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John Stultz79230402018-03-28 12:03:20 -07001LES-PRE-20769
2SP-Version: 1.0
325 November 2015
4
5END USER LICENCE AGREEMENT FOR THE MALI USERSPACE DRIVER ("Mali DRIVER")
6
7THIS END USER LICENCE AGREEMENT ("LICENCE") IS A LEGAL AGREEMENT
8BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND
9ARM LIMITED ("ARM") FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS
10LICENCE. ARM IS ONLY WILLING TO LICENSE THE SOFTWARE TO YOU ON
11CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY
12INSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU INDICATE
13THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS LICENCE. IF YOU
14DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE
15THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE,
16AND YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO YOUR SUPPLIER.
17
18"Applications" means applications for use solely in conjunction with
19Mali-based products manufactured under licence from ARM.
20
21"Output" means data resulting from your use of the Software and all
22direct and indirect derivatives thereof.
23
24"Software" means any software, firmware and data accompanying this
25Licence, any printed, electronic or online documentation supplied with
26it under the terms of this Licence for the Mali Driver.
27
281. LICENCE GRANTS TO YOU.
29
301.1 ARM hereby grants to you, subject to the terms and conditions of
31this Licence, a non-exclusive, non-transferable, revocable, worldwide
32licence to:
33
34(i) use and copy the Software or certain components or optional
35 functionality in the Software, as applicable, solely for the
36 purposes of running, designing or developing Applications; and
37
38(ii) subject to Clause 1.2, distribute the whole of the Software;
39 and/or (b) the whole or any part of the Software together
40 with, or as incorporated into, Applications; and
41
421.2 If you choose to redistribute the whole or any part of the
43Software pursuant to the licences granted in Clause 1.1(ii), you
44agree: (i) not to use ARM's or any of its licensors names, logos or
45trademarks to market Applications; (ii) to retain any and all
46copyright notices and other notices (whether ARM's or its licensor's)
47which are included with the Software; and (iii) include a copy of this
48Licence with such redistribution.
49
502. RESTRICTIONS ON USE OF THE SOFTWARE.
51
52BENCHMARKING: This Licence does not prevent you from using the
53Software for benchmarking purposes. However, you shall ensure that any
54and all benchmarking data relating to the Software, and any other
55results of your use or testing of the Software which are indicative of
56its performance, efficacy, reliability or quality, shall not be used
57to disparage ARM, its products or services, or in a manner that, in
58ARM's reasonable judgment, may diminish or otherwise damage the
59reputation of ARM.
60
61COPYRIGHT AND RESERVATION OF RIGHTS: The Software is owned by ARM or
62its licensors and is protected by copyright and other intellectual
63property laws and international treaties. The Software is licensed not
64sold. You acquire no rights to the Software other than as expressly
65provided by this Licence. You shall not remove from the Software any
66copyright notice or other notice and shall ensure that any such notice
67is reproduced in any copies of the whole or any part of the Software
68made by you or other permitted users.
69
70REVERSE ENGINEERING: Except to the extent that such activity is
71permitted by applicable law you shall not reverse engineer, decompile
72or disassemble any of the Software. If the Software was provided to
73you in Europe you shall not reverse engineer, decompile or disassemble
74any of the Software for the purposes of error correction.
75
76RESTRICTED USE: You agree that you shall not use the Software or the
77Output other than pursuant to and in accordance with the exercise of
78any of the licences granted under this Licence. Without limiting the
79generality of the foregoing, you shall not use the Software or any
80Output: (a) for determining if any features, functions or processes
81provided by the Software are covered by any patents or patent
82applications owned by you or a third party; or (b) for developing
83technology, applications or products which avoid any of ARM's
84intellectual property in the Software licensed hereunder; or (c) as a
85reference for modifying existing patents or patent applications or
86creating any continuation, continuation in part, or extension of
87existing patents or patent applications.
88
893. SUPPORT.
90
91ARM is not under an obligation to provide support, but it may do so at
92its own discretion, and if it does, it will only be in respect of the
93Software as delivered.
