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Makefile changes.
License edit in stellaris_common
This commit is contained in:
parent
8e24860266
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dad274ccea
@ -1,6 +1,6 @@
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# define the cpu used by the ek-lm4f120xl board
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export CPU = lm4f120
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export CPU_MODEL = lm4f120
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export CPU_MODEL = LM4F120H5QR
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#define the default port depending on the host OS
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PORT_LINUX ?= /dev/ttyACM0
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@ -14,10 +14,3 @@ include $(RIOTBOARD)/Makefile.include.openocd
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# include cortex defaults
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include $(RIOTBOARD)/Makefile.include.cortexm_common
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# define stellaris specific flags and includes
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export STELLARISWARE = $(RIOTCPU)/stellaris_common/include
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# define build specific options
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PART = LM4F120H5QR
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export CFLAGS += -I$(STELLARISWARE) -DPART_$(PART) -c -DTARGET_IS_BLIZZARD_RA1
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@ -4,3 +4,4 @@ export CPU_ARCH = cortex-m4f
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USEMODULE += hwtimer_compat
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include $(RIOTCPU)/Makefile.include.cortexm_common
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include $(RIOTCPU)/stellaris_common/Makefile
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@ -1,400 +0,0 @@
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TI StellarisWare Clickwrap Software License Agreement (SLA)
|
||||
|
||||
Important - This is a legally binding agreement. Read it carefully. After you
|
||||
read the following terms, you will be asked whether you are authorized to
|
||||
commit your company to abide by the following terms. THIS AGREEMENT IS
|
||||
DISPLAYED FOR YOU TO READ PRIOR TO DOWNLOADING OR USING THE "LICENSED
|
||||
MATERIALS".
|
||||
|
||||
DO NOT DOWNLOAD OR INSTALL the software programs unless you agree on behalf of
|
||||
yourself and your company to be bound by the terms of this License Agreement.
|
||||
|
||||
DO NOT CLICK "I AGREE" UNLESS:
|
||||
|
||||
1. YOU ARE AUTHORIZED TO AGREE TO THE TERMS OF THIS LICENSE ON BEHALF OF
|
||||
YOURSELF AND YOUR COMPANY; AND
|
||||
|
||||
2. YOU INTEND TO ENTER THIS LEGALLY BINDING AGREEMENT ON BEHALF OF YOURSELF AND
|
||||
YOUR COMPANY.
|
||||
|
||||
Important - Read carefully: This software license agreement ("Agreement") is a
|
||||
legal agreement between you (either an individual or entity) and Texas
|
||||
Instruments Incorporated ("TI"). The "Licensed Materials" subject to this
|
||||
Agreement include the software programs TI has granted you access to download
|
||||
and any "on-line" or electronic documentation associated with these programs,
|
||||
or any portion thereof, and may also include hardware, reference designs and
|
||||
associated documentation. The Licensed Materials are specifically designed and
|
||||
licensed for use solely and exclusively with microprocessor/microcontroller
|
||||
devices manufactured by or for TI ("TI Devices"). By installing, copying or
|
||||
otherwise using the Licensed Materials you agree to abide by the provisions set
|
||||
forth herein. This Agreement is displayed for you to read prior to using the
|
||||
Licensed Materials. If you choose not to accept or agree with these provisions,
|
||||
do not download or install the Licensed Materials.
|
||||
|
||||
1. Delivery. TI may deliver the Licensed Materials, or portions thereof, to you
|
||||
electronically.
|
||||
|
||||
2. License Grant and Use Restrictions.
|
||||
|
||||
a. Limited Source Code License. Subject to the terms of this Agreement, and
|
||||
commencing as of the Effective Date and continuing for the term of this
|
||||
Agreement, TI hereby grants to you a limited, free, non-transferable,
|
||||
non-exclusive, non-assignable, non-sub-licensable license to make copies,
|
||||
prepare derivative works, display internally and use internally the Licensed
|
||||
Materials provided to you in source code for the sole purposes of designing and
|
||||
developing object and executable versions of such Licensed Materials or any
|
||||
derivative thereof, that execute solely and exclusively on TI Devices used in
|
||||
Customer Product(s), and maintaining and supporting such Licensed Materials, or
|
||||
any derivative thereof, and Customer Product(s). "Customer Product" means a
|
||||
final product distributed by or for you that consists of both hardware,
|
||||
including one or more TI Devices, and software components, including only
|
||||
executable versions of the Licensed Materials that execute solely and
|
||||
exclusively on or with such TI Devices and not on devices manufactured by or
|
||||
for an entity other than TI.
