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. |