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Licence for NXP binaries

Change-Id: I64a1e7318f8cb47658c6c172705484831d54820b
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commit 520b57108465b51fb87e1b4eb394513ddc36e29b 1 parent 4197904
Jean-Baptiste Queru authored

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  1. +1 1  self-extractors/nxp/COPYRIGHT
  2. +218 1 self-extractors/nxp/LICENSE
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1   -NXP LICENSE GOES HERE
  1 +THIS DEVELOPER SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT") IS A LEGALLY
  2 +BINDING AGREEMENT BETWEEN NXP Semiconductors Netherlands B.V ("LICENSOR") AND
  3 +YOU OR THE LEGAL ENTITY YOU REPRESENT ("You" or its possessive, "Your"). BY
  4 +TYPING "I ACCEPT" WHERE INDICATED YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
  5 +AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF
  6 +YOU DO NOT AGREE TO THESE TERMS YOU MUST DISCONTINUE THE INSTALLATION PROCESS
  7 +AND YOU SHALL NOT USE THE SOFTWARE OR RETAIN ANY COPIES OF THE SOFTWARE OR
  8 +DOCUMENTATION. ANY USE OR POSSESSION OF THE SOFTWARE BY YOU IS SUBJECT TO THE
  9 +TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF THE SOFTWARE IS INSTALLED
  10 +ON A COMPUTER OWNED BY A CORPORATION OR OTHER LEGAL ENTITY, THEN YOU REPRESENT
  11 +AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND
  12 +CONDITIONS OF THIS AGREEMENT.
  13 +
  14 + 1. Special Definitions
  15 +
  16 + a. The term "Android" means the open source mobile platform, software
  17 + stack, operating system, middleware, application programming
  18 + interfaces and mobile applications under the trade-name "Android"
  19 + distributed at Android.com.
  20 +
  21 + b. The term "Android Applications" means a software application or
  22 + open-source contribution developed by You, designed to operate with
  23 + Android that does not contain or incorporate any of the Software.
  24 +
  25 + c. The term "Authorized Android Enabled Device" means the device
  26 + known as the Galaxy Nexus only.
  27 + The term "Software" means the Licensor's proprietary software and
  28 + libraries in object code form, designed for use on the Authorized
  29 + Android Enabled Device.
  30 +
  31 + d. The term "Authorized Android Enabled Device Software" means a
  32 + packaged build for Authorized Android Enabled Devices, consisting of
  33 + files suitable for installation on an Authorized Android Enabled
  34 + Device using a mechanism such as fastboot mode or recovery mode.
  35 +
  36 + 2. License Grant
  37 +
  38 + a. Subject to the terms of this Agreement, Licensor hereby grants to
  39 + You, free of charge, a non-exclusive, non-sublicensable,
  40 + non-transferable, limited license, during the term of this Agreement,
  41 + to download, install and use the Software internally in
  42 + machine-readable (i.e., object code) form and the Documentation for
  43 + non-commercial use on an Authorized Android Enabled Device and
  44 + non-commercial redistribution of the Authorized Android Enabled
  45 + Device Software (the "Limited Purpose"). You may grant your end users
  46 + the right to use the Software for the Limited Purpose. The license to
  47 + the Software granted to You hereunder is solely for the Limited
  48 + Purpose set forth in this section, and the Software shall not be used
  49 + for any other purpose.
  50 +
  51 + 3. Restrictions
  52 +
  53 + a. Retention of Rights. The entire right, title and interest in the
  54 + Software shall remain with Licensor and, unless specified in writing
  55 + hereunder, no rights are granted to any of the Software. Except for
  56 + the right to use the Software for the Limited Purpose, the delivery
  57 + of the Software to You does not convey to You any intellectual
  58 + property rights in the Software, including, but not limited to any
  59 + rights under any patent, trademark, copyright, or trade secret.
  60 + Neither the delivery of the Software to You nor any terms set forth
  61 + herein shall be construed to grant to You, either expressly, by
  62 + implication or by way of estoppel, any license under any patents or
  63 + other intellectual property rights covering or relating to any other
  64 + product or invention or any combination of the Software with any
  65 + other product. Any rights not expressly granted to You herein are
  66 + reserved by Licensor.
