Analog Devices
Example program for EVAL-ADMX2001
Dependencies: ADMX2001
LICENSE.md@12:b8721957653b, 2021-11-15 (annotated)
- Committer:
- nsheth
- Date:
- Mon Nov 15 05:54:00 2021 +0000
- Revision:
- 12:b8721957653b
- Parent:
- 0:a74ad5b8dc7b
- Child:
- 13:7b49e4416abd
Updating license files
Who changed what in which revision?
| User | Revision | Line number | New contents of line |
|---|---|---|---|
| Kjansen45 | 0:a74ad5b8dc7b | 1 | Analog Devices, Inc. (ADI) |
| nsheth | 12:b8721957653b | 2 | EVALUATION LICENSE AGREEMENT |
| nsheth | 12:b8721957653b | 3 | 20211115-MOS-CTELA |
| Kjansen45 | 0:a74ad5b8dc7b | 4 | |
| nsheth | 12:b8721957653b | 5 | This Evaluation License Agreement (the “Agreement”) is a legal agreement between Analog |
| nsheth | 12:b8721957653b | 6 | Devices, Inc., a Massachusetts corporation, with its principal office at One Analog Way, Wilmington, |
| nsheth | 12:b8721957653b | 7 | MA 01887, U.S.A. (“Analog Devices”) and you (personally or on behalf of your employer, as |
| nsheth | 12:b8721957653b | 8 | applicable) (“Licensee”) for the software and related documentation that accompanies this |
| nsheth | 12:b8721957653b | 9 | Agreement (the “Licensed Software”). YOU AGREE THAT YOU ARE BOUND BY THE TERMS |
| nsheth | 12:b8721957653b | 10 | AND CONDITIONS OF THIS AGREEMENT BY DOWNLOADING, INSTALLING, COPYING OR |
| nsheth | 12:b8721957653b | 11 | USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, COPY OR |
| nsheth | 12:b8721957653b | 12 | USE THE SOFTWARE. YOU REPRESENT THAT YOU ARE OVER THE AGE OF 18 AND HAVE |
| nsheth | 12:b8721957653b | 13 | THE CAPACITY AND AUTHORITY TO BIND YOURSELF OR YOUR EMPLOYER, AS |
| nsheth | 12:b8721957653b | 14 | APPLICABLE, TO THE TERMS OF THIS AGREEMENT. |
| nsheth | 12:b8721957653b | 15 | The Licensed Software consists of (a) embedded software (including firmware) designed to operate |
| nsheth | 12:b8721957653b | 16 | in an Analog Devices processor / product (“Embedded Software”) and/or (b) application software |
| nsheth | 12:b8721957653b | 17 | designed to run on personal computers (“PC Software”). |
| nsheth | 12:b8721957653b | 18 | 1. License. Subject to the terms and conditions of this Agreement, Analog Devices grants to |
| nsheth | 12:b8721957653b | 19 | Licensee a non-exclusive, non-transferable, non-sublicensable license to: |
| nsheth | 12:b8721957653b | 20 | (a) internally use and copy the Embedded Software (and modify the Embedded Software if it is |
| nsheth | 12:b8721957653b | 21 | provided in source code form) for the sole purpose of evaluating the use of Embedded Software |
| nsheth | 12:b8721957653b | 22 | with Analog Devices’ processors / products; and |
| nsheth | 12:b8721957653b | 23 | (b) internally use and copy the PC Software for the sole purpose of evaluating use of the PC |
| nsheth | 12:b8721957653b | 24 | Software with Analog Devices’ processors / products. Such evaluation may include configuring, |
| nsheth | 12:b8721957653b | 25 | monitoring and controlling Analog Devices processors / products solely in order to evaluate use of |
| nsheth | 12:b8721957653b | 26 | the PC Software with Analog Devices’ processors / products. |
| nsheth | 12:b8721957653b | 27 | 2. Restrictions and Conditions. The license granted in Section 1 is conditioned on full compliance |
| nsheth | 12:b8721957653b | 28 | with this Section 2 and the other obligations under this Agreement. |
| nsheth | 12:b8721957653b | 29 | (a) Licensee shall not modify, reverse engineer, decompile, disassemble or create derivative works |
| nsheth | 12:b8721957653b | 30 | of the Licensed Software except and only to the extent that such activity is expressly permitted (i) |
| nsheth | 12:b8721957653b | 31 | pursuant to Section 1 above or (ii) by applicable law notwithstanding this limitation. |
| nsheth | 12:b8721957653b | 32 | (b) In no event shall Licensee (i) sublicense, rent, lease, permit time-sharing or otherwise make |
| nsheth | 12:b8721957653b | 33 | available, transfer, deliver, disclose, or distribute the Licensed Software to any third party or (ii) use |
| nsheth | 12:b8721957653b | 34 | the Licensed Software for any commercial purpose, including, without limitation, the manufacture |
| nsheth | 12:b8721957653b | 35 | of products intended for commercial sale or the development of any other software, application, |
| nsheth | 12:b8721957653b | 36 | product or service for commercial release. |
| nsheth | 12:b8721957653b | 37 | (c) The Licensed Software may not be used with any processors / products other than Analog |
| nsheth | 12:b8721957653b | 38 | Devices’ processors / products or for any other purpose. |
| nsheth | 12:b8721957653b | 39 | (d) Licensee shall not engage in any activities with respect to the Licensed Software that would |
| nsheth | 12:b8721957653b | 40 | cause the Licensed Software, in whole or in part to become subject to any terms of an Excluded |
| nsheth | 12:b8721957653b | 41 | License. An “Excluded License” means any license, including licenses for “open source” code |
| nsheth | 12:b8721957653b | 42 | (such as defined by the Free Software Foundation), that requires as a condition of use, |
| nsheth | 12:b8721957653b | 43 | modification, and/or distribution of the software subject to such Excluded License, that such |
| nsheth | 12:b8721957653b | 44 | software or other software combined and/or distributed with such software be (i) disclosed or |
| nsheth | 12:b8721957653b | 45 | distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) |
