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Dmitry Shmidt5d080802017-04-11 14:20:03 -07001THIS END USER LICENCE AGREEMENT ("LICENCE") IS A LEGAL AGREEMENT
2BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND
3ARM LIMITED ("ARM") FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS
4LICENCE. ARM IS ONLY WILLING TO LICENSE THE SOFTWARE TO YOU ON
5CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY
6CLICKING "I AGREE" OR BY INSTALLING OR OTHERWISE USING OR COPYING THE
7SOFTWARE YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS
8OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM
9IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL,
10USE OR COPY THE SOFTWARE, AND YOU SHOULD PROMPTLY RETURN THE SOFTWARE
11TO YOUR SUPPLIER.
12
13"Software" means any software, firmware and data accompanying this
14Licence, any printed, electronic or online documentation supplied with
15it under the terms of this Licence for the MALI GPU Driver.
16
17 1. LICENCE GRANTS TO YOU.
18
19 1.1 ARM hereby grants to you, subject to the terms and conditions of
20 this Licence, a non-exclusive, non-transferable, revocable, worldwide
21 licence to: (i) use the Software or certain components or optional
22 functionality in the Software, as applicable, solely for the purposes
23 of designing or developing applications for use in conjunction with
24 MALI GPU based products manufactured under licence from ARM; and (ii)
25 modify the Software or certain components or optional functionality in
26 the Software for the purposes of porting the Software to your target;
27
28 2. RESTRICTIONS ON USE OF THE SOFTWARE.
29
30 COPYING: You shall not use or copy the Software except as expressly
31 authorised in this Licence. You may make one additional copy of the
32 delivered Software for backup or archival purposes.
33
34 BENCHMARKING: This Licence does not prevent you from using the
35 Software for internal benchmarking purposes. However, you shall treat
36 any and all benchmarking data relating to the Software, and any other
37 results of your use or testing of the Software which are indicative of
38 its performance, efficacy, reliability or quality, as confidential
39 information and you shall not disclose such information to any third
40 party without the express written permission of ARM.
41
42 COPYRIGHT AND RESERVATION OF RIGHTS: The Software is owned by ARM or
43 its licensors and is protected by copyright and other intellectual
44 property laws and international treaties. The Software is licensed not
45 sold. You acquire no rights to the Software other than as expressly
46 provided by this Licence. You shall not remove from the Software any
47 copyright notice or other notice and shall ensure that any such notice
48 is reproduced in any copies of the whole or any part of the Software
49 made by you or other permitted users.
50
51 REVERSE ENGINEERING: Except to the extent that such activity is
52 permitted by applicable law you shall not reverse engineer, decompile
53 or disassemble any of the Software. If the Software was provided to
54 you in Europe you shall not reverse engineer, decompile or disassemble
55 any of the Software for the purposes of error correction.
56
57 3. SUPPORT.
58
59 ARM is not under an obligation to provide support, but it may do so at
60 its own discretion, and if it does, it will only be in respect of the
61 Software as delivered and not any modifications thereto.
62
63 4. NO WARRANTIES.
64
65 YOU AGREE THAT THE SOFTWARE IS LICENSED "AS IS", AND THAT ARM
66 EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR
67 OTHER TERMS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT
68 LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY
69 QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
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71 YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION
72 OF SOFTWARE APPLICATIONS, INCLUDING WITHOUT LIMITATION, SOFTWARE
73 APPLICATIONS DESIGNED OR INTENDED FOR MISSION CRITICAL APPLICATIONS,
74 SUCH AS PACEMAKERS, WEAPONRY, AIRCRAFT NAVIGATION, FACTORY CONTROL
75 SYSTEMS, ETC. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE
76 ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
77
78 5. LIMITATION OF LIABILITY.
79
80 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
81 ARM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
82 DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR
83 INABILITY TO USE THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT,
84 TORT OR OTHER LEGAL THEORY, EVEN IF ARM WAS ADVISED OF THE POSSIBILITY
85 OF SUCH DAMAGES.
86
87 ARM does not seek to limit or exclude liability for death or personal
88 injury arising from ARM's negligence or ARM's fraud and because some
89 jurisdictions do not permit the exclusion or limitation of liability
90 for consequential or incidental damages the above limitation relating
91 to liability for consequential damages may not apply to you.
