LICENCE.mali_csffw

   1 Copyright 2023 Arm Ltd.
   2
   3 END USER LICENCE AGREEMENT FOR THE MALI FIRMWARE
   4
   5 THIS END USER LICENCE AGREEMENT (“LICENCE”) IS A LEGAL AGREEMENT BETWEEN YOU
   6 (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND ARM LIMITED ("ARM")
   7 FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS LICENCE. ARM IS ONLY WILLING
   8 TO LICENSE THE SOFTWARE TO YOU ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS
   9 IN THIS LICENCE. BY INSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU
  10 INDICATE THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS LICENCE.
  11 IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE
  12 THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE, AND
  13 YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO YOUR SUPPLIER.
  14
  15 “Applications” means applications for use solely in conjunction with Mali-based
  16 products manufactured under licence from ARM.
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  18 “Output” means data resulting from your use of the Software and all direct
  19 and indirect derivatives thereof.
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  21 “Software” means any software, firmware and data accompanying this Licence,
  22 any printed, electronic or online documentation supplied with it under the
  23 terms of this Licence.
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  25
  26 1. LICENCE GRANTS TO YOU.
  27 1.1 ARM hereby grants to you, subject to the terms and conditions of this
  28 Licence, a non-exclusive, non-transferable, revocable, worldwide licence to:
  29
  30     (i)   Use the Software for the purposes of installation;
  31     (ii)  use and copy the Software or certain components or optional
  32           functionality in the Software, as applicable, solely for the
  33           purposes of running, designing or developing Applications; and
  34     (iii) subject to Clause 1.2, distribute the whole of the Software
  35           either standalone and/or as incorporated into, Applications.
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  37 1.2 If you choose to redistribute the whole or any part of the Software
  38 pursuant to the licences granted in Clause 1.1(iii), you agree:
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  40 (i)   not to use ARM’s or any of its licensors names, logos or trademarks
  41       to market Applications;
  42 (ii)  to retain any and all copyright notices and other notices (whether
  43       ARM’s or its licensor’s) which are included with the Software; and
  44 (iii) include a copy of this Licence with such redistribution.
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  47 2. RESTRICTIONS ON USE OF THE SOFTWARE.
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  49 COPYRIGHT AND RESERVATION OF RIGHTS: The Software is owned by ARM or its
  50 licensors and is protected by copyright and other intellectual property laws
  51 and international treaties. The Software is licensed not sold. You acquire
  52 no rights to the Software other than as expressly provided by this Licence.
  53 You shall not remove from the Software any copyright notice or other notice
  54 and shall ensure that any such notice is reproduced in any copies of the
  55 whole or any part of the Software made by you or other permitted users.
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  57 REVERSE ENGINEERING: Except to the extent that such activity is permitted
  58 by applicable law you shall not reverse engineer, decompile or disassemble
  59 any of the Software. If the Software was provided to you in Europe you shall
  60 not reverse engineer, decompile or disassemble any of the Software for the
  61 purposes of error correction.
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  63 RESTRICTED USE
  64 You agree that you shall not use the Software or the Output other than pursuant
  65 to and in accordance with the exercise of any of the licences granted under
  66 this Licence. Without limiting the generality of the foregoing, you shall not
  67 use the Software or any Output: (a) for determining if any features, functions
  68 or processes provided by the Software are covered by any patents or patent
  69 applications owned by you or a third party; or (b)  for developing technology,
  70 applications or products which avoid any of ARM’s intellectual property in the
  71 Software licensed hereunder; or (c) as a reference for modifying existing patents
  72 or patent applications or creating any continuation, continuation in part, or
  73 extension of existing patents or patent applications.
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  75
  76 3. SUPPORT.
  77 ARM is not under an obligation to provide support, but it may do so at its own
  78 discretion, and if it does, it will only be in respect of the Software as delivered.
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  81 4. NO WARRANTIES.
  82 YOU AGREE THAT THE SOFTWARE IS LICENSED “AS IS”, AND THAT ARM EXPRESSLY
  83 DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS,
  84 EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE
  85 IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY QUALITY, AND
  86 FITNESS FOR A PARTICULAR PURPOSE.
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  88 YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF
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  90 INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS, WEAPONRY,
  91 AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULD THE SOFTWARE
  92 PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
  93 REPAIR OR CORRECTION.
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  95
  96 5. LIMITATION OF LIABILITY.
