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-LICENSE AGREEMENT
-
-PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT IS A
-BINDING LEGAL AGREEMENT ENTERED INTO BY AND BETWEEN YOU (OR IF YOU ARE ENTERING
-INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN THE ENTITY THAT YOU REPRESENT)
-AND QUALCOMM TECHNOLOGIES, INC. ("QTI" "WE" "OUR" OR "US"). THIS IS THE
-AGREEMENT THAT APPLIES TO YOUR USE OF THE DESIGNATED AND/OR LINKED APPLICATIONS,
-THE ENCLOSED QUALCOMM TECHNOLOGIES' MATERIALS, INCLUDING RELATED DOCUMENTATION
-AND ANY UPDATES OR IMPROVEMENTS THEREOF (COLLECTIVELY, "MATERIALS"). BY USING
-OR COMPLETING THE INSTALLATION OF THE MATERIALS, YOU ARE ACCEPTING THIS
-AGREEMENT AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT
-AGREE TO THESE TERMS, QTI IS UNWILLING TO AND DOES NOT LICENSE THE MATERIALS TO
-YOU. IF YOU DO NOT AGREE TO THESE TERMS YOU MUST DISCONTINUE THE INSTALLATION
-PROCESS AND YOU MAY NOT USE THE MATERIALS OR RETAIN ANY COPIES OF THE
-MATERIALS. ANY USE OR POSSESSION OF THE MATERIALS BY YOU IS SUBJECT TO THE TERMS
-AND CONDITIONS SET FORTH IN THIS AGREEMENT.
-
-1. RIGHT TO USE DELIVERABLES; RESTRICTIONS.
-
-1.1 License.
-
-Subject to the terms and conditions of this Agreement, including, without
-limitation, the restrictions, conditions, limitations and exclusions set forth
-in this Agreement, QTI hereby grants to you a nonexclusive, limited license
-under QTI's copyrights to: (i) install and use the Materials; and (ii) to
-reproduce and redistribute the binary code portions of the Materials (the
-"Redistributable Binary Code"). You may make and use a reasonable number of
-copies of any documentation.
-
-1.2 Redistribution Restrictions.
-
-Distribution of the Redistributable Binary Code is subject to the following
-restrictions: (i) Redistributable Binary Code may only be distributed in binary
-format and may not be distributed in source code format: (ii) Redistributable
-Binary Code may not be distributed on a stand alone basis but may be
-redistributed in conjunction with and as a part of a software application
-created by you; (iii) the Redistributable Binary Code may only operate in
-conjunction with platforms incorporating Qualcomm Technologies, Inc. chipsets;
-(iv) redistribution of the Redistributable Binary Code must include the .txt
-file setting forth the terms and condition of this Agreement; (v) you may not
-use Qualcomm Technologies' or its affiliates or subsidiaries name, logo or
-trademarks; and (vi) copyright, trademark, patent and any other notices that
-appear on the Materials may not be removed or obscured.
-
-1.3 Additional Restrictions.
-
-Except as expressly permitted by this Agreement, you shall have no right to
-sublicense, transfer or otherwise disclose the Materials to any third party.
-You shall not reverse engineer, reverse assemble, reverse translate, decompile
-or reduce to source code form any portion of the Materials provided in object
-code form or executable form. Except for the purposes expressly permitted in
-this Agreement, You shall not use the Materials for any other purpose. QTI (or
-its licensors) shall retain title and all ownership rights in and to the
-Materials and any alterations, modifications (including all derivative works),
-translations or adaptations made of the Materials, and all copies thereof, and
-nothing herein shall be deemed to grant any right to You under any of QTI's or
-its affiliates' patents. You shall not subject the Materials to any third party
-license terms (e.g., open source license terms). You shall not use the
-Materials for the purpose of identifying or providing evidence to support any
-potential patent infringement claim against QTI, its affiliates, or any of QTI's
-or QTI's affiliates' suppliers and/or direct or indirect customers. QTI hereby
-reserves all rights not expressly granted herein.
-
-1.4 Third Party Software and Materials.
-
-The Software may contain or link to certain software and/or materials that are
-written or owned by third parties. Such third party code and materials may be
-licensed under separate or different terms and conditions and are not licensed
-to you under the terms of this Agreement. You agree to comply with all terms
-and conditions imposed on you in the applicable third party licenses. Such
-terms and conditions may impose certain obligations on you as a condition to the
-permitted use of such third party code and materials. QTI does not represent or
-warrant that such third party licensors have or will continue to license or make
-available their code and materials to you.
