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freescale: Add the Freescale license to the overlay.

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A lot of the tarballs required here use the Freescale license.  Adding a
copy of it so we can start correcting the license in ebuilds.
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Steev Klimaszewski
2010-03-28 23:47:53 -05:00
parent 78555b37f9
commit bd15d1f73e
1 changed files with 322 additions and 0 deletions
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==================================================
FREESCALE SEMICONDUCTOR SOFTWARE LICENSE AGREEMENT
==================================================
IMPORTANT. Read the following Freescale Semiconductor 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 this Agreement. You may then
download the file.
This is a legal agreement between you, as an authorized representative of your employer
(together "you"), and Freescale Semiconductor, Inc. ("Freescale") and its Affiliates. It
concerns your rights to use this software and any accompanying written documentation (the
"Licensed Software"). In consideration for Freescale allowing you to access the Licensed
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 the Licensed Software. If at any point
you no longer agree to all the terms of this Agreement, stop using the Licensed Software
immediately and delete all copies of the Licensed Software in your possession or control.
Any copies of the Licensed Software that you have already distributed, where permitted, and
that have not been destroyed, will continue to be governed by this Agreement. Your prior use
of the Licensed Software will also continue to be governed by this Agreement.
Section 1. Definitions
1.1 "Affiliate" means, in relations to any party, any corporation, or entity directly or
indirectly controlled by, controlling, or under common control with Freescale.
1.2 "Authorized Employees" means your employees or contractors working at your
premises on your behalf under a work for hire agreement
1.3 "Authorized System" means the hardware system(s) or software program(s) marketed
by you which contains an i.MX processor and for which the Licensed Software will be
adapted by Licensor pursuant to this Agreement and with which the Licensed Software will
be integrated.
1.4 "Essential Patent" means a patent to the limited extent that infringement of such
patent cannot be avoided in remaining compliant with the technology standards implicated by
the usage of any of the Licensed Software, including optional implementation of such
standards, on technical but not commercial grounds, taking into account normal technical
practice and the state of the art generally available at the time of standardization.
1.5 "Intellectual Property Rights" means any and all rights under statute, common law or
equity in and under copyrights, trade secrets, and patents (including utility models), and
analogous rights throughout the world, including any applications for and the right to apply
for, any of the foregoing.
1.6 "Licensed Software" means the software and the associated documentation.
1.7 "Agreement" means this document.
Section 2. Licenses
2.1 Freescale grants you a world-wide, personal, non-transferable, non-exclusive, license,
under Freescale's Intellectual Property Rights to use, only as part of, or integrated within,
Authorized Systems and not on a stand alone basis, the Licensed Software for evaluation and
demonstration only.
2.2 You may use subcontractors on your premises to exercise your rights under Section 2.1 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.
2.3 You are solely responsible for obtaining any necessary third party approvals and any
licenses for any necessary Essential Patents for their use in connection with technology that
you incorporate into the your Authorized System (whether as part of the Licensed Software or
not).
2.4 The Licensed Software is licensed to you, not sold. Title to Licensed Software
delivered hereunder remains vested in Freescale or Freescale'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 rights under any Freescale or third party
intellectual property.
2.5 You may not translate, reverse engineer, decompile, or disassemble the Licensed
Software except to the extent applicable law specifically prohibits such restriction. You must
prohibit your sub-licensees from translating, reverse engineering, decompiling, or
disassembling the Licensed Software except to the extent applicable law specifically
prohibits such restriction.
2.6 You must reproduce any and all of Freescale's (or its third party licensor's) copyright
notices and other proprietary legends on copies of Licensed Software.
2.7 If you distribute the Licensed Software to the United States Government, then the
Licensed Software is "restricted computer software" and is subject to FAR 52.227-19 (c)(1)
and (c)(2).
2.8 You grant to Freescale a non-exclusive, non-transferable, irrevocable, perpetual,
worldwide, royalty-free, sub-licensable license under your Intellectual Property Rights to use
without restriction and for any purpose any suggestion, comment or other feedback related to
the Licensed Software (including, but not limited to, error corrections and bug fixes).
2.9 You will not take or fail to take any action that could subject the Licensed Software to
an Excluded License. An Excluded License means any license that requires as a condition of
use, modification and/or distribution of software subject to the Excluded License, that such
software or other software combined and/or distributed with such software be (A) disclosed
or distributed in source code form; (B) licensed for the purpose of making derivative works;
or (C) redistributable at no charge.