| nsheth | 12:b8721957653b | 46 | redistributable at no charge. Examples of Excluded Licenses include, without limitation, the GNU |
| nsheth | 12:b8721957653b | 47 | General Public License, the GNU Lesser General Public License, the Mozilla Public License and |
| nsheth | 12:b8721957653b | 48 | the Microsoft Reciprocal License. The restrictions of this section apply regardless of whether the |
| nsheth | 12:b8721957653b | 49 | Licensed Software is intended or designed to run in an environment that includes software under |
| nsheth | 12:b8721957653b | 50 | an Excluded License. Any license, agreement or other document issued, entered into or granted |
| nsheth | 12:b8721957653b | 51 | by Licensee that purports to apply any Excluded License to any portion of the Licensed Software |
| nsheth | 12:b8721957653b | 52 | shall be null and void with regard to the Licensed Software. |
| nsheth | 12:b8721957653b | 53 | (e) If Analog Devices elects to make any update, upgrade or new version of the Licensed Software |
| nsheth | 12:b8721957653b | 54 | (“Updates”) available to Licensee, such Updates shall be deemed to be the Licensed Software |
| nsheth | 12:b8721957653b | 55 | under this Agreement. If requested by Analog Devices, Licensee shall only use the latest version |
| nsheth | 12:b8721957653b | 56 | of the Licensed Software (including Updates). Analog Devices shall have no obligation to provide |
| nsheth | 12:b8721957653b | 57 | support or Updates of any kind. |
| nsheth | 12:b8721957653b | 58 | (f) In no event shall Licensee remove any copyright or other intellectual property notice or other |
| nsheth | 12:b8721957653b | 59 | legend contained on or in copies of the Licensed Software or displayed by the Licensed Software. |
| nsheth | 12:b8721957653b | 60 | (g) To the extent there are any specifications and/or user manuals for the Licensed Software, as |
| nsheth | 12:b8721957653b | 61 | an additional restriction under this Agreement (and in no way expanding any rights under this |
| nsheth | 12:b8721957653b | 62 | Agreement), the Licensed Software may not be used in any manner that is inconsistent with such |
| nsheth | 12:b8721957653b | 63 | specifications and/or user manuals. For the avoidance of doubt, Licensee may not distribute the |
| nsheth | 12:b8721957653b | 64 | Licensed Software under any circumstances. |
| nsheth | 12:b8721957653b | 65 | 3. Ownership. Licensee acknowledges and agrees that Analog Devices and its licensors and |
| nsheth | 12:b8721957653b | 66 | suppliers (as applicable) retain all right, title and interest in the Licensed Software and derivative |
| nsheth | 12:b8721957653b | 67 | works thereof, including all related patent, copyright and other intellectual property rights in any of |
| nsheth | 12:b8721957653b | 68 | the foregoing, and that Licensee’s rights to the Licensed Software are limited to those expressly |
| nsheth | 12:b8721957653b | 69 | provided for in Section 1 above (subject to the conditions and restrictions in this Section 3). |
| nsheth | 12:b8721957653b | 70 | Licensee shall not take any action inconsistent with such title and ownership. Any use of the |
| nsheth | 12:b8721957653b | 71 | Licensed Software for any purpose other than as expressly licensed hereunder is outside the scope |
| nsheth | 12:b8721957653b | 72 | of this Agreement. All rights not expressly granted in this Agreement are reserved to Analog |
| nsheth | 12:b8721957653b | 73 | Devices. It is agreed that because of the proprietary nature of the Licensed Software, Analog |
| nsheth | 12:b8721957653b | 74 | Devices’ remedies at law for a breach by the Licensee of its obligations under this Agreement or |
| nsheth | 12:b8721957653b | 75 | for use of the Licensed Software beyond the scope of the license granted herein will be inadequate |
| nsheth | 12:b8721957653b | 76 | and that Analog Devices will, in the event of such breach, be entitled to equitable relief, including |
| nsheth | 12:b8721957653b | 77 | injunctive relief, without the posting of any bond, in addition to all other remedies provided under |
| nsheth | 12:b8721957653b | 78 | this Agreement or available at law. |
| nsheth | 12:b8721957653b | 79 | 4. Publicity. Notwithstanding anything in this Agreement, Licensee may not use any trademark or |
| nsheth | 12:b8721957653b | 80 | trade name of Analog Devices or make any public announcement regarding the existence of this |
| nsheth | 12:b8721957653b | 81 | Agreement without Analog Devices’ prior written consent. Licensee may not publish or provide the |
| nsheth | 12:b8721957653b | 82 | results of any benchmark or comparison tests run on the Licensed Software to any third party |
| nsheth | 12:b8721957653b | 83 | without the prior written consent of Analog Devices. |
| nsheth | 12:b8721957653b | 84 | 5. Feedback. Licensee may from time to time provide modifications, enhancements, improvements, |
| nsheth | 12:b8721957653b | 85 | code, suggestions, ideas, comments or other feedback (“Feedback”) to Analog Devices related to |
| nsheth | 12:b8721957653b | 86 | the Licensed Software. Licensee agrees that all Feedback is and shall be given entirely voluntarily. |
| nsheth | 12:b8721957653b | 87 | To the extent Licensee provides such Feedback, Licensee (on behalf of itself and its affiliates) |
| nsheth | 12:b8721957653b | 88 | hereby grants to Analog Devices and its affiliates a non-exclusive, irrevocable, perpetual, |