  67 +
  68 + b. No Commercialization or Distribution of the Software and
  69 + Documentation. Except as expressly provided in Section 2 of this
  70 + Agreement, You shall have no right to (i) copy, disclose, distribute,
  71 + publically perform, publically display, transfer, alter, modify,
  72 + translate, disassemble, decompile, reverse engineer, or adapt the
  73 + Software and Documentation, or any portion thereof, or create any
  74 + derivative works based thereon; (ii) rent, lease, assign, sublicense,
  75 + resell, disclose or otherwise transfer the Software and Documentation
  76 + in whole or in part to any third party (iii) use the Software and
  77 + Documentation except for the Limited Purpose, (iv) remove or alter
  78 + any of the copyright or proprietary notices contained in any of the
  79 + Software and Documentation. For the purposes of clarity, nothing in
  80 + this Agreement prohibits You from making and distributing Android
  81 + Applications under commercial or non-commercial terms, provided that
  82 + You shall not contain, incorporate, and/or compile the Software or
  83 + any of its derivative works, in whole or in part, into Your Android
  84 + Applications and/or any software/devices created by You or by third
  85 + parties acting on Your behalf. You and any such third party shall
  86 + comply with all of the terms and conditions of this Agreement.
  87 +
  88 + c. No Reverse Engineering. Except for any portions of the Software
  89 + provided to You in source code format and except for any third party
  90 + code distributed with the Software that is licensed under contrary
  91 + terms, You will not reverse engineer, disassemble,
  92 + decompile, or translate the Software, or otherwise attempt to derive
  93 + the source code version of the Software, except if and to the extent
  94 + expressly permitted under any applicable law.
  95 +
  96 + d. Third Party Software. You agree that Android may contain third party
  97 + software. You agree that you may not distribute such third party
  98 + software for any purpose without appropriate licenses from the
  99 + applicable third party or parties.
  100 +
  101 + e. No Transfer or Assignment. You shall not assign any of its rights or
  102 + obligations under this Agreement. Any attempted assignment in
  103 + contravention of this Section shall be void.
  104 +
  105 + 4. Indemnity
  106 +
  107 + a. You agree to indemnify and hold harmless Licensor and its officers,
  108 + directors, customers, employees and successors and assigns (each an
  109 + "Indemnified Party") against any and all claims, demands, causes of
  110 + action, losses, liabilities, damages, costs and expenses, incurred by
  111 + the Indemnified Party (including but not limited to costs of defense,
  112 + investigation and reasonable attorney's fees) arising out of,
  113 + resulting from or related to (i) any software, products,
  114 + documentation, content, materials or derivative works created or
  115 + developed by You using the Software which causes an infringement of
  116 + any patent, copyright, trademark, trade secret, or other property,
  117 + publicity or privacy rights of any third parties arising in any
  118 + jurisdiction anywhere in the world, (ii) the download, distribution,
  119 + installation, storage, execution, use or transfer of such software,
  120 + products, documentation, content, materials or derivative works by
  121 + any person or entity, and/or (iii) any breach of this Agreement by
  122 + You. If requested by an Indemnified Party, You agree to defend such
  123 + Indemnified Party in connection with any third party claims, demands,
  124 + or causes of action resulting from, arising out of or in connection
  125 + with any of the foregoing.
  126 +
  127 + 5. Limitation of Liability
  128 +
  129 + a. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO
  130 + CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL
  131 + LICENSOR, ITS AFFILIATES AND/OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR
  132 + AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
  133 + CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS
  134 + OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
  135 + INFORMATION AND THE LIKE) ARISING OUT OF OR IN CONNECTION WITH THE
  136 + SOFTWARE OR ANY DOWNLOAD, INSTALLATION OR USE OF, OR INABILITY TO
  137 + USE, THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
  138 + POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
  139 + LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
  140 + DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY OR MAY BE
  141 + LIMITED. IN NO EVENT SHALL LICENSOR'S TOTAL AGGREGATE LIABILITY TO
  142 + YOU FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTIONS
  143 + (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNIFICATION OR
  144 + OTHERWISE) EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THE LIMITATIONS
  145 + SET FORTH IN THIS PARAGRAPH SHALL BE DEEMED TO APPLY TO THE MAXIMUM
  146 + EXTENT PERMITTED BY APPLICABLE LAW. THE PARTIES HAVE FULLY CONSIDERED
  147 + THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE
  148 + FOREGOING LIMITATIONS IN THIS PARAGRAPH ARE AN ESSENTIAL BASIS OF
  149 + THE BARGAIN BETWEEN THE PARTIES.