|
||||
|
||||
b. Production and Distribution License. Subject to the terms of this Agreement,
|
||||
and commencing as of the Effective Date and continuing for the term of this
|
||||
Agreement, TI hereby grants to you a free, non-exclusive, non-transferable,
|
||||
non-assignable, worldwide license to:
|
||||
|
||||
(i). Use object code versions of the Licensed Materials, or any derivative
|
||||
thereof, to make copies, display internally, evaluate, test, distribute
|
||||
internally and use internally for the sole purposes of designing and developing
|
||||
Customer Product(s), and maintaining and supporting the Licensed Materials and
|
||||
Customer Product(s);
|
||||
|
||||
(ii). Make copies, use, sell, offer to sell, and otherwise distribute object
|
||||
code and executable versions of the Licensed Materials, or any derivative
|
||||
thereof, for use in or with Customer Product(s), provided that such Licensed
|
||||
Materials are embedded in or only used with Customer Product(s), and provided
|
||||
further that such Licensed Materials execute solely and exclusively on a TI
|
||||
Device and not on any device manufactured by or for an entity other than TI.
|
||||
|
||||
c. Demonstration License. Subject to the terms of this Agreement, and
|
||||
commencing as of the Effective Date and continuing for the term of this
|
||||
Agreement, TI grants to you a free, non-transferable, non-exclusive,
|
||||
non-assignable, non-sub-licensable worldwide license to demonstrate to third
|
||||
parties the Licensed Materials as they are used in Customer Products executing
|
||||
solely and exclusively on TI Devices, provided that such Licensed Materials are
|
||||
demonstrated in object or executable versions only.
|
||||
|
||||
d. Reference Design Use License. Subject to the terms of this Agreement, and
|
||||
commencing as of the Effective Date and continuing for the term of this
|
||||
Agreement, TI hereby grants to you a free, non-transferable, non-exclusive,
|
||||
non-assignable, non-sub-licensable worldwide license to:
|
||||
|
||||
(i). use the Licensed Materials to design, develop, manufacture or have
|
||||
manufactured, sell, offer to sell, or otherwise distribute Customer Product(s)
|
||||
or product designs, including portions or derivatives of the Licensed Materials
|
||||
as they are incorporated in or used with Customer Product(s), provided such
|
||||
Customer Products or product designs utilize a TI Device.
|
||||
|
||||
e. Contractors and Suppliers. The licenses granted to you hereunder shall
|
||||
include your on-site and off-site suppliers and independent contractors, while
|
||||
such suppliers and independent contractors are performing work for or providing
|
||||
services to you, provided that such suppliers and independent contractors have
|
||||
executed work-for-hire agreements with you containing terms and conditions not
|
||||
inconsistent with the terms and conditions set forth is this Agreement and
|
||||
provided further that such contractors may provide work product to only you
|
||||
under such work-for-hire agreements.
|
||||
|
||||
f. No Other License. Notwithstanding anything to the contrary, nothing in this
|
||||
Agreement shall be construed as a license to any intellectual property rights
|
||||
of TI other than those rights embodied in the Licensed Materials provided to
|
||||
you by TI. EXCEPT AS PROVIDED HEREIN, NO OTHER LICENSE, EXPRESS OR IMPLIED, BY
|
||||
ESTOPPEL OR OTHERWISE, TO ANY OTHER TI INTELLECTUAL PROPERTY RIGHTS IS GRANTED
|
||||
HEREIN.
|
||||
|
||||
g. Restrictions. You shall maintain the source code versions of the Licensed
|
||||
Materials under password control protection and shall not disclose such source
|
||||
code versions of the Licensed Materials, or any derivative thereof, to any
|
||||
person other than your employees and contractors whose job performance requires
|
||||
access. You shall not use the Licensed Materials with a processing device
|
||||
manufactured by or for an entity other than TI, and you agree that any such
|
||||
unauthorized use of the Licensed Materials is a material breach of this
|
||||
Agreement. Except as expressly provided in this Agreement, you shall not copy,
|
||||
publish, disclose, display, provide, transfer or make available the Licensed
|
||||
Materials to any third party and you shall not sublicense, transfer, or assign
|
||||
the Licensed Materials or your rights under this Agreement to any third party.
|
||||
You shall not mortgage, pledge or encumber the Licensed Materials in any way.