| nsheth | 12:b8721957653b | 89 | worldwide, royalty-free, transferable license, with the right to sublicense, under Licensee’s (and its |
| nsheth | 12:b8721957653b | 90 | affiliates’) intellectual property, to use and disclose Feedback in any manner Analog Devices or its |
| nsheth | 12:b8721957653b | 91 | affiliates choose, including, without limitation, displaying, performing, copying, making, having |
| nsheth | 12:b8721957653b | 92 | made, using, selling and otherwise disposing of Analog Devices’ and its affiliates and their |
| nsheth | 12:b8721957653b | 93 | respective licensees’ software, applications, products or services embodying such Feedback in any |
| nsheth | 12:b8721957653b | 94 | manner and via any media, without reference to its source or other obligation to Licensee and even |
| nsheth | 12:b8721957653b | 95 | if the Feedback is designated as confidential. |
| nsheth | 12:b8721957653b | 96 | 6. Confidentiality. |
| nsheth | 12:b8721957653b | 97 | (a) The Licensed Software and any accompanying documentation, and any other information which |
| nsheth | 12:b8721957653b | 98 | a reasonable person would understand is of a confidential or proprietary nature, shall be deemed |
| nsheth | 12:b8721957653b | 99 | to be “Confidential Information” of Analog Devices whether or not it is identified in writing as |
| nsheth | 12:b8721957653b | 100 | “Confidential.” Any other materials or information identified by Analog Devices as “Confidential” or |
| nsheth | 12:b8721957653b | 101 | with any similar notice shall also be treated as Confidential Information of Analog Devices under |
| nsheth | 12:b8721957653b | 102 | this Agreement. Analog Devices Confidential Information shall include, without limitation, software |
| nsheth | 12:b8721957653b | 103 | and information of Analog Devices’ affiliates, suppliers and licensors. |
| nsheth | 12:b8721957653b | 104 | (b) Licensee shall protect the confidentiality of Analog Devices Confidential Information. Without |
| nsheth | 12:b8721957653b | 105 | limitation, Licensee agrees: (i) not to disclose or otherwise permit any other person or entity access |
| nsheth | 12:b8721957653b | 106 | to, in any manner, Confidential Information, or any part thereof in any form whatsoever; except that |
| nsheth | 12:b8721957653b | 107 | such disclosure or access shall be permitted to an employee of Licensee (x) requiring access to |
| nsheth | 12:b8721957653b | 108 | Confidential Information in the course of his or her employment in connection with this Agreement, |
| nsheth | 12:b8721957653b | 109 | (y) who is subject to written confidentiality obligations at least as protective with respect to |
| nsheth | 12:b8721957653b | 110 | Confidential Information as the terms and conditions in this Agreement and (z) who complies with |
| nsheth | 12:b8721957653b | 111 | all other applicable provisions of this Agreement; (ii) to notify Analog Devices promptly and in writing |
| nsheth | 12:b8721957653b | 112 | of the circumstances surrounding any suspected possession, use or knowledge of Confidential |
| nsheth | 12:b8721957653b | 113 | Information other than those authorized by this Agreement; and (iii) not to use Confidential |
| nsheth | 12:b8721957653b | 114 | Information for any purpose other than as explicitly set forth herein. |
| nsheth | 12:b8721957653b | 115 | (c) Nothing in this Section 6 shall restrict Licensee with respect to information if such information: |
| nsheth | 12:b8721957653b | 116 | (i) was rightfully possessed by Licensee before it was received from Analog Devices; (ii) is |
| nsheth | 12:b8721957653b | 117 | independently developed by Licensee without reference to Confidential Information; (iii) is |
| nsheth | 12:b8721957653b | 118 | subsequently furnished to Licensee by a third party not under any obligation of confidentiality with |
| nsheth | 12:b8721957653b | 119 | respect to such information, and without restrictions on use or disclosure; or (iv) is or becomes |
| nsheth | 12:b8721957653b | 120 | public or available to the general public otherwise than through any act or default of Licensee. |
| nsheth | 12:b8721957653b | 121 | (d) Because the unauthorized use, transfer or dissemination of any Confidential Information may |
| nsheth | 12:b8721957653b | 122 | diminish substantially the value of such materials and may irreparably harm Analog Devices, if |
| nsheth | 12:b8721957653b | 123 | Licensee breaches the provisions of this Section 6, Analog Devices shall, without limiting its other |
| nsheth | 12:b8721957653b | 124 | rights or remedies, be entitled to equitable relief, including but not limited to injunctive relief. |
| nsheth | 12:b8721957653b | 125 | 7. Third Party Software. The Licensed Software may be accompanied by or include software made |
| nsheth | 12:b8721957653b | 126 | available by one or more third parties (“Third Party Software”). Each portion of Third Party Software |
| nsheth | 12:b8721957653b | 127 | is subject to its own separate software license terms and conditions (“Third Party Licenses”). The |
| nsheth | 12:b8721957653b | 128 | Third Party Licenses for Third Party Software delivered with the Licensed Software may be set forth |
| nsheth | 12:b8721957653b | 129 | or identified (by URL or otherwise) in (i) Appendix A to this Agreement (if any), (ii) the applicable |
| nsheth | 12:b8721957653b | 130 | software header or footer text, (iii) a text file located in the directory of the applicable Third Party |
