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Diffstat (limited to 'EULA')
-rw-r--r-- | EULA | 110 |
1 files changed, 83 insertions, 27 deletions
@@ -1,4 +1,4 @@ | |||
1 | LA_OPT_NXP_Software_License v56 April 2024 | 1 | LA_OPT_NXP_Software_License v62 May 2025 |
2 | IMPORTANT. Read the following NXP Software License Agreement ("Agreement") | 2 | IMPORTANT. Read the following NXP Software License Agreement ("Agreement") |
3 | completely. By selecting the "I Accept" button at the end of this page, or by | 3 | completely. By selecting the "I Accept" button at the end of this page, or by |
4 | downloading, installing, or using the Licensed Software, you indicate that you | 4 | downloading, installing, or using the Licensed Software, you indicate that you |
@@ -157,6 +157,8 @@ of the Licensed Software to anyone other than NXP. You may advise NXP of any | |||
157 | results obtained from your use of the Licensed Software, including any problems | 157 | results obtained from your use of the Licensed Software, including any problems |
158 | or suggested improvements thereof, and NXP retains the right to use such | 158 | or suggested improvements thereof, and NXP retains the right to use such |
159 | results and related information in any manner it deems appropriate. | 159 | results and related information in any manner it deems appropriate. |
160 | 3.9. Licensee may not use the Licensed Software as data or training | ||
161 | input to any artificial intelligence models or machine learning algorithms. | ||
160 | 4. OPEN SOURCE. Open source software included in the Licensed | 162 | 4. OPEN SOURCE. Open source software included in the Licensed |
161 | Software is not licensed under the terms of this Agreement but is instead | 163 | Software is not licensed under the terms of this Agreement but is instead |
162 | licensed under the terms of the applicable open source license(s), such as the | 164 | licensed under the terms of the applicable open source license(s), such as the |
@@ -222,9 +224,10 @@ to you. | |||
222 | disclaims any warranty for the Licensed Software. The Licensed Software is | 224 | disclaims any warranty for the Licensed Software. The Licensed Software is |
223 | provided "AS IS", without warranty of any kind, either express or implied, | 225 | provided "AS IS", without warranty of any kind, either express or implied, |
224 | including without limitation the implied warranties of merchantability, fitness | 226 | including without limitation the implied warranties of merchantability, fitness |
225 | for a particular purpose, or non-infringement. You assume the entire risk | 227 | for a particular purpose, non-infringement, or any warranty that the Licensed |
226 | arising out of the use or performance of the licensed software, or any systems | 228 | Software is free from vulnerabilities. You assume the entire risk arising out |
227 | you design using the licensed software (if any). | 229 | of the use or performance of the licensed software, or any systems you design |
230 | using the licensed software (if any). | ||
228 | 10. INDEMNITY. You agree to fully defend and indemnify NXP from all | 231 | 10. INDEMNITY. You agree to fully defend and indemnify NXP from all |
229 | claims, liabilities, and costs (including reasonable attorney’s fees) related | 232 | claims, liabilities, and costs (including reasonable attorney’s fees) related |
230 | to (1) your use (including your subcontractor’s or distributee’s use, if | 233 | to (1) your use (including your subcontractor’s or distributee’s use, if |
@@ -242,21 +245,52 @@ COSTS, DAMAGES, CLAIMS, OR LOSSES WHATSOEVER ARISING OUT OF OR IN CONNECTION | |||
242 | WITH THIS AGREEMENT OR PRODUCT(S) SUPPLIED UNDER THIS AGREEMENT IS LIMITED TO | 245 | WITH THIS AGREEMENT OR PRODUCT(S) SUPPLIED UNDER THIS AGREEMENT IS LIMITED TO |
243 | THE AGGREGATE AMOUNT PAID BY YOU TO NXP IN CONNECTION WITH THE LICENSED | 246 | THE AGGREGATE AMOUNT PAID BY YOU TO NXP IN CONNECTION WITH THE LICENSED |
244 | SOFTWARE PROVIDED UNDER THIS AGREEMENT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. | 247 | SOFTWARE PROVIDED UNDER THIS AGREEMENT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. |
245 | 12. EXPORT COMPLIANCE. Each party shall comply with all applicable | 248 | |
246 | export and import control laws and regulations including but not limited to the | 249 | 12. EXPORT COMPLIANCE. |
247 | US Export Administration Regulation (including restrictions on certain military | 250 | 12.1 Each party shall comply with all applicable export and import control |
248 | end uses and military end users as specified in Section 15 C.F.R. § 744.21 and | 251 | laws and regulations including but not limited to the US Export Administration |
249 | prohibited party lists issued by other federal governments), Catch-all | 252 | Regulation (including restrictions on certain military end uses and military |
250 | regulations and all national and international embargoes. Each party further | 253 | end users as specified in Section 15 C.F.R. § 744.21 and prohibited party |
