From bd15d1f73efb2c2cab7b04fa024fa747bcabd6f8 Mon Sep 17 00:00:00 2001 From: Steev Klimaszewski Date: Sun, 28 Mar 2010 23:47:53 -0500 Subject: [PATCH] freescale: Add the Freescale license to the overlay. 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. --- licenses/freescale | 322 +++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 322 insertions(+) create mode 100644 licenses/freescale diff --git a/licenses/freescale b/licenses/freescale new file mode 100644 index 0000000..538036d --- /dev/null +++ b/licenses/freescale @@ -0,0 +1,322 @@ + + ================================================== + 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. +