| nsheth | 12:b8721957653b | 131 | Software component, (iv) software documentation, (v) in connection with any Update of the |
| nsheth | 12:b8721957653b | 132 | Licensed Software or its documentation, and/or (vi) such other location customarily used for |
| nsheth | 12:b8721957653b | 133 | licensing terms. The use of each portion of Third Party Software is subject to the Third Party |
| nsheth | 12:b8721957653b | 134 | Licenses, and Licensee agrees that Licensee’s use of any Third Party Software is bound by the |
| nsheth | 12:b8721957653b | 135 | applicable Third Party License. Licensee agrees to review and comply with all applicable Third |
| nsheth | 12:b8721957653b | 136 | Party Licenses prior to any use or distribution of any Third Party Software. Third Party Software is |
| nsheth | 12:b8721957653b | 137 | provided on an “as is” basis without any representation, warranty or liability of any kind. Analog |
| nsheth | 12:b8721957653b | 138 | Devices (including its licensors and suppliers) shall have no liability or responsibility for the |
| nsheth | 12:b8721957653b | 139 | operation or performance of the Third Party Software and shall not be liable for any damages, |
| nsheth | 12:b8721957653b | 140 | costs, or expenses, direct or indirect, arising out of the performance or failure to perform of the |
| nsheth | 12:b8721957653b | 141 | Third Party Software. Analog Devices (including its licensors and suppliers) shall be entitled to the |
| nsheth | 12:b8721957653b | 142 | benefit of any and all limitations of liability and disclaimers of warranties contained in the Third Party |
| nsheth | 12:b8721957653b | 143 | Licenses. |
| nsheth | 12:b8721957653b | 144 | 8. Required Consents; Indemnification. Licensee acknowledges that use of the Licensed Software |
| nsheth | 12:b8721957653b | 145 | may require Licensee to obtain licenses to intellectual property or other consents from one or more |
| nsheth | 12:b8721957653b | 146 | third parties. Licensee is responsible for obtaining any and all such required licenses or consents |
| nsheth | 12:b8721957653b | 147 | regarding the Licensed Software and for the performance of any and all required tests or analysis |
| nsheth | 12:b8721957653b | 148 | necessary or appropriate for the determination of the suitability of the Licensed Software for its |
| nsheth | 12:b8721957653b | 149 | purposes. Without limitation, Licensee is responsible for obtaining, maintaining and complying with |
| nsheth | 12:b8721957653b | 150 | third party licenses in connection with any Industry Standard hereafter defined below (including |
| nsheth | 12:b8721957653b | 151 | related intellectual property rights) applicable to the Licensed Software. "Industry Standard" means |
| nsheth | 12:b8721957653b | 152 | any standard, protocol or specification that is promulgated by any standards development |
| nsheth | 12:b8721957653b | 153 | organization, consortium, trade association, special interest group, or like group or entity, for the |
| nsheth | 12:b8721957653b | 154 | purpose of widespread adoption. By way of non-limiting examples, industry standards and |
| nsheth | 12:b8721957653b | 155 | specifications may include without limitation technical specifications promulgated by organizations |
| nsheth | 12:b8721957653b | 156 | such as the International Telecommunications Union (ITU), International Standards Organization |
| nsheth | 12:b8721957653b | 157 | (ISO), International Electrotechnical Commission (IEC), 3'd Generation Partnership Project |
| nsheth | 12:b8721957653b | 158 | (3GPP), Moving Picture Experts Group (MPEG), World Wide Web Consortium (W3C), Internet |
| nsheth | 12:b8721957653b | 159 | Engineering Task Force (IETF), OpenFabrics Alliance, Open Mobile Alliance, UPnP Forum, USB |
| nsheth | 12:b8721957653b | 160 | lmplementers Forum, Institute of Electrical and Electronics Engineers (IEEE), American National |
| nsheth | 12:b8721957653b | 161 | Standards Institute (ANSI), Telecommunications Industry Association (TIA), AUTomotive Open |
| nsheth | 12:b8721957653b | 162 | System Architecture (AUTOSAR), High-bandwidth Digital Content Protection (HDCP), HighDefinition Multimedia Interface (HDMI), Digital Transmission Content Protection (DTCP), Digital |
| nsheth | 12:b8721957653b | 163 | Transmission Licensing Administrator (DTLA), and Ethernet POWERLINK Standardization Group |
| nsheth | 12:b8721957653b | 164 | (EPSG). Licensee shall defend, indemnify and hold Analog Devices, its affiliates, licensors and |
| nsheth | 12:b8721957653b | 165 | suppliers, and their respective officers, directors, employees and agents (each an “Indemnified |
| nsheth | 12:b8721957653b | 166 | Party”) harmless from and against any damages, fines, penalties, assessments, liabilities, costs |
| nsheth | 12:b8721957653b | 167 | and expenses (including reasonable attorneys’ fees and court costs) in the event that any claim is |
| nsheth | 12:b8721957653b | 168 | brought against an Indemnified Party arising or alleged to arise directly or indirectly from (i) |
| nsheth | 12:b8721957653b | 169 | Licensee’s possession, use, distribution or other exploitation of the Licensed Software or Third |
| nsheth | 12:b8721957653b | 170 | Party Software, or (ii) Licensee’s failure to obtain any required license or consent with respect to |
| nsheth | 12:b8721957653b | 171 | the Licensed Software or Third Party Software. |
| nsheth | 12:b8721957653b | 172 | 9. Term and Termination. |