  97 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARM
  98 BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
  99 (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE
 100 THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT, TORT OR OTHER LEGAL
 101 THEORY, EVEN IF ARM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 102
 103 ARM does not seek to limit or exclude liability for death or personal injury
 104 arising from ARM's negligence or ARM’s fraud and because some jurisdictions
 105 do not permit the exclusion or limitation of liability for consequential
 106 or incidental damages the above limitation relating to liability for
 107 consequential damages may not apply to you.
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 109 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE, THE
 110 MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST
 111 ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT
 112 MATTER OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL OF
 113 SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE; AND (II) $10.00 USD.
 114 THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THE LIMIT.
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 117 6. U.S. GOVERNMENT END USERS.
 118 US Government Restrictions: Use, duplication, reproduction, release,
 119 modification, disclosure or transfer of the Software is restricted in
 120 accordance with the terms of this Licence.
 121
 122
 123 7. TERM AND TERMINATION.
 124 This Licence shall remain in force until terminated by you or by ARM.
 125 Without prejudice to any of its other rights if you are in breach of any
 126 of the terms and conditions of this Licence then ARM may terminate this
 127 Licence immediately upon giving written notice to you or on thirty (30)
 128 days written notice without cause. You may terminate this Licence at
 129 any time. Upon termination of this Licence by you or by ARM , you shall
 130 stop using the Software and destroy all copies of the Software in your
 131 possession, together with all documentation and related materials.
 132 The provisions of clauses 2, 3, 4, 5, 6, 7, and 8 shall survive
 133 termination of this Licence.
 134
 135 8. GENERAL.
 136 This Licence is governed by English Law. Except where ARM agrees otherwise
 137 in: (i) a written contract signed by you and ARM; or (ii) a written
 138 contract provided by ARM and accepted by you, this is the only
 139 agreement between you and ARM relating to the Software and it may
 140 only be modified by written agreement between you and ARM. Except as
 141 expressly agreed in writing, this Licence may not be modified by purchase
 142 orders, advertising or other representation by any person. If any clause
 143 or sentence in this Licence is held by a court of law to be illegal or
 144 unenforceable the remaining provisions of this Licence shall not be affected
 145 thereby. The failure by ARM to enforce any of the provisions of this Licence,
 146 unless waived in writing, shall not constitute a waiver of ARM's rights to
 147 enforce such provision or any other provision of this Licence in the future.
 148
 149 The Software provided under this License may be subject to U.K., European Union,
 150 and U.S. export control and sanctions laws and regulations, including the U.S.
 151 Export Administration Regulations (“EAR”) (hereafter collectively referred to
 152 as “Export Regulations”). The parties agree to comply fully with all applicable
 153 Export Regulations. You agree that you shall not, either directly or indirectly,
 154 export in breach of the Export Regulations the Software received under this
 155 License, nor any direct products thereof: (i) to any country, company or person
 156 subject to export restrictions or sanctions under the applicable Export Regulations
 157 without required export authorisation; or (ii) for any prohibited end use, which
 158 at the time of export requires an export license or other governmental approval,
 159 without first obtaining such license or approval. The specific export controls
 160 applicable to the Software is determined by the relevant ECCN. Arm will provide
 161 ECCNs for licensed products upon request to tradecompliance@arm.com. You are
 162 responsible for determining the jurisdiction and classification of the designs
 163 you create the Software. The Software  provided under this License are dual-use,
 164 and are not listed on the UK Military List, nor are they subject to the
 165 International Traffic in Arms Regulations (ITAR), the 600 Series of the EAR or
 166 other military export control regimes. The parties are prohibited from sharing
 167 ITAR-controlled technical data, 600 series-controlled technology, other export
 168 controlled military data, or any other data that might require an export license
 169 or other export authorisation without prior written consent from the other party.
 170 Further, Arm is expressly authorised to use non-U.S. citizens for the performance
 171 of this License with the exception of nationals of Country Group E:1 and E:2 as
 172 listed in Supp. 1 to Part 740 of the EAR, which shall only be permitted in full
 173 compliance with all applicable laws.