-${PV};fsl-eula=true" |
| 8 | 8 | ||
| 9 | LIC_FILES_CHKSUM_append = " file://${FSL_EULA_FILE};md5=8cf95184c220e247b9917e7244124c5a" | 9 | LIC_FILES_CHKSUM_append = " file://${FSL_EULA_FILE};md5=d4f548f93b5fe0ee2bc86758c344412d" |
| 10 | 10 | ||
| 11 | LIC_FILES_CHKSUM[vardepsexclude] += "FSL_EULA_FILE" | 11 | LIC_FILES_CHKSUM[vardepsexclude] += "FSL_EULA_FILE" |
| 12 | 12 | ||