92
93 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE,
94 THE MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE
95 AGAINST ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH
96 THE SUBJECT MATTER OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF:
97 (I) THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE;
98 AND (II) $10.00 USD. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT
99 ENLARGE OR EXTEND THE LIMIT.
100
101 6. CONFIDENTIALITY.
102
103 You acknowledge that the Software and any benchmarking data and
104 related information mentioned in Clause 2 may contain trade secrets
105 and confidential material and you agree to maintain all such
106 information in confidence and apply security measures no less
107 stringent than the measures which you apply to protect your own like
108 information, but not less than a reasonable degree of care, to prevent
109 their unauthorised disclosure and use. Subject to any restrictions
110 imposed by applicable law, the period of confidentiality shall be
111 indefinite. You agree not to use any such information other than in
112 normal use of the Software under the licences granted in this Licence.
113
114 7. U.S. GOVERNMENT END USERS.
115
116 US Government Restrictions: Use, duplication, reproduction, release,
117 modification, disclosure or transfer of the Software is restricted in
118 accordance with the terms of this Licence.
119
120 8. TERM AND TERMINATION.
121
122 This Licence shall remain in force until terminated by you or by
123 ARM. Without prejudice to any of its other rights if you are in breach
124 of any of the terms and conditions of this Licence then ARM may
125 terminate this Licence immediately upon giving written notice to you
126 or on thirty (30) days written notice without cause. You may terminate
127 this Licence at any time. Upon termination of this Licence by you or
128 by ARM , you shall stop using the Software and confidential
129 information and destroy all copies of the Software and confidential
130 information in your possession, together with all documentation and
131 related materials. The provisions of clauses 4, 5, 6, 7, 8 and 9 shall
132 survive termination of this Licence.
133
134 9. GENERAL.
135
136 This Licence is governed by English Law. Except where ARM agrees
137 otherwise in: (i) a written contract signed by you and ARM; or (ii) a
138 written contract provided by ARM and accepted by you, this is the only
139 agreement between you and ARM relating to the Software and it may only
140 be modified by written agreement between you and ARM. Except as
141 expressly agreed in writing, this Licence may not be modified by
142 purchase orders, advertising or other representation by any person. If
143 any clause or sentence in this Licence is held by a court of law to be
144 illegal or unenforceable the remaining provisions of this Licence
145 shall not be affected thereby. The failure by ARM to enforce any of
146 the provisions of this Licence, unless waived in writing, shall not
147 constitute a waiver of ARM's rights to enforce such provision or any
148 other provision of this Licence in the future.
149
150 At ARM's request, you agree to check your computers for installations
151 of the Software and any other information requested by ARM relating to
152 Software installation and to provide this information to ARM. You
153 agree that auditors nominated by ARM may also perform such checking
154 and reporting on behalf of ARM by prior appointment during your normal
155 business hours on seven (7) days' notice. ARM shall bear the auditors'
156 costs for that audit unless it reveals unlicensed usage in which case
157 you shall promptly reimburse ARM for all reasonable costs and
158 expenses, including professional fees, relating to such audit. Any
159 information which is disclosed to ARM or such auditors during checking
160 or audit shall be treated as your confidential information and shall
161 only be used by ARM for licence management, compliance and enforcement
162 purposes.
163
164 The Software provided under this Licence is subject to U.S. export
165 control laws, including the U.S. Export Administration Act and its
166 associated regulations, and may be subject to export or import
167 regulations in other countries. You agree to comply fully with all
168 laws and regulations of the United States and other countries ("Export
169 Laws") to assure that the Software, is not (1) exported, directly or
170 indirectly, in violation of Export Laws, either to any countries that
171 are subject to U.S.A. export restrictions or to any end user who has
172 been prohibited from participating in the U.S.A. export transactions
173 by any federal agency of the U.S.A. government; or (2) intended to be
174 used for any purpose prohibited by Export Laws, including, without
175 limitation, nuclear, chemical, or biological weapons proliferation.
176
177Mali GPU Userspace LES-PRE-20376