| LA_OPT_BASE_LICENSE v12 March 2016 |
| |
| IMPORTANT. Read the following NXP Semiconductor Software License Agreement |
| ("Agreement") completely. By selecting the "I Accept" button at the end of |
| this page, you indicate that you accept the terms of the Agreement and you |
| acknowledge that you have the authority, for yourself or on behalf of your |
| company, to bind your company to these terms. You may then download or install |
| the file. |
| |
| NXP SEMICONDUCTOR SOFTWARE LICENSE AGREEMENT |
| |
| This is a legal agreement between you, as an authorized representative of your |
| employer, or if you have no employer, as an individual (together "you"), and |
| Freescale Semiconductor, Inc., a wholly-owned subsidiary of NXP Semiconductors |
| N.V. ("NXP"). It concerns your rights to use the software identified in the |
| Software Content Register and provided to you in binary or source code form |
| and any accompanying written materials (the "Licensed Software"). The Licensed |
| Software may include any updates or error corrections or documentation relating |
| to the Licensed Software provided to you by NXP under this License. In |
| consideration for NXP allowing you to access the Licensed Software, you are |
| agreeing to be bound by the terms of this Agreement. If you do not agree to all |
| of the terms of this Agreement, do not download or install the Licensed |
| Software. If you change your mind later, stop using the Licensed Software and |
| delete all copies of the Licensed Software in your possession or control. Any |
| copies of the Licensed Software that you have already distributed, where |
| permitted, and do not destroy will continue to be governed by this Agreement. |
| Your prior use will also continue to be governed by this Agreement. |
| |
| 1. DEFINITIONS |
| |
| 1.1. "Affiliates" means, any corporation, or entity directly or |
| indirectly controlled by, controlling, or under common control with NXP |
| Semiconductors N.V. |
| |
| 1.2. "Essential Patent" means a patent to the limited extent that |
| infringement of such patent cannot be avoided in remaining compliant with the |
| technology standards implicated by the usage of any of the Licensed Software, |
| including optional implementation of the standards, on technical but not |
| commercial grounds, taking into account normal technical practice and the state |
| of the art generally available at the time of standardization. |
| |
| 1.3. "Intellectual Property Rights" means any and all rights under |
| statute, common law or equity in and under copyrights, trade secrets, and |
| patents (including utility models), and analogous rights throughout the world, |
| including any applications for and the right to apply for, any of the |
| foregoing. |
| |
| 1.4. "Software Content Register" means the documentation |
| accompanying the Licensed Software which identifies the contents of the |
| Licensed Software, including but not limited to identification of any Third |
| Party Software. |
| |
| 1.5. "Third Party Software" means, any software included in the |
| Licensed Software that is not NXP Proprietary software, and is not open source |
| software, and to which different license terms may apply. |
| |
| 2. LICENSE GRANT. |
| |
| 2.1. Separate license grants to Third Party Software, or other |
| terms applicable to the Licensed Software if different from those granted in |
| this Section 2, are contained in Appendix A. The Licensed Software is |
| accompanied by a Software Content Register which will identify that portion of |
| the Licensed Software, if any, that is subject to the different terms in |
| Appendix A. |
| |
| 2.2. Exclusively in connection with your development and |
| distribution of product containing a programmable processing unit (e.g. a |
| microprocessor, microcontroller, sensor or digital signal processor) supplied |
| directly or indirectly from NXP ("Authorized System") NXP grants you a |
| world-wide, personal, non-transferable, non-exclusive, non-sublicensable, |
| license, under NXP's Intellectual Property Rights: |
| |
| (a) to use and reproduce the Licensed Software only as part of, or |
| integrated within, Authorized Systems and not on a standalone basis; |
| |
| (b) to directly or indirectly manufacture, demonstrate, copy, distribute, |
| market and sell the Licensed Software in object code (machine readable) only as |
| part of, or embedded within, Authorized Systems in object code form and not on |
| a standalone basis. Notwithstanding the foregoing, those files marked as .h |
| files ("Header files") may be distributed in source or object code form, but |
| only as part of, or embedded within Authorized Systems. |
| |
| (c) to copy, use and distribute as needed, solely in connection with an |
