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Editing: LICENCE.mali_csffw
Copyright 2023 Arm Ltd. END USER LICENCE AGREEMENT FOR THE MALI FIRMWARE 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 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. “Applications” means applications for use solely in conjunction with Mali-based products manufactured under licence from ARM. “Output” means data resulting from your use of the Software and all direct and indirect derivatives thereof. “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. 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 for the purposes of installation; (ii) use and copy the Software or certain components or optional functionality in the Software, as applicable, solely for the purposes of running, designing or developing Applications; and (iii) subject to Clause 1.2, distribute the whole of the Software either standalone and/or as incorporated into, Applications. 1.2 If you choose to redistribute the whole or any part of the Software pursuant to the licences granted in Clause 1.1(iii), you agree: (i) not to use ARM’s or any of its licensors names, logos or trademarks to market Applications; (ii) to retain any and all copyright notices and other notices (whether ARM’s or its licensor’s) which are included with the Software; and (iii) include a copy of this Licence with such redistribution. 2. RESTRICTIONS ON USE OF THE SOFTWARE. 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. RESTRICTED USE You agree that you shall not use the Software or the Output other than pursuant to and in accordance with the exercise of any of the licences granted under this Licence. Without limiting the generality of the foregoing, you shall not use the Software or any Output: (a) for determining if any features, functions or processes provided by the Software are covered by any patents or patent applications owned by you or a third party; or (b) for developing technology, applications or products which avoid any of ARM’s intellectual property in the Software licensed hereunder; or (c) as a reference for modifying existing patents or patent applications or creating any continuation, continuation in part, or extension of existing patents or patent applications. 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. 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 APPLICATIONS, INCLUDING WITHOUT LIMITATION, 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. 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. 7. 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 destroy all copies of the Software in your possession, together with all documentation and related materials. The provisions of clauses 2, 3, 4, 5, 6, 7, and 8 shall survive termination of this Licence. 8. 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. The Software provided under this License may be subject to U.K., European Union, and U.S. export control and sanctions laws and regulations, including the U.S. Export Administration Regulations (“EAR”) (hereafter collectively referred to as “Export Regulations”). The parties agree to comply fully with all applicable Export Regulations. You agree that you shall not, either directly or indirectly, export in breach of the Export Regulations the Software received under this License, nor any direct products thereof: (i) to any country, company or person subject to export restrictions or sanctions under the applicable Export Regulations without required export authorisation; or (ii) for any prohibited end use, which at the time of export requires an export license or other governmental approval, without first obtaining such license or approval. The specific export controls applicable to the Software is determined by the relevant ECCN. Arm will provide ECCNs for licensed products upon request to tradecompliance@arm.com. You are responsible for determining the jurisdiction and classification of the designs you create the Software. The Software provided under this License are dual-use, and are not listed on the UK Military List, nor are they subject to the International Traffic in Arms Regulations (ITAR), the 600 Series of the EAR or other military export control regimes. The parties are prohibited from sharing ITAR-controlled technical data, 600 series-controlled technology, other export controlled military data, or any other data that might require an export license or other export authorisation without prior written consent from the other party. Further, Arm is expressly authorised to use non-U.S. citizens for the performance of this License with the exception of nationals of Country Group E:1 and E:2 as listed in Supp. 1 to Part 740 of the EAR, which shall only be permitted in full compliance with all applicable laws.
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