| CODESOURCERY, INC. ("CODESOURCERY") IS WILLING TO LICENSE THE | |
| SOFTWARE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE | |
| TERMS CONTAINED IN THIS SOFTWARE LICENSE AGREEMENT. PLEASE | |
| READ THE TERMS CAREFULLY. BY CLICKING ON "I accept the terms | |
| of the License Agreement", YOU WILL INDICATE YOUR AGREEMENT | |
| WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF | |
| OF A COMPANY OR OTHER LEGAL ENTITY, YOUR ACCEPTANCE | |
| REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO | |
| THESE TERMS, IN WHICH CASE "YOU" OR "YOUR" SHALL REFER TO | |
| YOUR ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU | |
| DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY, THEN | |
| CODESOURCERY IS UNWILLING TO LICENSE THE SOFTWARE. | |
| Sourcery G++ Software License Agreement | |
| 1. Parties. | |
| The parties to this Agreement are you, the licensee (You | |
| or Licensee) and CodeSourcery. If You are not acting on | |
| behalf of Yourself as an individual, then You means Your | |
| company or organization. | |
| 2. The Software | |
| The Software licensed under this Agreement consists of | |
| computer programs and documentation referred to as | |
| Sourcery G++ Lite Edition (the Software). | |
| 3. Definitions. | |
| 1. CodeSourcery Proprietary Components. | |
| The components of the Software that are owned and/or | |
| licensed by CodeSourcery and are not subject to a | |
| free software or open source license, such as the | |
| GNU Public License. The CodeSourcery Proprietary | |
| Components of the Software include, without | |
| limitation, the Sourcery G++ Installer, any Sourcery | |
| G++ Eclipse plug-ins, the CodeSourcery C Library | |
| (CSLIBC), and any Sourcery G++ Debug Sprite. For a | |
| complete list, refer to the Getting Started Guide | |
| included with the distribution. | |
| 2. Open Source Software Components. | |
| The components of the Software that are subject to a | |
| free software or open source license, such as the | |
| GNU Public License. | |
| 3. Proprietary Rights. | |
| All rights in and to copyrights, rights to register | |
| copyrights, trade secrets, inventions, patents, | |
| patent rights, trademarks, trademark rights, | |
| confidential and proprietary information protected | |
| under contract or otherwise under law, and other | |
| similar rights or interests in intellectual or | |
| industrial property. | |
| 4. Redistributable Components. | |
| The CodeSourcery Proprietary Components that are | |
| intended to be incorporated or linked into Licensee | |
| object code developed with the Software. The | |
| Redistributable Components of the Software include, | |
| without limitation, CSLIBC and the CodeSourcery | |
| Common Startup Code Sequence (CS3). For a complete | |
| list, refer to the Getting Started Guide included | |
| with the distribution. | |
| 4. License Grant to Proprietary Components of the Software. | |
| You are granted a non-exclusive, royalty-free license (a) | |
| to install and use the CodeSourcery Proprietary | |
| Components of the Software, (b) to transmit the | |
| CodeSourcery Proprietary Components over an internal | |
| computer network, (c) to copy the CodeSourcery | |
| Proprietary Components for Your internal use only, and | |
| (d) to distribute the Redistributable Component(s) in | |
| binary form only and only as part of Licensee object code | |
| developed with the Software that provides substantially | |
| different functionality than the Redistributable | |
| Component(s). | |
| 5. Restrictions. | |
| You may not: (i) copy or permit others to use the | |
| CodeSourcery Proprietary Components of the Software, | |
| except as expressly provided above; (ii) distribute the | |
| CodeSourcery Proprietary Components of the Software to | |
| any third party, except as expressly provided above; or | |
| (iii) reverse engineer, decompile, or disassemble the | |
| CodeSourcery Proprietary Components of the Software, | |
| except to the extent this restriction is expressly | |
| prohibited by applicable law. | |
| 1. ARM Keil ULINK2 Drivers. | |
| Sourcery G++ may include ULINK2 drivers from | |
| ARM, Ltd. If these drivers are included, the | |
| following additional terms and conditions apply: | |
| 1. You may use the ULINK2 drivers only in | |
| conjunction with a compatible ARM Keil ULINK2 | |
| hardware unit manufactured by or under license | |
| from ARM and purchased from CodeSourcery, ARM, | |
| or a distributor authorized by ARM. | |
| 2. You may use the ULINK2 drivers only to connect | |
| to the GNU Debugger included in Sourcery G++. | |
| 3. The ULINK2 drivers are not supported by ARM, | |
| Ltd.; You should contact CodeSourcery for any | |
| support regarding the ULINK2 drivers. | |
| 4. You may not redistribute or transfer the ULINK2 | |
| drivers. | |
| 5. You may not translate, adapt, arrange or | |
| otherwise alter the object code of the ULINK2 | |
| drivers (including without limitation copying, | |
| adapting or reverse compiling the object code | |
| of the ULINK2 drivers for the purpose of error | |
| correction) except as allowed by applicable | |
| law. | |
| 6. You may not remove or obstruct any notice or | |
