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173 lines
9.5 KiB
173 lines
9.5 KiB
Copyright 2023 Arm Ltd. |
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END USER LICENCE AGREEMENT FOR THE MALI FIRMWARE |
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THIS END USER LICENCE AGREEMENT (“LICENCE”) IS A LEGAL AGREEMENT BETWEEN YOU |
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(EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND ARM LIMITED ("ARM") |
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FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS LICENCE. ARM IS ONLY WILLING |
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TO LICENSE THE SOFTWARE TO YOU ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS |
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IN THIS LICENCE. BY INSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU |
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INDICATE THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS LICENCE. |
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IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE |
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THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE, AND |
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YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO YOUR SUPPLIER. |
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“Applications” means applications for use solely in conjunction with Mali-based |
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products manufactured under licence from ARM. |
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“Output” means data resulting from your use of the Software and all direct |
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and indirect derivatives thereof. |
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“Software” means any software, firmware and data accompanying this Licence, |
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any printed, electronic or online documentation supplied with it under the |
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terms of this Licence. |
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1. LICENCE GRANTS TO YOU. |
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1.1 ARM hereby grants to you, subject to the terms and conditions of this |
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Licence, a non-exclusive, non-transferable, revocable, worldwide licence to: |
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(i) Use the Software for the purposes of installation; |
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(ii) use and copy the Software or certain components or optional |
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functionality in the Software, as applicable, solely for the |
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purposes of running, designing or developing Applications; and |
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(iii) subject to Clause 1.2, distribute the whole of the Software |
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either standalone and/or as incorporated into, Applications. |
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1.2 If you choose to redistribute the whole or any part of the Software |
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pursuant to the licences granted in Clause 1.1(iii), you agree: |
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(i) not to use ARM’s or any of its licensors names, logos or trademarks |
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to market Applications; |
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(ii) to retain any and all copyright notices and other notices (whether |
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ARM’s or its licensor’s) which are included with the Software; and |
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(iii) include a copy of this Licence with such redistribution. |
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2. RESTRICTIONS ON USE OF THE SOFTWARE. |
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COPYRIGHT AND RESERVATION OF RIGHTS: The Software is owned by ARM or its |
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licensors and is protected by copyright and other intellectual property laws |
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and international treaties. The Software is licensed not sold. You acquire |
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no rights to the Software other than as expressly provided by this Licence. |
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You shall not remove from the Software any copyright notice or other notice |
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and shall ensure that any such notice is reproduced in any copies of the |
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whole or any part of the Software made by you or other permitted users. |
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REVERSE ENGINEERING: Except to the extent that such activity is permitted |
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by applicable law you shall not reverse engineer, decompile or disassemble |
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any of the Software. If the Software was provided to you in Europe you shall |
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not reverse engineer, decompile or disassemble any of the Software for the |
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purposes of error correction. |
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RESTRICTED USE |
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You agree that you shall not use the Software or the Output other than pursuant |
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to and in accordance with the exercise of any of the licences granted under |
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this Licence. Without limiting the generality of the foregoing, you shall not |
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use the Software or any Output: (a) for determining if any features, functions |
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or processes provided by the Software are covered by any patents or patent |
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applications owned by you or a third party; or (b) for developing technology, |
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applications or products which avoid any of ARM’s intellectual property in the |
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Software licensed hereunder; or (c) as a reference for modifying existing patents |
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or patent applications or creating any continuation, continuation in part, or |
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extension of existing patents or patent applications. |
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3. SUPPORT. |
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ARM is not under an obligation to provide support, but it may do so at its own |
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discretion, and if it does, it will only be in respect of the Software as delivered. |
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4. NO WARRANTIES. |
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YOU AGREE THAT THE SOFTWARE IS LICENSED “AS IS”, AND THAT ARM EXPRESSLY |
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DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, |
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EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE |
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IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY QUALITY, AND |
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FITNESS FOR A PARTICULAR PURPOSE. |
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YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF |
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APPLICATIONS, INCLUDING WITHOUT LIMITATION, APPLICATIONS DESIGNED OR |
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INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS, WEAPONRY, |
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AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULD THE SOFTWARE |
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PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, |
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REPAIR OR CORRECTION. |