| Authorized System, proprietary NXP information associated with the Licensed |
| Software for the purpose of developing, maintaining and supporting Authorized |
| Systems with which the Licensed Software is integrated or associated. |
| |
| 2.3. For NXP Licensed Software provided to you in source code form |
| (human readable), NXP further grants to you a worldwide, personal, |
| non-transferable, non-exclusive, non-sublicensable, license, under NXP's |
| Intellectual Property Rights: |
| |
| (a) to prepare derivative works of the Licensed Software, only as part of, |
| or integrated within, Authorized Systems and not on a standalone basis; |
| |
| (b) to use, demonstrate, copy, distribute, market and sell the derivative |
| works of the Licensed Software in object code (machine readable) only as part |
| of, or integrated within, Authorized Systems and not on a standalone basis. |
| Notwithstanding the foregoing, those files marked as .h files ("Header files") |
| may be distributed in source or object code form, but only as part of, or |
| embedded within Authorized Systems. |
| |
| 2.4. You may use subcontractors on your premises to exercise your |
| rights under Section 2.2 and 2.3 so long as you have an agreement in place with |
| the subcontractor containing confidentiality restrictions no less stringent |
| than those contained in this Agreement. You will remain liable for your |
| subcontractors' adherence to the terms of this Agreement and for any and all |
| acts and omissions of such subcontractors with respect to this Agreement and |
| the Licensed Software. |
| |
| 3. LICENSE LIMITATIONS AND RESTRICTIONS. |
| |
| 3.1. The licenses granted above in Section 2.3 only extend to NXP |
| intellectual property rights that would be infringed by the Licensed Software |
| prior to your preparation of any derivative work. |
| |
| 3.2. The Licensed Software is licensed to you, not sold. Title to |
| Licensed Software delivered hereunder remains vested in NXP or NXP's licensor |
| and cannot be assigned or transferred. You are expressly forbidden from |
| selling or otherwise distributing the Licensed Software, or any portion |
| thereof, except as expressly permitted herein. This Agreement does not grant |
| to you any implied rights under any NXP or third party intellectual property. |
| |
| 3.3. You may not translate, reverse engineer, decompile, or |
| disassemble the Licensed Software except to the extent applicable law |
| specifically prohibits such restriction. You must prohibit your sub-licensees |
| from translating, reverse engineering, decompiling, or disassembling the |
| Licensed Software except to the extent applicable law specifically prohibits |
| such restriction. |
| |
| 3.4. You must reproduce any and all of NXP's (or its third party |
| licensor's) copyright notices and other proprietary legends on copies of |
| Licensed Software. |
| |
| 3.5. If you distribute the Licensed Software to the United States |
| Government, then the Licensed Software is "restricted computer software" and |
| is subject to FAR 52.227-19 (c)(1) and (c)(2). |
| |
| 3.6. You grant to NXP a non-exclusive, non-transferable, |
| irrevocable, perpetual, worldwide, royalty-free, sub-licensable license under |
| your Intellectual Property Rights to use without restriction and for any |
| purpose any suggestion, comment or other feedback related to the Licensed |
| Software (including, but not limited to, error corrections and bug fixes). |
| |
| 3.7. You will not take or fail to take any action that could |
| subject the Licensed Software to an Excluded License. An Excluded License means |
| any license that requires, as a condition of use, modification or distribution |
| of software subject to the Excluded License, that such software or other |
| software combined and/or distributed with the software be (i) disclosed or |
| distributed in source code form; (ii) licensed for the purpose of making |
| derivative works; or (iii) redistributable at no charge. |
| |
| 3.8. You may not publish or distribute information, results or data |
| associated with the use of the Licensed Software to anyone other than NXP; |
| however, you must advise NXP of any results obtained including any problems or |
| suggested improvements thereof. NXP retains the right to use such results and |
| related information in any manner it deems appropriate. |
| |
| 4. OPEN SOURCE. Open source software included in the Licensed |
| Software is not licensed under the terms of this Agreement, but is instead |
| licensed under the terms of the applicable open source license(s), such as the |
| BSD License, Apache License or the GNU Lesser General Public License. Your use |
| of the open source software is subject to the terms of each applicable license. |
