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Diffstat (limited to 'EULA')
| -rw-r--r-- | EULA | 156 |
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@@ -1,12 +1,12 @@ -LA_OPT_NXP_Software_License v34 February 2022 +LA_OPT_NXP_Software_License v53 December 2023 IMPORTANT. Read the following NXP Software License Agreement ("Agreement") completely. By selecting the "I Accept" button at the end of this page, or by downloading, installing, or using the Licensed Software, you indicate that you -accept the terms of the Agreement and you acknowledge that you have the +accept the terms of the Agreement, and you acknowledge that you have the authority, for yourself or on behalf of your company, to bind your company to these terms. You may then download or install the file. In the event of a conflict between the terms of this Agreement and any license terms and -conditions for NXP's proprietary software embedded anywhere in the Licensed +conditions for NXP’s proprietary software embedded anywhere in the Licensed Software file, the terms of this Agreement shall control. If a separate license agreement for the Licensed Software has been signed by you and NXP, then that agreement shall govern your use of the Licensed Software and shall @@ -36,10 +36,10 @@ ownership of greater than fifty percent (50%) of the shares or similar interests entitled to vote for the election of directors or other persons performing similar functions. An entity is considered an Affiliate only so long as such Control exists. -1.2 "Authorized System" means either (i) Licensee's hardware product which -incorporates an NXP Product or (ii) Licensee's software program which is used -exclusively in connection with an NXP Product and with which the Licensed -Software will be integrated. +1.2 "Authorized System" means either (i) Licensee’s hardware product +which incorporates an NXP Product or (ii) Licensee’s software program which +is used exclusively in connection with an NXP Product and with which the +Licensed Software will be integrated. 1.3. "Derivative Work" means a work based upon one or more pre-existing works. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of @@ -109,19 +109,19 @@ Section 2, are contained in Appendix A. The Licensed Software may be accompanied by a Software Content Register which will identify that portion of the Licensed Software, if any, that is subject to the different terms in Appendix A. -2.5. You may use subcontractors on your premises to exercise your -rights under Section 2.2 and Section 2.3, if any, so long as you have an -agreement in place with the subcontractor containing confidentiality -restrictions no less stringent than those contained in this Agreement. You will -remain liable for your subcontractors' adherence to the terms of this Agreement -and for any and all acts and omissions of such subcontractors with respect to -this Agreement and the Licensed Software. +2.5. You may use subcontractors to exercise your rights under Section +2.2 and Section 2.3, if any, so long as you have an agreement in place with the +subcontractor containing confidentiality restrictions no less stringent than +those contained in this Agreement. You will remain liable for your +subcontractors’ adherence to the terms of this Agreement and for any and all +acts and omissions of such subcontractors with respect to this Agreement and +the Licensed Software. 3. LICENSE LIMITATIONS AND RESTRICTIONS. 3.1. The licenses granted above in Section 2 only extend to NXP Intellectual Property Rights that would be infringed by the unmodified Licensed Software prior to your preparation of any Derivative Work. 3.2. The Licensed Software is licensed to you, not sold. Title to -Licensed Software delivered hereunder remains vested in NXP or NXP's licensor +Licensed Software delivered hereunder remains vested in NXP or NXP’s licensor and cannot be assigned or transferred. You are expressly forbidden from selling or otherwise distributing the Licensed Software, or any portion thereof, except as expressly permitted herein. This Agreement does not grant to you any implied @@ -132,8 +132,8 @@ prohibits such restriction. You must prohibit your subcontractors or customers (if distribution is permitted) from translating, reverse engineering, decompiling, or disassembling the Licensed Software except to the extent applicable law specifically prohibits such restriction. -3.4. You must reproduce any and all of NXP's (or its third-party -licensor's) copyright notices and other proprietary legends on copies of +3.4. You must reproduce any and all of NXP’s (or its third-party +licensor’s) copyright notices and other proprietary legends on copies of Licensed Software. 