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-THIS DEVELOPER SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT") IS A LEGALLY
-BINDING AGREEMENT BETWEEN Invensense, Inc. ("LICENSOR") AND
-YOU OR THE LEGAL ENTITY YOU REPRESENT ("You" or its possessive, "Your"). BY
-TYPING "I ACCEPT" WHERE INDICATED YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
-AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
-IF YOU DO NOT AGREE TO THESE TERMS YOU MUST DISCONTINUE THE INSTALLATION
-PROCESS AND YOU SHALL NOT USE THE SOFTWARE OR RETAIN ANY COPIES OF THE
-SOFTWARE OR DOCUMENTATION. ANY USE OR POSSESSION OF THE SOFTWARE BY YOU IS
-SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF THE
-SOFTWARE IS INSTALLED ON A COMPUTER OWNED BY A CORPORATION OR OTHER LEGAL
-ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND
-SUCH ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
-
- 1. Special Definitions
-
- a. The term "Android" means the open source mobile platform, software
- stack, operating system, middleware, application programming
- interfaces and mobile applications under the trade-name "Android"
- distributed at Android.com.
-
- b. The term "Android Applications" means a software application or
- open-source contribution developed by You, designed to operate with
- Android that does not contain or incorporate any of the Software.
-
- c. The term "Authorized Android Enabled Device" means only the device
- identified on the site from which You downloaded the Software.
- The term "Software" means the Licensor's proprietary software and
- libraries in object code form, designed for use on the Authorized
- Android Enabled Device.
-
- d. The term "Authorized Android Enabled Device Software" means a
- packaged build for Authorized Android Enabled Devices, consisting
- of files suitable for installation on an Authorized Android Enabled
- Device using a mechanism such as fastboot mode or recovery mode.
-
- 2. License Grant
-
- a. Subject to the terms of this Agreement, Licensor hereby grants to
- You, free of charge, a non-exclusive, non-sublicensable,
- non-transferable, limited license, during the term of
- this Agreement, to download, install and use the Software
- internally in machine-readable (i.e., object code) form and the
- Documentation for non-commercial use on an Authorized Android
- Enabled Device and non-commercial redistribution of the Authorized
- Android Enabled Device Software (the "Limited Purpose"). You may
- grant your end users the right to use the Software for
- the Limited Purpose.
- The license to the Software granted to You hereunder is solely for
- the Limited Purpose set forth in this section, and the Software
- shall not be used for any other purpose.
-
- 3. Restrictions
-
- a. Retention of Rights. The entire right, title and interest in the
- Software shall remain with Licensor and, unless specified in
- writing hereunder, no rights are granted to any of the Software.
- Except for the right to use the Software for the Limited Purpose,
- the delivery of the Software to You does not convey to You any
- intellectual property rights in the Software, including, but not
- limited to any rights under any patent, trademark, copyright, or
- trade secret. Neither the delivery of the Software to You nor any
- terms set forth herein shall be construed to grant to You, either
- expressly, by implication or by way of estoppel, any license under
- any patents or other intellectual property rights covering or
- relating to any other product or invention or any combination of
- the Software with any other product. Any rights not expressly
- granted to You herein are reserved by Licensor.
-
- b. No Commercialization or Distribution of the Software and
- Documentation. Except as expressly provided in Section 2 of this
- Agreement, You shall have no right to (i) copy, disclose,
- distribute, publically perform, publically display, transfer,
- alter, modify, translate, disassemble, decompile, reverse engineer,
- or adapt the Software and Documentation, or any portion thereof, or
- create any derivative works based thereon; (ii) rent, lease,
- assign, sublicense, resell, disclose or otherwise transfer the
- Software and Documentation in whole or in part to any third party
- (iii) use the Software and Documentation except for the Limited
- Purpose, (iv) remove or alter any of the copyright or proprietary
- notices contained in any of the Software and Documentation. For the
- purposes of clarity, nothing in this Agreement prohibits You from
- making and distributing Android Applications under commercial or
- non-commercial terms, provided that You shall not contain,
- incorporate, and/or compile the Software or any of its derivative
- works, in whole or in part, into Your Android Applications and/or
- any software/devices created by You or by third parties acting on
- Your behalf. You and any such third party shall comply with all of
- the terms and conditions of this Agreement.
-
- c. No Reverse Engineering. Except for any portions of the Software
- provided to You in source code format and except for any third
- party code distributed with the Software that is licensed under
- contrary terms, You will not reverse engineer, disassemble,
- decompile, or translate the Software, or otherwise attempt to
- derive the source code version of the Software, except if and to
- the extent expressly permitted under any applicable law.
-
- d. Third Party Software. You agree that Android may contain third
- party software. You agree that you may not distribute such third
- party software for any purpose without appropriate licenses from
- the applicable third party or parties.
-
- e. No Transfer or Assignment. You shall not assign any of its rights
- or obligations under this Agreement. Any attempted assignment in
- contravention of this Section shall be void.
