End User License Agreement for OpenGL ES Emulator
THIS END USER LICENCE AGREEMENT (“LICENCE”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND ARM LIMITED (“ARM”) FOR THE USE OF THE DELIVERABLES ACCOMPANYING THIS LICENCE. ARM IS ONLY WILLING TO LICENSE THE DELIVERABLES TO YOU ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY CLICKING “I AGREE” OR BY INSTALLING OR OTHERWISE USING OR COPYING THE DELIVERABLES YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS LICENCE.
1. DEFINITIONS.
“Authorised Purpose” means the internal use of the Deliverables to simulate OpenGL ES graphics applications and shader programs on desktop PCs.
“Deliverables” means the software binaries accompanying this Licence, and any printed, electronic or online documentation supplied with it, in all cases relating to the Mali OpenGL ES Emulator.
“Separate Files” means the files identified in Clause 4 below, which are subject to the terms of the licence agreement s identified in Clause 4.
2. LICENCE GRANT.
DELIVERABLES: ARM hereby grants to you, subject to the terms and conditions of this Licence, a nonexclusive, nontransferable, royalty free, worldwide licence to use and copy, internally only, the Deliverables solely for the Authorised Purpose.
3. RESTRICTIONS ON USE OF THE DELIVERABLES.
SIMULATION RESULTS: You shall treat any and all bahaviour and performance figures relating to the Deliverables, and any other results of your use and testing of the Deliverables which are indicative if its performance, efficacy, reliability or quality (“Results”) as confidential information, and you shall not disclose such information to any third party without the express written permission of ARM. ARM may agree to waive the restrictions in this paragraph if requested in writing. You agree that the Results are not representative of simulation results that may be obtained on Mali™ hardware.
REVERSE ENGINEERING: Except to the extent that such activity is permitted by applicable law you shall not reverse engineer, decompile or disassemble any of the Deliverables. If the Deliverables were provided to you in Europe you shall not reverse engineer, decompile or disassemble any of the Deliverables for the purposes of error correction.
RESTRICTIONS ON TRANSFER OF LICENSED RIGHTS: The rights granted to you under this agreement may not be assigned, sublicensed or otherwise transferred by you to any third party without the prior written consent of ARM. You shall not rent or lease the Deliverables, or except as expressly provided above, share them with third parties.
TITLE AND RESERVATION OF RIGHTS: You acquire no rights to the Deliverables other than as expressly provided by this Licence. The Deliverables are licensed not sold. ARM does not transfer title to the Deliverables to you. In no event shall the licences granted in Clause 2 be construed as granting you expressly or by implication, estoppel or otherwise, licences to any ARM technology other than the Deliverables.
COPYRIGHT NOTICES: You shall not remove from the Deliverables any copyright notice or other notice and shall ensure that any such notice is reproduced in any copies of the whole or any part of the Deliverables made by you.
4. THIRD PARTY RIGHTS
The Deliverables contain files licensed from third parties which are subject to the relevant terms and conditions set out in the Schedule to this Licence (“Third Party Terms”). The Separate Files are delivered to you as part of the Deliverables for your convenience, and are expressly subject to the Third Party Terms. You hereby agree to comply with all the terms and conditions imposed on you by the Third Party Terms. Further you hereby agree that ARM shall have no liability to you under the terms of this Licence in respect of the Separate Files.
5. NO SUPPORT.
ARM has no obligation to support or to continue providing or updating any of the Deliverables.
6. NO WARRANTIES.
YOU AGREE THAT THE DELIVERABLES ARE LICENSED “AS IS”, AND THAT ARM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF ANY APPLICATION PROGRAMS YOU CREATE WITH THE DELIVERABLES, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
7. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARM OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE THE DELIVERABLES WHETHER BASED ON A CLAIM UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, EVEN IF ARM OR ANY SUCH LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARM does not seek to limit or exclude liability for death or personal injury arising from ARM’s negligence and because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages the above limitation relating to liability for consequential damages may not apply to you.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE, THE MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE AND US$5.00.
8. U.S. GOVERNMENT END USERS.
US Government Restrictions: Use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation is restricted in accordance with the terms of this Licence.
9. TERM AND TERMINATION.
This Licence shall remain in force until terminated by you or by ARM. Without prejudice to any of its other rights if you are in breach of any of the terms and conditions of this Licence then ARM may terminate this Licence immediately upon giving written notice to you. You may terminate this Licence at any time.
Upon termination of this Licence by you or by ARM you shall stop using the Deliverables and destroy all copies of the Deliverables in your possession together with all documentation and related materials.
The provisions of Clauses 1, 4, 7, 8, 9, and 10 shall survive termination of this Licence.
