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Texas Instruments Incorporated
Technology and Software Publicly
Available Software License Agreement
Copyright 2010, Texas Instruments Incorporated
Important: Please read the following license agreement carefully.
This is a legally binding agreement. Do not use or redistribute the
Licensed Materials unless: (1) you are authorized to accept and agree
to the terms of this software license agreement and (2) you intend to
enter into and to be bound by the terms of this agreement.
This Software License Agreement ("License") is a legal agreement
between you (either an individual or entity) and Texas Instruments
Incorporated ("TI"), 12500 TI Boulevard, Dallas, Texas 75243. The
"Licensed Materials" subject to this License include, in whole or in
part, the software programs that accompany this License. By
installing, copying or otherwise using the Licensed Materials you
agree to abide by the terms of this License. If you choose not to
accept or agree with these terms, you must immediately cease any use,
copying or redistribution and destroy the Licensed Materials.
NOTE: The Licensed Materials may be bundled with open source software
and separate license terms may apply. For clarification, this License
does not license, limit your rights under, nor does it grant you
rights that supersede, the license terms of any applicable open source
license agreement.
1. Object Code License. TI hereby grants to you a limited,
non-exclusive license to reproduce and use the Licensed Materials
provided to you in object code format and to distribute an unlimited
number of object or executable copies of such Licensed Materials
provided that Licensed Materials are used solely and exclusively on
devices manufactured by or for TI. Redistributions must reproduce the
copyright notices and all the terms of this License in the
documentation and/or other materials provided with the Licensed
Materials. Licensed Materials may not be distributed under terms
different than this License.
2. Termination. This license is effective until terminated. Without
prejudice to any other rights, TI may terminate your right to use the
Licensed Materials under this License if you fail to comply with the
terms of this License. In such event, you shall destroy all copies of
the Licensed Materials, including all portions and derivatives
thereof.
3. Intellectual Property Rights.
a. The Licensed Materials being provided to you hereunder are being
made publicly available by TI, even though they contain copyrighted
material of TI and its licensors, if applicable. In no event may you
alter, remove or destroy any copyright notice included in the Licensed
Materials. To the extent that any of the Licensed Materials are
provided in binary or object code only, you may not unlock, decompile,
reverse engineer, disassemble or otherwise translate such binary or
object code to human-perceivable form. The source code of such reverse
engineered code may contain TI trade secret and other proprietary
information. Further, nothing shall obligate TI to provide you with
source code for the Licensed Materials licensed to you in binary or
object code only under this License. TI reserves all rights not
specifically granted under this License.
b. Certain Licensed Materials may (i) require patent licenses from
third parties claiming patent rights covering implementation of the
Licensed Materials or (ii) be based on industry recognized standards
or software programs published by industry recognized standards bodies
and certain third parties may claim to own patents or copyrights that
cover implementation of those standards. You acknowledge and agree
that this License does not convey a license to any such third party
patents and copyrights.
c. YOU ACKNOWLEDGE AND AGREE THAT TI SHALL NOT BE LIABLE FOR AND SHALL
NOT DEFEND OR INDEMNIFY YOU AGAINST ANY THIRD PARTY INFRINGEMENT CLAIM
THAT RELATES TO OR IS BASED ON YOUR MANUFACTURE, USE, OR DISTRIBUTION
OF THE LICENSED MATERIALS OR YOUR MANUFACTURE, USE, OFFER FOR SALE,
SALE, IMPORTATION OR DISTRIBUTION OF YOUR PRODUCTS THAT INCLUDE OR
INCORPORATE THE LICENSED MATERIALS.
d. You acknowledge and agree that you are responsible for any fees or
royalties that may be payable to any third party based on such third
party's interests in the Licensed Materials described in Section 3(b)
above (the "Third Party Payment Obligations"). You agree to indemnify
TI against any Third Party Payment Obligations and will defend any
claim, suit or proceeding brought against TI insofar as such claim,
suit or proceeding is based on your failure to pay any Third Party
Payment Obligations.
4. Warranties and Limitations. THE LICENSED MATERIALS ARE PROVIDED
"AS IS". TI AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES,
ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE.
TI DISCLAIMS ANY WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSESSION,
AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
WITH REGARD TO THE LICENSED MATERIALS OR USE OF THOSE MATERIALS.
YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS MAY NOT BE
INTENDED FOR PRODUCTION APPLICATIONS AND MAY CONTAIN IRREGULARITIES
AND DEFECTS NOT FOUND IN PRODUCTION SOFTWARE. FURTHERMORE, YOU
ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS HAVE NOT BEEN TESTED
OR CERTIFIED BY ANY GOVERNMENT AGENCY OR INDUSTRY REGULATORY
ORGANIZATION OR ANY OTHER THIRD PARTY ORGANIZATION. YOU AGREE THAT
PRIOR TO USING, INCORPORATING OR DISTRIBUTING THE LICENSED MATERIALS
IN OR WITH ANY COMMERCIAL PRODUCT THAT YOU WILL THOROUGHLY TEST THE
PRODUCT AND THE FUNCTIONALITY OF THE LICENSED MATERIALS IN OR WITH
THAT PRODUCT AND BE SOLELY RESPONSIBLE FOR ANY PROBLEMS OR FAILURES.
IN NO EVENT SHALL TI OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER
CAUSED ON ANY THEORY OF LIABILITY, ARISING IN ANY WAY OUT OF THIS
LICENSE, OR YOUR USE OF THE LICENSED MATERIALS, WHETHER OR NOT TI HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDED DAMAGES
INCLUDE, BUT ARE NOT LIMITED TO, COST OF REMOVAL OR REINSTALLATION,
OUTSIDE COMPUTER TIME, LABOR COSTS, LOSS OR CORRUPTION OF DATA, LOSS
OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, OR LOSS OF USE OR
INTERRUPTION OF BUSINESS OR ANY OTHER ECONOMIC LOSS. IN NO EVENT WILL
TI'S AGGREGATE LIABILITY UNDER THIS LICENSE OR ARISING OUT OF YOUR USE
OF THE LICENSED MATERIALS EXCEED FIVE HUNDRED U.S. DOLLARS (US$500).
Because some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages or limitation on how long an
implied warranty lasts, the above limitations or exclusions may not
apply to you.
5. Export Control. The software programs and any on-line
documentation as well as any updates or upgrades to such software
programs or documentation may be subject to the export or import
regulations of certain countries. You agree to comply with all such
regulations and acknowledge that you have the responsibility to obtain
any licenses or other authorizations that may be required to export,
re-export or import the Licensed Materials.
6. Governing Law, Jurisdiction and Severability. This License will be
governed by and interpreted in accordance with the laws of the State
of Texas, without reference to that state's conflict of laws
principles. This License shall not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, nor shall
it be governed by the Uniform Computer Information Transactions Act
(UCITA). Any dispute arising out of or related to this License will
be brought in, and each party consents to the exclusive jurisdiction
and venue in the state and federal courts sitting in Dallas Country,
Texas. Each party waives all defenses of lack of personal
jurisdiction and forum non-conveniens and agrees that process may be
served on either party in a manner authorized by applicable law or
court rule. If for any reason a court of competent jurisdiction finds
any provision of the License to be unenforceable, that provision will
be enforced to the maximum extent possible to effectuate the intent of
the parties and the remainder of the License shall continue in full
force and effect.
7. PRC Provisions. If you are located in the People's Republic of
China ("PRC") or if the Licensed Materials will be sent to the PRC,
the following provisions shall apply and shall supersede any other
provisions in this License concerning the same subject matter as the
following provisions:
a. Registration Requirements. You shall be solely responsible for
performing all acts and obtaining all approvals that may be
required in connection with this License by the government of the
PRC, including but not limited to registering pursuant to, and
otherwise complying with, the PRC Measures on the Administration
of Software Products, Management Regulations on Technology
Import-Export, and Technology Import and Export Contract
Registration Management Rules. Upon receipt of such approvals
from the government authorities, you shall forward evidence of all
such approvals to TI for its records. In the event that you fail
to obtain any such approval or registration, you shall be solely
responsible for any and all losses, damages or costs resulting
therefrom, and shall indemnify TI for all such losses, damages or
costs.
b. Governing Language. This License is written and executed in
the English language. If a translation of this License is
required for any purpose, including but not limited to
registration of the License pursuant to any governmental laws,
regulations or rules, you shall be solely responsible for creating
such translation. Any translation of this License into a language
other than English is intended solely in order to comply with such
laws or for reference purposes, and the English language version
shall be authoritative and controlling.
8. Entire Agreement. This License is the entire agreement between you
and TI and supersedes any prior agreement between the parties related
to the subject matter of this License. No amendment or modification of
this License will be effective unless in writing and signed by a duly
authorized representative of TI. You hereby warrant and represent
that you have obtained all authorizations and other applicable
consents required empowering you to enter into this License.
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Copyright (c) 2010, Texas Instruments Incorporated
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the
distribution.
* Neither the name of Texas Instruments Incorporated nor the names of
its contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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