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diff --git a/custom-licenses/Freescale-EULA b/custom-licenses/Freescale-EULA new file mode 100644 index 00000000..2122a1fd --- /dev/null +++ b/custom-licenses/Freescale-EULA @@ -0,0 +1,214 @@ +IMPORTANT. Read the following Freescale Software License Agreement ("Agreement") +completely. By selecting the "I Accept" button at the end of this page, you +indicate that you accept the terms of the Freescale Proprietary Software License +Agreement and you also acknowledge that you have the authority, on behalf of your +company, to bind your company to such terms. You may then download or install the +file. + +FREESCALE PROPRIETARY SOFTWARE LICENSE AGREEMENT +This is a license agreement ("Agreement") between you (either as an individual +or as an authorized representative acting on behalf of your employer) and Freescale +Semiconductor, Inc. ("Freescale"). It concerns your rights to use the software +provided to you in binary or source code form and any accompanying written materials +(the "Software"). The Software may include any updates or error corrections or +documentation relating to the Software provided to you by Freescale under this +License. In consideration for Freescale allowing you to access the Software, you are +agreeing to be bound by the terms of this Agreement. If you do not agree to all of +the terms of this Agreement, do not download or install the Software. If you change +your mind later, stop using the Software and delete all copies of the Software in +your possession or control. Any copies of the Software that you have already +distributed, where permitted, and do not destroy will continue to be governed by +this Agreement. Your prior use will also continue to be governed by this Agreement. + +1. LICENSE GRANT. Freescale grants to you, free of charge, the non-exclusive, +non-transferable, non-sublicensable right (1) to use the Software, (2) to reproduce +the Software, (3) to prepare derivative works of the Software, (4) to distribute the +Software and derivative works thereof in object (machine-readable) form as part of +a programmable processing unit (e.g. a microprocessor, microcontroller, or digital +signal processor) supplied directly or indirectly from Freescale ("Freescale +System") and (5) to sublicense to others the right to use the distributed Software, +provided that any and all such sublicenses include the same terms and conditions of +this Agreement. Notwithstanding the limitation on damages in Section 8, Licensee +will indemnify, defend, and hold harmless Freescale against any and all claims, +costs, damages, liabilities, judgments and attorneys' fees resulting from or +arising out of any breach by the sublicensee, or resulting from or arising out of +any action by the sublicensee inconsistent with this Agreement. +You must notify Freescale, in writing, any time you create a derivative of the +Software. Freescale owns all derivatives created from the Software, and derivatives +are licensed to you under the same terms as the Software under this Agreement. Upon +request, you must provide Freescale the source code of any derivative of the Software. +If you violate any of the terms or restrictions of this Agreement, Freescale may +immediately terminate this Agreement, and require that you stop using and delete all +copies of the Software and any derivative in your possession or control. Any license +granted above only extends to Freescale's intellectual property rights that would +be necessarily infringed by the Software as provided to you by Freescale and as used +within the scope of the licenses granted. You must advise Freescale of any results +obtained including any problems or suggested improvements thereof. Freescale retains +the right to use such results and related information in any manner it deems +appropriate. + +2. OTHER RESTRICTIONS. Subject to the license grant above, the following restrictions + apply: + +a. Freescale reserves all rights not expressly granted herein. +b. You may not rent, lease, sublicense, lend or encumber the Software, unless + otherwise expressly agreed to within this Agreement +c. You may not distribute, manufacture, have manufactured, sublicense or otherwise + reproduce the Software for purposes other than intended in this Agreement. +d. You may not remove or alter any proprietary legends, notices, or trademarks + contained in the Licensed Software, +e. The terms and conditions of this Agreement will apply to any Software updates, + provided to you at Freescale's discretion, that replace and/or supplement the + original Software, unless such update contains a separate license. +f. You may not translate, reverse engineer, decompile, or disassemble the Software + provided to you solely in object code format (machine readable) except to the + extent applicable law specifically prohibits such restriction. You will prohibit + your sublicensees from translating, reverse