| nsheth | 12:b8721957653b | 173 | (a) The term of this Agreement is for a period of six (6) months commencing on the date the |
| nsheth | 12:b8721957653b | 174 | Licensed Software is first received by Licensee from Analog Devices or its authorized distributor |
| nsheth | 12:b8721957653b | 175 | (“Term”). This Agreement is effective until the expiration of the Term or until terminated in |
| nsheth | 12:b8721957653b | 176 | accordance with this Section. Either party may terminate this Agreement at any time by giving |
| nsheth | 12:b8721957653b | 177 | written notice to the other party. This Agreement shall immediately automatically terminate in the |
| nsheth | 12:b8721957653b | 178 | event of any failure by Licensee to comply with any term or condition of the Agreement. In the event |
| nsheth | 12:b8721957653b | 179 | of termination or expiration (i) all licenses granted to Licensee immediately expire and (ii) Licensee |
| nsheth | 12:b8721957653b | 180 | must immediately cease using the Licensed Software and permanently delete all copies of the |
| nsheth | 12:b8721957653b | 181 | Licensed Software and all of its component parts, including any backup or archival copies. The |
| nsheth | 12:b8721957653b | 182 | provisions of Sections 2 through 19 shall survive any termination or expiration of this Agreement |
| nsheth | 12:b8721957653b | 183 | according to their terms. |
| nsheth | 12:b8721957653b | 184 | (b) THE LICENSED SOFTWARE MAY BE TIME-SENSITIVE AND MAY NOT FUNCTION UPON |
| nsheth | 12:b8721957653b | 185 | EXPIRATION OF TERM. NOTICE OF EXPIRATION WILL NOT BE GIVEN, SO LICENSEE |
| nsheth | 12:b8721957653b | 186 | NEEDS TO PLAN FOR THE EXPIRATION DATE. In order to protect against unauthorized use of |
| nsheth | 12:b8721957653b | 187 | the Licensed Software in commercial applications, Analog Devices may have integrated copy |
| nsheth | 12:b8721957653b | 188 | protection into the evaluation software. Typical protection may include a time-out or periodic beep |
| nsheth | 12:b8721957653b | 189 | on audio software or a watermark on imaging software. |
| nsheth | 12:b8721957653b | 190 | 10. DISCLAIMER OF WARRANTIES. |
| nsheth | 12:b8721957653b | 191 | THE LICENSED SOFTWARE, THIRD PARTY SOFTWARE AND ANY SUPPORT ARE |
| nsheth | 12:b8721957653b | 192 | PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, AND |
| nsheth | 12:b8721957653b | 193 | ANALOG DEVICES, FOR ITSELF AND ITS AFFILIATES, HEREBY DISCLAIMS ALL |
| nsheth | 12:b8721957653b | 194 | REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR |
| nsheth | 12:b8721957653b | 195 | WRITTEN, WITH RESPECT TO THE LICENSED SOFTWARE AND THIRD PARTY SOFTWARE |
| nsheth | 12:b8721957653b | 196 | AND ANY SUPPORT, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED |
| nsheth | 12:b8721957653b | 197 | WARRANTIES OF MERCHANTABILITY; FITNESS FOR ANY PARTICULAR PURPOSE; |
| nsheth | 12:b8721957653b | 198 | QUALITY AND ACCURACY OF INFORMATIONAL CONTENT; NON-INFRINGEMENT; QUIET |
| nsheth | 12:b8721957653b | 199 | ENJOYMENT; AND TITLE. LICENSEE AGREES THAT ANY EFFORTS BY ANALOG DEVICES |
| nsheth | 12:b8721957653b | 200 | OR ITS AFFILIATES TO MODIFY OR UPDATE THE LICENSED SOFTWARE OR THIRD PARTY |
| nsheth | 12:b8721957653b | 201 | SOFTWARE OR PROVIDE SUPPORT SHALL NOT BE DEEMED A WAIVER OF THESE |
| nsheth | 12:b8721957653b | 202 | LIMITATIONS, AND THAT ANY ANALOG DEVICES WARRANTIES SHALL NOT BE DEEMED |
| nsheth | 12:b8721957653b | 203 | TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. |
| nsheth | 12:b8721957653b | 204 | 11. Limitation of Liability. |
| nsheth | 12:b8721957653b | 205 | (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANALOG DEVICES (INCLUDING ITS |
| nsheth | 12:b8721957653b | 206 | AFFILIATES) SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO |
| nsheth | 12:b8721957653b | 207 | THE LICENSED SOFTWARE, THIRD PARTY SOFTWARE, THEIR USE OR ANY RELATED |
| nsheth | 12:b8721957653b | 208 | INFORMATION AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, |
| nsheth | 12:b8721957653b | 209 | INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANALOGOUS |
| nsheth | 12:b8721957653b | 210 | DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM LOSS OF |
| nsheth | 12:b8721957653b | 211 | USE, DATA, REVENUE, PROFITS, OR SAVINGS, COMPUTER DAMAGE, INTERRUPTION OF |
| nsheth | 12:b8721957653b | 212 | BUSINESS, OR ANY OTHER CAUSE), UNDER ANY LEGAL THEORY (INCLUDING WITHOUT |
| nsheth | 12:b8721957653b | 213 | LIMITATION CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT OR PRODUCT |
| nsheth | 12:b8721957653b | 214 | LIABILITY), EVEN IF IT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. |
| nsheth | 12:b8721957653b | 215 | (b) IN NO EVENT SHALL ANALOG DEVICES’ CUMULATIVE LIABILITY FOR DAMAGES TO |
| nsheth | 12:b8721957653b | 216 | LICENSEE FOR ANY AND ALL CAUSES WHATSOEVER, REGARDLESS OF THE FORM OF |
| nsheth | 12:b8721957653b | 217 | ANY CLAIMS OR ACTIONS, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00 U.S.). ANALOG |
| nsheth | 12:b8721957653b | 218 | DEVICES’ AFFILIATES, LICENSORS AND SUPPLIERS SHALL HAVE NO LIABILITY |
| nsheth | 12:b8721957653b | 219 | WHATSOEVER UNDER THIS AGREEMENT OR IN CONNECTION WITH THE LICENSED |
| nsheth | 12:b8721957653b | 220 | SOFTWARE OR ITS USE. |
| nsheth | 12:b8721957653b | 221 | (c) Some jurisdictions do not permit the exclusion or limitation of liability for consequential, |
