| LES-PRE-20769 |
| SP-Version: 1.0 |
| 25 November 2015 |
| |
| END USER LICENCE AGREEMENT FOR THE MALI USERSPACE DRIVER ("Mali DRIVER") |
| |
| 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 SOFTWARE ACCOMPANYING THIS |
| LICENCE. ARM IS ONLY WILLING TO LICENSE THE SOFTWARE TO YOU ON |
| CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY |
| INSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU INDICATE |
| THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS LICENCE. IF YOU |
| DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE |
| THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE, |
| AND YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO YOUR SUPPLIER. |
| |
| "Applications" means applications for use solely in conjunction with |
| Mali-based products manufactured under licence from ARM. |
| |
| "Output" means data resulting from your use of the Software and all |
| direct and indirect derivatives thereof. |
| |
| "Software" means any software, firmware and data accompanying this |
| Licence, any printed, electronic or online documentation supplied with |
| it under the terms of this Licence for the Mali Driver. |
| |
| 1. LICENCE GRANTS TO YOU. |
| |
| 1.1 ARM hereby grants to you, subject to the terms and conditions of |
| this Licence, a non-exclusive, non-transferable, revocable, worldwide |
| licence to: |
| |
| (i) use and copy the Software or certain components or optional |
| functionality in the Software, as applicable, solely for the |
| purposes of running, designing or developing Applications; and |
| |
| (ii) subject to Clause 1.2, distribute the whole of the Software; |
| and/or (b) the whole or any part of the Software together |
| with, or as incorporated into, Applications; and |
| |
| 1.2 If you choose to redistribute the whole or any part of the |
| Software pursuant to the licences granted in Clause 1.1(ii), you |
| agree: (i) not to use ARM's or any of its licensors names, logos or |
| trademarks to market Applications; (ii) to retain any and all |
| copyright notices and other notices (whether ARM's or its licensor's) |
| which are included with the Software; and (iii) include a copy of this |
| Licence with such redistribution. |
| |
| 2. RESTRICTIONS ON USE OF THE SOFTWARE. |
| |
| BENCHMARKING: This Licence does not prevent you from using the |
| Software for benchmarking purposes. However, you shall ensure that any |
| and all benchmarking data relating to the Software, and any other |
| results of your use or testing of the Software which are indicative of |
| its performance, efficacy, reliability or quality, shall not be used |
| to disparage ARM, its products or services, or in a manner that, in |
| ARM's reasonable judgment, may diminish or otherwise damage the |
| reputation of ARM. |
| |
| COPYRIGHT AND RESERVATION OF RIGHTS: The Software is owned by ARM or |
| its licensors and is protected by copyright and other intellectual |
| property laws and international treaties. The Software is licensed not |
| sold. You acquire no rights to the Software other than as expressly |
| provided by this Licence. You shall not remove from the Software 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 Software |
| made by you or other permitted users. |
| |
| 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 Software. If the Software was provided to |
| you in Europe you shall not reverse engineer, decompile or disassemble |
| any of the Software for the purposes of error correction. |
| |
| RESTRICTED USE: You agree that you shall not use the Software or the |
| Output other than pursuant to and in accordance with the exercise of |
| any of the licences granted under this Licence. Without limiting the |
| generality of the foregoing, you shall not use the Software or any |
| Output: (a) for determining if any features, functions or processes |
| provided by the Software are covered by any patents or patent |
| applications owned by you or a third party; or (b) for developing |
| technology, applications or products which avoid any of ARM's |
| intellectual property in the Software licensed hereunder; or (c) as a |
| reference for modifying existing patents or patent applications or |
| creating any continuation, continuation in part, or extension of |
| existing patents or patent applications. |
| |
| 3. SUPPORT. |
| |
| ARM is not under an obligation to provide support, but it may do so at |
| its own discretion, and if it does, it will only be in respect of the |
| Software as delivered. |
| |
| 4. NO WARRANTIES. |
| |
| YOU AGREE THAT THE SOFTWARE IS LICENSED "AS IS", AND THAT ARM |
| EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR |
| OTHER TERMS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT |
| LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY |
| QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. |
| |
| YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION |
| OF APPLICATIONS, INCLUDING WITHOUT LIMITATION, APPLICATIONS DESIGNED |
| OR INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS, |
| WEAPONRY, AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULD |
| THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL |
| NECESSARY SERVICING, REPAIR OR CORRECTION. |
| |
| 5. LIMITATION OF LIABILITY. |
| |
| TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL |
| ARM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL |
| DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR |
| INABILITY TO USE THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT, |
| TORT OR OTHER LEGAL THEORY, EVEN IF ARM 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 or ARM's fraud 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: |
| (I) THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE; |
| AND (II) $10.00 USD. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT |
| ENLARGE OR EXTEND THE LIMIT. |
| |
| 6. U.S. GOVERNMENT END USERS. |
| |
| US Government Restrictions: Use, duplication, reproduction, release, |
| modification, disclosure or transfer of the Software is restricted in |
| accordance with the terms of this Licence. |
| |
| 7. 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 or on |
| thirty (30) days written notice without cause. You may terminate this |
| Licence at any time. Upon termination of this Licence by you or by ARM |
| , you shall stop using the Software and destroy all copies of the |
| Software in your possession, together with all documentation and |
| related materials. The provisions of clauses 2, 3, 4, 5, 6, 7, and 8 |
| shall survive termination of this Licence. |
| |
| 8. GENERAL. |
| |
| This Licence is governed by English Law. Except where ARM agrees |
| otherwise in: (i) a written contract signed by you and ARM; or (ii) a |
| written contract provided by ARM and accepted by you, this is the only |
| agreement between you and ARM relating to the Software 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 or sentence 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. |
| |
| At ARM's request, you agree to check your computers for installations |
| of the Software and any other information requested by ARM relating to |
| Software installation and to provide this information to ARM. You |
| agree that auditors nominated by ARM may also perform such checking |
| and reporting on behalf of ARM by prior appointment during your normal |
| business hours on seven (7) days' notice. ARM shall bear the auditors' |
| costs for that audit unless it reveals unlicensed usage in which case |
| you shall promptly reimburse ARM for all reasonable costs and |
| expenses, including professional fees, relating to such audit. Any |
| information which is disclosed to ARM or such auditors during checking |
| or audit shall be treated as your confidential information and shall |
| only be used by ARM for licence management, compliance and enforcement |
| purposes. |
| |
| The Software provided under this Agreement is subject to U.K., |
| European Union, and U.S. export control laws and regulations, |
| including the U.S. Export Administration Act and its associated |
| regulations (hereafter collectively referred to as "Export |
| Regulations"). LICENSEE agrees to comply fully with all such Export |
| Regulations and LICENSEE agrees that it shall not, either directly or |
| indirectly, export in breach of the Export Regulations, any Software |
| received under this Agreement, nor any direct products thereof; (i) to |
| any country, company or person subject to export restrictions or |
| sanctions under the Export Regulations; or (ii) for any prohibited end |
| use, which at the time of export requires an export license or other |
| governmental approval, without first obtaining such license or |
| approval. |