END USER LICENCE AGREEMENT FOR THE ARM REALVIEW COMPILATION TOOLS

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 AS DEFINED BELOW. ARM IS ONLY WILLING TO LICENSE YOU TO USE THE SOFTWARE ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY CLICKING "I AGREE", BY INVOKING THE COMPILER OR OTHERWISE USING THE SOFTWARE YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE YOU TO USE THE SOFTWARE AND YOU MAY NOT USE THE SOFTWARE.

"Hardware" means the Mbed Microcontroller.

"Website" means the Mbed website and its related services under domain name http://mbed.org.

"Software" means any software, firmware and data which is accessible through the Website as a service, any printed, electronic or online documentation supplied with it, in all cases relating to the RealView Compilation Tools. The Software includes RealView Compilation Tools, including compiler, assembler, linker and libraries. 

"Separate Files"  means any third party software or materials which are supplied with the Software which are available for your use, but are licensed under their own separate licence agreements and not as part of the Software.
 
1. LICENCE GRANTS.
(i) SOFTWARE: Arm hereby grants to you, subject to the terms and conditions of this Licence, a non-exclusive, non-transferable licence, to use the Software, solely for the purposes of your internal development, testing and debugging of software applications for use with the Hardware (referred to in this Licence as "Software Applications"). You shall not copy, attempt to otherwise access, modify or redistribute any of the Software except as may be permitted by clauses 1(ii)-1(iii) below.

(ii) LIBRARIES: In respect of any Language Libraries and Helper Libraries (together "Target Libraries") identified in the Schedule to this Licence, Arm hereby grants you, provided you comply with the terms of clause 1(iii), additional non-exclusive, non-transferable licences to; (a) incorporate and link the Language Libraries into or with Software Applications, provided that Software Applications contain substantial additional functionality; (b) incorporate and link the Helper Libraries into, or use them in, Software Applications; and (c) reproduce and distribute the Target Libraries, only in object code form, and only as part of Software Applications.

(iii) FURTHER CONDITIONS ON REDISTRIBUTION: If you choose to redistribute the whole or any part of the Target Libraries, you agree to; (a) ensure that they are licensed for use only as part of Software Applications and only on microprocessors manufactured or simulated under licence from Arm; (b) not to use Arm's name, logo or trademarks to market Software Applications; (c) include valid copyright notices on Software Applications, and preserve any copyright notices which are included with, or in, the and Target Libraries; (d) comply with all the other terms of this Licence; and (e) not permit further redistribution of the Target Libraries by your customers except where your distributors redistribute them to your end-user customers only as part of Software Applications and your distributors otherwise comply with the terms of this Licence.

2. RESTRICTIONS ON USE OF THE SOFTWARE.
EXCEPT AS EXPRESSLY LICENSED HEREIN, YOU MAY NOT USE, DOWNLOAD, COPY, DISTRIBUTE OR STORE A LOCAL COPY OF THE SOFTWARE.  THE SOFTWARE IS MADE AVAILABLE FOR USE SOLELY THROUGH THE WEBSITE.

PERMITTED USERS: The Software shall be used only by you (either a single individual, or single legal entity) your employees, or by your bona fide sub-contractors for whose acts and omissions you hereby agree to be responsible to Arm to the same extent as those of your employees, and provided always that such sub-contractors; (i) work only onsite at your premises; (ii) are aware of the terms of this Licence; (iii) are contractually obligated to use the same only for your benefit, and (iv) agree to assign all their work product and any rights they create therein in the supply of such work to you. Only the single individual, company or other legal entity to whom Arm is supplying this Licence may use the Software. You shall not allow third parties (including but not limited to any subsidiary, parent or affiliated companies, or offsite contractors you may have) to use the Software unless Arm specifically agrees otherwise with you on a case by case basis.

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 or attempt to access the source code of the Target Libraries. 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.

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. Arm may agree to waive the restrictions in this paragraph if requested in writing.

