-Texas Instruments Incorporated
-Technology and Software Publicly Available
-Software (Object Code) License Agreement
+TECHNOLOGY AND SOFTWARE PUBLICLY AVAILABLE
+SOFTWARE LICENSE
+Copyright (c) 2011, Texas Instruments Incorporated.
-IMPORTANT - PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY. THIS IS
- A LEGALLY BINDING AGREEMENT. DO NOT DOWNLOAD THE LICENSED MATERIALS
- UNLESS: (1) YOU ARE AUTHORIZED TO ACCEPT AND AGREE TO THE TERMS OF THIS
- LICENSE AGREEMENT AND (2) YOU INTEND TO ENTER INTO AND TO BE BOUND BY
- THE TERMS OF THIS AGREEMENT.
+All rights reserved.
-This Software License Agreement ("Agreement") is a legal agreement between you
- (either an individual or entity) and Texas Instruments Incorporated
- ("TI"). The "Licensed Materials" subject to this Agreement include,
- in whole or in part, the software programs that accompany this Agreement
- and any "on-line" or electronic documentation associated with these
- programs. By installing, copying or otherwise using the Licensed
- Materials you agree to abide by the terms of this Agreement.
- If you choose not to accept or agree with these terms, do not download
- or install the Licensed Materials.
+Redistribution.
+Redistribution and use in binary form, without modification, are
+permitted provided that the following conditions are met:
-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 such object
- or executable copies are used solely and exclusively on devices
- manufactured by or for TI.
+ * Redistributions must preserve existing copyright notices and reproduce
+ this license (including the above copyright notice and the disclaimer below)
+ in the documentation and/or other materials provided with the distribution.
-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 Agreement if you fail to comply with the terms of
- this Agreement. In such event, you shall destroy all copies of the
- Licensed Materials, including all portions and derivatives thereof.
+ * Neither the name of Texas Instruments Incorporated nor the names of
+ its suppliers may be used to endorse or promote products derived
+ from this software without specific prior written permission.
-3. Intellectual Property Rights. 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 Agreement. TI reserves all
- rights not specifically granted under this Agreement.
+ * No reverse engineering, decompilation, or disassembly of this
+ software is permitted.
-4. Warranties and Limitations. THE LICENSED MATERIALS ARE PROVIDED "AS IS". TI
- MAKES 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.
+Limited patent license.
-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.
+Texas Instruments Incorporated grants a world-wide, royalty-free,
+non-exclusive license under patents it now or hereafter owns or controls
+to make, have made, use, import, offer to sell and sell ("Utilize") this
+software, but solely to the extent that any such patent is necessary
+to Utilize the software alone. The patent license shall not apply to
+any combinations which include this software. No hardware per se is
+licensed hereunder.
-IN NO EVENT SHALL TI, OR ANY APPLICABLE LICENSOR, 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 AGREEMENT,
- 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 AGREEMENT 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. Thesoftware 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 Agreement 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 Agreement 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 Agreement 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 Agreement
- 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 Agreement 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
- Agreement 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 Agreement 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 Agreement is written and executed in
- the English language. If a translation of this Agreement is required
- for any purpose, including but not limited to registration of the
- Agreement pursuant to any governmental laws, regulations or rules, you
- shall be solely responsible for creating such translation. Any
- translation of this Agreement 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 is the entire Agreement between you and TI and
- supersedes any prior agreement between the parties related to the
- subject matter of this Agreement. No amendment or modification of this
- Agreement 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 Agreement.
-
-1
-TILAW-#236402v3
+DISCLAIMER.
+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.