| marker incorporated into the ULINK2 drivers to | |
| protect ARM's or third parties' intellectual | |
| property or Proprietary Rights. | |
| 7. The ULINK2 drivers are licensed, not sold; all | |
| right, title and interest therein is reserved | |
| to CodeSourcery or its licensors, and You | |
| acquire no right, title or interest therein. | |
| 2. SEGGER J-Link Devices. | |
| Sourcery G++ Lite includes proprietary software from | |
| SEGGER Microcontroller GmbH & Co.KG that allows the | |
| use of SEGGER J-Link debug devices with the Sourcery | |
| G++ Lite Debug Sprite. You may use software from | |
| SEGGER only under the SEGGER J-Link software terms | |
| of use and license agreement. | |
| 3. Sourcery G++ Debug Sprite with ARM SWD. | |
| The Sourcery G++ Debug Sprite for ARM and Stellaris | |
| processors includes software for ARM SWD support | |
| from ARM, Ltd. You may use the ARM SWD software only | |
| in conjunction with a Cortex-M1 or Cortex-M3 | |
| microprocessor manufactured under license from ARM. | |
| 4. Sourcery G++ Debug Sprite for P&E Devices. | |
| You may use the Sourcery G++ Debug Sprite for P&E | |
| only in conjunction with ColdFire microprocessors | |
| and with debugging devices produced by P&E | |
| Microcomputer Systems. | |
| Sourcery G++ Debug Sprite for P&E Devices. | |
| This software application may include P&E NGS | |
| Drivers version 120210 third-party software, which | |
| is distributed on an "AS IS" basis, WITHOUT WARRANTY | |
| OF ANY KIND, either express or implied. P&E NGS | |
| Drivers version 120210 may be subject to the | |
| following copyrights: © 1999-2003, Lukas Gebauer All | |
| rights reserved. Redistribution and use in source | |
| and binary forms, with or without modification, are | |
| permitted provided that the following conditions are | |
| met: | |
| 5. Redistributions of source code must retain the above | |
| copyright notice, this list of conditions and the | |
| following disclaimer. | |
| 6. Redistributions in binary form must reproduce the | |
| above copyright notice, this list of conditions and | |
| the following disclaimer in the documentation and/or | |
| other materials provided with the distribution. | |
| 7. Neither the name of Lukas Gebauer nor the names of | |
| its contributors may be used to endorse or promote | |
| products derived from this software without specific | |
| prior written permission. | |
| 8. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS | |
| AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED | |
| WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE | |
| IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS | |
| FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT | |
| SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY | |
| DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR | |
| CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED | |
| TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; | |
| LOSS OF USE, DATA, OR PROFITS; OR BUSINESS | |
| INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF | |
| LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR | |
| TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN | |
| ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF | |
| ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. | |
| 6. Free Software or Open Source License to Certain | |
| Components of the Software | |
| This Agreement does not limit Your rights under, or grant | |
| You rights that supersede, the license terms of any Open | |
| Source Software Component delivered to You by | |
| CodeSourcery. Sourcery G++ includes components provided | |
| under various different licenses. The Getting Started | |
| Guide provides an overview of which license applies to | |
| different components, and, for components subject to the | |
| Eclipse Public License, contains information on how to | |
| obtain the source code. Definitive licensing information | |
| for each free software or open source component is | |
| available in the relevant source file. | |
| 7. CodeSourcery Trademarks. | |
| Notwithstanding any provision in a free software or open | |
| source license agreement applicable to a component of the | |
| Software that permits You to distribute such component to | |
| a third party in source or binary form, You may not use | |
| any CodeSourcery trademark, whether registered or | |
| unregistered, including without limitation, CodeSourcery, | |
| Sourcery G++, the CodeSourcery crystal ball logo, or the | |
| Sourcery G++ splash screen, or any confusingly similar | |
| mark, in connection with such distribution, and You may | |
| not recompile the Open Source Software Components with | |
| the --with-pkgversion or --with-bugurl configuration | |
| options that embed CodeSourcery trademarks in the | |
| resulting binary. | |
| 8. Term and Termination. | |
| This Agreement shall remain in effect unless terminated | |
| pursuant to this provision. CodeSourcery may terminate | |
| this Agreement upon seven (7) days written notice of a | |
| material breach of this Agreement if such breach is not | |