251 | agrees that it will not knowingly transfer, divert, export or re-export, | 254 | lists issued by other federal governments), Catch-all regulations and all |
252 | directly or indirectly, any product, software, including software source code, | 255 | national and international embargoes. Each party further agrees that it will |
253 | or technology restricted by such regulations or by other applicable national | 256 | not knowingly transfer, divert, export or re-export, directly or indirectly, |
254 | regulations, received from the other party under this Agreement, or any direct | 257 | any product, software, including software source code, or technology restricted |
255 | product of such software or technical data to any person, firm, entity, country | 258 | by such regulations or by other applicable national regulations, received from |
256 | or destination to which such transfer, diversion, export or re-export is | 259 | the other party under this Agreement, or any direct product of such software or |
257 | restricted or prohibited, without obtaining prior written authorization from | 260 | technical data to any person, firm, entity, country or destination to which |
258 | the applicable competent government authorities to the extent required by those | 261 | such transfer, diversion, export or re-export is restricted or prohibited, |
259 | laws. | 262 | without obtaining prior written authorization from the applicable competent |
263 | government authorities to the extent required by those laws. | ||
264 | 12.2 Prohibition of Export to Russian Federation | ||
265 | |||
266 | (a) With respect to activity that falls under the scope of Article 12g, | ||
267 | 12ga of Council Regulation (EU) No 833/2014, or Council Regulation (EU) No | ||
268 | 765/2006 (as the case requires), you (a) will not sell, export or re-export, | ||
269 | directly or indirectly any item, and (b) will not sell, license or sublicense | ||
270 | any intellectual property rights or trade secrets, to the Russian Federation or | ||
271 | Belarus, or for use in the Russian Federation or Belarus. | ||
272 | |||
273 | (b) You will ensure that the purpose of paragraph (a) above is not | ||
274 | frustrated by any third parties further down the commercial chain, including by | ||
275 | either resellers, sublicensees, or both. | ||
276 | |||
277 | (c) You will set up and maintain an adequate monitoring mechanism to detect | ||
278 | conduct by any third parties further down the commercial chain, including by | ||
279 | either resellers, sublicensees, or both, that would frustrate the purpose of | ||
280 | paragraph (a). | ||
281 | |||
282 | (d) Any violation of paragraphs (a), (b) or (c) will constitute a material | ||
283 | breach of this Agreement, and NXP will be entitled to seek appropriate | ||
284 | remedies, including, but not limited to: (i) termination of these Terms; (ii) | ||
285 | suspension of any of its business relationships with you, youraffiliates or | ||
286 | both, until the breach of paragraph (a) above is remedied, and (iii) a plan to | ||
287 | remedy the breach. | ||
288 | |||
289 | (e) You will immediately inform NXP about any problems in applying | ||
290 | paragraphs (a), (b) or (c), above, including any relevant activities by third | ||
291 | parties that could frustrate the purpose of paragraph (a). You will make | ||
292 | available to NXPinformation concerning compliance with the obligations under | ||
293 | paragraphs (a), (b) and (c) within 2 weeks of the request for information. | ||
260 | 13. GOVERNMENT CONTRACT COMPLIANCE | 294 | 13. GOVERNMENT CONTRACT COMPLIANCE |
261 | 13.1. If you sell Authorized Systems directly to any government or public | 295 | 13.1. If you sell Authorized Systems directly to any government or public |
262 | entity, including U.S., state, local, foreign or international governments or | 296 | entity, including U.S., state, local, foreign or international governments or |
@@ -403,7 +437,7 @@ directly from AGGIOS, Inc. | |||
403 | 437 | ||
404 | Airbiquity Inc.: The Airbiquity software may only be used in object code and | 438 | Airbiquity Inc.: The Airbiquity software may only be used in object code and |
405 | Licensee may not sublicense the Airbiquity software to any third party. | 439 | Licensee may not sublicense the Airbiquity software to any third party. |
406 | Licensee’s license to use the Airbiquity software expires on June 30, 2024. | 440 | Licensee’s license to use the Airbiquity software expires on June 30, 2026. |
407 | 441 | ||
408 | Amazon: Use of the Amazon software constitutes your acceptance of the terms of | 442 | Amazon: Use of the Amazon software constitutes your acceptance of the terms of |
409 | the Amazon Program Materials License Agreement (including the AVS Component | 443 | the Amazon Program Materials License Agreement (including the AVS Component |
@@ -542,7 +576,7 @@ provide Fraunhofer your name and contact information. | |||
542 | 576 | ||
543 | Future Technology Devices International Ltd.: Future Technology Devices | 577 | Future Technology Devices International Ltd.: Future Technology Devices |
