John Stultz | 7923040 | 2018-03-28 12:03:20 -0700 | [diff] [blame] | 1 | LES-PRE-20769
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| 2 | SP-Version: 1.0
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| 3 | 25 November 2015
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| 4 |
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| 5 | END USER LICENCE AGREEMENT FOR THE MALI USERSPACE DRIVER ("Mali DRIVER")
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| 6 |
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| 7 | THIS END USER LICENCE AGREEMENT ("LICENCE") IS A LEGAL AGREEMENT
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| 8 | BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND
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| 9 | ARM LIMITED ("ARM") FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS
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| 10 | LICENCE. ARM IS ONLY WILLING TO LICENSE THE SOFTWARE TO YOU ON
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| 11 | CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY
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| 12 | INSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU INDICATE
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| 13 | THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS LICENCE. IF YOU
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| 14 | DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE
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| 15 | THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE,
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| 16 | AND YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO YOUR SUPPLIER.
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| 17 |
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| 18 | "Applications" means applications for use solely in conjunction with
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| 19 | Mali-based products manufactured under licence from ARM.
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| 20 |
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| 21 | "Output" means data resulting from your use of the Software and all
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| 22 | direct and indirect derivatives thereof.
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| 23 |
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| 24 | "Software" means any software, firmware and data accompanying this
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| 25 | Licence, any printed, electronic or online documentation supplied with
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| 26 | it under the terms of this Licence for the Mali Driver.
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| 27 |
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| 28 | 1. LICENCE GRANTS TO YOU.
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| 29 |
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| 30 | 1.1 ARM hereby grants to you, subject to the terms and conditions of
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| 31 | this Licence, a non-exclusive, non-transferable, revocable, worldwide
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| 32 | licence to:
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| 33 |
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| 34 | (i) use and copy the Software or certain components or optional
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| 35 | functionality in the Software, as applicable, solely for the
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| 36 | purposes of running, designing or developing Applications; and
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| 37 |
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| 38 | (ii) subject to Clause 1.2, distribute the whole of the Software;
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| 39 | and/or (b) the whole or any part of the Software together
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| 40 | with, or as incorporated into, Applications; and
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| 41 |
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| 42 | 1.2 If you choose to redistribute the whole or any part of the
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| 43 | Software pursuant to the licences granted in Clause 1.1(ii), you
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| 44 | agree: (i) not to use ARM's or any of its licensors names, logos or
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| 45 | trademarks to market Applications; (ii) to retain any and all
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| 46 | copyright notices and other notices (whether ARM's or its licensor's)
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| 47 | which are included with the Software; and (iii) include a copy of this
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| 48 | Licence with such redistribution.
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| 49 |
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| 50 | 2. RESTRICTIONS ON USE OF THE SOFTWARE.
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| 51 |
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| 52 | BENCHMARKING: This Licence does not prevent you from using the
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| 53 | Software for benchmarking purposes. However, you shall ensure that any
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| 54 | and all benchmarking data relating to the Software, and any other
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| 55 | results of your use or testing of the Software which are indicative of
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| 56 | its performance, efficacy, reliability or quality, shall not be used
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| 57 | to disparage ARM, its products or services, or in a manner that, in
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| 58 | ARM's reasonable judgment, may diminish or otherwise damage the
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| 59 | reputation of ARM.
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| 60 |
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| 61 | COPYRIGHT AND RESERVATION OF RIGHTS: The Software is owned by ARM or
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| 62 | its licensors and is protected by copyright and other intellectual
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| 63 | property laws and international treaties. The Software is licensed not
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| 64 | sold. You acquire no rights to the Software other than as expressly
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| 65 | provided by this Licence. You shall not remove from the Software any
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| 66 | copyright notice or other notice and shall ensure that any such notice
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| 67 | is reproduced in any copies of the whole or any part of the Software
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| 68 | made by you or other permitted users.
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| 69 |
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| 70 | REVERSE ENGINEERING: Except to the extent that such activity is
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| 71 | permitted by applicable law you shall not reverse engineer, decompile
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| 72 | or disassemble any of the Software. If the Software was provided to
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| 73 | you in Europe you shall not reverse engineer, decompile or disassemble
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| 74 | any of the Software for the purposes of error correction.
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| 75 |
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| 76 | RESTRICTED USE: You agree that you shall not use the Software or the
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| 77 | Output other than pursuant to and in accordance with the exercise of
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| 78 | any of the licences granted under this Licence. Without limiting the
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| 79 | generality of the foregoing, you shall not use the Software or any
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| 80 | Output: (a) for determining if any features, functions or processes
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| 81 | provided by the Software are covered by any patents or patent
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| 82 | applications owned by you or a third party; or (b) for developing
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| 83 | technology, applications or products which avoid any of ARM's
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| 84 | intellectual property in the Software licensed hereunder; or (c) as a
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| 85 | reference for modifying existing patents or patent applications or
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| 86 | creating any continuation, continuation in part, or extension of
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| 87 | existing patents or patent applications.
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| 88 |
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| 89 | 3. SUPPORT.
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| 90 |
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| 91 | ARM is not under an obligation to provide support, but it may do so at
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| 92 | its own discretion, and if it does, it will only be in respect of the
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| 93 | Software as delivered.
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| 94 |
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| 95 | 4. NO WARRANTIES.