-
- 4. Indemnity
-
- a. You agree to indemnify and hold harmless Licensor and
- its officers, directors, customers, employees and successors and
- assigns (each an "Indemnified Party") against any and all claims,
- demands, causes of action, losses, liabilities, damages, costs and
- expenses, incurred by the Indemnified Party (including but not
- limited to costs of defense, investigation and reasonable
- attorney's fees) arising out of, resulting from or related to
- (i) any software, products, documentation, content, materials or
- derivative works created or developed by You using the Software
- which causes an infringement of any patent, copyright, trademark,
- trade secret, or other property, publicity or privacy rights of any
- third parties arising in any jurisdiction anywhere in the world,
- (ii) the download, distribution, installation, storage, execution,
- use or transfer of such software, products, documentation, content,
- materials or derivative works by any person or entity, and/or
- (iii) any breach of this Agreement by You. If requested by an
- Indemnified Party, You agree to defend such Indemnified Party in
- connection with any third party claims, demands, or causes of
- action resulting from, arising out of or in connection with any of
- the foregoing.
-
- 5. Limitation of Liability
-
- a. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO
- CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL
- LICENSOR, ITS AFFILIATES AND/OR ITS DIRECTORS, OFFICERS,
- EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
- SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT
- LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
- INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING
- OUT OF OR IN CONNECTION WITH THE SOFTWARE OR ANY DOWNLOAD,
- INSTALLATION OR USE OF, OR INABILITY TO USE, THE SOFTWARE, EVEN IF
- LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
- EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO
- THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY OR MAY BE LIMITED.
- IN NO EVENT SHALL LICENSOR'S TOTAL AGGREGATE LIABILITY
- TO YOU FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF
- ACTIONS (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE,
- INDEMNIFICATION OR OTHERWISE) EXCEED ONE HUNDRED U.S. DOLLARS
- (US$100). THE LIMITATIONS SET FORTH IN THIS PARAGRAPH SHALL BE
- DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- THE PARTIES HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK
- AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS IN THIS
- PARAGRAPH ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE
- PARTIES.
-
- 6. No Warranty
-
- a. LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH
- RESPECT TO THE SOFTWARE AND DOCUMENTATION PROVIDED UNDER THIS
- AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST
- INFRINGEMENT, OR ANY EXPRESS OR IMPLIED WARRANTY ARISING OUT OF
- TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE.
- NOTHING CONTAINED IN THIS AGREEMENT SHALL BE CONSTRUED AS A
- WARRANTY OR REPRESENTATION BY LICENSOR (I) AS TO THE VALIDITY OR
- SCOPE OF ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT
- AND (II) THAT ANY MANUFACTURE OR USE WILL BE FREE FROM INFRINGEMENT
- OF PATENTS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF
- OTHERS, AND IT SHALL BE THE SOLE RESPONSIBILITY OF YOU TO MAKE SUCH
- DETERMINATION AS IS NECESSARY WITH RESPECT TO THE ACQUISITION OF
- LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY OF THIRD
- PARTIES. Licensor SHALL NOT HAVE ANY OBLIGATION TO
- PROVIDE ANY TECHNICAL SUPPORT OF THE SOFTWARE UNDER THIS AGREEMENT.
-
- 7. Term and Termination
-
- a. This Agreement shall be effective on the date You accept this
- Agreement and shall remain in effect until terminated as provided
- herein. You may terminate the Agreement at any time by deleting and
- destroying all copies of the Software and all related information
- in Your possession or control. This Agreement terminates
- immediately and automatically, with or without notice, if You fail
- to comply with any provision hereof. Additionally, Licensor may at
- any time terminate this Agreement, without cause, upon notice to
- You. Upon termination You must delete or destroy all copies of the
- Software in Your possession, and the license granted to You in this
- Agreement shall terminate. Sections 3, 4, 5, 6 and 8 shall survive
- the termination of this Agreement.
-
- 8. Miscellaneous
-
- a. Governing Law. This Agreement is governed and interpreted in
- accordance with the laws of the State of California without giving
- effect to its conflict of laws provisions. The United Nations
- Convention on Contracts for the International Sale of Goods is
- expressly disclaimed and shall not apply. Any claim arising out of
- or related to this Agreement must be brought exclusively in a
- federal or state court located in Santa Clara County, California
- and You consent to the jurisdiction and venue of such courts.
-
- b. Waiver and Severability. The failure of either party to require
- performance by the other party of any provision of this Agreement
- shall not affect the full right to require such performance at any
- time thereafter; nor shall the waiver by either party of a breach
- of any provision of this Agreement be taken or held to be a waiver
- of the provision itself. Severability. If any provision of this
- Agreement is unenforceable or invalid under any applicable law or
- is so held by applicable court decision, such unenforceability or
- invalidity shall not render this Agreement unenforceable or invalid
- as a whole, and such provision shall be changed and interpreted so
- as to best accomplish the objectives of such unenforceable or
- invalid provision within the limits of applicable law or
- applicable court decisions.
-
- c. Amendment and Modification. This Agreement and any of its terms and
- provisions may only be amended, modified, supplemented or waived in
- a writing signed by both parties hereto.
-
- d. Compliance with Laws. You shall comply with all applicable laws,
- rules, and regulations in connection with its activities under this
- Agreement.
-
- e. Entire Agreement. This Agreement completely and exclusively states
- the agreement between You and Licensor regarding this subject
- matter.