-
-1.5 Feedback.
-
-QTI may from time to time receive suggestions, feedback or other information
-from You regarding the Materials. Any suggestions, feedback or other
-disclosures received from You are and shall be entirely voluntary on the part of
-You. Notwithstanding any other term in this Agreement, QTI shall be free to use
-suggestions, feedback or other information received from You, without obligation
-of any kind to You. The Parties agree that all inventions, product
-improvements, and modifications conceived of or made by QTI that are based,
-either in whole or in part, on ideas, feedback, suggestions, or recommended
-improvements received from You are the exclusive property of QTI, and all right,
-title and interest in and to any such inventions, product improvements, and
-modifications will vest solely in QTI.
-
-1.6 No Technical Support.
-
-QTI is under no obligation to provide any form of technical support for the
-Materials, and if QTI, in its sole discretion, chooses to provide any form of
-support or information relating to the Materials, such support and information
-shall be deemed confidential and proprietary to QTI.
-
-2. WARRANTY DISCLAIMER.
-
-YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE MATERIALS IS AT YOUR
-SOLE RISK. THE MATERIALS AND TECHNICAL SUPPORT, IF ANY, ARE PROVIDED "AS IS"
-AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. QTI ITS LICENSORS
-AND AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
-MATERIALS OR ANY OTHER INFORMATION OR DOCUMENTATION PROVIDED UNDER THIS
-AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR
-FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY EXPRESS OR
-IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR
-COURSE OF PERFORMANCE. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE CONSTRUED
-AS (I) A WARRANTY OR REPRESENTATION BY QTI, ITS LICENSORS OR AFFILIATES AS TO
-THE VALIDITY OR SCOPE OF ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY
-RIGHT OR (II) A WARRANTY OR REPRESENTATION BY QTI THAT ANY MANUFACTURE OR USE
-WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER INTELLECTUAL
-PROPERTY RIGHTS OF OTHERS, AND IT SHALL BE THE SOLE RESPONSIBILITY OF YOU TO
-MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE ACQUISITION OF
-LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY OF THIRD PARTIES.
-
-3. NO OTHER LICENSES OR INTELLECTUAL PROPERTY RIGHTS.
-
-Neither this Agreement, nor any act by QTI or any of its affiliates pursuant to
-this Agreement or relating to the Materials (including, without limitation, the
-provision by QTI or its affiliates of the Materials), shall provide to You any
-license or any other rights whatsoever under any patents, trademarks, trade
-secrets, copyrights or any other intellectual property of QTI or any of its
-affiliates, except for the copyright rights expressly licensed under this
-Agreement. You understand and agree that: (i) Neither this Agreement, nor
-delivery of the Materials, grants any right to practice, or any other right at
-all with respect to, any patent of QTI or any of its affiliates; and (ii) A
-separate license agreement from QUALCOMM Incorporated is needed to use or
-practice any patent of QUALCOMM Incorporated. You agree not to contend in any
-context that, as a result of the provision or use of the Materials, either QTI
-or any of its affiliates has any obligation to extend, or You or any other party
-has obtained any right to, any license, whether express or implied, with respect
-to any patent of QTI or any of its affiliates for any purpose.
-
-4. TERMINATION.
-
-This Agreement shall be effective upon acceptance, or access or use of the
-Materials (whichever occurs first) by You and shall continue until
-terminated. You may terminate the Agreement at any time by deleting and
-destroying all copies of the Materials and all related information in Your
-possession or control. This Agreement terminates immediately and automatically,
-with or without notice, if You fail to comply with any provision
-hereof. Additionally, QTI may at any time terminate this Agreement, without
-cause, upon notice to You. Upon termination You must, to the extent possible,
-delete or destroy all copies of the Materials in Your possession and the license
-granted to You in this Agreement shall terminate. Sections 1.2 through 10 shall
-survive the termination of this Agreement. In the event that any restrictions,
-conditions, limitations are found to be either invalid or unenforceable, the
-rights granted to You in Section 1 (License) shall be null, void and ineffective
-from the Effective Date, and QTI shall also have the right to terminate this
-Agreement immediately, and with retroactive effect to the effective date.