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5. LIMITATION OF LIABILITY. |
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARM |
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BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES |
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(INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE |
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THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT, TORT OR OTHER LEGAL |
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THEORY, EVEN IF ARM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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ARM does not seek to limit or exclude liability for death or personal injury |
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arising from ARM's negligence or ARM’s fraud and because some jurisdictions |
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do not permit the exclusion or limitation of liability for consequential |
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or incidental damages the above limitation relating to liability for |
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consequential damages may not apply to you. |
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NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE, THE |
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MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST |
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ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT |
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MATTER OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL OF |
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SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE; AND (II) $10.00 USD. |
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THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THE LIMIT. |
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6. U.S. GOVERNMENT END USERS. |
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US Government Restrictions: Use, duplication, reproduction, release, |
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modification, disclosure or transfer of the Software is restricted in |
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accordance with the terms of this Licence. |
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7. TERM AND TERMINATION. |
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This Licence shall remain in force until terminated by you or by ARM. |
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Without prejudice to any of its other rights if you are in breach of any |
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of the terms and conditions of this Licence then ARM may terminate this |
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Licence immediately upon giving written notice to you or on thirty (30) |
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days written notice without cause. You may terminate this Licence at |
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any time. Upon termination of this Licence by you or by ARM , you shall |
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stop using the Software and destroy all copies of the Software in your |
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possession, together with all documentation and related materials. |
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The provisions of clauses 2, 3, 4, 5, 6, 7, and 8 shall survive |
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termination of this Licence. |
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8. GENERAL. |
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This Licence is governed by English Law. Except where ARM agrees otherwise |
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in: (i) a written contract signed by you and ARM; or (ii) a written |
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contract provided by ARM and accepted by you, this is the only |
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agreement between you and ARM relating to the Software and it may |
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only be modified by written agreement between you and ARM. Except as |
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expressly agreed in writing, this Licence may not be modified by purchase |
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orders, advertising or other representation by any person. If any clause |
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or sentence in this Licence is held by a court of law to be illegal or |
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unenforceable the remaining provisions of this Licence shall not be affected |
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thereby. The failure by ARM to enforce any of the provisions of this Licence, |
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unless waived in writing, shall not constitute a waiver of ARM's rights to |
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enforce such provision or any other provision of this Licence in the future. |
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The Software provided under this License may be subject to U.K., European Union, |
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and U.S. export control and sanctions laws and regulations, including the U.S. |
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Export Administration Regulations (“EAR”) (hereafter collectively referred to |
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as “Export Regulations”). The parties agree to comply fully with all applicable |
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Export Regulations. You agree that you shall not, either directly or indirectly, |
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export in breach of the Export Regulations the Software received under this |
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License, nor any direct products thereof: (i) to any country, company or person |
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subject to export restrictions or sanctions under the applicable Export Regulations |
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without required export authorisation; or (ii) for any prohibited end use, which |
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at the time of export requires an export license or other governmental approval, |
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without first obtaining such license or approval. The specific export controls |
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applicable to the Software is determined by the relevant ECCN. Arm will provide |
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ECCNs for licensed products upon request to tradecompliance@arm.com. You are |
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responsible for determining the jurisdiction and classification of the designs |
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you create the Software. The Software provided under this License are dual-use, |
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and are not listed on the UK Military List, nor are they subject to the |
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International Traffic in Arms Regulations (ITAR), the 600 Series of the EAR or |
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other military export control regimes. The parties are prohibited from sharing |
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ITAR-controlled technical data, 600 series-controlled technology, other export |
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controlled military data, or any other data that might require an export license |
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or other export authorisation without prior written consent from the other party. |
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Further, Arm is expressly authorised to use non-U.S. citizens for the performance |
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of this License with the exception of nationals of Country Group E:1 and E:2 as |
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listed in Supp. 1 to Part 740 of the EAR, which shall only be permitted in full |
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compliance with all applicable laws.
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