| You must agree to the terms of each applicable license, or you cannot use the |
| open source software. |
| |
| 5. INTELLECTUAL PROPERTY RIGHTS. Subject to NXP's ownership interest |
| in the underlying Licensed Software, all intellectual property rights |
| associated with, and title to, your Authorized System will be retained by or |
| will vest in you. Your modifications to the Licensed Software, and all |
| intellectual property rights associated with, and title thereto, will be the |
| property of NXP. Upon request, you must provide NXP the source code of any |
| derivative of the Licensed Software. You agree to assign all, and hereby do |
| assign all rights, title, and interest to any such modifications to the |
| Licensed Software to NXP and agree to provide all assistance reasonably |
| requested by NXP to establish, preserve or enforce such right. Further, you |
| agree to waive all moral rights relating to your modifications to the Licensed |
| Software, including, without limitation, all rights of identification of |
| authorship and all rights of approval, restriction, or limitation on use or |
| subsequent modification. Notwithstanding the foregoing, you will have the |
| license rights granted in Section 2 hereto to any such modifications made by |
| you or your licensees. |
| |
| 6. PATENT COVENANT NOT TO SUE. As partial, material consideration for the |
| rights granted to you under this Agreement, you covenant not to sue or |
| otherwise assert your patents against NXP, a NXP Affiliate or subsidiary, or |
| a NXP licensee of the Licensed Software for infringement of your Intellectual |
| Property Rights by the manufacture, use, sale, offer for sale, importation or |
| other disposition or promotion of the Licensed Software and/or any |
| redistributed portions of the Licensed Software. |
| |
| 7. ESSENTIAL PATENTS. You are solely responsible for obtaining licenses |
| for any relevant Essential Patents for your use in connection with technology |
| that you incorporate into your product (whether as part of the Licensed |
| Software or not). |
| |
| 8. TERM AND TERMINATION. This Agreement will remain in effect unless |
| terminated as provided in this Section 8. |
| |
| 8.1. You may terminate this Agreement immediately upon written |
| notice to NXP at the address provided below. |
| |
| 8.2. Either party may terminate this Agreement if the other party |
| is in default of any of the terms and conditions of this Agreement, and |
| termination is effective if the defaulting party fails to correct such default |
| within 30 days after written notice thereof by the non-defaulting party to the |
| defaulting party at the address below. |
| |
| 8.3. Notwithstanding the foregoing, NXP may terminate this |
| Agreement immediately upon written notice if you: breach any of your |
| confidentiality obligations or the license restrictions under this Agreement; |
| become bankrupt, insolvent, or file a petition for bankruptcy or insolvency, |
| make an assignment for the benefit of its creditors; enter proceedings for |
| winding up or dissolution ;are dissolved; or are nationalized or become subject |
| to the expropriation of all or substantially all of its business or assets. |
| |
| 8.4. Upon termination of this Agreement, all licenses granted under |
| Section 2 will expire, except that any licenses extended to end-users pursuant |
| to Sections 2.2(b), 2.2(c), and 2.3(b), which have been granted prior to such |
| termination will survive. |
| |
| 8.5. After termination of this Agreement by either party and upon |
| NXP's written request, you will, at your discretion, return to the NXP any |
| confidential information including all copies thereof or furnish to NXP at |
| the address below, a statement certifying, with respect to the Licensed |
| Software delivered hereunder that the original and all copies, except for |
| archival copies to be used solely for dispute resolution purposes, in whole or |
| in part, in any form, of the Licensed Software have been destroyed. |
| |
| 8.6. Notwithstanding the termination of this Agreement for any |
| reason, the terms of Sections 1, 3, 5 through 25 will survive. |
| |
| 9. SUPPORT. NXP is not obligated to provide any support, |
| upgrades or new releases of the Licensed Software under this Agreement. If you |
| wish, you may contact NXP and report problems and provide suggestions regarding |
| the Licensed Software. NXP has no obligation to respond to such a problem |
| report or suggestion. NXP may make changes to the Licensed Software at any |
| time, without any obligation to notify or provide updated versions of the |
| Licensed Software to you. |
| |
| 10. NO WARRANTY. To the maximum extent permitted by law, |