RESTRICTIONS ON TRANSFER OF LICENSED RIGHTS: The rights granted to you under this Licence may not be assigned, sublicensed or otherwise transferred by you to any third party without the prior written consent 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.

3. SUPPORT.
Arm is not obligated to support the Software but may do so entirely at Arm's discretion.  Contact support@mbed.org for support queries.

4. CONFIDENTIALITY.
You acknowledge that the Software and any benchmarking data and related information mentioned in Clause 2 contain trade secrets and confidential material, and you agree to maintain them 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 that you shall not use any such information other than in normal use of the Software under the licences granted in this Licence.

5. WARRANTIES.
YOU AGREE THAT THE SOFTWARE IS LICENSED "AS IS", AND THAT ARM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS, 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, APPLICATIONS DESIGNED OR INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS, WEAPONARY, AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

6. 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 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 TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE.

7. THIRD PARTY RIGHTS.
You agree to comply with all terms and conditions imposed on you in respect of the Separate Files including those identified in the Schedule ("Third Party Terms").  Any provisions in this Licence which differ from Third Party Terms are offered by Arm alone and shall not supersede or modify any Third Party Terms. In addition to Third Party Terms, the disclaimer of warranty and limitation of liability provisions in this Licence shall apply to all Software and Separate Files.

ARM HEREBY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED FROM ANY THIRD PARTIES REGARDING ANY SEPARATE FILES, ANY THIRD PARTY MATERIALS INCLUDED IN THE SOFTWARE, ANY THIRD PARTY MATERIALS FROM WHICH THE SOFTWARE IS DERIVED (COLLECTIVELY "OTHER CODE"), AND THE USE OF ANY OR ALL THE OTHER CODE IN CONNECTION WITH THE SOFTWARE, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

NO THIRD PARTY LICENSORS OF OTHER CODE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND WHETHER MADE UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE OTHER CODE OR THE EXERCISE OF ANY RIGHTS GRANTED UNDER EITHER OR BOTH THIS LICENCE AND THE LEGAL TERMS APPLICABLE TO ANY SEPARATE FILES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Distribution of code from the Rogue Wave C++ Language Libraries is permitted only if: (a) you are granted the right to redistribute those Libraries under Clauses 1 and 2 of this Licence; and (b) they do not constitute a major portion of the value of the Software Applications. No right is granted to use those libraries on any computers as are marketed or commonly considered to be mainframe computers in the computer industry. Notwithstanding any provisions in this Licence to the contrary, you shall not: (a) distribute in any manner any of the header files, object modules, template-based classes, or independent static libraries of those libraries or documentation relating thereto; (b) distribute any portion of the same in a software utility product or otherwise in competition with Rogue Wave Software Inc's distribution thereof; nor (c) rent or lease the Software. "Rogue Wave" is a registered trademark of Rogue Wave Software, Inc.

8. U.S. GOVERNMENT END USERS.
US Government Restrictions: Use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation is restricted in accordance with the terms of this Licence.

9. TERM AND TERMINATION.
This Licence shall remain in force until terminated by you, by Arm or by expiry (in the case of a time limited licence). 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. You may terminate this Licence at any time. Upon termination of this Licence by you or by Arm or upon expiry, 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 4, 6, 7, 8, 9 and 10 shall survive termination of this Licence.  If the Website Terms and Conditions of Use or Data Use and Privacy Policy expire or are terminated, then this Licence shall automatically terminate.

10. GENERAL.
This Licence is governed by English Law. Except where Arm agrees otherwise in a written contract signed by you and Arm, 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 SCHEDULE

TARGET LANGUAGE LIBRARIES (OBJECT CODE):
Language Libraries: C Libraries; C++ runtime support library; Rogue Wave C++ Libraries
Helper Libraries: Arm Compiler Helper Libraries

SEPARATE FILES:

A. GNU standard C and C++ language libraries (only installed on Linux host computers):
This package includes GNU libgcc_s and libstdc++ libraries in binary form, licensed to you under the GNU General Public License, version 2.

(LEC-ELA-00767-V1.0)