engineering, decompiling, or + disassembling the Software except to the extent applicable law specifically + prohibits such restriction. + +3. OPEN SOURCE. You are about to download or install certain software that is +subject to various open source licenses such as the Apache License, the BSD license, +the Free Software Foundation General Public License and Lesser General Public +License, the Mozilla Public License and others. Your use of such open source +software is subject to the terms of each applicable license. You must agree to the +terms of each such applicable license, or you should not use the open source software. +Any open source license that is incompatible with the terms of this Agreement +supersedes the terms of this Agreement. + +4. COPYRIGHT. The Software is licensed to you, not sold. Freescale owns the +Software, and United States copyright laws and international treaty provisions +protect the Software. Therefore, you must treat the Software like any other +copyrighted material (e.g. a book or musical recording). You may not use or +copy the Software for any other purpose than what is described in this Agreement. +Except as expressly provided herein, Freescale does not grant to you any express or +implied rights under any Freescale or third party patents, copyrights, trademarks, +or trade secrets. Additionally, you must reproduce and apply any copyright or other +proprietary rights notices included on or embedded in the Software to any copies +made thereof, in whole or in part, if any. You may not remove any copyright +notices of Freescale incorporated in the Software. + +5. TERM AND TERMINATION. The term of this Agreement shall commence on the date +of installation or download and shall continue perpetually, unless earlier +terminated in accordance with this Agreement. Freescale has the right to terminate +this Agreement without notice and require that you stop using and delete all copies +of the Software in your possession or control if you violate any of the terms or +restrictions of this Agreement. Freescale may terminate this Agreement should any +of the Software become, or in Freescale's reasonable opinion is likely to become, +the subject of a claim of intellectual infringement or trade secret misappropriation. +Upon termination, you must cease use of and destroy, the Software and confirm +compliance in writing to Freescale. Upon termination, the license granted pursuant +to this Agreement immediately terminates and the provisions of Sections 4 through +18 will survive any termination of this Agreement. + +6. SUPPORT. Freescale is NOT obligated to provide any support, upgrades or new +releases of the Software. If you wish, you may contact Freescale and report problems +and provide suggestions regarding the Software. Freescale has no obligation +whatsoever to respond in any way to such a problem report or suggestion. Freescale +may make changes to the Software at any time, without any obligation to notify or +provide updated versions of the Software to you. + +7. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREESCALE EXPRESSLY +DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS", +WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT +LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR +PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE +OR PERFORMANCE OF THE SOFTWARE, OR ANY SYSTEMS YOU DESIGN USING THE SOFTWARE (IF +ANY). NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS A WARRANTY OR REPRESENTATION +BY FREESCALE THAT THE SOFTWARE OR ANY DERIVATIVE WORK DEVELOPED WITH OR INCORPORATING +THE SOFTWARE WILL BE FREE FROM INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF +THIRD PARTIES. + +8. INDEMNITY. You agree to fully defend and indemnify Freescale from any and all +claims, liabilities, and costs (including reasonable attorney's fees) related to +(1) your use (including your sublicensee's use, if permitted) of the Software or +(2) your violation of the terms and conditions of this Agreement. + +9. LIMITATION OF LIABILITY. IN NO EVENT WILL FREESCALE 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 EVEN IF INFORMED IN ADVANCE OF THE +POSSIBILITY OF SUCH DAMAGES. FREESCALE'S LIABILITY WILL IN ANY EVENT AND UNDER ANY +THEORY OF RECOVERY BE LIMITED TO THE TOTAL AMOUNT RECEIVED BY FREESCALE UNDER THIS +AGREEMENT. + +10. COMPLIANCE WITH LAWS; EXPORT RESTRICTIONS. You must not resell, re-export, or +provide, directly or indirectly, the licensed software or direct product thereof, +in any form without obtaining appropriate export or re-export licenses from the +United States Government and from the country from which the export or re-export +is to occur. An export occurs when products, technology, or software is transferred +from one country to another by any means, including physical shipments, FTP file +transfers, E-mails, faxes, remote server access, conversations, and the like. An +export also