| nsheth | 12:b8721957653b | 222 | incidental or other damages, and, as such, some portion of the above limitation may not apply to |
| nsheth | 12:b8721957653b | 223 | Licensee. In such jurisdictions, Analog Devices' liability is limited to the greatest extent permitted |
| nsheth | 12:b8721957653b | 224 | by law. |
| nsheth | 12:b8721957653b | 225 | 12. Choice of Law. This Agreement and any dispute related to the Licensed Software shall be |
| nsheth | 12:b8721957653b | 226 | governed by the laws of the Commonwealth of Massachusetts, United States of America, without |
| nsheth | 12:b8721957653b | 227 | reference to its principles of conflicts of laws, and, as to matters affecting copyrights, trademarks |
| nsheth | 12:b8721957653b | 228 | and patents, in addition, by applicable United States federal law. The parties agree that the |
| nsheth | 12:b8721957653b | 229 | jurisdiction and venue of any action with respect to this Agreement shall be in a court of competent |
| nsheth | 12:b8721957653b | 230 | subject matter jurisdiction located in Boston, Massachusetts, and each of the parties hereby agrees |
| nsheth | 12:b8721957653b | 231 | to submit itself to the exclusive jurisdiction and venue of such courts for the purpose of any such |
| nsheth | 12:b8721957653b | 232 | action, except that Analog Devices may seek equitable (including injunctive) relief and enforce |
| nsheth | 12:b8721957653b | 233 | judgements in any venue of its choosing. Licensee hereby submits to personal jurisdiction in such |
| nsheth | 12:b8721957653b | 234 | courts. The parties hereto specifically exclude the United Nations Convention on Contracts for the |
| nsheth | 12:b8721957653b | 235 | International Sale of Goods and the Uniform Computer Information Transactions Act from this |
| nsheth | 12:b8721957653b | 236 | Agreement. The parties hereto waive any statute, law, or regulation that might provide an |
| nsheth | 12:b8721957653b | 237 | alternative law or forum or to have this Agreement written in any language other than English. |
| nsheth | 12:b8721957653b | 238 | 13. U.S. Government Restricted Rights. If the Licensed Software or documentation provided by |
| nsheth | 12:b8721957653b | 239 | Analog Devices or its suppliers is procured by or on behalf of the United States Government, the |
| nsheth | 12:b8721957653b | 240 | Government agrees that such software or documentation is “commercial computer software” or |
| nsheth | 12:b8721957653b | 241 | “commercial computer software documentation” and that absent a written agreement to the |
| nsheth | 12:b8721957653b | 242 | contrary, the Government’s rights with respect to such Licensed Software or documentation are |
| nsheth | 12:b8721957653b | 243 | limited by the terms of this Agreement, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202- |
| nsheth | 12:b8721957653b | 244 | 1(a), as applicable. |
| nsheth | 12:b8721957653b | 245 | 14. Export. Licensee shall only use the Licensed Software in compliance with all applicable laws |
| nsheth | 12:b8721957653b | 246 | and regulations, including without limitation export control laws. Licensee agrees that Licensee will |
| nsheth | 12:b8721957653b | 247 | not directly or indirectly export the Licensed Software to another country except in full compliance |
| nsheth | 12:b8721957653b | 248 | with all applicable United States Federal Laws and Regulations and other laws and regulations |
| nsheth | 12:b8721957653b | 249 | relating to exports and imports. Licensee will not export/re-export, directly or indirectly, any |
| nsheth | 12:b8721957653b | 250 | software, information or technical data acquired under this Agreement or the "direct product" |
| nsheth | 12:b8721957653b | 251 | thereof to any country for which the United States Government or any agency thereof, at the time |
| nsheth | 12:b8721957653b | 252 | of export, requires an export license or other governmental approval, without first obtaining such |
| nsheth | 12:b8721957653b | 253 | license or approval. The term "direct product" as used herein means the immediate product |
| nsheth | 12:b8721957653b | 254 | (including processes and services) produced directly by the use of the technical data or |
| nsheth | 12:b8721957653b | 255 | information. In addition to the above, the Licensed Software and/or any "direct product" thereof, |
| nsheth | 12:b8721957653b | 256 | may not be used by, or exported, transferred or re-exported to (i) any U.S. or U.N. or EU-sanctioned |
| nsheth | 12:b8721957653b | 257 | or embargoed country, or to nationals or residents of such countries; (ii) any person , entity, |
| nsheth | 12:b8721957653b | 258 | organization, or other party identified on the U.S. Department of Treasury’s lists of “Specially |
| nsheth | 12:b8721957653b | 259 | Designated Nationals and Blocked Persons” (iii) any associations, individuals, companies, entities, |
| nsheth | 12:b8721957653b | 260 | organizations found in the U.S. Department of Commerce’s Table of Denial Orders or Entity List, |
| nsheth | 12:b8721957653b | 261 | as published and revised from time to time (collectively known as the "Denied Parties List" or |
| nsheth | 12:b8721957653b | 262 | "Prohibited Parties List"); and/or (iv) any unauthorized or prohibited end-user engaged in any |
| nsheth | 12:b8721957653b | 263 | prohibited activities related to weapons of mass destruction, including without limitation, activities |
| nsheth | 12:b8721957653b | 264 | related to the design, development, production or use of nuclear weapons, materials, or facilities, |
