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EULA
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EULA
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LES-PRE-20376
SP-Version: 2.2
15 September 2014
END USER LICENCE AGREEMENT FOR THE MALI GPU USERSPACE DRIVER ("MALI GPU DRIVER")
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 OF 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, AND YOU SHOULD PROMPTLY RETURN THE SOFTWARE
TO YOUR SUPPLIER.
"Software" means any software, firmware and data accompanying this
Licence, any printed, electronic or online documentation supplied with
it under the terms of this Licence for the MALI GPU Driver.
1. LICENCE GRANTS TO YOU.
1.1 ARM hereby grants to you, subject to the terms and conditions of
this Licence, a non-exclusive, non-transferable, revocable, worldwide
licence to: (i) use the Software or certain components or optional
functionality in the Software, as applicable, solely for the purposes
of designing or developing applications for use in conjunction with
MALI GPU based products manufactured under licence from ARM; and (ii)
modify the Software or certain components or optional functionality in
the Software for the purposes of porting the Software to your target;
2. RESTRICTIONS ON USE OF THE SOFTWARE.
COPYING: You shall not use or copy the Software except as expressly
authorised in this Licence. You may make one additional copy of the
delivered Software for backup or archival purposes.
BENCHMARKING: This Licence does not prevent you from using the
Software for internal benchmarking purposes. However, you shall treat
any and all benchmarking data relating to the Software, and any other
results of your use or testing of the Software which are indicative of
its performance, efficacy, reliability or quality, as confidential
information and you shall not disclose such information to any third
party without the express written permission of ARM.
COPYRIGHT AND RESERVATION OF RIGHTS: The Software is owned by ARM or
its licensors and is protected by copyright and other intellectual
property laws and international treaties. The Software is licensed not
sold. You acquire no rights to the Software other than as expressly
provided by this Licence. You shall not remove from the Software any
copyright notice or other notice and shall ensure that any such notice
is reproduced in any copies of the whole or any part of the Software
made by you or other permitted users.
REVERSE ENGINEERING: Except to the extent that such activity is
permitted by applicable law you shall not reverse engineer, decompile
or disassemble any of the Software. If the Software was provided to
you in Europe you shall not reverse engineer, decompile or disassemble
any of the Software for the purposes of error correction.
3. SUPPORT.
ARM is not under an obligation to provide support, but it may do so at
its own discretion, and if it does, it will only be in respect of the
Software as delivered and not any modifications thereto.
4. NO WARRANTIES.
YOU AGREE THAT THE SOFTWARE IS LICENSED "AS IS", AND THAT ARM
EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR
OTHER TERMS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY
QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION
OF SOFTWARE APPLICATIONS, INCLUDING WITHOUT LIMITATION, SOFTWARE
APPLICATIONS DESIGNED OR INTENDED FOR MISSION CRITICAL APPLICATIONS,
SUCH AS PACEMAKERS, WEAPONRY, AIRCRAFT NAVIGATION, FACTORY CONTROL
SYSTEMS, ETC. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
5. 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 or ARM's fraud 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:
(I) THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE;
AND (II) $10.00 USD. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT
ENLARGE OR EXTEND THE LIMIT.
6. CONFIDENTIALITY.
You acknowledge that the Software and any benchmarking data and
related information mentioned in Clause 2 may contain trade secrets
and confidential material and you agree to maintain all such
information in confidence and apply security measures no less
stringent than the measures which you apply to protect your own like
information, but not less than a reasonable degree of care, to prevent
their unauthorised disclosure and use. Subject to any restrictions
imposed by applicable law, the period of confidentiality shall be
indefinite. You agree not to use any such information other than in
normal use of the Software under the licences granted in this Licence.
7. U.S. GOVERNMENT END USERS.
US Government Restrictions: Use, duplication, reproduction, release,
modification, disclosure or transfer of the Software 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
or on thirty (30) days written notice without cause. 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 confidential
information and destroy all copies of the Software and confidential
information in your possession, together with all documentation and
related materials. The provisions of clauses 4, 5, 6, 7, 8 and 9 shall
survive termination of this Licence.
9. GENERAL.
This Licence is governed by English Law. Except where ARM agrees
otherwise in: (i) a written contract signed by you and ARM; or (ii) a
written contract provided by ARM and accepted by you, 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 or sentence 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.
At ARM's request, you agree to check your computers for installations
of the Software and any other information requested by ARM relating to
Software installation and to provide this information to ARM. You
agree that auditors nominated by ARM may also perform such checking
and reporting on behalf of ARM by prior appointment during your normal
business hours on seven (7) days' notice. ARM shall bear the auditors'
costs for that audit unless it reveals unlicensed usage in which case
you shall promptly reimburse ARM for all reasonable costs and
expenses, including professional fees, relating to such audit. Any
information which is disclosed to ARM or such auditors during checking
or audit shall be treated as your confidential information and shall
only be used by ARM for licence management, compliance and enforcement
purposes.
The Software provided under this Licence is subject to U.S. export
control laws, including the U.S. Export Administration Act and its
associated regulations, and may be subject to export or import
regulations in other countries. 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.