| 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 |
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| 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. |
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| "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 GPU Driver. |
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| 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 the Software or certain components or optional |
| functionality in the Software, as applicable, solely for the purposes |
| of designing or developing applications for use in conjunction with |
| MALI GPU based products manufactured under licence from ARM; and (ii) |
| modify the Software or certain components or optional functionality in |
| the Software for the purposes of porting the Software to your target; |
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| 2. RESTRICTIONS ON USE OF THE SOFTWARE. |
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| COPYING: You shall not use or copy the Software except as expressly |
| authorised in this Licence. You may make one additional copy of the |
| delivered Software for backup or archival purposes. |
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| BENCHMARKING: This Licence does not prevent you from using the |
| Software for internal benchmarking purposes. However, you shall treat |
| 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, as confidential |
| information and you shall not disclose such information to any third |
| party without the express written permission of ARM. |
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| 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. |
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| 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. |
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| 3. SUPPORT. |
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| 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 and not any modifications thereto. |
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| 4. NO WARRANTIES. |
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| 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. |
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| YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION |
| OF SOFTWARE APPLICATIONS, INCLUDING WITHOUT LIMITATION, SOFTWARE |
| 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. |
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| 5. LIMITATION OF LIABILITY. |
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| 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. |
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| 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. |
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| 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. |
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| 6. CONFIDENTIALITY. |
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| You acknowledge that the Software and any benchmarking data and |
| related information mentioned in Clause 2 may contain trade secrets |
| and confidential material and you agree to maintain all such |
| information in confidence and apply security measures no less |
| stringent than the measures which you apply to protect your own like |
| information, but not less than a reasonable degree of care, to prevent |
| their unauthorised disclosure and use. Subject to any restrictions |
| imposed by applicable law, the period of confidentiality shall be |
| indefinite. You agree not to use any such information other than in |
| normal use of the Software under the licences granted in this Licence. |
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| 7. 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. |
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| 8. TERM AND TERMINATION. |
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| 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 confidential |
| information and destroy all copies of the Software and confidential |
| information in your possession, together with all documentation and |
| related materials. The provisions of clauses 4, 5, 6, 7, 8 and 9 shall |
| survive termination of this Licence. |
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| 9. GENERAL. |
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| 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. |
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| 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. |
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| The Software provided under this Licence is subject to U.S. export |
| control laws, including the U.S. Export Administration Act and its |
| associated regulations, and may be subject to export or import |
| regulations in other countries. You agree to comply fully with all |
| laws and regulations of the United States and other countries ("Export |
| Laws") to assure that the Software, is not (1) exported, directly or |
| indirectly, in violation of Export Laws, either to any countries that |
| are subject to U.S.A. export restrictions or to any end user who has |
| been prohibited from participating in the U.S.A. export transactions |
| by any federal agency of the U.S.A. government; or (2) intended to be |
| used for any purpose prohibited by Export Laws, including, without |
| limitation, nuclear, chemical, or biological weapons proliferation. |
| |
| Mali GPU Userspace LES-PRE-20376 |