| cured; provided that the unauthorized use, copying, or | |
| distribution of the CodeSourcery Proprietary Components | |
| of the Software will be deemed a material breach that | |
| cannot be cured. | |
| 9. Transfers. | |
| You may not transfer any rights under this Agreement | |
| without the prior written consent of CodeSourcery, which | |
| consent shall not be unreasonably withheld. A condition | |
| to any transfer or assignment shall be that the recipient | |
| agrees to the terms of this Agreement. Any attempted | |
| transfer or assignment in violation of this provision | |
| shall be null and void. | |
| 10. Ownership. | |
| CodeSourcery owns and/or has licensed the CodeSourcery | |
| Proprietary Components of the Software and all | |
| intellectual property rights embodied therein, including | |
| copyrights and valuable trade secrets embodied in its | |
| design and coding methodology. The CodeSourcery | |
| Proprietary Components of the Software are protected by | |
| United States copyright laws and international treaty | |
| provisions. CodeSourcery also owns all rights, title and | |
| interest in and with respect to its trade names, domain | |
| names, trade dress, logos, trademarks, service marks, and | |
| other similar rights or interests in intellectual | |
| property. This Agreement provides You only a limited use | |
| license, and no ownership of any intellectual property. | |
| 11. Warranty Disclaimer; Limitation of Liability. | |
| CODESOURCERY AND ITS LICENSORS PROVIDE THE SOFTWARE AS-IS | |
| AND PROVIDED WITH ALL FAULTS. CODESOURCERY DOES NOT MAKE | |
| ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. | |
| CODESOURCERY SPECIFICALLY DISCLAIMS THE IMPLIED | |
| WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, | |
| FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND | |
| DATA ACCURACY. THERE IS NO WARRANTY OR GUARANTEE THAT THE | |
| OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, | |
| ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET | |
| ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY, | |
| ACCURACY, PURPOSE, OR NEED. YOU ASSUME THE ENTIRE RISK OF | |
| SELECTION, INSTALLATION, AND USE OF THE SOFTWARE. THIS | |
| DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF | |
| THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED | |
| HEREUNDER EXCEPT UNDER THIS DISCLAIMER. | |
| 12. Local Law. | |
| If implied warranties may not be disclaimed under | |
| applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED | |
| IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. | |
| 13. Limitation of Liability. | |
| INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND | |
| UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, | |
| TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL | |
| CODESOURCERY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY | |
| INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES | |
| OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR | |
| LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR | |
| ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF CODESOURCERY | |
| HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS | |
| LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR | |
| PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE | |
| LAW. IN NO EVENT SHALL CODESOURCERY'S LIABILITY FOR | |
| ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS | |
| OF THE FORM OF ACTION, EXCEED THE AMOUNT PAID BY YOU IN | |
| FEES UNDER THIS AGREEMENT DURING THE PREVIOUS ONE YEAR | |
| PERIOD. | |
| 14. Export Controls. | |
| You agree to comply with all export laws and restrictions | |
| and regulations of the United States or foreign agencies | |
| or authorities, and not to export or re-export the | |
| Software or any direct product thereof in violation of | |
| any such restrictions, laws or regulations, or without | |
| all necessary approvals. As applicable, each party shall | |
| obtain and bear all expenses relating to any necessary | |
| licenses and/or exemptions with respect to its own export | |
| of the Software from the U.S. Neither the Software nor | |
| the underlying information or technology may be | |
| electronically transmitted or otherwise exported or | |
| re-exported (i) into Cuba, Iran, Iraq, Libya, North | |
| Korea, Sudan, Syria or any other country subject to U.S. | |
| trade sanctions covering the Software, to individuals or | |
| entities controlled by such countries, or to nationals or | |
| residents of such countries other than nationals who are | |
| lawfully admitted permanent residents of countries not | |
| subject to such sanctions; or (ii) to anyone on the U.S. | |
| Treasury Department's list of Specially Designated | |
| Nationals and Blocked Persons or the U.S. Commerce | |
| Department's Table of Denial Orders. By downloading or | |
| using the Software, Licensee agrees to the foregoing and | |
| represents and warrants that it complies with these | |
| conditions. | |
| 15. U.S. Government End-Users. | |
| The Software is a commercial item, as that term is | |
| defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of | |
