You can not select more than 25 topics
Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
140 lines
8.8 KiB
140 lines
8.8 KiB
7 years ago
|
### CYPRESS WIRELESS CONNECTIVITY DEVICES
|
||
|
### DRIVER END USER LICENSE AGREEMENT (SOURCE AND BINARY DISTRIBUTION)
|
||
|
|
||
|
PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE
|
||
|
DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE, ANY ACCOMPANYING
|
||
|
DOCUMENTATION, OR ANY UPDATES PROVIDED BY CYPRESS ("Software"). BY
|
||
|
DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND
|
||
|
BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
|
||
|
AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE. IF YOU HAVE
|
||
|
PURCHASED THE SOFTWARE, YOUR RIGHT TO RETURN THE SOFTWARE EXPIRES 30 DAYS
|
||
|
AFTER YOUR PURCHASE AND APPLIES ONLY TO THE ORIGINAL PURCHASER.
|
||
|
|
||
|
Software Provided in Binary Code Form. This paragraph applies to any Software
|
||
|
provided in binary code form. Subject to the terms and conditions of this
|
||
|
Agreement, Cypress Semiconductor Corporation ("Cypress") grants you a
|
||
|
non-exclusive, non-transferable license under its copyright rights in the
|
||
|
Software to reproduce and distribute the Software in object code form only,
|
||
|
solely for use in connection with Cypress integrated circuit products
|
||
|
("Purpose").
|
||
|
|
||
|
Software Provided in Source Code Form. This paragraph applies to any Software
|
||
|
provided in source code form ("Cypress Source Code"). Subject to the terms and
|
||
|
conditions of this Agreement, Cypress grants you a non-exclusive,
|
||
|
non-transferable license under its copyright rights in the Cypress Source Code
|
||
|
to reproduce, modify, compile, and distribute the Cypress Source Code (whether
|
||
|
in source code form or as compiled into binary code form) solely for the
|
||
|
Purpose. Cypress retains ownership of the Cypress Source Code and any compiled
|
||
|
version thereof. Subject to Cypress' ownership of the underlying Cypress
|
||
|
Source Code, you retain ownership of any modifications you make to the
|
||
|
Cypress Source Code. You agree not to remove any Cypress copyright or other
|
||
|
notices from the Cypress Source Code and any modifications thereof. Any
|
||
|
reproduction, modification, translation, compilation, or representation of
|
||
|
the Cypress Source Code except as permitted in this paragraph is prohibited
|
||
|
without the express written permission of Cypress.
|
||
|
|
||
|
Free and Open Source Software. Portions of the Software may be licensed under
|
||
|
free and/or open source licenses such as the GNU General Public License
|
||
|
("FOSS"). FOSS is subject to the applicable license agreement and not this
|
||
|
Agreement. If you are entitled to receive the source code from Cypress for any
|
||
|
FOSS included with the Software, either the source code will be included with
|
||
|
the Software or you may obtain the source code at no charge from
|
||
|
<http://www.cypress.com/go/opensource>. The applicable license terms will
|
||
|
accompany each source code package. To review the license terms applicable to
|
||
|
any FOSS for which Cypress is not required to provide you with source code,
|
||
|
please see the Software's installation directory on your computer.
|
||
|
|
||
|
Proprietary Rights. The Software, including all intellectual property rights
|
||
|
therein, is and will remain the sole and exclusive property of Cypress or its
|
||
|
suppliers. Except as otherwise expressly provided in this Agreement, you may
|
||
|
not: (i) modify, adapt, or create derivative works based upon the Software;
|
||
|
(ii) copy the Software; (iii) except and only to the extent explicitly
|
||
|
permitted by applicable law despite this limitation, decompile, translate,
|
||
|
reverse engineer, disassemble or otherwise reduce the Software to
|
||
|
human-readable form; or (iv) use the Software other than for the Purpose.
|
||
|
|
||
|
No Support. Cypress may, but is not required to, provide technical support for
|
||
|
the Software.
|
||
|
|
||
|
Term and Termination. This Agreement is effective until terminated, and either
|
||
|
party may terminate this Agreement at any time with or without cause. Your
|
||
|
license rights under this Agreement will terminate immediately without notice
|
||
|
from Cypress if you fail to comply with any provision of this Agreement. Upon
|
||
|
termination, you must destroy all copies of Software in your possession or
|
||
|
control. Termination of this Agreement will not affect any licenses validly
|
||
|
granted as of the termination date to any end users of the Software. The
|
||
|
following paragraphs shall survive any termination of this Agreement: "Free and
|
||
|
Open Source Software," "Proprietary Rights," "Compliance With Law,"
|
||
|
"Disclaimer," "Limitation of Liability," and "General."