occurs when technology or software is transferred to a foreign national +in the United States, or foreign national of the country in which the business +activity is taking place. A foreign national is any person who is neither a citizen +nor permanent resident of the United States, or the country in which the business +activity is taking place. Furthermore, if an export/import license, permit or other +government required authority (collectively referred to as "government +authorization") is required to transfer technology, software, hardware or other +Freescale property to non- Freescale party(ies) and is not approved, then Freescale +is not obligated to transfer the Software under this Agreement until such +"government authorization" is granted.. + +11. GOVERNMENT RIGHTS. The Licensed Software is a "Commercial Item as defined in +48 C.F.R. $2.101, consisting of "Commercial Computer Software" and "Commercial +Computer Software Documentation," as such terms are used in 48 C.F.R. $ 12.212 or +48 C.F.R. $227.7202, as applicable and are only licensed to U.S. Government end +users with the rights as are set forth herein.. + +12. HIGH RISK ACTIVITIES. You acknowledge that the Software is not fault tolerant +and is not designed, manufactured or intended by Freescale for incorporation into +products intended for use or resale in on-line control equipment in hazardous, +dangerous to life or potentially life-threatening environments requiring fail-safe + performance, such as in the operation of nuclear facilities, aircraft navigation + or communication systems, air traffic control, direct life support machines or +weapons systems, in which the failure of products could lead directly to death, +personal injury or severe physical or environmental damage ("High Risk Activities"). + You specifically represent and warrant that you will not use the Software or any +derivative work of the Software for High Risk Activities. + +13. CHOICE OF LAW; VENUE; LIMITATIONS. You agree that the statutes and laws of the +United States and the State of Texas, USA, without regard to conflicts of laws +principles, will apply to all matters relating to this Agreement or the Software, +and you agree that any litigation will be subject to the exclusive jurisdiction of +the state or federal courts in Texas, USA. You agree that regardless of any +statute or law to the contrary, any claim or cause of action arising out of or +related to this Agreement or the Software must be filed within one (1) year after +such claim or cause of action arose or be forever barred. + +14. CONFIDENTIAL INFORMATION. You must treat the Software as confidential +information and you agree to retain the Software in confidence perpetually, with +respect to Software in source code form (human readable), or for a period of five +(5) years from the date of termination of this Agreement, with respect to all other +parts of the Software. During this period you may not disclose any part of the +Software to anyone other than employees who have a need to know of the Software and + who have executed written agreements obligating them to protect such Licensed +Software to at least the same degree of care as in this Agreement. You agree to use + the same degree of care, but no less than a reasonable degree of care, with the +Software as you do with your own confidential information. You may disclose Software + to the extent required by a court or under operation of law or order provided that + you notify Freescale of such requirement prior to disclosure, which you only +disclose information required, and that you allow Freescale the opportunity to +object to such court or other legal body requiring such disclosure. + +15. PRODUCT LABELING. You are not authorized to use any Freescale trademarks, +brand names, or logos. + +16. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you +and Freescale regarding the subject matter of this Agreement, and supersedes all +prior communications, negotiations, understandings, agreements or representations, +either written or oral, if any. This Agreement may only be amended in written form, +executed by you and Freescale. + +17. SEVERABILITY. If any provision of this Agreement is held for any reason to be +invalid or unenforceable, then the remaining provisions of this Agreement will be +unimpaired and, unless a modification or replacement of the invalid or unenforceable +provision is further held to deprive you or Freescale of a material benefit, in +which case the Agreement will immediately terminate, the invalid or unenforceable +provision will be replaced with a provision that is valid and enforceable and that +comes closest to the intention underlying the invalid or unenforceable provision. + +18. NO WAIVER. The waiver by Freescale of any breach of any provision of this +Agreement will not operate or be construed as a waiver of any other or a subsequent +breach of the same or a different provision. |