| NXP expressly disclaims any warranty for the Licensed Software. The Licensed |
| Software is provided "AS IS", without warranty of any kind, either express or |
| implied, including without limitation the implied warranties of |
| merchantability, fitness for a particular purpose, or non-infringement. You |
| assume the entire risk arising out of the use or performance of the licensed |
| software, or any systems you design using the licensed software (if any). |
| |
| 11. INDEMNITY. You agree to fully defend and indemnify NXP from |
| all claims, liabilities, and costs (including reasonable attorney's fees) |
| related to (1) your use (including your contractors or distributee's use, if |
| permitted) of the Licensed Software or (2) your violation of the terms and |
| conditions of this Agreement. |
| |
| 12. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A BREACH |
| OF SECTION 2 (LICENSE GRANTS), SECTION 3 (LICENSE LIMITATIONS AND |
| RESTRICTIONS), SECTION 17 (CONFIDENTIAL INFORMATION), OR CLAIMS UNDER SECTION |
| 11(INDEMNITY), IN NO EVENT WILL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, |
| TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR |
| PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, |
| LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR |
| REVENUES, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. NXP'S TOTAL |
| LIABILITY FOR ALL COSTS, DAMAGES, CLAIMS, OR LOSSES WHATSOEVER ARISING OUT OF |
| OR IN CONNECTION WITH THIS AGREEMENT OR PRODUCT(S) SUPPLIED UNDER THIS |
| AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU TO NXP IN CONNECTION |
| WITH THE LICENSED SOFTWARE TO WHICH LOSSES OR DAMAGES ARE CLAIMED. |
| |
| |
| 13. EXPORT COMPLIANCE. Each party shall comply with all |
| applicable export and import control laws and regulations including but not |
| limited to the US Export Administration Regulations (including prohibited |
| party lists issued by other federal governments), Catch-all regulations and |
| all national and international embargoes. Each party further agrees that it |
| will not knowingly transfer, divert, export or re-export, directly or |
| indirectly, any product, software, including software source code, or |
| technology restricted by such regulations or by other applicable national |
| regulations, received from the other party under this Agreement, or any direct |
| product of such software or technical data to any person, firm, entity, |
| country or destination to which such transfer, diversion, export or re-export |
| is restricted or prohibited, without obtaining prior written authorization |
| from the applicable competent government authorities to the extent required |
| by those laws. |
| |
| 14. GOVERNMENT CONTRACT COMPLIANCE. |
| |
| 14.1. If you sell Authorized Systems directly to any government or |
| public entity, including U.S., state, local, foreign or international |
| governments or public entities, or indirectly via a prime contractor or |
| subcontractor of such governments or entities, NXP makes no representations, |
| certifications, or warranties whatsoever about compliance with government or |
| public entity acquisition statutes or regulations, including, without |
| limitation, statutes or regulations that may relate to pricing, quality, |
| origin or content. |
| |
| 14.2. The Licensed Software has been developed at private expense and |
| is a "Commercial Item" as defined in 48 C.F.R. §2.101, consisting of |
| "Commercial Computer Software", and/or "Commercial Computer Software |
| Documentation," as such terms are used in 48 C.F.R. §12.212 (or 48 C.F.R. |
| §227.7202, as applicable) and may only be licensed to or shared with U.S. |
| Government end users in object code form as part of, or embedded within, |
| Authorized Systems. Any agreement pursuant to which you share the Licensed |
| Software will include a provision that reiterates the limitations of this |
| document and requires all sub-agreements to similarly contain such limitations. |
| |
| 15. SAFETY CRITICAL APPLICATIONS |
| |
| 15.1. In some cases, NXP may promote certain Licensed Software for use |
| in safety-related applications. NXP's goal is to educate licensees so that they |
| can design their own end-product solutions to meet applicable functional safety |
| standards and requirements. You make the ultimate design decisions regarding |
| your products and are solely responsible for compliance with all legal, |
| regulatory, safety, and security related requirements concerning your products, |
| regardless of any information or support that may be provided by NXP. |
| Accordingly, you will indemnify and hold NXP harmless from any claims, |
| liabilities, damages and associated costs and expenses (including attorneys' |
