Diff: connectivity-utilities/EULA.txt

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+CYPRESS (AN INFINEON COMPANY) END USER LICENSE AGREEMENT
+
+PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE
+DOWNLOADING, INSTALLING, COPYING, OR USING THIS SOFTWARE AND ACCOMPANYING
+DOCUMENTATION.  BY DOWNLOADING, INSTALLING, COPYING 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 THIS LICENSE TO THE SOFTWARE, YOUR RIGHT TO RETURN THE
+SOFTWARE EXPIRES 30 DAYS AFTER YOUR PURCHASE AND APPLIES ONLY TO THE ORIGINAL
+PURCHASER.
+
+1. Definitions.
+
+    "Software" means this software and any accompanying documentation,
+      including any upgrades, updates, bug fixes or modified versions provided
+      to you by Cypress.
+
+    "Source Code" means software in human-readable form.
+
+    "Binary Code" means the software in binary code form such as object code or
+      an executable.
+
+    "Development Tools" means software that is intended to be installed on a
+      personal computer and used to create programming code for Firmware,
+      Drivers, or Host Applications.  Examples of Development Tools are
+      Cypress's PSoC Creator software, Cypress's WICED SDKs, and Cypress's
+      ModusToolbox software.
+
+    "Firmware" means software that executes on a Cypress hardware product.
+
+    "Driver" means software that enables the use of a Cypress hardware product
+      on a particular host operating system such as GNU/Linux, Windows, MacOS,
+      Android, and iOS.
+
+    "Host Application" means software that executes on a device other than a
+      Cypress hardware product in order to program, control, or communicate
+      with a Cypress hardware product.
+
+    "inf File" means a hardware setup information file (.inf file) created by
+      the Software to allow a Microsoft Windows operating system to install
+      the driver for a Cypress hardware product.
+
+2. License.  Subject to the terms and conditions of this Agreement, Cypress
+Semiconductor Corporation ("Cypress") and its suppliers grant to you a
+non-exclusive, non-transferable license under their copyright rights:
+
+    a. to use the Development Tools in object code form solely for the purpose
+       of creating Firmware, Drivers, Host Applications, and inf Files for
+       Cypress hardware products; and
+
+    b. (i) if provided in Source Code form, to copy, modify, and compile the
+           Firmware Source Code to create Firmware for execution on a Cypress
+           hardware product, and
+      (ii) to distribute Firmware in binary code form only, only when
+           installed onto a Cypress hardware product; and
+
+    c. (i) if provided in Source Code form, to copy, modify, and compile the
+           Driver Source Code to create one or more Drivers to enable the use
+           of a Cypress hardware product on a particular host operating
+           system, and
+      (ii) to distribute the Driver, in binary code form only, only when
+           installed on a device that includes the Cypress hardware product
+           that the Driver is intended to enable; and
+
+    d. (i) if provided in Source Code form, to copy, modify, and compile the
+           Host Application Source Code to create one or more Host
+           Applications to program, control, or communicate with a Cypress
+           hardware product, and
+      (ii) to distribute Host Applications, in binary code form only, only
+           when installed on a device that includes a Cypress hardware product
+           that the Host Application is intended to program, control, or
+           communicate with; and
+
+    e. to freely distribute any inf File.
+
+Any distribution of Software permitted under this Agreement must be made
+pursuant to your standard end user license agreement used for your proprietary
+(closed source) software products, such end user license agreement to include,
+at a minimum, provisions limiting your licensors' liability and prohibiting
+reverse engineering of the Software, consistent with such provisions in this
+Agreement.
+
+3. 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
+or other licenses from third parties ("Third Party Software").  Third Party
+Software is subject to the applicable license agreement and not this
+Agreement.  If you are entitled to receive the source code from Cypress for
+any Third Party Software 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 Third Party Software for which Cypress is not required to
+provide you with source code, please see the Software's installation directory
+on your computer.
+
+4. Proprietary Rights; Ownership.  The Software, including all intellectual
+property rights therein, is and will remain the sole and exclusive property of
+Cypress or its suppliers.  Cypress retains ownership of the Source Code and
+any compiled version thereof.  Subject to Cypress' ownership of the underlying
+Software (including Source Code), you retain ownership of any modifications
+you make to the Source Code.  You agree not to remove any Cypress copyright or
+other notices from the Source Code and any modifications thereof.  You agree
+to keep the Source Code confidential.  Any reproduction, modification,
+translation, compilation, or representation of the Source Code except as
+permitted in Section 2 ("License") is prohibited without the express written
+permission of Cypress.  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 or any sample code other than for the Purpose.
+You hereby covenant that you will not assert any claim that the Software, or
+derivative works thereof created by or for Cypress, infringe any intellectual
+property right owned or controlled by you
+
+5. No Support.  Cypress may, but is not required to, provide technical support
+for the Software.
+
+6. Term and Termination.  This Agreement is effective until terminated, and
+either party may terminate this Agreement at any time with or without cause.
+This Agreement and your license rights under this Agreement 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.  The following paragraphs shall
+survive any termination of this Agreement: "Free and Open Source Software,"
+"Proprietary Rights; Ownership," "Compliance With Law," "Disclaimer,"
+"Limitation of Liability," and "General."
+
+7. 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.
+
+8. 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.  It is the
+responsibility of the user of the Software to properly design, program, and
+test the functionality and safety of any application made of the Software and
+any resulting product.  Cypress does not authorize its Software or products
+for use in any products where a malfunction or failure of the Software or
+Cypress product may reasonably be expected to result in significant property
+damage, injury or death ("High Risk Product").  If you include any Software or
+Cypress product in a High Risk Product, you assume all risk of such use and
+agree to indemnify Cypress and its suppliers against all liability.  No
+computing device can be absolutely secure.  Therefore, despite security
+measures implemented in Cypress hardware or software products, Cypress does
+not assume any liability arising out of any security breach, such as
+unauthorized access to or use of a Cypress product.
+
+9. Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
+LAW, 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 OR RELATED TO 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 GREATER OF US$500 OR 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,
+ALL OR PORTIONS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
+
+10. Restricted Rights.  The Software is commercial computer software as that
+term is described in 48 C.F.R. 252.227-7014(a)(1).  If the Software is being
+acquired by or on behalf of the U.S. Government or by a U.S. Government prime
+contractor or subcontractor (at any tier), then the Government's rights in
+Software shall be only those set forth in this Agreement.
+
+11. Personal Information.  You agree that information you provide through your
+registration on Cypress IoT Community Forum or other Cypress websites,
+including contact information or other personal information, may be collected
+and used by Cypress consistent with its Data Privacy Policy
+(www.cypress.com/privacy-policy), as updated or revised from time to time, and
+may be provided to its third party sales representatives, distributors and
+other entities conducting sales activities for Cypress for sales-related and
+other business purposes.
+
+12. 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 of this Agreement 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.