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207 lines
12 KiB
Plaintext
207 lines
12 KiB
Plaintext
Texas Instruments Incorporated
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Technology and Software Publicly Available
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Software License Agreement
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Important - Please read the following license agreement carefully. This is
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a legally binding agreement. Do not click "i have read and agree" or use
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(as applicable) the Licensed Materials unless: (1) you are authorized to
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accept and agree to the terms of this license agreement on behalf of
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yourself or your company (as applicable) and (2) you intend to be bound by
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the terms of this license agreement on behalf of yourself or your company
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(as applicable).
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This Software License Agreement ("Agreement") is a legal agreement between
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you (either an individual or entity) and Texas Instruments Incorporated
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("TI"), 12500 TI Boulevard, Dallas, Texas 75243. The "Licensed Materials"
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subject to this Agreement include the software programs (in whole or in
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part), that accompany this Agreement and set forth in the applicable
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software manifest and which you access "on-line" and/or electronic
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documentation (in whole or in part) associated and provided with these
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software programs. By installing, copying or otherwise using the Licensed
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Materials you agree to abide by the terms of this Agreement. If you choose
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not to accept or agree with these terms, do not download or install the
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Licensed Materials.
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Note Regarding Possible Access to Open Source Software: The Licensed
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Materials may be bundled with Open Source Software. "Open Source Software"
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means any software licensed under terms requiring that (A) other software
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("Proprietary Software") incorporated, combined or distributed with such
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software or developed using such software: (i) be disclosed or distributed
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in source code form; or (ii) otherwise be licensed on terms inconsistent
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with the terms of this Agreement, including but not limited to permitting
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use of the Proprietary Software on or with devices other than TI Devices, or
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(B) require the owner of Proprietary Software to license any of its patents
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to users of the Open Source Software and/or Proprietary Software
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incorporated, combined or distributed with such Open Source Software or
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developed using such Open Source Software.
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You may gain access to Open Source Software, in which case such Open Source
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Software will be listed in the applicable software manifest (in whole or in
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part, the "Open Source Materials"). Your use of the Open Source Materials
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is subject to the separate licensing terms applicable to such Open Source
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Materials as specified in the applicable software manifest. For
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clarification, this Agreement does not limit your rights under, or grant you
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rights that supersede, the license terms of any applicable Open Source
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Materials license agreement. If any of the Open Source Materials have been
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provided to you in object code only, TI will provide to you or show you
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where can access the source code versions of such Open Source Materials if
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you contact TI at Texas Instruments Incorporated, 12500 TI Boulevard, Mail
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Station 8638, Dallas, Texas 75243, Attention: Contracts Manager. You may
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terminate this Agreement in the event you choose not to accept or agree with
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the terms in any applicable Open Source Materials license agreement,
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provided that such termination occurs within five (5) calendar days of
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acceptance of this Agreement and you abide by all applicable license terms
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in this Agreement until such termination.
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1. License.
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a. Source Code License. For the Licensed Materials provided in source code
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format, TI hereby grants to you a limited, non-exclusive license to
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reproduce, use, and create modified or derivative works of the Licensed
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Materials provided to you in source code format and to distribute an
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unlimited number of copies of such source code Licensed Materials, or any
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derivatives thereof, in any format.
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b. Object Code License. For the Licensed Materials provided in object code
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format, TI hereby grants to you a limited, non-exclusive license to
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reproduce and use the Licensed Materials provided to you in object code
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format and to distribute an unlimited number of object or executable copies
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of such object code Licensed Materials.
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2. Termination. This Agreement is effective until terminated. Without
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prejudice to any other rights, TI may terminate your right to use the
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Licensed Materials under this Agreement if you fail to comply with the terms
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of this Agreement. In such event, you shall destroy all copies of the
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Licensed Materials, including all portions and derivatives thereof.
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3. Intellectual Property Rights.
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a. The Licensed Materials being provided to you hereunder are being made
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publicly available by TI, even though they contain copyrighted material of
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TI and its licensors, if applicable. In no event may you alter, remove or
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destroy any copyright notice included in the Licensed Materials. To the
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extent that any of the Licensed Materials are provided in binary or object
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code only, you may not unlock, decompile, reverse engineer, disassemble or
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otherwise translate such binary or object code to human-perceivable form.
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The source code of such reverse engineered code may contain TI trade secret
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and other proprietary information. TI reserves all rights not specifically
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granted under this Agreement.
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b. Certain Licensed Materials may (i) require patent licenses from third
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parties claiming patent rights covering implementation of the Licensed
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Materials or (ii) be based on industry recognized standards or software
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programs published by industry recognized standards bodies and certain third
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parties may claim to own patents or copyrights that cover implementation of
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those standards. You acknowledge and agree that this Agreement does not
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convey a license to any such third party patents and copyrights.
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c. YOU ACKNOWLEDGE AND AGREE THAT TI SHALL NOT BE LIABLE FOR AND SHALL NOT
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DEFEND OR INDEMNIFY YOU AGAINST ANY THIRD PARTY INFRINGEMENT CLAIM THAT
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RELATES TO OR IS BASED ON YOUR MANUFACTURE, USE, OR DISTRIBUTION OF THE
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LICENSED MATERIALS OR YOUR MANUFACTURE, USE, OFFER FOR SALE, SALE,
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IMPORTATION OR DISTRIBUTION OF YOUR PRODUCTS THAT INCLUDE OR INCORPORATE THE
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LICENSED MATERIALS.
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d. You acknowledge and agree that you are responsible for any fees or
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royalties that may be payable to any third party based on such third party's
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interests in the Licensed Materials described in Section 3(b) above (the
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"Third Party Payment Obligations"). You agree to indemnify TI against any
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Third Party Payment Obligations and will defend any claim, suit or
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proceeding brought against TI insofar as such claim, suit or proceeding is
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based on your failure to pay any Third Party Payment Obligations.
