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1 | (C) Ericsson AB 2013. All Rights Reserved. | ||
2 | |||
3 | Software License Agreement | ||
4 | |||
5 | PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS PRIOR TO USING THE | ||
6 | ERICSSON TEXTURE COMPRESSION CODEC SOFTWARE (THE "SOFTWARE"). THE USE | ||
7 | OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE | ||
8 | FOLLOWING SOFTWARE LICENSE AGREEMENT (THE "SLA"). IF YOU DO NOT ACCEPT | ||
9 | SUCH TERMS AND CONDITIONS YOU MAY NOT USE THE SOFTWARE. | ||
10 | |||
11 | Subject to the terms and conditions of the SLA, the licensee of the | ||
12 | Software (the "Licensee") hereby, receives a non-exclusive, | ||
13 | non-transferable, limited, free-of-charge, perpetual and worldwide | ||
14 | license, to copy, use, distribute and modify the Software, but only | ||
15 | for the purpose of developing, manufacturing, selling, using and | ||
16 | distributing products including the Software in binary form, which | ||
17 | products are used for compression and/or decompression according to | ||
18 | the Khronos standard specifications OpenGL, OpenGL ES and | ||
19 | WebGL. Notwithstanding anything of the above, Licensee may distribute | ||
20 | [etcdec.cxx] in source code form provided (i) it is in unmodified | ||
21 | form; and (ii) it is included in software owned by Licensee. | ||
22 | |||
23 | If Licensee institutes, or threatens to institute, patent litigation | ||
24 | against Ericsson or Ericsson's affiliates for using the Software for | ||
25 | developing, having developed, manufacturing, having manufactured, | ||
26 | selling, offer for sale, importing, using, leasing, operating, | ||
27 | repairing and/or distributing products (i) within the scope of the | ||
28 | Khronos framework; or (ii) using software or other intellectual | ||
29 | property rights owned by Ericsson or its affiliates and provided under | ||
30 | the Khronos framework, Ericsson shall have the right to terminate this | ||
31 | SLA with immediate effect. Moreover, if Licensee institutes, or | ||
32 | threatens to institute, patent litigation against any other licensee | ||
33 | of the Software for using the Software in products within the scope of | ||
34 | the Khronos framework, Ericsson shall have the right to terminate this | ||
35 | SLA with immediate effect. However, should Licensee institute, or | ||
36 | threaten to institute, patent litigation against any other licensee of | ||
37 | the Software based on such other licensee's use of any other software | ||
38 | together with the Software, then Ericsson shall have no right to | ||
39 | terminate this SLA. | ||
40 | |||
41 | This SLA does not transfer to Licensee any ownership to any Ericsson | ||
42 | or third party intellectual property rights. All rights not expressly | ||
43 | granted by Ericsson under this SLA are hereby expressly | ||
44 | reserved. Furthermore, nothing in this SLA shall be construed as a | ||
45 | right to use or sell products in a manner which conveys or purports to | ||
46 | convey whether explicitly, by principles of implied license, or | ||
47 | otherwise, any rights to any third party, under any patent of Ericsson | ||
48 | or of Ericsson's affiliates covering or relating to any combination of | ||
49 | the Software with any other software or product (not licensed | ||
50 | hereunder) where the right applies specifically to the combination and | ||
51 | not to the software or product itself. | ||
52 | |||
53 | THE SOFTWARE IS PROVIDED "AS IS". ERICSSON MAKES NO REPRESENTATIONS OF | ||
54 | ANY KIND, EXTENDS NO WARRANTIES OR CONDITIONS OF ANY KIND, EITHER | ||
55 | EXPRESS, IMPLIED OR STATUTORY; INCLUDING, BUT NOT LIMITED TO, EXPRESS, | ||
