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