| fees) that NXP may incur related to your incorporation of any product in a |
| safety-critical application or system. |
| |
| 15.2. Only Licensed Software that NXP has specifically designated as |
| "Automotive Qualified" is intended for use in automotive, military, or |
| aerospace applications or environments. If you use Licensed Software that has |
| not been designated as "Automotive Qualified" in an automotive, military, or |
| aerospace application or environment, you do so at your own risk. |
| |
| 15.3. Licensed Software is not intended or authorized for any use in |
| anti-personnel landmines. |
| |
| 16. CHOICE OF LAW; VENUE. This Agreement will be governed by, |
| construed, and enforced in accordance with the laws of the State of Texas, USA, |
| without regard to conflicts of laws principles, will apply to all matters |
| relating to this Agreement or the Licensed Software, and you agree that any |
| litigation will be subject to the exclusive jurisdiction of the state or |
| federal courts Texas, USA. The United Nations Convention on Contracts for |
| the International Sale of Goods will not apply to this document. |
| |
| 17. CONFIDENTIAL INFORMATION. Subject to the license grants and |
| restrictions contained herein, you must treat the Licensed Software as |
| confidential information and you agree to retain the Licensed Software in |
| confidence perpetually, with respect to Licensed Software in source code form |
| (human readable), or for a period of five (5) years from the date of |
| termination of this Agreement, with respect to all other parts of the Licensed |
| Software. During this period, you may not disclose any part of the Licensed |
| Software to anyone other than employees who have a need to know of the Licensed |
| Software and who have executed written agreements obligating them to protect |
| such Licensed Software to at least the same degree of care as in this |
| Agreement. You agree to use the same degree of care, but no less than a |
| reasonable degree of care, with the Licensed Software as you do with your own |
| confidential information. You may disclose Licensed Software to the extent |
| required by a court or under operation of law or order provided that you notify |
| NXP of such requirement prior to disclosure, which you only disclose |
| information required, and that you allow NXP the opportunity to object to such |
| court or other legal body requiring such disclosure. |
| |
| 18. TRADEMARKS. You are not authorized to use any NXP |
| trademarks, brand names, or logos. |
| |
| 19. ENTIRE AGREEMENT. This Agreement constitutes the entire |
| agreement between you and NXP regarding the subject matter of this Agreement, |
| and supersedes all prior communications, negotiations, understandings, |
| agreements or representations, either written or oral, if any. This Agreement |
| may only be amended in written form, signed by you and NXP. |
| |
| 20. SEVERABILITY. If any provision of this Agreement is held for |
| any reason to be invalid or unenforceable, then the remaining provisions of |
| this Agreement will be unimpaired and, unless a modification or replacement of |
| the invalid or unenforceable provision is further held to deprive you or NXP of |
| a material benefit, in which case the Agreement will immediately terminate, the |
| invalid or unenforceable provision will be replaced with a provision that is |
| valid and enforceable and that comes closest to the intention underlying the |
| invalid or unenforceable provision. |
| |
| 21. NO WAIVER. The waiver by NXP of any breach of any provision |
| of this Agreement will not operate or be construed as a waiver of any other or |
| a subsequent breach of the same or a different provision. |
| |
| 22. AUDIT. You will keep full, clear and accurate records with |
| respect to your compliance with the limited license rights granted under this |
| Agreement for three years following expiration or termination of this |
| Agreement. NXP will have the right, either itself or through an independent |
| certified public accountant to examine and audit, at NXP's expense, not more |
| than once a year, and during normal business hours, all such records that may |
| bear upon your compliance with the limited license rights granted above. You |
| must make prompt adjustment to compensate for any errors and/or omissions |
| disclosed by such examination or audit. |
| |
| 23. NOTICES. All notices and communications under |
| this Agreement will be made in writing, and will be effective when received |
| at the following addresses: |
| |
| NXP: Freescale Semiconductor, Inc. |
| |
| 6501 William Cannon West OE62 |
| |
| Austin, Texas 78735 |
| |
| ATTN: Legal Department |
| You: The address provided at registration will be used. |