56 | IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF TITLE, | ||
57 | MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, AND FITNESS FOR A | ||
58 | PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE | ||
59 | OF THE SOFTWARE IS WITH THE LICENSEE. SHOULD THE SOFTWARE PROVE | ||
60 | DEFECTIVE, THE LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, | ||
61 | REPAIR OR CORRECTION. ERICSSON MAKES NO WARRANTY THAT THE MANUFACTURE, | ||
62 | SALE, OFFERING FOR SALE, DISTRIBUTION, LEASE, USE OR IMPORTATION UNDER | ||
63 | THE SLA WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER | ||
64 | INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND THE VALIDITY OF THE | ||
65 | LICENSE AND THE SLA ARE SUBJECT TO LICENSEE'S SOLE RESPONSIBILITY TO | ||
66 | MAKE SUCH DETERMINATION AND ACQUIRE SUCH LICENSES AS MAY BE NECESSARY | ||
67 | WITH RESPECT TO PATENTS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY OF | ||
68 | THIRD PARTIES. | ||
69 | |||
70 | THE LICENSEE ACKNOWLEDGES AND ACCEPTS THAT THE SOFTWARE (I) IS NOT | ||
71 | LICENSED FOR; (II) IS NOT DESIGNED FOR OR INTENDED FOR; AND (III) MAY | ||
72 | NOT BE USED FOR; ANY MISSION CRITICAL APPLICATIONS SUCH AS, BUT NOT | ||
73 | LIMITED TO OPERATION OF NUCLEAR OR HEALTHCARE COMPUTER SYSTEMS AND/OR | ||
74 | NETWORKS, AIRCRAFT OR TRAIN CONTROL AND/OR COMMUNICATION SYSTEMS OR | ||
75 | ANY OTHER COMPUTER SYSTEMS AND/OR NETWORKS OR CONTROL AND/OR | ||
76 | COMMUNICATION SYSTEMS ALL IN WHICH CASE THE FAILURE OF THE SOFTWARE | ||
77 | COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, MATERIAL OR | ||
78 | ENVIRONMENTAL DAMAGE. LICENSEE'S RIGHTS UNDER THIS LICENSE WILL | ||
79 | TERMINATE AUTOMATICALLY AND IMMEDIATELY WITHOUT NOTICE IF LICENSEE | ||
80 | FAILS TO COMPLY WITH THIS PARAGRAPH. | ||
81 | |||
82 | IN NO EVENT SHALL ERICSSON BE LIABLE FOR ANY DAMAGES WHATSOEVER, | ||
83 | INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, ANY GENERAL, SPECIAL, | ||
84 | INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN | ||
85 | CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING | ||
86 | BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERUPTIONS, OR ANY | ||
87 | OTHER COMMERCIAL DAMAGES OR LOSSES, LOSS OF DATA OR DATA BEING | ||
88 | RENDERED INACCURATE OR LOSSES SUSTAINED BY THE LICENSEE OR THIRD | ||
89 | PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER | ||
90 | SOFTWARE) REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR | ||
91 | OTHERWISE), EVEN IF THE LICENSEE OR ANY OTHER PARTY HAS BEEN ADVISED | ||
92 | OF THE POSSIBILITY OF SUCH DAMAGES. | ||
93 | |||
94 | Licensee acknowledges that "ERICSSON ///" is the corporate trademark | ||
95 | of Telefonaktiebolaget LM Ericsson and that both "Ericsson" and the | ||
96 | figure "///" are important features of the trade names of | ||
97 | Telefonaktiebolaget LM Ericsson. Nothing contained in these terms and | ||
98 | conditions shall be deemed to grant Licensee any right, title or | ||
99 | interest in the word "Ericsson" or the figure "///". No delay or | ||
100 | omission by Ericsson to exercise any right or power shall impair any | ||
101 | such right or power to be construed to be a waiver thereof. Consent by | ||
102 | Ericsson to, or waiver of, a breach by the Licensee shall not | ||
103 | constitute consent to, waiver of, or excuse for any other different or | ||
104 | subsequent breach. | ||
105 | |||
106 | This SLA shall be governed by the substantive law of Sweden. Any | ||
107 | dispute, controversy or claim arising out of or in connection with | ||
108 | this SLA, or the breach, termination or invalidity thereof, shall be | ||
109 | submitted to the exclusive jurisdiction of the Swedish Courts. | ||