path: root/bltsville/ticpu/license

Texas Instruments Incorporated
Technology and Software Publicly Available
Software License Agreement
 
Copyright © 2011 Texas Instruments Incorporated
Copyright Imagination Technology, Ltd.
 
Important:  Please read the following license agreement carefully.  This
is a legally binding agreement.  Do not use or redistribute the Licensed
Materials unless: (1) you are authorized to accept and agree to the terms
of this software license agreement and (2) you intend to enter into and to
be bound by the terms of this agreement.
 
This Software License Agreement ("License") is a legal agreement between you
(either an individual or entity) and Texas Instruments Incorporated ("TI"),
12500 TI Boulevard, Dallas, Texas 75243.  The "Licensed Materials" subject
to this License include, in whole or in part, the software programs that
accompany this License.  By installing, copying or otherwise using the
Licensed Materials you agree to abide by the terms of this License.  If you
choose not to accept or agree with these terms, you must immediately cease
any use, copying or redistribution and destroy the Licensed Materials.
 
NOTE:  The Licensed Materials may be bundled with open source software and
separate license terms may apply. For clarification, this License does not
license, limit your rights under, nor does it grant you rights that
supersede, the license terms of any applicable open source license agreement.
 
1.  Object Code License.   TI hereby grants to you a limited, non-exclusive
license to reproduce and use the Licensed Materials provided to you in object
code format and to distribute an unlimited number of object or executable
copies of such Licensed Materials provided that Licensed Materials are used
solely and exclusively on devices manufactured by or for TI. Redistributions
must reproduce the copyright notices and all the terms of this License in the
documentation and/or other materials provided with the Licensed Materials.
Licensed Materials may not be distributed under terms different than this
License.
                       
2. Termination.  This license is effective until terminated.  Without
prejudice to any other rights, TI may terminate your right to use the
Licensed Materials under this License if you fail to comply with the terms
of this License. In such event, you shall destroy all copies of the Licensed
Materials, including all portions and derivatives thereof.
 
3. Intellectual Property Rights. 
 
a. The Licensed Materials being provided to you hereunder are being made
publicly available by TI, even though they contain copyrighted material of TI
and its licensors, if applicable.   In no event may you alter, remove or
destroy any copyright notice included in the Licensed Materials.  To the
extent that any of the Licensed Materials are provided in binary or object
code only, you may not unlock, decompile, reverse engineer, disassemble or
otherwise translate such binary or object code to human-perceivable form.
The source code of such reverse engineered code may contain TI trade secret
and other proprietary information. Further, nothing shall obligate TI to
provide you with source code for the Licensed Materials licensed to you in
binary or object code only under this License. TI reserves all rights not
specifically granted under this License.
 
b. Certain Licensed Materials may
(i) require patent licenses from third parties claiming patent rights
covering implementation of the Licensed Materials or
(ii) be based on industry recognized standards or software programs
published by industry recognized standards bodies and certain third parties
may claim to own patents or copyrights that cover implementation of those
standards.  You acknowledge and agree that this License does not convey a
license to any such third party patents and copyrights.
 
c. YOU ACKNOWLEDGE AND AGREE THAT TI SHALL NOT BE LIABLE FOR AND SHALL NOT
DEFEND OR INDEMNIFY YOU AGAINST ANY THIRD PARTY INFRINGEMENT CLAIM THAT
RELATES TO OR IS BASED ON YOUR MANUFACTURE, USE, OR DISTRIBUTION OF THE
LICENSED MATERIALS OR YOUR MANUFACTURE, USE, OFFER FOR SALE, SALE,
IMPORTATION OR DISTRIBUTION OF YOUR PRODUCTS THAT INCLUDE OR INCORPORATE
THE LICENSED MATERIALS.
 
d. You acknowledge and agree that you are responsible for any fees or
royalties that may be payable to any third party based on such third party's
interests in the Licensed Materials described in Section 3(b) above (the
"Third Party Payment Obligations").  You agree to indemnify TI against any
Third Party Payment Obligations and will defend any claim, suit or
proceeding brought against TI insofar as such claim, suit or proceeding is
based on your failure to pay any Third Party Payment Obligations. 
 
4. Warranties and Limitations.  THE LICENSED MATERIALS ARE PROVIDED "AS IS".
TI AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED
OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS
FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF
RESPONSES, RESULTS AND LACK OF NEGLIGENCE.  TI DISCLAIMS ANY WARRANTY OF
TITLE, QUIET ENJOYMENT, QUIET POSESSION, AND NON-INFRINGEMENT OF ANY THIRD
PARTY INTELLECTUAL PROPERTY RIGHTS WITH REGARD TO THE LICENSED MATERIALS OR
USE OF THOSE MATERIALS. 
 
YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS MAY NOT BE INTENDED FOR
PRODUCTION APPLICATIONS AND MAY CONTAIN IRREGULARITIES AND DEFECTS NOT FOUND
IN PRODUCTION SOFTWARE.  FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT THE
LICENSED MATERIALS HAVE NOT BEEN TESTED OR CERTIFIED BY ANY GOVERNMENT AGENCY
OR INDUSTRY REGULATORY ORGANIZATION OR ANY OTHER THIRD PARTY ORGANIZATION.
YOU AGREE THAT PRIOR TO USING, INCORPORATING OR DISTRIBUTING THE LICENSED
MATERIALS IN OR WITH ANY COMMERCIAL PRODUCT THAT YOU WILL THOROUGHLY TEST THE
PRODUCT AND THE FUNCTIONALITY OF THE LICENSED MATERIALS IN OR WITH THAT
PRODUCT AND BE SOLELY RESPONSIBLE FOR ANY PROBLEMS OR FAILURES.
 
IN NO EVENT SHALL TI OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED ON ANY THEORY OF
LIABILITY, ARISING IN ANY WAY OUT OF THIS LICENSE, OR YOUR USE OF THE
LICENSED MATERIALS, WHETHER OR NOT TI HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.  EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COST OF
REMOVAL OR REINSTALLATION, OUTSIDE COMPUTER TIME, LABOR COSTS, LOSS OR
CORRUPTION OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, OR
LOSS OF USE OR INTERRUPTION OF BUSINESS OR ANY OTHER ECONOMIC LOSS.  IN NO
EVENT WILL TI'S AGGREGATE LIABILITY UNDER THIS LICENSE OR ARISING OUT OF YOUR
USE OF THE LICENSED MATERIALS EXCEED FIVE HUNDRED U.S. DOLLARS (US$500).
 
Because some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages or limitation on how long an implied
warranty lasts, the above limitations or exclusions may not apply to you.
 
5. Export Control.  The software programs and any on-line documentation as
well as any updates or upgrades to such software programs or documentation may
be subject to the export or import regulations of certain countries. You agree
to comply with all such regulations and acknowledge that you have the
responsibility to obtain any licenses or other authorizations that may be
required to export, re-export or import the Licensed Materials.
 
6. Governing Law, Jurisdiction and Severability.  This License will be
governed by and interpreted in accordance with the laws of the State of
Texas, without reference to that state's conflict of laws principles.  This
License shall not be governed by the United Nations Convention on Contracts
for the International Sale of Goods, nor shall it be governed by the Uniform
Computer Information Transactions Act (UCITA).  Any dispute arising out of or
related to this License will be brought in, and each party consents to the
exclusive jurisdiction and venue in the state and federal courts sitting in
Dallas Country, Texas.  Each party waives all defenses of lack of personal
jurisdiction and forum non-conveniens and agrees that process may be served on
either party in a manner authorized by applicable law or court rule.  If for
any reason a court of competent jurisdiction finds any provision of the
License to be unenforceable, that provision will be enforced to the maximum
extent possible to effectuate the intent of the parties and the remainder
of the License shall continue in full force and effect.
 
7. PRC Provisions.  If you are located in the People's Republic of China
("PRC") or if the Licensed Materials will be sent to the PRC, the following
provisions shall apply and shall supersede any other provisions in this
License concerning the same subject matter as the following provisions: 
 
 a. Registration Requirements.  You shall be solely responsible for performing
 all acts and obtaining all approvals that may be required in connection with
 this License by the government of the PRC, including but not limited to
 registering pursuant to, and otherwise complying with, the PRC Measures on
 the Administration of Software Products, Management Regulations on Technology
 Import-Export, and Technology Import and Export Contract Registration
 Management Rules.  Upon receipt of such approvals from the government
 authorities, you shall forward evidence of all such approvals to TI for its
 records.  In the event that you fail to obtain any such approval or
 registration, you shall be solely responsible for any and all losses, damages
 or costs resulting therefrom, and shall indemnify TI for all such losses,
 damages or costs.
 
 b. Governing Language.  This License is written and executed in the English
 language.  If a translation of this License is required for any purpose,
 including but not limited to registration of the License pursuant to any
 governmental laws, regulations or rules, you shall be solely responsible for
 creating such translation.  Any translation of this License into a language
 other than English is intended solely in order to comply with such laws or
 for reference purposes, and the English language version shall be
 authoritative and controlling.
 
8. Entire Agreement.  This License is the entire agreement between you and TI
and supersedes any prior agreement between the parties related to the subject
matter of this License. No amendment or modification of this License will be
effective unless in writing and signed by a duly authorized representative of
TI.  You hereby warrant and represent that you have obtained all
authorizations and other applicable consents required empowering you to enter
into this License.