195 lines
9.6 KiB
Plaintext
195 lines
9.6 KiB
Plaintext
LES-PRE-20769
|
|
SP-Version: 1.0
|
|
25 November 2015
|
|
|
|
END USER LICENCE AGREEMENT FOR THE MALI USERSPACE DRIVER ("Mali DRIVER")
|
|
|
|
THIS END USER LICENCE AGREEMENT ("LICENCE") IS A LEGAL AGREEMENT
|
|
BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND
|
|
ARM LIMITED ("ARM") FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS
|
|
LICENCE. ARM IS ONLY WILLING TO LICENSE THE SOFTWARE TO YOU ON
|
|
CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY
|
|
INSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU INDICATE
|
|
THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS LICENCE. IF YOU
|
|
DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE
|
|
THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE,
|
|
AND YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO YOUR SUPPLIER.
|
|
|
|
"Applications" means applications for use solely in conjunction with
|
|
Mali-based products manufactured under licence from ARM.
|
|
|
|
"Output" means data resulting from your use of the Software and all
|
|
direct and indirect derivatives thereof.
|
|
|
|
"Software" means any software, firmware and data accompanying this
|
|
Licence, any printed, electronic or online documentation supplied with
|
|
it under the terms of this Licence for the Mali Driver.
|
|
|
|
1. LICENCE GRANTS TO YOU.
|
|
|
|
1.1 ARM hereby grants to you, subject to the terms and conditions of
|
|
this Licence, a non-exclusive, non-transferable, revocable, worldwide
|
|
licence to:
|
|
|
|
(i) use and copy the Software or certain components or optional
|
|
functionality in the Software, as applicable, solely for the
|
|
purposes of running, designing or developing Applications; and
|
|
|
|
(ii) subject to Clause 1.2, distribute the whole of the Software;
|
|
and/or (b) the whole or any part of the Software together
|
|
with, or as incorporated into, Applications; and
|
|
|
|
1.2 If you choose to redistribute the whole or any part of the
|
|
Software pursuant to the licences granted in Clause 1.1(ii), you
|
|
agree: (i) not to use ARM's or any of its licensors names, logos or
|
|
trademarks to market Applications; (ii) to retain any and all
|
|
copyright notices and other notices (whether ARM's or its licensor's)
|
|
which are included with the Software; and (iii) include a copy of this
|
|
Licence with such redistribution.
|
|
|
|
2. RESTRICTIONS ON USE OF THE SOFTWARE.
|
|
|
|
BENCHMARKING: This Licence does not prevent you from using the
|
|
Software for benchmarking purposes. However, you shall ensure that any
|
|
and all benchmarking data relating to the Software, and any other
|
|
results of your use or testing of the Software which are indicative of
|
|
its performance, efficacy, reliability or quality, shall not be used
|
|
to disparage ARM, its products or services, or in a manner that, in
|
|
ARM's reasonable judgment, may diminish or otherwise damage the
|
|
reputation of ARM.
|
|
|
|
COPYRIGHT AND RESERVATION OF RIGHTS: The Software is owned by ARM or
|
|
its licensors and is protected by copyright and other intellectual
|
|
property laws and international treaties. The Software is licensed not
|
|
sold. You acquire no rights to the Software other than as expressly
|
|
provided by this Licence. You shall not remove from the Software any
|
|
copyright notice or other notice and shall ensure that any such notice
|
|
is reproduced in any copies of the whole or any part of the Software
|
|
made by you or other permitted users.
|
|
|
|
REVERSE ENGINEERING: Except to the extent that such activity is
|
|
permitted by applicable law you shall not reverse engineer, decompile
|
|
or disassemble any of the Software. If the Software was provided to
|
|
you in Europe you shall not reverse engineer, decompile or disassemble
|
|
any of the Software for the purposes of error correction.
|
|
|
|
RESTRICTED USE: You agree that you shall not use the Software or the
|
|
Output other than pursuant to and in accordance with the exercise of
|
|
any of the licences granted under this Licence. Without limiting the
|
|
generality of the foregoing, you shall not use the Software or any
|
|
Output: (a) for determining if any features, functions or processes
|
|
provided by the Software are covered by any patents or patent
|
|
applications owned by you or a third party; or (b) for developing
|
|
technology, applications or products which avoid any of ARM's
|
|
intellectual property in the Software licensed hereunder; or (c) as a
|
|
reference for modifying existing patents or patent applications or
|
|
creating any continuation, continuation in part, or extension of
|
|
existing patents or patent applications.
|
|
|
|
3. SUPPORT.
|
|
|
|
ARM is not under an obligation to provide support, but it may do so at
|
|
its own discretion, and if it does, it will only be in respect of the
|
|
Software as delivered.
