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. |