| |
| 24. RELATIONSHIP OF THE PARTIES. The parties are independent |
| contractors. Nothing in this Agreement will be construed to create any |
| partnership, joint venture, or similar relationship. Neither party is |
| authorized to bind the other to any obligations with third parties. |
| |
| 25. SUCCESSION AND ASSIGNMENT. This Agreement will be binding |
| upon and inure to the benefit of the parties and their permitted successors |
| and assigns. You may not assign this Agreement, or any part of this Agreement, |
| without the prior written approval of NXP, which approval will not be |
| unreasonably withheld or delayed. |
| |
| |
| |
| |
| |
| |
| APPENDIX A |
| |
| Other License Grants and Restrictions: |
| |
| The Licensed Software may include some or all of the following software, which |
| is either 1) not NXP proprietary software or 2) NXP proprietary software |
| subject to different terms than those in the Agreement. If the Software Content |
| Register that accompanies the Licensed Software identifies any of the following |
| Third Party Software or specific components of the NXP Proprietary Software, |
| the following terms apply to the extent they deviate from the terms in the |
| Agreement: |
| |
| Third Party Software |
| |
| Use Restrictions |
| |
| Atheros |
| |
| Use of Atheros software is limited to evaluation and demonstration only. |
| Permitted distributions must be similarly limited. Further rights must be |
| obtained directly from Atheros. |
| |
| ATI (AMD) |
| |
| Distribution of ATI software must be a part of, or embedded within, Authorized |
| Systems that include a ATI graphics processor core. |
| |
| Broadcom Corporation |
| |
| Your use of Broadcom Corporation software is restricted to Authorized Systems |
| that incorporate a compatible integrated circuit device manufactured or sold by |
| Broadcom. |
| |
| Cirque Corporation |
| |
| Use of Cirque Corporation technology is limited to evaluation, demonstration, |
| or certification testing only. Permitted distributions must be similarly |
| limited. Further rights, including but not limited to ANY commercial |
| distribution rights, must be obtained directly from Cirque Corporation. |
| |
| Coding Technologies (Dolby Labs) |
| |
| Use of CTS software is limited to evaluation and demonstration only. Permitted |
| distributions must be similarly limited. Further rights must be obtained from |
| Dolby Laboratories. |
| |
| CSR |
| |
| Use of Cambridge Silicon Radio, Inc. ("CSR") software is limited to evaluation |
| and demonstration only. Permitted distributions must be similarly limited. |
| Further rights must be obtained directly from CSR. |
| |
| NXP Wireless Charging Library |
| |
| License to the Software is limited to use in inductive coupling or wireless |
| charging applications |
| |
| Global Locate (Broadcom Corporation) |
| |
| Use of Global Locate, Inc. software is limited to evaluation and demonstration |
| only. Permitted distributions must be similarly limited. Further rights must |
| be obtained from Global Locate. |
| |
| Imagination Technologies Limited (IMG) |
| |
| If the Licensed Software includes proprietary software developed by IMG, your |
| rights are limited to a non-exclusive, world-wide right and non-transferrable |
| and non-sub-licensable license (i) to use and modify the Licensed Software and |
| documentation and (ii) to copy and distribute the Licensed Software only in |
| object code form solely for use on NXP Rayleigh products. If you are provided |
| with the Licensed Software in source code format, you are restricted to |
| accessing only those deliverables in source code format which are necessary for |
| you to carry out either specific customization or porting work in association |
| with NXP's Rayleigh products or your Authorized System. |
| |
| The confidentiality restrictions shall continue in force without limit in time |
| notwithstanding the termination or expiration of this Agreement. |
| |
| Micrium |
| |
| uC/OS-II and uC/OS-III is provided in source form for FREE short-term |
| evaluation, for educational use or for peaceful research. If you plan or |
| intend to use uC/OS-II or uC/OS-III in a commercial application/product then, |
| you need to contact Micrium to properly license uC/OS-II or uC/OS-III for its |
| use in your application/product. We provide ALL the source code for your |
| convenience and to help you experience uC/OS-II or uC/OS-III. The fact that |
| the source is provided does NOT mean that you can use it commercially without |
| paying a licensing fee. |
| |
| Microsoft |
| |
| If the Licensed Software includes software owned by Microsoft Corporation |
| ("Microsoft"), it is subject to the terms of your license with Microsoft |