-
-5. LIMITATION OF LIABILITY.
-
-IN NO EVENT SHALL QTI, QTI's AFFILIATES OR ITS LICENSORS BE LIABLE TO YOU FOR
-ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
-ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL DAMAGES, ARISING OUT OF THE
-USE OR INABILITY TO USE, OR THE DELIVERY OR FAILURE TO DELIVER, ANY OF THE
-DELIVERABLES, or any breach of any obligation under this agreement, EVEN IF QTI
-HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION
-OF LIABILITY SHALL REMAIN IN FULL FORCE AND EFFECT REGARDLESS OF WHETHER YOUR
-REMEDIES HEREUNDER ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
-THE ENTIRE LIABILITY OF QTI, QTI's AFFILIATES AND ITS LICENSORS, AND THE SOLE
-AND EXCLUSIVE REMEDY OF YOU, FOR ANY CLAIM OR CAUSE OF ACTION ARISING HEREUNDER
-(WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED US$500.
-
-6. INDEMNIFICATION.
-
-You agree to indemnify and hold harmless QTI and its officers, directors,
-employees and successors and assigns against any and all third party claims,
-demands, causes of action, losses, liabilities, damages, costs and expenses,
-incurred by QTI (including but not limited to costs of defense, investigation
-and reasonable attorney's fees) arising out of, resulting from or related to:
-(i) any breach of this Agreement by You; and (ii) your acts, omissions, products
-and services. If requested by QTI, You agree to defend QTI in connection with
-any third party claims, demands, or causes of action resulting from, arising out
-of or in connection with any of the foregoing.
-
-7. ASSIGNMENT.
-
-You shall not assign this Agreement or any right or interest under this
-Agreement, nor delegate any obligation to be performed under this Agreement,
-without QTI's prior written consent. For purposes of this Section 7, an
-"assignment" by You under this Section shall be deemed to include, without
-limitation, any merger, consolidation, sale of all or substantially all of its
-assets, or any substantial change in the management or control of You. Any
-attempted assignment in contravention of this Section 9 shall be void. QTI may
-freely assign this Agreement or delegate any or all of its rights and
-obligations hereunder to any third party.
-
-8. COMPLIANCE WITH LAWS; APPLICABLE LAW.
-
-You agree to comply with all applicable local, international and national laws
-and regulations and with U.S. Export Administration Regulations, as they apply
-to the subject matter of this Agreement. This Agreement is governed by the laws
-of the State of California, excluding California's choice of law rules.
-
-9. CONTRACTING PARTIES.
-
-If the Materials are downloaded on any computer owned by a corporation or other
-legal entity, then this Agreement is formed by and between QTI and such entity.
-The individual accepting the terms of this Agreement represents and warrants to
-QTI that they have the authority to bind such entity to the terms and conditions
-of this Agreement.
-
-10. MISCELLANEOUS PROVISIONS.
-
-This Agreement, together with all exhibits attached hereto, which are
-incorporated herein by this reference, constitutes the entire agreement between
-QTI and You and supersedes all prior negotiations, representations and
-agreements between the parties with respect to the subject matter hereof. No
-addition or modification of this Agreement shall be effective unless made in
-writing and signed by the respective representatives of QTI and You. The
-restrictions, limitations, exclusions and conditions set forth in this Agreement
-shall apply even if QTI or any of its affiliates becomes aware of or fails to
-act in a manner to address any violation or failure to comply therewith. You
-hereby acknowledge and agree that the restrictions, limitations, conditions and
-exclusions imposed in this Agreement on the rights granted in this Agreement are
-not a derogation of the benefits of such rights. You further acknowledges that,
-in the absence of such restrictions, limitations, conditions and exclusions, QTI
-would not have entered into this Agreement with You. Each party shall be
-responsible for and shall bear its own expenses in connection with this
-Agreement. If any of the provisions of this Agreement are determined to be
-invalid, illegal, or otherwise unenforceable, the remaining provisions shall
-remain in full force and effect. This Agreement is entered into solely in the
-English language, and if for any reason any other language version is prepared
-by any party, it shall be solely for convenience and the English version shall
-govern and control all aspects. If You are located in the province of Quebec,
-Canada, the following applies: The Parties hereby confirm they have requested
-this Agreement and all related documents be prepared in English.