2.10 The Licensed Software includes software owned by the Microsoft Corporation
("Microsoft") and is subject to the terms of your license with Microsoft (the "Microsoft
Underlying Software"). Microsoft does not provide support services for the components
provide to you through this Agreement. If you have any questions or require technical
assistance, please contact Freescale. Microsoft Corporation is a third party beneficiary to this
Agreement with the right to enforce the terms of this Agreement. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, MICROSOFT AND ITS AFFILIATES DISCLAIM ANY
WARRANTIES FOR THE MICROSOFT UNDERLYING SOFTWARE. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MICROSOFT NOR ITS
AFFILIATES WILL BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE,
FOR ANY DIRECT, 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, ARISING FROM THE FROM THE USE OF THE
MICROSOFT UNDERLYING SOFTWARE.
Section 3. Intellectual Property Rights
3.1 Subject to Freescale's ownership interest in the underlying Licensed Software, all
intellectual property rights associated with, and title to, your Authorized System will be
retained by or will vest in you.
3.2 Your modifications to the Licensed Software, and all intellectual property rights
associated with, and title thereto, will be the property of Freescale. You agree to assign all,
and hereby do assign all rights, title, and interest to any such modifications to the Licensed
Software to Freescale and agree to provide all assistance reasonably requested by Freescale to
establish, preserve or enforce such right. Further, you agree to waive all moral rights relating
to your modifications to the Licensed Software, including, without limitation, any and all
rights of identification of authorship and any and all rights of approval, restriction, or
limitation on use or subsequent modification. Notwithstanding the foregoing, you will have
the license rights granted in Section 2 hereto to any such modifications made by you or your
licensor's.
Section 4. Patent Covenant not to Sue
4.1 As partial, material consideration for the rights granted to you under this Agreement,
you covenant not to sue or otherwise assert your Patents against Freescale, a Freescale
Affiliate or subsidiary, or a Freescale licensee of the Licensed Software for infringement of
your Intellectual Property Rights by the manufacture, use, sale, offer for sale, importation or
other disposition or promotion of the Licensed Software and/or any redistributed portions
thereof.
Section 5. Term and Termination
5.1 This Agreement will remain in effect for six months from the date of your acceptance
of this Agreement.
5.2 You may terminate this Agreement immediately upon written notice to Freescale at
the address provided below.
5.3 Either party may terminate this Agreement if the other party is in default of any of the
terms and conditions of this Agreement, and termination is effective if the defaulting party
fails to correct such default within 30 days after written notice thereof by the non-defaulting
party to the defaulting party at the address below.
5.4 Notwithstanding the foregoing, Freescale may terminate this Agreement immediately
upon written notice if you:
(a) breach any of your confidentiality obligations or the license restrictions under
this Agreement;
(b) become bankrupt or insolvent, or file a petition therefore;
(c) make an assignment for the benefit of its creditors;
(d) enter proceedings for winding up or dissolution;
(e) are dissolved; or
(f) are nationalized or is subject to the expropriation of all or substantially all of
its business or assets.
5.5 Upon termination of this Agreement, all licenses granted under Section 2 will expire.
5.6 After termination of this Agreement by either party and upon Freescale's written
request, you will, at your discretion, return to the Freescale any confidential information
including any and all copies thereof or furnish to Freescale at the address below, a statement
certifying, with respect to the Licensed Software delivered hereunder that the original and all
copies, except for archival copies to be used solely for dispute resolution purposes, in whole
or in part, in any form, of the Licensed Software have been destroyed.
5.7 Notwithstanding the termination of this Agreement for any reason, the terms of
Sections 1, 2.2 - 2.10, 3, 4, 5.6, 5.7, 7 and 8 will survive.
Section 6. Warranty
THE LICENSED SOFTWARE IS PROVIDED "AS-IS" AND FREESCALE MAKES NO
REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED SOFTWARE OR
ANY INFORMATION RELATING THERETO OR CONTAINED THEREIN WILL NOT
INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK OF ANY
THIRD PERSON.
Section 7. Indemnification
7.1 You will defend, indemnify and hold harmless Freescale from any and all damages
claims, liabilities, and costs (including reasonable attorney's fees) related to your (including
contractor's and licensee's) use of the Licensed Software and/or (2) your (including
contractor's and licensee's) violation of the terms and conditions of this Agreement. You are
excused from this obligation to the extent any such claim arises solely from the Licensed
Software as provided by Freescale.
Section 8. General Provisions
8.1 Amendments and Waivers. No amendment of any provision of this Agreement
will be valid unless stated in writing and signed by authorized representatives of each of the
parties. No waiver by any party of any default, misrepresentation or covenant herein, whether
intentional or not, will be deemed to extend any prior or subsequent default,
misrepresentation, or covenant hereunder or affect in any way any rights arising by virtue of
any prior or subsequent occurrence.
8.2 Choice of Law. This Agreement will be governed by, construed, and enforced
in accordance with the laws of the State of Texas.