  150 +
  151 + 6. No Warranty
  152 +
  153 + a. LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
  154 + SOFTWARE AND DOCUMENTATION PROVIDED UNDER THIS AGREEMENT, INCLUDING
  155 + BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
  156 + PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY EXPRESS OR IMPLIED
  157 + WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR
  158 + COURSE OF PERFORMANCE. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE
  159 + CONSTRUED AS A WARRANTY OR REPRESENTATION BY LICENSOR (I) AS TO THE
  160 + VALIDITY OR SCOPE OF ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL
  161 + PROPERTY RIGHT AND (II) THAT ANY MANUFACTURE OR USE WILL BE FREE FROM
  162 + INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY
  163 + RIGHTS OF OTHERS, AND IT SHALL BE THE SOLE RESPONSIBILITY OF YOU TO
  164 + MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE
  165 + ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY
  166 + OF THIRD PARTIES. LICENSOR SHALL NOT HAVE ANY OBLIGATION TO PROVIDE
  167 + ANY TECHNICAL SUPPORT OF THE SOFTWARE UNDER THIS AGREEMENT.
  168 +
  169 + 7. Term and Termination
  170 +
  171 + a. This Agreement shall be effective on the date You accept this
  172 + Agreement and shall remain in effect until terminated as provided
  173 + herein. You may terminate the Agreement at any time by deleting and
  174 + destroying all copies of the Software and all related information in
  175 + Your possession or control. This Agreement terminates immediately and
  176 + automatically, with or without notice, if You fail to comply with any
  177 + provision hereof. Additionally, Licensor may at any time terminate
  178 + this Agreement, without cause, upon notice to You. Upon termination
  179 + You must delete or destroy all copies of the Software in Your
  180 + possession, and the license granted to You in this Agreement shall
  181 + terminate. Sections 3, 4, 5, 6 and 8 shall survive the termination of
  182 + this Agreement.
  183 +
  184 + 8. Miscellaneous
  185 +
  186 + a. Governing Law. This Agreement is governed and interpreted in
  187 + accordance with the laws of the State of California without giving
  188 + effect to its conflict of laws provisions. The United Nations
  189 + Convention on Contracts for the International Sale of Goods is
  190 + expressly disclaimed and shall not apply. Any claim arising out of or
  191 + related to this Agreement must be brought exclusively in a federal or
  192 + state court located in Santa Clara County, California and You consent
  193 + to the jurisdiction and venue of such courts.
  194 +
  195 + b. Waiver and Severability. The failure of either party to require
  196 + performance by the other party of any provision of this Agreement
  197 + shall not affect the full right to require such performance at any
  198 + time thereafter; nor shall the waiver by either party of a breach of
  199 + any provision of this Agreement be taken or held to be a waiver of
  200 + the provision itself. Severability. If any provision of this
  201 + Agreement is unenforceable or invalid under any applicable law or is
  202 + so held by applicable court decision, such unenforceability or
  203 + invalidity shall not render this Agreement unenforceable or invalid
  204 + as a whole, and such provision shall be changed and interpreted so as
  205 + to best accomplish the objectives of such unenforceable or invalid
  206 + provision within the limits of applicable law or applicable court
  207 + decisions.
  208 +
  209 + c. Amendment and Modification. This Agreement and any of its terms and
  210 + provisions may only be amended, modified, supplemented or waived in a
  211 + writing signed by both parties hereto.
  212 +
  213 + d. Compliance with Laws. You shall comply with all applicable laws,
  214 + rules, and regulations in connection with its activities under this
  215 + Agreement.
  216 +
  217 + e. Entire Agreement. This Agreement completely and exclusively states
  218 + the agreement between You and Licensor regarding this subject matter.

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