544 | International software must be used consistent with the terms found here: | 578 | International software must be used consistent with the terms found here: |
545 | http://www.ftdichip.com/Drivers/FTDriverLicenceTerms.htm | 579 | https://ftdichip.com/driver-licence-terms-details/ |
546 | 580 | ||
547 | Global Locate (Broadcom Corporation): Use of Global Locate, Inc. software is | 581 | Global Locate (Broadcom Corporation): Use of Global Locate, Inc. software is |
548 | limited to evaluation and demonstration only. Permitted distributions must be | 582 | limited to evaluation and demonstration only. Permitted distributions must be |
@@ -603,10 +637,17 @@ Licensed Software includes proprietary software of MindTree in source code | |||
603 | format, Licensee may make modifications and create derivative works only to the | 637 | format, Licensee may make modifications and create derivative works only to the |
604 | extent necessary for debugging of the Licensed Software. | 638 | extent necessary for debugging of the Licensed Software. |
605 | 639 | ||
606 | MM SOLUTIONS AD: Use of MM SOLUTIONS AEC (Auto Exposure Control) and AWB (Auto | 640 | MM SOLUTIONS EAD: Use of the following MM SOLUTIONS software is limited to use |
607 | White Balance) software is limited to demonstration, testing, and evaluation | 641 | in conjuncture with NXP Products that have the Imaging Subsystem Processor |
608 | only. In no event may Licensee distribute or sublicense the MM SOLUTIONS | 642 | (ISP) enabled (fusing configuration), as indicated in the applicable data |
609 | software. Further rights must be obtained directly from MM SOLUTIONS. | 643 | sheet: (i) MMS Tuning Tool; (ii) Camera Development Kit (uGuzzi); (iii) and |
644 | additional Camera Software. For the purposes of this Agreement, “Camera | ||
645 | Software” means: (a) AEC (Auto Exposure Control); (b) AWB (Auto White | ||
646 | Balance), (c) Auto Focus; (d) Wide Dynamic Range; (e) LED Flicker Mitigation; | ||
647 | and (f) Multi-Camera Harmonization. In no event may Licensee distribute or | ||
648 | sublicense the MM SOLUTIONS software, unless otherwise licensed to do so by | ||
649 | issuance of the distribution rights under Section 2.3 of the Agreement. Any | ||
650 | further rights must be obtained directly from MM SOLUTIONS directly. | ||
610 | 651 | ||
611 | MPEG LA: Use of MPEG LA audio or video codec technology is limited to | 652 | MPEG LA: Use of MPEG LA audio or video codec technology is limited to |
612 | evaluation and demonstration only. Permitted distributions must be similarly | 653 | evaluation and demonstration only. Permitted distributions must be similarly |
@@ -617,10 +658,19 @@ Licensee under any circumstance, even by a signed written amendment to this | |||
617 | Agreement. | 658 | Agreement. |
618 | 659 | ||
619 | NXP Voice Software: VoiceSpot, VoiceSeeker (including AEC), VIT Speech to | 660 | NXP Voice Software: VoiceSpot, VoiceSeeker (including AEC), VIT Speech to |
620 | Intent, and Conversa may be used for evaluation or demonstration purposes only. | 661 | Intent, and Conversa are subject to the terms of Section 2.2 only. Any |
621 | Any commercial distribution rights are subject to a separate royalty agreement | 662 | commercial distribution rights are subject to a separate royalty agreement |
622 | obtained from NXP. | 663 | obtained from NXP. |
623 | 664 | ||
665 | Together with the voice communication algorithm Conversa Licensee may get a | ||
666 | tuning tool from DevExpress and/or Lightning Chart in form of certain libraries | ||
667 | noted as ([name].dll) (“Tool”). Conversa as well as the Tool may only be | ||
668 | used by Licensee internally during testing, evaluation or product development | ||
669 | solely for tuning purposes of Licensee’s products in connection with | ||
670 | Conversa. Any use of Conversa or the Tool outside the scope of this license is | ||
671 | strictly prohibited, distributing the Libraries in any form. Licensee may use | ||
672 | Conversa in connection with its products only following the execution of a | ||
673 | separate royalty agreement with NXP. | ||
624 | NXP Wireless Charging Library: License to the Software is limited to use in | 674 | NXP Wireless Charging Library: License to the Software is limited to use in |
625 | inductive coupling or wireless charging applications | 675 | inductive coupling or wireless charging applications |
626 | 676 | ||
@@ -767,3 +817,9 @@ upon notice. | |||
767 | 817 | ||
768 | Vivante: Distribution of Vivante software must be a part of, or embedded | 818 | Vivante: Distribution of Vivante software must be a part of, or embedded |
769 | within, Authorized Systems that include a Vivante Graphics Processing Unit. | 819 | within, Authorized Systems that include a Vivante Graphics Processing Unit. |
820 | |||
821 | Wittenstein: Your use of the SafeRTOS v9.x and Networking Stack, in object | ||
822 | form, is limited to your internal testing, evaluation, feedback and development | ||
823 | specifically for use with an NXP Product. Licensee’s license to use and | ||
824 | supply the software to you expires on June 25, 2026. Further rights must be | ||
825 | obtained directly from Wittenstein. | ||