| (the "Microsoft Underlying Licensed Software") and as such, NXP grants no |
| license to you, beyond evaluation and demonstration in connection with NXP |
| processors, in the Microsoft Underlying Licensed Software. You must separately |
| obtain rights beyond evaluation and demonstration in connection with the |
| Microsoft Underlying Licensed Software from Microsoft. |
| |
| Microsoft does not provide support services for the components provided |
| to you through this Agreement. If you have any questions or require |
| technical assistance, please contact NXP. Microsoft Corporation is a third |
| party beneficiary to this Agreement with the right to enforce the terms of |
| this Agreement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT AND ITS |
| AFFILIATES DISCLAIM ANY WARRANTIES FOR THE MICROSOFT UNDERLYING LICENSED |
| SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MICROSOFT NOR ITS |
| AFFILIATES WILL BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY |
| DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, |
| INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, |
| INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, |
| ARISING FROM THE FROM THE USE OF THE MICROSOFT UNDERLYING LICENSED SOFTWARE. |
| |
| MindTree |
| |
| Notwithstanding the terms contained in Section 2.3 (a), if the Licensed |
| Software includes proprietary software of MindTree in source code format, |
| Licensee may make modifications and create derivative works only to the |
| extent necessary for debugging of the Licensed Software. |
| |
| MPEG LA |
| |
| Use of MPEG LA audio or video codec technology is limited to evaluation |
| and demonstration only. Permitted distributions must be similarly limited. |
| Further rights must be obtained directly from MPEG LA. |
| |
| MQX RTOS Code |
| |
| MQX RTOS source code may not be re-distributed by any FSL Licensee under any |
| circumstance, even by a signed written amendment to this Agreement. |
| |
| Opus |
| |
| Use of Opus software must be consistent with the terms of the Opus license |
| which can be found at: {http://www.opus-codec.org/license/} |
| |
| Real Networks - its GStreamer Optimized Real Format Client Code implementation |
| or OpenMax Optimized Real Format Client Code |
| |
| Use of the GStreamer Optimized Real Format Client Code, or OpenMax Optimized |
| Real Format Client code is restricted to applications in the automotive market. |
| Licensee must be a final manufacturer in good standing with a current license |
| with Real Networks for the commercial use and distribution of products |
| containing the GStreamer Optimized Real Format Client Code implementation or |
| OpenMax Optimized Real Format Client Code |
| |
| SanDisk Corporation |
| |
| If the Licensed Software includes software developed by SanDisk Corporation |
| ("SanDisk"), you must separately obtain the rights to reproduce and distribute |
| this software in source code form from SanDisk. Please follow these easy steps |
| to obtain the license and software: |
| |
| 1. Contact your local SanDisk sales representative to obtain the SanDisk |
| License Agreement. |
| |
| 2. Sign the license agreement. Fax the signed agreement to SanDisk USA |
| marketing department at 408-542-0403. The license will be valid when fully |
| executed by SanDisk. |
| |
| 3. If you have specific questions, please send an email to |
| sales@sandisk.com |
| |
| You may only use the SanDisk Corporation Licensed Software on products |
| compatible with a SanDisk Secure Digital Card. You may not use the SanDisk |
| Corporation Licensed Software on any memory device product. SanDisk retains |
| all rights to any modifications or derivative works to the SanDisk Corporation |
| Licensed Software that you may create. |
| |
| Texas Instruments |
| |
| Your use of Texas Instruments Inc. WiLink8 Licensed Software is restricted to |
| NXP SoC based systems that include a compatible connectivity device |
| manufactured by TI. |
| |
| Vivante |
| |
| Distribution of Vivante software must be a part of, or embedded within, |
| Authorized Systems that include a Vivante Graphics Processing Unit. |
| |
| |
| Synopsys/Target Compiler Technologies |
| |
| |
| Your use of the Synopsys/Target Compiler Technologies Licensed Software |
| and related documentation is subject to the following: |
| |
| - Duration of the license for the Licensed Software is limited to |
| 12 months, unless otherwise specified in the license file. |
| |
| - The Licensed Software is usable by one user at a time on a single |
| designated computer, unless otherwise agreed by Synopsys. |
| |
| - Licensed Software and documentation are to be used only on a |
| designated computer at the designated physical address provided by you on the |
| APEX license form. |