94
954. NO WARRANTIES.
96
97YOU AGREE THAT THE SOFTWARE IS LICENSED "AS IS", AND THAT ARM
98EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR
99OTHER TERMS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT
100LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY
101QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
102
103YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION
104OF APPLICATIONS, INCLUDING WITHOUT LIMITATION, APPLICATIONS DESIGNED
105OR INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS,
106WEAPONRY, AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULD
107THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL
108NECESSARY SERVICING, REPAIR OR CORRECTION.
109
1105. LIMITATION OF LIABILITY.
111
112TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
113ARM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
114DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR
115INABILITY TO USE THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT,
116TORT OR OTHER LEGAL THEORY, EVEN IF ARM WAS ADVISED OF THE POSSIBILITY
117OF SUCH DAMAGES.
118
119ARM does not seek to limit or exclude liability for death or personal
120injury arising from ARM's negligence or ARM's fraud and because some
121jurisdictions do not permit the exclusion or limitation of liability
122for consequential or incidental damages the above limitation relating
123to liability for consequential damages may not apply to you.
124
125NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE,
126THE MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE
127AGAINST ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH
128THE SUBJECT MATTER OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF:
129(I) THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE;
130AND (II) $10.00 USD. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT
131ENLARGE OR EXTEND THE LIMIT.
132
1336. U.S. GOVERNMENT END USERS.
134
135US Government Restrictions: Use, duplication, reproduction, release,
136modification, disclosure or transfer of the Software is restricted in
137accordance with the terms of this Licence.
138
1397. TERM AND TERMINATION.
140
141This Licence shall remain in force until terminated by you or by ARM.
142Without prejudice to any of its other rights if you are in breach of
143any of the terms and conditions of this Licence then ARM may terminate
144this Licence immediately upon giving written notice to you or on
145thirty (30) days written notice without cause. You may terminate this
146Licence at any time. Upon termination of this Licence by you or by ARM
147, you shall stop using the Software and destroy all copies of the
148Software in your possession, together with all documentation and
149related materials. The provisions of clauses 2, 3, 4, 5, 6, 7, and 8
150shall survive termination of this Licence.
151
1528. GENERAL.
153
154This Licence is governed by English Law. Except where ARM agrees
155otherwise in: (i) a written contract signed by you and ARM; or (ii) a
156written contract provided by ARM and accepted by you, this is the only
157agreement between you and ARM relating to the Software and it may only
158be modified by written agreement between you and ARM. Except as
159expressly agreed in writing, this Licence may not be modified by
160purchase orders, advertising or other representation by any person. If
161any clause or sentence in this Licence is held by a court of law to be
162illegal or unenforceable the remaining provisions of this Licence
163shall not be affected thereby. The failure by ARM to enforce any of
164the provisions of this Licence, unless waived in writing, shall not
165constitute a waiver of ARM's rights to enforce such provision or any
166other provision of this Licence in the future.
167
168At ARM's request, you agree to check your computers for installations
169of the Software and any other information requested by ARM relating to
170Software installation and to provide this information to ARM. You
171agree that auditors nominated by ARM may also perform such checking
172and reporting on behalf of ARM by prior appointment during your normal
173business hours on seven (7) days' notice. ARM shall bear the auditors'
174costs for that audit unless it reveals unlicensed usage in which case
175you shall promptly reimburse ARM for all reasonable costs and
176expenses, including professional fees, relating to such audit. Any
177information which is disclosed to ARM or such auditors during checking
178or audit shall be treated as your confidential information and shall
179only be used by ARM for licence management, compliance and enforcement
180purposes.
181
182The Software provided under this Agreement is subject to U.K.,
183European Union, and U.S. export control laws and regulations,
184including the U.S. Export Administration Act and its associated
185regulations (hereafter collectively referred to as "Export
186Regulations"). LICENSEE agrees to comply fully with all such Export
187Regulations and LICENSEE agrees that it shall not, either directly or
188indirectly, export in breach of the Export Regulations, any Software
189received under this Agreement, nor any direct products thereof; (i) to
190any country, company or person subject to export restrictions or
191sanctions under the Export Regulations; or (ii) for any prohibited end
192use, which at the time of export requires an export license or other
193governmental approval, without first obtaining such license or
194approval.