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