8.3 Confidential Information. You will treat the Licensed Software as confidential
information and you agree to retain the Licensed Software in confidence perpetually for with
respect to Licensed 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
Licensed Software. During this period you may not disclose the any part of the Licensed
Software to others than employees or contractors who have a need to know of the Licensed
Software and who have executed written agreements obligating them to protect such
Licensed Software. You agree to use the same degree of care, but no less than a reasonable
degree of care, with the Licensed Software as you do with your own confidential information.
You may disclose Licensed 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, that
you only disclose information required, and that the you allow Freescale the opportunity to
object to such court or other legal body requiring such disclosure.
8.4 Counterparts. This Agreement may be executed in one or more original counterparts,
all of which together will constitute one agreement, and facsimile signatures will have the
same effect as original signatures.
8.5 Entire Agreement. This Agreement, including its attachments, constitutes the
entire agreement between the parties regarding the subject matter hereof, and supersedes all
prior communications, negotiations, understandings, agreements or representations, either
written or oral, by or among the parties regarding such subject matter.
8.6 Limitation of Liability. EXCLUDING LIABILITY FOR A BREACH OF
SECTION 8.3 (CONFIDENTIALITY), BREACHES OF THE LICENSE GRANTS IN
SECTION 2, OR CLAIMS UNDER SECTION 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.
FREESCALE'S TOTAL LIABILITY FOR ANY AND 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 FREESCALE IN
CONNECTION WITH THE LICENSED SOFTWARE TO WHICH LOSSES OR
DAMAGES ARE CLAIMED.
8.7 Notices. All notices and communications under this Agreement will be made in
writing, and will be effective when received at the following addresses:
　　　Freescale: Freescale Semiconductor, Inc.
　　　 6501 William Cannon Drive, West
　　　 Austin, Texas 78735
　　　 ATTN: General Manager, Multimedia Applications Division
　　　
　　　With a copy to: Freescale Semiconductor, Inc.
　　　 7700 West Parmer Lane PLO2
　　　 Austin, Texas 78729
　　　 ATTN: Law Director, Multimedia Applications Division
　　　
　　　You: The address provided at registration will be used.
　　　
Either party may change its notice information upon notice to the other party.
8.8 Relationship of the Parties. The parties are independent contractors. Nothing in this
Agreement will be construed to create any partnership, joint venture, or similar relationship.
Neither party is authorized to bind the other to any obligations with third parties.
8.9 Severability. If any provision of this Agreement is held for any reason to be invalid or
unenforceable 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 a party 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 parties' intention underlying the invalid or
unenforceable provision.
8.10 Succession and Assignment. This Agreement will be binding upon and inure to the
benefit of the parties and their permitted successors and assigns. Neither party may assign
this Agreement, or any part of this Agreement, without the prior written approval of the other
party, which approval will not be unreasonably withheld or delayed.
8.11 Unauthorized Use. The Licensed Software is not intended or authorized for use in
anti-personnel landmines, and you agree that it will not be used for this purpose. Upon
request from Freescale, you will furnish a written certification that you do not use or permit
the use of the Licensed Software in anti-personnel landmines. The Licensed Software is not
intended or authorized for use in products surgically implanted into the body, for life support
or for other products in which a product failure could cause personal injury or death. If you
permit the uses of Licensed Software for these unintended or unauthorized uses, you will
fully indemnify, defend, and hold harmless Freescale, its Affiliates, subsidiaries, officers and
directors, employees, and distributors from all liability related to such use, including
attorneys' fees and costs.
8.12 Export. If, at the time or times of Freescale's performance hereunder, an export
license is required for Freescale to lawfully export Licensed Software, then the issuance of
the appropriate licenses to Freescale or its subcontractor shall constitute a condition
precedent to Freescale's obligations hereunder. You understands and agrees that you will not
by any means or method, export, re-export, resell, ship or divert or cause to be exported, re-
exported, resold, shipped, or diverted, directly or indirectly, the Licensed Software, or any
Freescale product or technology except as permitted by and in accordance with the laws and
regulations of the United States and, if different than the United States, the country from
which the export or re-export originates.
8.13 International Sale of Goods. The United Nations Convention on Contracts for the
International Sale of Goods will not apply to this document.
8.14 Audit. You will maintain accurate and up-to-date records pertaining to this
Agreement and will grant Freescale or its authorized agent access to and copies of such
records and information as requested by Freescale that pertain to your obligations under this
Agreement. Such access will be granted upon reasonable advance written notice, and be
conducted during normal business hours with minimal impact to your business operations,
and subject to confidentiality restrictions. You will maintain such records for a period of at
least three (3) years from the date of termination of this Agreement. You must make prompt
adjustment to compensate for any errors and/or omissions disclosed by such examination or
audit.