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4. Warranties and Limitations. THE LICENSED MATERIALS ARE PROVIDED "AS IS".
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TI AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED OR
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STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR
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A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF
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RESPONSES, RESULTS AND LACK OF NEGLIGENCE. TI DISCLAIMS ANY WARRANTY OF
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TITLE, QUIET ENJOYMENT, QUIET POSESSION, AND NON-INFRINGEMENT OF ANY THIRD
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PARTY INTELLECTUAL PROPERTY RIGHTS WITH REGARD TO THE LICENSED MATERIALS OR
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USE OF THOSE MATERIALS.
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YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS MAY NOT BE INTENDED
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FOR PRODUCTION APPLICATIONS AND MAY CONTAIN IRREGULARITIES AND DEFECTS NOT
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FOUND IN PRODUCTION SOFTWARE. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT
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THE LICENSED MATERIALS HAVE NOT BEEN TESTED OR CERTIFIED BY ANY GOVERNMENT
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AGENCY OR INDUSTRY REGULATORY ORGANIZATION OR ANY OTHER THIRD PARTY
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ORGANIZATION. YOU AGREE THAT PRIOR TO USING, INCORPORATING OR DISTRIBUTING
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THE LICENSED MATERIALS IN OR WITH ANY COMMERCIAL PRODUCT THAT YOU WILL
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THOROUGHLY TEST THE PRODUCT AND THE FUNCTIONALITY OF THE LICENSED MATERIALS
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IN OR WITH THAT PRODUCT AND BE SOLELY RESPONSIBLE FOR ANY PROBLEMS OR
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FAILURES.
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IN NO EVENT SHALL TI OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT,
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INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED ON ANY THEORY
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OF LIABILITY, ARISING IN ANY WAY OUT OF THIS AGREEMENT, OR YOUR USE OF THE
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LICENSED MATERIALS, WHETHER OR NOT TI HAS BEEN ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGES. EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COST OF
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REMOVAL OR REINSTALLATION, OUTSIDE COMPUTER TIME, LABOR COSTS, LOSS OR
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CORRUPTION OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, OR
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LOSS OF USE OR INTERRUPTION OF BUSINESS OR ANY OTHER ECONOMIC LOSS. IN NO
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EVENT WILL TI'S AGGREGATE LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF
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YOUR USE OF THE LICENSED MATERIALS EXCEED FIVE HUNDRED U.S. DOLLARS
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(US$500).
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Because some jurisdictions do not allow the exclusion or limitation of
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incidental or consequential damages or limitation on how long an implied
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warranty lasts, the above limitations or exclusions may not apply to you.
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5. Export Control. The Licensed Materials may be subject to the export or
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import regulations of certain countries. You agree to comply with all such
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regulations and acknowledge that you have the responsibility to obtain any
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licenses or other authorizations that may be required to export, re-export
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or import the Licensed Materials.
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6. Governing Law, Jurisdiction and Severability. This Agreement will be
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governed by and interpreted in accordance with the laws of the State of
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Texas, without reference to conflict of laws principles. If for any reason
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a court of competent jurisdiction finds any provision of the Agreement to be
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unenforceable, that provision will be enforced to the maximum extent
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possible to effectuate the intent of the parties and the remainder of the
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Agreement shall continue in full force and effect. This Agreement shall not
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be governed by the United Nations Convention on Contracts for the
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International Sale of Goods, or by the Uniform Computer Information
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Transactions Act (UCITA). The parties agree that non-exclusive jurisdiction
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for any dispute arising out of or relating to this Agreement lies within the
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courts located in the State of Texas. Notwithstanding the foregoing, any
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judgment may be enforced in any United States or foreign court, and either
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party may seek injunctive relief in any United States or foreign court.
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Failure by TI to enforce any provision of this Agreement shall not be deemed
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a waiver of future enforcement of that or any other provision in this
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Agreement or any other agreement that may be in place between the parties.
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7. PRC Provisions. If you are located in the People's Republic of China
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("PRC") or if the Licensed Materials will be sent to the PRC, the following
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provisions shall apply:
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a. Registration Requirements. You shall be solely responsible for
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performing all acts and obtaining all approvals that may be required in
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connection with this Agreement by the government of the PRC, including but
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not limited to registering pursuant to, and otherwise complying with, the
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PRC Measures on the Administration of Software Products, Management
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Regulations on Technology Import-Export, and Technology Import and Export
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Contract Registration Management Rules. Upon receipt of such approvals from
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the government authorities, you shall forward evidence of all such approvals
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to TI for its records. In the event that you fail to obtain any such
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approval or registration, you shall be solely responsible for any and all
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losses, damages or costs resulting therefrom, and shall indemnify TI for all
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such losses, damages or costs.
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b. Governing Language. This Agreement is written and executed in the
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English language. If a translation of this Agreement is required for any
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purpose, including but not limited to registration of the Agreement pursuant
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to any governmental laws, regulations or rules, you shall be solely
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responsible for creating such translation. Any translation of this
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Agreement into a language other than English is intended solely in order to
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comply with such laws or for reference purposes, and the English language
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version shall be authoritative and controlling.
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8. Entire Agreement. This is the entire agreement between you and TI and
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supersedes any prior agreement between the parties related to the subject
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matter of this Agreement. No amendment or modification of this Agreement
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will be effective unless in writing and signed by a duly authorized
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representative of TI. You hereby warrant and represent that you have
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obtained all authorizations and other applicable consents required
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empowering you to enter into this Agreement.
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