10. GENERAL.
This Licence is governed by English Law. Except where ARM agrees otherwise in a written contract signed by you and ARM, this is the only agreement between you and ARM relating to the Deliverables and it may only be modified by written agreement between you and ARM. Except as expressly agreed in writing, this Licence may not be modified by purchase orders, advertising or other representation by any person. If any clause in this Licence is held by a court of law to be illegal or unenforceable the remaining provisions of this Licence shall not be affected thereby. The failure by ARM to enforce any of the provisions of this Licence, unless waived in writing, shall not constitute a waiver of ARM’s rights to enforce such provision or any other provision of this Licence in the future.
You agree to comply fully with all laws and regulations of the United States and other countries (“Export Laws”) to assure that the Deliverables are not (1) exported, directly or indirectly, in violation of Export Laws, either to any countries that are subject to U.S.A. export restrictions or to any end user who has been prohibited from participating in the U.S.A. export transactions by any federal agency of the U.S.A. government; or (2) intended to be used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
Schedule
SGI FREE SOFTWARE LICENSE B (Version 2.0, Sept. 18, 2008)
Copyright (C) 2009 Silicon Graphics, Inc. All Rights Reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice including the dates of first publication and either this permission notice or a reference to http://oss.sgi.com/projects/FreeB/ shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL SILICON GRAPHICS, INC. BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of Silicon Graphics, Inc. shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from Silicon Graphics, Inc.
KHRONOS FREE SOFTWARE LICENSE
Copyright (c) 2007-2009 The Khronos Group Inc.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and/or associated documentation files (the “Materials”), to deal in the Materials without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Materials, and to permit persons to whom the Materials are furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Materials.
THE MATERIALS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE MATERIALS OR THE USE OR OTHER DEALINGS IN THE MATERIALS.
ERICSSON SOFTWARE LICENSE AGREEMENT
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS PRIOR TO DOWNLOADING THE ERICSSON TEXTURE COMPRESSION CODEC SOFTWARE (THE “SOFTWARE”). THE USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE FOLLOWING LICENSE AGREEMENT (THE “LICENSE AGREEMENT”). BY FILLING IN YOUR COMPLETE NAME AND/OR BUSINESS NAME, YOUR AND/OR THE COMPANY’S ADDRESS, THE DATE AND DOWNLOADING THE SOFTWARE YOU ENTER INTO THE LICENSE AGREEMENT WITH ERICSSON AB (“ERICSSON”). IF YOU DO NOT ACCEPT SUCH TERMS AND CONDITIONS YOU MAY NOT DOWNLOAD OR USE THE SOFTWARE.
Under the terms and conditions of the License Agreement, Licensee hereby, receives a non-exclusive, non transferable, limited, free of charge, perpetual and worldwide license, to copy, use, distribute and modify the Software, but only for the purpose of developing, manufacturing, selling, using and distributing products including the Software, which products are used for (i) compression and/or decompression to create content creation tools for usage with a Khronos API, and/or (ii) compression and/or decompression for the purpose of usage with a middleware API that is built on top of a Khronos API, such as JCPs based on a Khronos API (in particular “Mobile 3D Graphics API for J2ME” and its future versions and “Java Bindings for OpenGL ES” and its future versions).
If Licensee institutes patent litigation against Ericsson or any licensee of the Software for using the Software for making, developing, manufacturing, selling, using and/or distributing products within the scope of the Khronos framework, Ericsson shall have the right to terminate this License Agreement with immediate effect. However, should Licensee institute patent litigation against any other licensee of the Software based on such licensee´s use of any other software distributed together with the Software then Ericsson shall have no right to terminate this License Agreement.
The License Agreement does not transfer to Licensee any ownership to any Ericsson or third party intellectual property rights.
THE SOFTWARE IS PROVIDED “AS IS”. ERICSSON MAKES NO REPRESENTATIONS OF ANY KIND, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE, THE LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ERICSSON MAKES NO WARRANTY THAT THE MANUFACTURE, SALE, DISTRIBUTION, LEASE, USE OR IMPORTATION UNDER THE LICENSE AGREEMENT WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND THE VALIDITY OF THE LICENSE AND THE LICENSE AGREEMENT IS SUBJECT TO LICENSEE’S SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AND ACQUIRE SUCH LICENSES AS MAY BE NECESSARY WITH RESPECT TO PATENTS AND OTHER INTELLECTUAL PROPERTY OF THIRD PARTIES.
IN NO EVENT WILL ERICSSON BE LIABLE TO THE LICENSEE FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY THE LICENSEE OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Licensee acknowledges that “ERICSSON ///” is the corporate trademark of Telefonaktiebolaget LM Ericsson and that both “Ericsson” and the figure “///” are important features of the trade names of Telefonaktiebolaget LM Ericsson. Nothing contained in these terms and conditions shall be deemed to grant Licensee any right, title or interest in the word “Ericsson” or the figure “///”.
The parties agree that this License Agreement based on these terms and conditions is governed by the laws of Sweden, and in the event of any dispute as a result of this License Agreement, the parties submit themselves to the exclusive jurisdiction of the Swedish Courts.
ARM contract reference: LEC-PRE-00464
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