|
|
|
|
4. NO WARRANTIES.
|
|
|
|
YOU AGREE THAT THE SOFTWARE IS LICENSED "AS IS", AND THAT ARM
|
|
EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR
|
|
OTHER TERMS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT
|
|
LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY
|
|
QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
|
|
|
|
YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION
|
|
OF APPLICATIONS, INCLUDING WITHOUT LIMITATION, APPLICATIONS DESIGNED
|
|
OR INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS,
|
|
WEAPONRY, AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULD
|
|
THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL
|
|
NECESSARY SERVICING, REPAIR OR CORRECTION.
|
|
|
|
5. LIMITATION OF LIABILITY.
|
|
|
|
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
|
|
ARM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
|
|
DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR
|
|
INABILITY TO USE THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT,
|
|
TORT OR OTHER LEGAL THEORY, EVEN IF ARM WAS ADVISED OF THE POSSIBILITY
|
|
OF SUCH DAMAGES.
|
|
|
|
ARM does not seek to limit or exclude liability for death or personal
|
|
injury arising from ARM's negligence or ARM's fraud and because some
|
|
jurisdictions do not permit the exclusion or limitation of liability
|
|
for consequential or incidental damages the above limitation relating
|
|
to liability for consequential damages may not apply to you.
|
|
|
|
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE,
|
|
THE MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE
|
|
AGAINST ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH
|
|
THE SUBJECT MATTER OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF:
|
|
(I) THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE;
|
|
AND (II) $10.00 USD. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT
|
|
ENLARGE OR EXTEND THE LIMIT.
|
|
|
|
6. U.S. GOVERNMENT END USERS.
|
|
|
|
US Government Restrictions: Use, duplication, reproduction, release,
|
|
modification, disclosure or transfer of the Software is restricted in
|
|
accordance with the terms of this Licence.
|
|
|
|
7. TERM AND TERMINATION.
|
|
|
|
This Licence shall remain in force until terminated by you or by ARM.
|
|
Without prejudice to any of its other rights if you are in breach of
|
|
any of the terms and conditions of this Licence then ARM may terminate
|
|
this Licence immediately upon giving written notice to you or on
|
|
thirty (30) days written notice without cause. You may terminate this
|
|
Licence at any time. Upon termination of this Licence by you or by ARM
|
|
, you shall stop using the Software and destroy all copies of the
|
|
Software in your possession, together with all documentation and
|
|
related materials. The provisions of clauses 2, 3, 4, 5, 6, 7, and 8
|
|
shall survive termination of this Licence.
|
|
|
|
8. GENERAL.
|
|
|
|
This Licence is governed by English Law. Except where ARM agrees
|
|
otherwise in: (i) a written contract signed by you and ARM; or (ii) a
|
|
written contract provided by ARM and accepted by you, this is the only
|
|
agreement between you and ARM relating to the Software and it may only
|
|
be modified by written agreement between you and ARM. Except as
|
|
expressly agreed in writing, this Licence may not be modified by
|
|
purchase orders, advertising or other representation by any person. If
|
|
any clause or sentence in this Licence is held by a court of law to be
|
|
illegal or unenforceable the remaining provisions of this Licence
|
|
shall not be affected thereby. The failure by ARM to enforce any of
|
|
the provisions of this Licence, unless waived in writing, shall not
|
|
constitute a waiver of ARM's rights to enforce such provision or any
|
|
other provision of this Licence in the future.
|
|
|
|
At ARM's request, you agree to check your computers for installations
|
|
of the Software and any other information requested by ARM relating to
|
|
Software installation and to provide this information to ARM. You
|
|
agree that auditors nominated by ARM may also perform such checking
|
|
and reporting on behalf of ARM by prior appointment during your normal
|
|
business hours on seven (7) days' notice. ARM shall bear the auditors'
|
|
costs for that audit unless it reveals unlicensed usage in which case
|
|
you shall promptly reimburse ARM for all reasonable costs and
|
|
expenses, including professional fees, relating to such audit. Any
|
|
information which is disclosed to ARM or such auditors during checking
|
|
or audit shall be treated as your confidential information and shall
|
|
only be used by ARM for licence management, compliance and enforcement
|
|
purposes.
|
|
|
|
The Software provided under this Agreement is subject to U.K.,
|
|
European Union, and U.S. export control laws and regulations,
|
|
including the U.S. Export Administration Act and its associated
|
|
regulations (hereafter collectively referred to as "Export
|
|
Regulations"). LICENSEE agrees to comply fully with all such Export
|
|
Regulations and LICENSEE agrees that it shall not, either directly or
|
|
indirectly, export in breach of the Export Regulations, any Software
|
|
received under this Agreement, nor any direct products thereof; (i) to
|
|
any country, company or person subject to export restrictions or
|
|
sanctions under the Export Regulations; or (ii) for any prohibited end
|
|
use, which at the time of export requires an export license or other
|
|
governmental approval, without first obtaining such license or
|
|
approval.
|