| nsheth | 12:b8721957653b | 265 | missile or the support of missile projects, and chemical or biological weapons. Licensee |
| nsheth | 12:b8721957653b | 266 | understands that the foregoing obligations are legal requirements and agree that they shall survive |
| nsheth | 12:b8721957653b | 267 | any expiration or termination of this Agreement. |
| nsheth | 12:b8721957653b | 268 | 15. Compliance with Laws; Taxes. Licensee shall comply with all laws, legislation, rules, |
| nsheth | 12:b8721957653b | 269 | regulations, governmental requirements and industry standards with respect to the Licensed |
| nsheth | 12:b8721957653b | 270 | Software, and the performance by Licensee of its obligations hereunder, existing in any applicable |
| nsheth | 12:b8721957653b | 271 | jurisdiction. In the event that this Agreement is required to be registered with any governmental |
| nsheth | 12:b8721957653b | 272 | authority, Licensee shall notify Analog Devices in writing and cause such registration to be made |
| nsheth | 12:b8721957653b | 273 | and shall bear any expense or tax payable in respect thereof. Licensee shall bear any and all |
| nsheth | 12:b8721957653b | 274 | expenses and pay any and all taxes that may be payable in relation to this Agreement. |
| nsheth | 12:b8721957653b | 275 | 16. Assignment. This Agreement is personal to Licensee and Licensee may not transfer, |
| nsheth | 12:b8721957653b | 276 | sublicense, lease, rent, or assign its rights under this Agreement, and any such attempt shall be |
| nsheth | 12:b8721957653b | 277 | null and void. Analog Devices may assign, transfer, or sublicense this Agreement or any rights or |
| nsheth | 12:b8721957653b | 278 | obligations hereunder at any time in its sole discretion. |
| nsheth | 12:b8721957653b | 279 | 17. Waiver; Modification; Severability. No waiver, consent, modification or change of terms of this |
| nsheth | 12:b8721957653b | 280 | Agreement shall bind either party unless in writing signed by both parties, and then such waiver, |
| nsheth | 12:b8721957653b | 281 | consent, modification or change shall be effective only in the specific instance and for the specific |
| nsheth | 12:b8721957653b | 282 | purpose given. If any provision of this Agreement is unenforceable, such provision shall be |
| nsheth | 12:b8721957653b | 283 | enforced to the extent possible under applicable law, and the remaining provisions will remain in |
| nsheth | 12:b8721957653b | 284 | effect. |
| nsheth | 12:b8721957653b | 285 | 18. Audit. Analog Devices shall have the right upon ten (10) days prior written notice to audit |
| nsheth | 12:b8721957653b | 286 | Licensee’s compliance with the terms of this Agreement during normal business hours. In |
| nsheth | 12:b8721957653b | 287 | connection with such audit, Analog Devices shall have access to all reasonably requested |
| nsheth | 12:b8721957653b | 288 | documents, equipment, information and personnel. If requested by Analog Devices, within ten |
| nsheth | 12:b8721957653b | 289 | business days of such request, Licensee shall either (i) certify in writing that Licensee is fully |
| nsheth | 12:b8721957653b | 290 | compliant with this Agreement or (ii) deliver a notice in writing stating all of the reasons why |
| nsheth | 12:b8721957653b | 291 | Licensee is not fully compliant. |
| nsheth | 12:b8721957653b | 292 | 19. Entire Agreement. This Agreement constitutes the entire, final, and complete agreement |
| nsheth | 12:b8721957653b | 293 | between the parties hereto relevant to the subject matter hereof, and supersedes any and all other |
| nsheth | 12:b8721957653b | 294 | agreements, either oral or in writing, between the parties with respect to the subject matter of this |
| nsheth | 12:b8721957653b | 295 | Agreement. Any term or condition incorporated in Licensee’s purchase order(s) or any other |
| nsheth | 12:b8721957653b | 296 | document provided by Licensee to Analog Devices which is in any way different from, inconsistent |
| nsheth | 12:b8721957653b | 297 | with or in addition to the terms and conditions set forth herein shall be of no effect, shall not apply |
| nsheth | 12:b8721957653b | 298 | to the licensing of the Licensed Software, and shall not become a part of a contract between the |
| nsheth | 12:b8721957653b | 299 | parties or be binding upon Analog Devices. Analog Devices’ failure to object to terms contained in |
| nsheth | 12:b8721957653b | 300 | any communication from Licensee shall not be an acceptance of such terms or a waiver of the |
| nsheth | 12:b8721957653b | 301 | terms set forth in this Agreement. If, for any reason, any provision of this Agreement is held invalid, |
| nsheth | 12:b8721957653b | 302 | such invalidity shall not affect the remainder of this Agreement, and this Agreement shall continue |
| nsheth | 12:b8721957653b | 303 | in force and effect to the full extent allowed by law. For the avoidance of doubt, all the Licensed |
| nsheth | 12:b8721957653b | 304 | Software under this Agreement is subject to the terms and conditions of this Agreement and not |
| nsheth | 12:b8721957653b | 305 | any agreement or terms for purchase of Analog Devices products, even if the Licensed Software |
| nsheth | 12:b8721957653b | 306 | is delivered with such products. |
| Kjansen45 | 0:a74ad5b8dc7b | 307 | |
| nsheth | 12:b8721957653b | 308 | Appendix A – Third Party License |
| Kjansen45 | 0:a74ad5b8dc7b | 309 | Mbed-OS |
