[meta-freescale] [meta-fsl-arm][PATCH] add custom-licenses dir for freescale EULA
b40290 at freescale.com
b40290 at freescale.com
Wed Feb 4 20:03:46 PST 2015
From: Chunrong Guo <B40290 at freescale.com>
Signed-off-by: Chunrong Guo <B40290 at freescale.com>
custom-licenses/Freescale-EULA | 214 +++++++++++++++++++++++++++++++++++++++++
1 file changed, 214 insertions(+)
create mode 100644 custom-licenses/Freescale-EULA
diff --git a/custom-licenses/Freescale-EULA b/custom-licenses/Freescale-EULA
new file mode 100644
@@ -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
+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
+2. OTHER RESTRICTIONS. Subject to the license grant above, the following restrictions
+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
+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
+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.
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