Dmitry Shmidt | 5d08080 | 2017-04-11 14:20:03 -0700 | [diff] [blame] | 1 | THIS END USER LICENCE AGREEMENT ("LICENCE") IS A LEGAL AGREEMENT |
| 2 | BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND |
| 3 | ARM LIMITED ("ARM") FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS |
| 4 | LICENCE. ARM IS ONLY WILLING TO LICENSE THE SOFTWARE TO YOU ON |
| 5 | CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY |
| 6 | CLICKING "I AGREE" OR BY INSTALLING OR OTHERWISE USING OR COPYING THE |
| 7 | SOFTWARE YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS |
| 8 | OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM |
| 9 | IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, |
| 10 | USE OR COPY THE SOFTWARE, AND YOU SHOULD PROMPTLY RETURN THE SOFTWARE |
| 11 | TO YOUR SUPPLIER. |
| 12 | |
| 13 | "Software" means any software, firmware and data accompanying this |
| 14 | Licence, any printed, electronic or online documentation supplied with |
| 15 | it 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. |
| 70 | |
| 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 | |
| 177 | Mali GPU Userspace LES-PRE-20376 |