|
||
|
|
||
|
Compliance With Law. Each party agrees to comply with all applicable laws,
|
||
|
rules and regulations in connection with its activities under this Agreement.
|
||
|
Without limiting the foregoing, the Software may be subject to export control
|
||
|
laws and regulations of the United States and other countries. You agree to
|
||
|
comply strictly with all such laws and regulations and acknowledge that you
|
||
|
have the responsibility to obtain licenses to export, re-export, or import
|
||
|
the Software.
|
||
|
|
||
|
Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYPRESS MAKES
|
||
|
NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE,
|
||
|
INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF
|
||
|
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cypress reserves the
|
||
|
right to make changes to the Software without notice. Cypress does not assume
|
||
|
any liability arising out of the application or use of Software or any
|
||
|
product or circuit described in the Software. Cypress does not authorize its
|
||
|
products for use as critical components in life-support systems where a
|
||
|
malfunction or failure may reasonably be expected to result in significant
|
||
|
injury to the user. The inclusion of Cypress' product in a life-support
|
||
|
system or application implies that the manufacturer of such system or
|
||
|
application assumes all risk of such use and in doing so indemnifies Cypress
|
||
|
against all charges.
|
||
|
|
||
|
Limitation of Liability. IN NO EVENT WILL CYPRESS OR ITS SUPPLIERS,
|
||
|
RESELLERS, OR DISTRIBUTORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA,
|
||
|
OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES
|
||
|
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE
|
||
|
USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF CYPRESS OR ITS SUPPLIERS,
|
||
|
RESELLERS, OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
|
||
|
DAMAGES. IN NO EVENT SHALL CYPRESS' OR ITS SUPPLIERS' RESELLERS', OR
|
||
|
DISTRIBUTORS' TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING
|
||
|
NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE.
|
||
|
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS
|
||
|
OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
|
||
|
LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
|
||
|
LIMITATION MAY NOT APPLY TO YOU.
|
||
|
|
||
|
Restricted Rights. The Software under this Agreement is commercial computer
|
||
|
software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If
|
||
|
acquired by or on behalf of a civilian agency, the U.S. Government acquires
|
||
|
this commercial computer software and/or commercial computer software
|
||
|
documentation subject to the terms of this Agreement as specified in 48
|
||
|
C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal
|
||
|
Acquisition Regulations ("FAR") and its successors. If acquired by or on
|
||
|
behalf of any agency within the Department of Defense ("DOD"), the U.S.
|
||
|
Government acquires this commercial computer software and/or commercial
|
||
|
computer software documentation subject to the terms of this Agreement as
|
||
|
specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its
|
||
|
successors.
|
||
|
|
||
|
General. This Agreement will bind and inure to the benefit of each party's
|
||
|
successors and assigns, provided that you may not assign or transfer this
|
||
|
Agreement, in whole or in part, without Cypress' written consent. This
|
||
|
Agreement shall be governed by and construed in accordance with the laws of
|
||
|
the State of California, United States of America, as if performed wholly
|
||
|
within the state and without giving effect to the principles of conflict of
|
||
|
law. The parties consent to personal and exclusive jurisdiction of and venue
|
||
|
in, the state and federal courts within Santa Clara County, California;
|
||
|
provided however, that nothing in this Agreement will limit Cypress' right to
|
||
|
bring legal action in any venue in order to protect or enforce its
|
||
|
intellectual property rights. No failure of either party to exercise or
|
||
|
enforce any of its rights under this Agreement will act as a waiver of such
|
||
|
rights. If any portion hereof is found to be void or unenforceable, the
|
||
|
remaining provisions of this Agreement shall remain in full force and
|
||
|
effect. This Agreement is the complete and exclusive agreement between the
|
||
|
parties with respect to the subject matter hereof, superseding and replacing
|
||
|
any and all prior agreements, communications, and understandings (both
|
||
|
written and oral) regarding such subject matter. Any notice to Cypress will
|
||
|
be deemed effective when actually received and must be sent to Cypress
|
||
|
Semiconductor Corporation, ATTN: Chief Legal Officer, 198 Champion Court, San
|
||
|
Jose, CA 95134 USA.
|