3.5. If you distribute the Licensed Software to the United States Government, then the Licensed Software is "restricted computer software" and is @@ -224,8 +224,8 @@ for a particular purpose, or non-infringement. You assume the entire risk arising out of the use or performance of the licensed software, or any systems you design using the licensed software (if any). 10. INDEMNITY. You agree to fully defend and indemnify NXP from all -claims, liabilities, and costs (including reasonable attorney's fees) related -to (1) your use (including your subcontractor's or distributee's use, if +claims, liabilities, and costs (including reasonable attorney’s fees) related +to (1) your use (including your subcontractor’s or distributee’s use, if permitted) of the Licensed Software or (2) your violation of the terms and conditions of this Agreement. 11. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A BREACH OF @@ -235,7 +235,7 @@ IN NO EVENT WILL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, TO -THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. NXP'S TOTAL LIABILITY FOR ALL +THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. NXP’S TOTAL LIABILITY FOR ALL COSTS, DAMAGES, CLAIMS, OR LOSSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR PRODUCT(S) SUPPLIED UNDER THIS AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU TO NXP IN CONNECTION WITH THE LICENSED @@ -278,7 +278,7 @@ software for use in the development of, or for incorporation into, products or services (a) used in applications requiring fail-safe performance or (b) in which failure could lead to death, personal injury, or severe physical or environmental damage (these products and services are referred to as "Critical -Applications"). NXP's goal is to educate customers so that they can design +Applications"). NXP’s goal is to educate customers so that they can design their own end-product solutions to meet applicable functional safety standards and requirements. Licensee makes the ultimate design decisions regarding its products and is solely responsible for compliance with all legal, regulatory, @@ -288,8 +288,8 @@ assumes all risk related to use of the Licensed Software in Critical Applications and NXP SHALL NOT BE LIABLE FOR ANY SUCH USE IN CRITICAL APPLICATIONS BY LICENSEE. Accordingly, Licensee will indemnify and hold NXP harmless from any claims, liabilities, damages and associated costs and -expenses (including attorneys' fees) that NXP may incur related to Licensee’s -incorporation of the Licensed Software in a Critical Application. +expenses (including attorneys’ fees) that NXP may incur related to +Licensee’s incorporation of the Licensed Software in a Critical Application. 15. CHOICE OF LAW; VENUE. This Agreement will be governed by, construed, and enforced in accordance with the laws of The Netherlands, without regard to conflicts of laws principles, will apply to all matters relating to @@ -335,7 +335,7 @@ subsequent breach of the same or a different provision. to your compliance with the limited license rights granted under this Agreement for three years following expiration or termination of this Agreement. NXP will have the right, either itself or through an independent certified public -accountant to examine and audit, at NXP's expense, not more than once a year, +accountant to examine and audit, at NXP’s expense, not more than once a year, and during normal business hours, all such records that may bear upon your compliance with the limited license rights granted above. You must make prompt adjustment to compensate for any errors and/or omissions disclosed by such @@ -343,13 +343,15 @@ examination or audit. 22. NOTICES. All notices and communications under this Agreement will be made in writing, and will be effective when received at the following addresses: - NXP: NXP B.V. - High Tech Campus 60 - 5656 AG Eindhoven - The Netherlands - ATTN: Legal Department +NXP: +NXP B.V. +High Tech Campus 60 +5656 AG Eindhoven +The Netherlands +ATTN: Legal Department - You: The address provided at registration will be used. +You: +The address provided at registration will be used. 23. RELATIONSHIP OF THE PARTIES. The parties are independent contractors. Nothing in this Agreement will be construed to create any @@ -380,17 +382,27 @@ Party Software or specific components of the NXP proprietary software, the following terms apply to the extent they deviate from the terms in the Agreement: +AGGIOS, Inc.: EnergyLab LITE and Seed software are distributed by NXP under +license from AGGIOS, Inc. Your use of AGGIOS software, as the Licensee, is +subject to the following: (i) use of AGGIOS software is limited to object code +and Authorized System only; (ii) Licensee may not sublicense the AGGIOS +software to any third party; (iii) Licensee is only granted an evaluation +license for the Seed software, defined as license to use the Seed software +internally for own evaluation purposes, limited to three (3) months. Further +rights including but not limited to production deployment must be obtained +directly from AGGIOS, Inc. + Airbiquity Inc.: The Airbiquity software may only be used in object code and Licensee may not sublicense the Airbiquity software to any third party. -Licensee’s license to use the Airbiquity software expires on June 30, 2023. +Licensee’s license to use the Airbiquity software expires on June 30, 2024. Amazon: Use of the Amazon software constitutes your acceptance of the terms of the Amazon Program Materials License Agreement (including the AVS Component Schedule, if applicable), located at https://developer.amazon.com/support/legal/pml. All Amazon software is hereby designated "Amazon confidential". With the exception of the binary library of -the Amazon Wake Word Engine for “Alexa”, all Amazon software is also hereby -designated as “Restricted Program Materials”. Amazon is a third-party +the Amazon Wake Word Engine for "Alexa", all Amazon software is also hereby +designated as "Restricted Program Materials". Amazon is a third-party beneficiary to this Agreement with respect to the Amazon software. Amazon Web Services, Inc.: AWS is an intended third-party beneficiary to this @@ -407,6 +419,9 @@ Any dispute or claim relating to your use of the Greengrass software will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. +Amazon: AWS Fleetwise software must be used consistent with the terms found +here: https://github.com/aws/aws-iot-fleetwise-edge/blob/main/LICENSE. + Amphion Semiconductor Ltd.: Distribution of Amphion software must be a part of, or embedded within, Authorized Systems that include an Amphion Video Decoder. @@ -420,6 +435,14 @@ software to an NXP Product which mates with an Aquantia device. Argus Cyber Security: The Argus software may only be used in object code and only for evaluation and demonstration purposes. +Arm Toolkit: This tool is owned by Arm Limited. You may not reverse engineer, +decompile or dissemble any ARM Toolkit. You agree to abide by any third-party +IP requirements, including the relevant license terms where applicable, where +such third-party IP is identified in the documentation provided with the ARM +Toolkit. You may not copy the Arm Toolkit except solely for archival and backup +purposes provided all notices are preserved. Arm disclaims any and all +liability related to your use of the ARM Toolkit. + Atheros: Use of Atheros software is limited to evaluation and demonstration only. Permitted distributions must be similarly limited. Further rights must be obtained directly from Atheros. @@ -450,6 +473,13 @@ distribution of one copy embedded in a single NXP Product. Your use of Cadence NatureDSP Libraries whether in source code or in binary is restricted to NXP SoC based systems or emulation enablement based on NXP SoC. +CEVA D.S.P. Ltd. And CEVA Technologies Inc. ("CEVA"): The CEVA-SPF2 linear +algebra, CEVA-SPF2 Neural Network Libraries, CEVA-SPF2 Core Libraries, +CEVA-SPF2 OpenAMP and CEVA-SPF2 STL licensed modules are owned by CEVA and such +materials may only be used in connection with an NXP product containing the +S250 or S125 integrated circuits, whether or not the CEVA-SPF2 Core is +physically implemented and/or enabled on such NXP product + Cirque Corporation: Use of Cirque Corporation technology is limited to evaluation, demonstration, or certification testing only. Permitted distributions must be similarly limited. Further rights, including but not @@ -460,6 +490,10 @@ Coding Technologies (Dolby Labs): Use of CTS software is limited to evaluation and demonstration only. Permitted distributions must be similarly limited. Further rights must be obtained from Dolby Laboratories. +Coremark: Use of the Coremark benchmarking software is subject to the +following terms and conditions: +https://github.com/eembc/coremark/blob/main/LICENSE.md + CSR: Use of Cambridge Silicon Radio, Inc. ("CSR") software is limited to evaluation and demonstration only. Permitted distributions must be similarly limited. Further rights must be obtained directly from CSR. @@ -472,8 +506,8 @@ Cypress Semiconductor Corporation: WWD RTOS source code may only be used in accordance with the Cypress IOT Community License Agreement obtained directly from Cypress Semiconductor Corporation. -Elektrobit Automotive GmbH (“EB”): EB software must be used consistent with -the EB License Terms and Conditions, Version 1.4 (Dec 2019) found here: +Elektrobit Automotive GmbH ("EB"): EB software must be used consistent with the +EB License Terms and Conditions, Version 1.4 (Dec 2019) found here: https://www.elektrobit.com/legal-notice/ . Licensee is only granted an evaluation license for the EB software, defined as license to use the EB software internally for own evaluation purposes, limited to three (3) months. @@ -505,12 +539,24 @@ Global Locate (Broadcom Corporation): Use of Global Locate, Inc. software is limited to evaluation and demonstration only. Permitted distributions must be similarly limited. Further rights must be obtained from Global Locate. -LC3plus: LC3plus short frame audio codec features as defined in ETSI TS 103634 -are included in the code. To enable the LC3plus features in a final product, a -license has to be obtained from Fraunhofer. More information can be found on -the following web page: +IAR Systems: Use of IAR flashloader or any IAR source code is subject to the +terms of the IAR Source License located within the IAR zip package. The IAR +Source License applies to linker command files, example projects unless another +license is explicitly stated, the cstartup code, low_level_init.c, and some +other low-level runtime library files. + +LC3plus: the LC3plus Low Complexity Communication Codec Plus (LC3plus) per ETSI +TS 103 634 V1.3.1, is subject to ETSI Intellectual Property Rights Policy, See +https://portal.etsi.org/directives/45_directives_jun_2022.pdf. For application +in an End Product, Fraunhofer communication applies, see https://www.iis.fraunhofer.de/en/ff/amm/communication/lc3.html +Lumissil: Use of the Lumissil software constitutes your acceptance of the terms +of the Lumissil Software License Agreement. A link to the agreement is +incorporated as follows: +https://www.lumissil.com/assets/pdf/support/2023%20Lumissil%20IS3xCG5317%20Softw +are%20License%20Agreement%20NXP.pdf . + Microsoft: Except for Microsoft PlayReady software, if the Licensed Software includes software owned by Microsoft Corporation ("Microsoft"), it is subject to the terms of your license with Microsoft (the "Microsoft Underlying Licensed @@ -553,9 +599,19 @@ MQX RTOS Code: MQX RTOS source code may not be re-distributed by any NXP Licensee under any circumstance, even by a signed written amendment to this Agreement. +NXP Voice Software: VoiceSpot, VoiceSeeker (including AEC), VIT Speech to +Intent, and Conversa may be used for evaluation or demonstration purposes only. +Any commercial distribution rights are subject to a separate royalty agreement +obtained from NXP. + NXP Wireless Charging Library: License to the Software is limited to use in inductive coupling or wireless charging applications +ON Semiconductor: ON Semiconductor AP1302 Image Signal Processor Initialization +Binaries must be used consistent with the terms found here: +https://github.com/ONSemiconductor/ap1302_binaries/blob/main/AP1302%20Software%2 +0License%20Agreement.pdf + Opus: Use of Opus software must be consistent with the terms of the Opus license which can be found at: http://www.opus-codec.org/license/ @@ -587,6 +643,13 @@ commercial use and distribution of products containing the GStreamer Optimized Real Format Client Code implementation or OpenMax Optimized Real Format Client Code +Real-Time Innovations, Inc.: Not withstanding anything in this Agreement, +Real-Time Innovations, Inc. software must be used strictly in accordance with +Real-Time Innovations, Inc.'s Automotive Software Evaluation License Agreement, +available here: +https://www.rti.com/hubfs/_Collateral/Services_and_Support/Automotive_Evaluation +_SLA_90_dayNXP.pdf . Any other use is expressly prohibited. + RivieraWaves SAS (a member of the CEVA, Inc. family of companies): You may not use the RivieraWaves intellectual property licensed under this Agreement if you develop, market, and/or license products similar to such RivieraWaves @@ -616,6 +679,21 @@ Cortex-M3, Cortex-M4, Cortex-M33, Cortex-M7, and Cortex-A7 based products only. SEGGER Microcontroller - J-Link/J-Trace Software: Segger software must be used consistent with the terms found here: http://www.segger.com/jlink-software.html +SEVENSTAX - Not withstanding anything in this Agreement, SEVENSTAX GmbH +software must be used for evaluation purposes only, in strict accordance with +the SEVENSTAX License Agreement, available here: +https://www.sevenstax.de/fileadmin/documents/SEVENSTAX-NX-ESLA.txt. Any other +use, and embedding the software into commercial products, is expressly +prohibited. +Synopsys/BLE Software: Your use of the Synopsys/BLE Software and related +documentation is subject to the following: +(1) Synopsys is third-party beneficiaries of, and thus may enforce against you, +the license restrictions and confidentiality obligations in this agreement with +respect to their intellectual property and proprietary information. +(2) Your distribution of the Licensed Software shall subject any recipient to a +written agreement at least as protective of the Licensed Software as provided +in this Agreement. + Synopsys/Target Compiler Technologies: Your use of the Synopsys/Target Compiler Technologies Licensed Software and related documentation is subject to the following: |