END USER LICENCE AGREEMENT FOR THE MALI ASTC SPECIFICATION AND SOFTWARE CODEC
THIS END USER LICENCE AGREEMENT ("LICENCE") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND ARM LIMITED ("ARM") FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS LICENCE. ARM IS ONLY WILLING TO LICENSE THE SOFTWARE TO YOU ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY CLICKING "I AGREE" OR BY INSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS LICENCE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE.
"Authorised Purpose" means the use of the Software solely to develop products and tools which implement the Khronos ASTC specification to;
- (i) compress texture images into ASTC format ("Compression Results");
- (ii) distribute such Compression Results to third parties; and
- (iii) decompress texture images stored in ASTC format.
"Software" means the source code and Software binaries accompanying this Licence, and any printed, electronic or online documentation supplied with it, in all cases relating to the MALI ASTC SPECIFICATION AND SOFTWARE CODEC.
2. LICENCE GRANT
ARM hereby grants to you, subject to the terms and conditions of this Licence, a nonexclusive, nontransferable, free of charge, royalty free, worldwide licence to use, copy, modify and (subject to Clause 3 below) distribute the Software solely for the Authorised Purpose.
No right is granted to use the Software to develop hardware.
Notwithstanding the foregoing, nothing in this Licence prevents you from using the Software to develop products that conform to an application programming interface specification issued by The Khronos Group Inc. ("Khronos"), provided that you have licences to develop such products under the relevant Khronos agreements.
3. RESTRICTIONS ON USE OF THE SOFTWARE
RESTRICTIONS ON TRANSFER OF LICENSED RIGHTS: The rights granted to you under this Licence may not be assigned by you to any third party without the prior written consent of ARM.
TITLE AND RESERVATION OF RIGHTS: You acquire no rights to the Software other than as expressly provided by this Licence. The Software is licensed not sold. ARM does not transfer title to the Software to you. In no event shall the licences granted in Clause 2 be construed as granting you expressly or by implication, estoppel or otherwise, licences to any ARM technology other than the Software.
NOTICES: You shall not remove from the Software any copyright notice or other notice (whether ARM's or its licensor's), and you shall ensure that any such notice is reproduced in any copies of the whole or any part of the Software made by you. You shall not use ARM's or its licensor's name, logo or trademarks to market Compression Results. If you distribute the Software to a third party, you agree to include a copy of this Licence with such distribution.
4. NO SUPPORT
ARM has no obligation to support or to continue providing or updating any of the Software.
5. NO WARRANTIES
YOU AGREE THAT THE SOFTWARE IS LICENSED "AS IS", AND THAT ARM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS, IMPLIED OR STATUTORY, TO THE FULLEST EXTENT PERMITTED BY LAW. YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF ANY APPLICATION PROGRAMS YOU CREATE WITH THE SOFTWARE, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, EVEN IF ARM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARM does not seek to limit or exclude liability for death or personal injury arising from ARM's negligence and because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages the above limitation relating to liability for consequential damages may not apply to you.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE, THE MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE AND US$5.00.
7. U.S. GOVERNMENT END USERS
US Government Restrictions: Use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation is restricted in accordance with the terms of this Licence.
8. TERM AND TERMINATION
This Licence shall remain in force until terminated by you or by ARM. Without prejudice to any of its other rights if you are in breach of any of the terms and conditions of this Licence then ARM may terminate this Licence immediately upon giving written notice to you. You may terminate this Licence at any time.
Upon termination of this Licence by you or by ARM you shall stop using the Software and destroy all copies of the Software in your possession together with all documentation and related materials. The provisions of Clauses 1, 3, 4, 5, 6, 7, 8 and 9 shall survive termination of this Licence.
This Licence is governed by English Law. Except where ARM agrees otherwise in a written contract signed by you and ARM, this is the only agreement between you and ARM relating to the Software and it may only be modified by written agreement between you and ARM. Except as expressly agreed in writing, this Licence may not be modified by purchase orders, advertising or other representation by any person. If any clause in this Licence is held by a court of law to be illegal or unenforceable the remaining provisions of this Licence shall not be affected thereby. The failure by ARM to enforce any of the provisions of this Licence, unless waived in writing, shall not constitute a waiver of ARM's rights to enforce such provision or any other provision of this Licence in the future.
You agree to comply fully with all laws and regulations of the United States and other countries ("Export Laws") to assure that the Software is not; (1) exported, directly or indirectly, in violation of Export Laws, either to any countries that are subject to U.S.A. export restrictions or to any end user who has been prohibited from participating in the U.S.A. export transactions by any federal agency of the U.S.A. government; or (2) intended to be used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.