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### CYPRESS WIRELESS CONNECTIVITY DEVICES ### DRIVER END USER LICENSE AGREEMENT (SOURCE AND BINARY DISTRIBUTION) PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE, ANY ACCOMPANYING DOCUMENTATION, OR ANY UPDATES PROVIDED BY CYPRESS ("Software"). BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE. IF YOU HAVE PURCHASED THE SOFTWARE, YOUR RIGHT TO RETURN THE SOFTWARE EXPIRES 30 DAYS AFTER YOUR PURCHASE AND APPLIES ONLY TO THE ORIGINAL PURCHASER. Software Provided in Binary Code Form. This paragraph applies to any Software provided in binary code form. Subject to the terms and conditions of this Agreement, Cypress Semiconductor Corporation ("Cypress") grants you a non-exclusive, non-transferable license under its copyright rights in the Software to reproduce and distribute the Software in object code form only, solely for use in connection with Cypress integrated circuit products ("Purpose"). Software Provided in Source Code Form. This paragraph applies to any Software provided in source code form ("Cypress Source Code"). Subject to the terms and conditions of this Agreement, Cypress grants you a non-exclusive, non-transferable license under its copyright rights in the Cypress Source Code to reproduce, modify, compile, and distribute the Cypress Source Code (whether in source code form or as compiled into binary code form) solely for the Purpose. Cypress retains ownership of the Cypress Source Code and any compiled version thereof. Subject to Cypress' ownership of the underlying Cypress Source Code, you retain ownership of any modifications you make to the Cypress Source Code. You agree not to remove any Cypress copyright or other notices from the Cypress Source Code and any modifications thereof. Any reproduction, modification, translation, compilation, or representation of the Cypress Source Code except as permitted in this paragraph is prohibited without the express written permission of Cypress. Free and Open Source Software. Portions of the Software may be licensed under free and/or open source licenses such as the GNU General Public License ("FOSS"). FOSS is subject to the applicable license agreement and not this Agreement. If you are entitled to receive the source code from Cypress for any FOSS included with the Software, either the source code will be included with the Software or you may obtain the source code at no charge from <http://www.cypress.com/go/opensource>. The applicable license terms will accompany each source code package. To review the license terms applicable to any FOSS for which Cypress is not required to provide you with source code, please see the Software's installation directory on your computer. Proprietary Rights. The Software, including all intellectual property rights therein, is and will remain the sole and exclusive property of Cypress or its suppliers. Except as otherwise expressly provided in this Agreement, you may not: (i) modify, adapt, or create derivative works based upon the Software; (ii) copy the Software; (iii) except and only to the extent explicitly permitted by applicable law despite this limitation, decompile, translate, reverse engineer, disassemble or otherwise reduce the Software to human-readable form; or (iv) use the Software other than for the Purpose. No Support. Cypress may, but is not required to, provide technical support for the Software. Term and Termination. This Agreement is effective until terminated. This Agreement and Your license rights will terminate immediately without notice from Cypress if you fail to comply with any provision of this Agreement. Upon termination, you must destroy all copies of Software in your possession or control. Termination of this Agreement will not affect any licenses validly granted as of the termination date to any end users of the Software. The following paragraphs shall survive any termination of this Agreement: "Free and Open Source Software," "Proprietary Rights," "Compliance With Law," "Disclaimer," "Limitation of Liability," and "General." Compliance With Law. Each party agrees to comply with all applicable laws, rules and regulations in connection with its activities under this Agreement. Without limiting the foregoing, the Software may be subject to export control laws and regulations of the United States and other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import the Software. Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYPRESS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cypress reserves the right to make changes to the Software without notice. Cypress does not assume any liability arising out of the application or use of Software or any product or circuit described in the Software. Cypress does not authorize its products for use as critical components in life-support systems where a malfunction or failure may reasonably be expected to result in significant injury to the user. The inclusion of Cypress' product in a life-support system or application implies that the manufacturer of such system or application assumes all risk of such use and in doing so indemnifies Cypress against all charges. Limitation of Liability. IN NO EVENT WILL CYPRESS OR ITS SUPPLIERS, RESELLERS, OR DISTRIBUTORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF CYPRESS OR ITS SUPPLIERS, RESELLERS, OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CYPRESS' OR ITS SUPPLIERS' RESELLERS', OR DISTRIBUTORS' TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Restricted Rights. The Software under this Agreement is commercial computer software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its successors. General. This Agreement will bind and inure to the benefit of each party's successors and assigns, provided that you may not assign or transfer this Agreement, in whole or in part, without Cypress' written consent. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. The parties consent to personal and exclusive jurisdiction of and venue in, the state and federal courts within Santa Clara County, California; provided however, that nothing in this Agreement will limit Cypress' right to bring legal action in any venue in order to protect or enforce its intellectual property rights. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. Any notice to Cypress will be deemed effective when actually received and must be sent to Cypress Semiconductor Corporation, ATTN: Chief Legal Officer, 198 Champion Court, San Jose, CA 95134 USA.
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