| commercial computer software and commercial computer | |
| software documentation, as such terms are used in 48 | |
| C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. | |
| 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June | |
| 1995), all U.S. Government End Users acquire the Software | |
| with only those rights set forth herein. | |
| 16. Licensee Outside The U.S. | |
| If You are located outside the U.S., then the following | |
| provisions shall apply: (i) Les parties aux presentes | |
| confirment leur volonte que cette convention de meme que | |
| tous les documents y compris tout avis qui siy rattache, | |
| soient rediges en langue anglaise (translation: The | |
| parties confirm that this Agreement and all related | |
| documentation is and will be in the English language.); | |
| and (ii) You are responsible for complying with any local | |
| laws in your jurisdiction which might impact your right | |
| to import, export or use the Software, and You represent | |
| that You have complied with any regulations or | |
| registration procedures required by applicable law to | |
| make this license enforceable. | |
| 17. Severability. | |
| If any provision of this Agreement is declared invalid or | |
| unenforceable, such provision shall be deemed modified to | |
| the extent necessary and possible to render it valid and | |
| enforceable. In any event, the unenforceability or | |
| invalidity of any provision shall not affect any other | |
| provision of this Agreement, and this Agreement shall | |
| continue in full force and effect, and be construed and | |
| enforced, as if such provision had not been included, or | |
| had been modified as above provided, as the case may be. | |
| 18. Arbitration. | |
| Except for actions to protect intellectual property | |
| rights and to enforce an arbitrator's decision hereunder, | |
| all disputes, controversies, or claims arising out of or | |
| relating to this Agreement or a breach thereof shall be | |
| submitted to and finally resolved by arbitration under | |
| the rules of the American Arbitration Association (AAA) | |
| then in effect. There shall be one arbitrator, and such | |
| arbitrator shall be chosen by mutual agreement of the | |
| parties in accordance with AAA rules. The arbitration | |
| shall take place in Granite Bay, California, and may be | |
| conducted by telephone or online. The arbitrator shall | |
| apply the laws of the State of California, USA to all | |
| issues in dispute. The controversy or claim shall be | |
| arbitrated on an individual basis, and shall not be | |
| consolidated in any arbitration with any claim or | |
| controversy of any other party. The findings of the | |
| arbitrator shall be final and binding on the parties, and | |
| may be entered in any court of competent jurisdiction for | |
| enforcement. Enforcements of any award or judgment shall | |
| be governed by the United Nations Convention on the | |
| Recognition and Enforcement of Foreign Arbitral Awards. | |
| Should either party file an action contrary to this | |
| provision, the other party may recover attorney's fees | |
| and costs up to $1000.00. | |
| 19. Jurisdiction And Venue. | |
| The courts of Placer County in the State of California, | |
| USA and the nearest U.S. District Court shall be the | |
| exclusive jurisdiction and venue for all legal | |
| proceedings that are not arbitrated under this Agreement. | |
| 20. Independent Contractors. | |
| The relationship of the parties is that of independent | |
| contractor, and nothing herein shall be construed to | |
| create a partnership, joint venture, franchise, | |
| employment, or agency relationship between the parties. | |
| Licensee shall have no authority to enter into agreements | |
| of any kind on behalf of CodeSourcery and shall not have | |
| the power or authority to bind or obligate CodeSourcery | |
| in any manner to any third party. | |
| 21. Force Majeure. | |
| Neither CodeSourcery nor Licensee shall be liable for | |
| damages for any delay or failure of delivery arising out | |
| of causes beyond their reasonable control and without | |
| their fault or negligence, including, but not limited to, | |
| Acts of God, acts of civil or military authority, fires, | |
| riots, wars, embargoes, or communications failure. | |
| 22. Miscellaneous. | |
| This Agreement constitutes the entire understanding of | |
| the parties with respect to the subject matter of this | |
| Agreement and merges all prior communications, | |
| representations, and agreements. This Agreement may be | |
| modified only by a written agreement signed by the | |
| parties. If any provision of this Agreement is held to be | |
| unenforceable for any reason, such provision shall be | |
| reformed only to the extent necessary to make it | |
| enforceable. This Agreement shall be construed under the | |
| laws of the State of California, USA, excluding rules | |
| regarding conflicts of law. The application of the United | |
| Nations Convention of Contracts for the International | |
| Sale of Goods is expressly excluded. This license is | |
| written in English, and English is its controlling | |
| language. |