| nsheth | 12:b8721957653b | 310 | Download page: https://github.com/ARMmbed/mbed-os/ |
| nsheth | 12:b8721957653b | 311 | Online license: https://github.com/ARMmbed/mbed-os/blob/master/LICENSE-apache-2.0.txt |
| Kjansen45 | 0:a74ad5b8dc7b | 312 | Apache License 2.0 |
| Kjansen45 | 0:a74ad5b8dc7b | 313 | Apache License |
| Kjansen45 | 0:a74ad5b8dc7b | 314 | Version 2.0, January 2004 |
| Kjansen45 | 0:a74ad5b8dc7b | 315 | http://www.apache.org/licenses/ |
| Kjansen45 | 0:a74ad5b8dc7b | 316 | TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION |
| Kjansen45 | 0:a74ad5b8dc7b | 317 | 1. Definitions. |
| Kjansen45 | 0:a74ad5b8dc7b | 318 | "License" shall mean the terms and conditions for use, reproduction, and |
| Kjansen45 | 0:a74ad5b8dc7b | 319 | distribution as defined by Sections 1 through 9 of this document. |
| Kjansen45 | 0:a74ad5b8dc7b | 320 | "Licensor" shall mean the copyright owner or entity authorized by the copyright |
| Kjansen45 | 0:a74ad5b8dc7b | 321 | owner that is granting the License. |
| Kjansen45 | 0:a74ad5b8dc7b | 322 | "Legal Entity" shall mean the union of the acting entity and all other entities |
| Kjansen45 | 0:a74ad5b8dc7b | 323 | that control, are controlled by, or are under common control with that entity. |
| Kjansen45 | 0:a74ad5b8dc7b | 324 | For the purposes of this definition, "control" means (i) the power, direct or |
| Kjansen45 | 0:a74ad5b8dc7b | 325 | indirect, to cause the direction or management of such entity, whether by |
| Kjansen45 | 0:a74ad5b8dc7b | 326 | contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the |
| Kjansen45 | 0:a74ad5b8dc7b | 327 | outstanding shares, or (iii) beneficial ownership of such entity. |
| Kjansen45 | 0:a74ad5b8dc7b | 328 | "You" (or "Your") shall mean an individual or Legal Entity exercising |
| Kjansen45 | 0:a74ad5b8dc7b | 329 | permissions granted by this License. |
| Kjansen45 | 0:a74ad5b8dc7b | 330 | "Source" form shall mean the preferred form for making modifications, including |
| Kjansen45 | 0:a74ad5b8dc7b | 331 | but not limited to software source code, documentation source, and configuration |
| Kjansen45 | 0:a74ad5b8dc7b | 332 | files. |
| Kjansen45 | 0:a74ad5b8dc7b | 333 | "Object" form shall mean any form resulting from mechanical transformation or |
| Kjansen45 | 0:a74ad5b8dc7b | 334 | translation of a Source form, including but not limited to compiled object code, |
| Kjansen45 | 0:a74ad5b8dc7b | 335 | generated documentation, and conversions to other media types. |
| Kjansen45 | 0:a74ad5b8dc7b | 336 | "Work" shall mean the work of authorship, whether in Source or Object form, made |
| Kjansen45 | 0:a74ad5b8dc7b | 337 | available under the License, as indicated by a copyright notice that is included |
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| Kjansen45 | 0:a74ad5b8dc7b | 339 | "Derivative Works" shall mean any work, whether in Source or Object form, that |
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| Kjansen45 | 0:a74ad5b8dc7b | 341 | annotations, elaborations, or other modifications represent, as a whole, an |
| Kjansen45 | 0:a74ad5b8dc7b | 342 | original work of authorship. For the purposes of this License, Derivative Works |
| Kjansen45 | 0:a74ad5b8dc7b | 343 | shall not include works that remain separable from, or merely link (or bind by |
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| Kjansen45 | 0:a74ad5b8dc7b | 345 | "Contribution" shall mean any work of authorship, including the original version |
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| Kjansen45 | 0:a74ad5b8dc7b | 350 | "submitted" means any form of electronic, verbal, or written communication sent |
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| Kjansen45 | 0:a74ad5b8dc7b | 357 | "Contributor" shall mean Licensor and any individual or Legal Entity on behalf |
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| Kjansen45 | 0:a74ad5b8dc7b | 359 | incorporated within the Work. |
| Kjansen45 | 0:a74ad5b8dc7b | 360 | 2. Grant of Copyright License. |
| Kjansen45 | 0:a74ad5b8dc7b | 361 | Subject to the terms and conditions of this License, each Contributor hereby |
| Kjansen45 | 0:a74ad5b8dc7b | 362 | grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, |
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| Kjansen45 | 0:a74ad5b8dc7b | 379 | 4. Redistribution. |
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| Kjansen45 | 0:a74ad5b8dc7b | 409 | 5. Submission of Contributions. |
| Kjansen45 | 0:a74ad5b8dc7b | 410 | Unless You explicitly state otherwise, any Contribution intentionally submitted |
| Kjansen45 | 0:a74ad5b8dc7b | 411 | for inclusion in the Work by You to the Licensor shall be under the terms and |
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| Kjansen45 | 0:a74ad5b8dc7b | 413 | Notwithstanding the above, nothing herein shall supersede or modify the terms of |
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| Kjansen45 | 0:a74ad5b8dc7b | 416 | 6. Trademarks. |
| Kjansen45 | 0:a74ad5b8dc7b | 417 | This License does not grant permission to use the trade names, trademarks, |
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| Kjansen45 | 0:a74ad5b8dc7b | 421 | 7. Disclaimer of Warranty. |
| Kjansen45 | 0:a74ad5b8dc7b | 422 | Unless required by applicable law or agreed to in writing, Licensor provides the |
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| nsheth | 12:b8721957653b | 427 | You are |
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