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| 96 |
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| 97 | YOU AGREE THAT THE SOFTWARE IS LICENSED "AS IS", AND THAT ARM
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| 98 | EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR
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| 99 | OTHER TERMS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT
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| 100 | LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY
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| 101 | QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
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| 102 |
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| 103 | YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION
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| 104 | OF APPLICATIONS, INCLUDING WITHOUT LIMITATION, APPLICATIONS DESIGNED
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| 105 | OR INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS,
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| 106 | WEAPONRY, AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULD
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| 107 | THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL
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| 108 | NECESSARY SERVICING, REPAIR OR CORRECTION.
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| 109 |
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| 110 | 5. LIMITATION OF LIABILITY.
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| 111 |
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| 112 | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
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| 113 | ARM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
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| 114 | DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR
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| 115 | INABILITY TO USE THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT,
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| 116 | TORT OR OTHER LEGAL THEORY, EVEN IF ARM WAS ADVISED OF THE POSSIBILITY
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| 117 | OF SUCH DAMAGES.
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| 118 |
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| 119 | ARM does not seek to limit or exclude liability for death or personal
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| 120 | injury arising from ARM's negligence or ARM's fraud and because some
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| 121 | jurisdictions do not permit the exclusion or limitation of liability
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| 122 | for consequential or incidental damages the above limitation relating
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| 123 | to liability for consequential damages may not apply to you.
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| 124 |
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| 125 | NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE,
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| 126 | THE MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE
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| 127 | AGAINST ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH
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| 128 | THE SUBJECT MATTER OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF:
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| 129 | (I) THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE;
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| 130 | AND (II) $10.00 USD. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT
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| 131 | ENLARGE OR EXTEND THE LIMIT.
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| 132 |
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| 133 | 6. U.S. GOVERNMENT END USERS.
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| 134 |
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| 135 | US Government Restrictions: Use, duplication, reproduction, release,
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| 136 | modification, disclosure or transfer of the Software is restricted in
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| 137 | accordance with the terms of this Licence.
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| 138 |
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| 139 | 7. TERM AND TERMINATION.
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| 140 |
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| 141 | This Licence shall remain in force until terminated by you or by ARM.
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| 142 | Without prejudice to any of its other rights if you are in breach of
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| 143 | any of the terms and conditions of this Licence then ARM may terminate
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| 144 | this Licence immediately upon giving written notice to you or on
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| 145 | thirty (30) days written notice without cause. You may terminate this
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| 146 | Licence at any time. Upon termination of this Licence by you or by ARM
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| 147 | , you shall stop using the Software and destroy all copies of the
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| 148 | Software in your possession, together with all documentation and
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| 149 | related materials. The provisions of clauses 2, 3, 4, 5, 6, 7, and 8
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| 150 | shall survive termination of this Licence.
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| 151 |
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| 152 | 8. GENERAL.
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| 153 |
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| 154 | This Licence is governed by English Law. Except where ARM agrees
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| 155 | otherwise in: (i) a written contract signed by you and ARM; or (ii) a
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| 156 | written contract provided by ARM and accepted by you, this is the only
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| 157 | agreement between you and ARM relating to the Software and it may only
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| 158 | be modified by written agreement between you and ARM. Except as
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| 159 | expressly agreed in writing, this Licence may not be modified by
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| 160 | purchase orders, advertising or other representation by any person. If
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| 161 | any clause or sentence in this Licence is held by a court of law to be
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| 162 | illegal or unenforceable the remaining provisions of this Licence
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| 163 | shall not be affected thereby. The failure by ARM to enforce any of
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| 164 | the provisions of this Licence, unless waived in writing, shall not
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| 165 | constitute a waiver of ARM's rights to enforce such provision or any
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| 166 | other provision of this Licence in the future.
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| 167 |
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| 168 | At ARM's request, you agree to check your computers for installations
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| 169 | of the Software and any other information requested by ARM relating to
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| 170 | Software installation and to provide this information to ARM. You
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| 171 | agree that auditors nominated by ARM may also perform such checking
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| 172 | and reporting on behalf of ARM by prior appointment during your normal
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| 173 | business hours on seven (7) days' notice. ARM shall bear the auditors'
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| 174 | costs for that audit unless it reveals unlicensed usage in which case
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| 175 | you shall promptly reimburse ARM for all reasonable costs and
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| 176 | expenses, including professional fees, relating to such audit. Any
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| 177 | information which is disclosed to ARM or such auditors during checking
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| 178 | or audit shall be treated as your confidential information and shall
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| 179 | only be used by ARM for licence management, compliance and enforcement
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| 180 | purposes.
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| 181 |
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| 182 | The Software provided under this Agreement is subject to U.K.,
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| 183 | European Union, and U.S. export control laws and regulations,
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| 184 | including the U.S. Export Administration Act and its associated
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| 185 | regulations (hereafter collectively referred to as "Export
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| 186 | Regulations"). LICENSEE agrees to comply fully with all such Export
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| 187 | Regulations and LICENSEE agrees that it shall not, either directly or
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| 188 | indirectly, export in breach of the Export Regulations, any Software
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| 189 | received under this Agreement, nor any direct products thereof; (i) to
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| 190 | any country, company or person subject to export restrictions or
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| 191 | sanctions under the Export Regulations; or (ii) for any prohibited end
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| 192 | use, which at the time of export requires an export license or other
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| 193 | governmental approval, without first obtaining such license or
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| 194 | approval.
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