|
||||
You shall not (i) incorporate, combine, or distribute the Licensed Materials,
|
||||
or any derivative thereof, with any Public Software, or (ii) use Public
|
||||
Software in the development of any derivatives of the Licensed Materials, each
|
||||
in such a way that would cause the Licensed Materials, or any derivative
|
||||
thereof, to be subject to all or part of the license obligations or other
|
||||
intellectual property related terms with respect to such Public Software,
|
||||
including but not limited to, the obligations that the Licensed Materials, or
|
||||
any derivative thereof, incorporated into, combined, or distributed with such
|
||||
Public Software (x) be disclosed or distributed in source code form, be
|
||||
licensed for the purpose of making derivatives of such software, or be
|
||||
redistributed free of charge, contrary to the terms and conditions of this
|
||||
Agreement, (y) be used with devices other than TI Devices, or (z) be otherwise
|
||||
used or distributed in a manner contrary to the terms and conditions of this
|
||||
Agreement. As used in this Section 2(g), "Public Software" means any software
|
||||
that contains, or is derived in whole or in part from, any software distributed
|
||||
as open source software, including but not limited to software licensed under
|
||||
the following or similar models: (A) GNU's General Public License (GPL) or
|
||||
Lesser/Library GPL (LGPL), (B) the Artistic License (e.g., PERL), (C) the
|
||||
Mozilla Public License, (D) the Netscape Public License, (E) the Sun Community
|
||||
Source License (SCSL), (F) the Sun Industry Standards Source License (SISL),
|
||||
(G) the Apache Server license, (H) QT Free Edition License, (I) IBM Public
|
||||
License, and (J) BitKeeper.
|
||||
|
||||
h. Termination. This Agreement is effective until terminated. You may terminate
|
||||
this Agreement at any time by written notice to TI. Without prejudice to any
|
||||
other rights, if you fail to comply with the terms of this Agreement, TI may
|
||||
terminate your right to use the Licensed Materials upon written notice to you.
|
||||
Upon termination of this Agreement, you will destroy any and all copies of the
|
||||
Licensed Materials in your possession, custody or control and provide to TI a
|
||||
written statement signed by your authorized representative certifying such
|
||||
destruction. The following sections will survive any expiration or termination
|
||||
of this Agreement: 2(h) (Termination), 3 (Licensed Materials Ownership), 6
|
||||
(Warranties and Limitations), 7 (Indemnification Disclaimer), 10 (Export
|
||||
Control), 11 (Governing Law and Severability), 12 (PRC Provisions), and 13
|
||||
(Entire Agreement). The obligations set forth in Section 5 (Confidential
|
||||
Information) will survive any expiration or termination of this Agreement for
|
||||
three (3) years after such expiration or termination.
|
||||
|
||||
3. Licensed Materials Ownership. The Licensed Materials are licensed, not sold
|
||||
to you, and can only be used in accordance with the terms of this Agreement.
|
||||
Subject to the licenses granted to you pursuant to this Agreement, TI and TI's
|
||||
licensors own and shall continue to own all right, title, and interest in and
|
||||
to the Licensed Materials, including all copies thereof. The parties agree that
|
||||
all fixes, modifications and improvements to the Licensed Materials conceived
|
||||
of or made by TI that are based, either in whole or in part, on your feedback,
|
||||
suggestions or recommendations are the exclusive property of TI and all right,
|
||||
title and interest in and to such fixes, modifications or improvements to the
|
||||
Licensed Materials will vest solely in TI. Moreover, you acknowledge and agree
|
||||
that when your independently developed software or hardware components are
|
||||
combined, in whole or in part, with the Licensed Materials, your right to use
|
||||
the Licensed Materials embodied in such resulting combined work shall remain
|
||||
subject to the terms and conditions of this Agreement.
|
||||
|
||||
4. Intellectual Property Rights.
|
||||
|
||||
a. The Licensed Materials contain copyrighted material, trade secrets and other
|
||||
proprietary information of TI and TI's licensors and are protected by copyright
|
||||
laws, international copyright treaties, and trade secret laws, as well as other
|
||||
intellectual property laws. To protect TI's and TI's licensors' rights in the
|
||||
Licensed Materials, you agree, except as specifically permitted by statute by a
|
||||
provision that cannot be waived by contract, not to "unlock", decompile,
|
||||
reverse engineer, disassemble or otherwise translate any portions of the
|
||||
Licensed Materials to a human-perceivable form nor to permit any person or
|
||||
entity to do so. You shall not remove, alter, cover, or obscure any
|
||||
confidentiality, trade secret, proprietary, or copyright notices, trade-marks,
|
||||
proprietary, patent, or other identifying marks or designs from any component
|
||||
of the Licensed Materials and you shall reproduce and include in all copies of
|
||||
the Licensed Materials the copyright notice(s) and proprietary legend(s) of TI
|
||||
and TI's licensors as they appear in the Licensed Materials. TI reserves all
|
||||
rights not specifically granted under this Agreement.
|
||||
|
||||
b. Third parties may claim to own patents, copyrights, or other intellectual
|
||||
property rights that cover the implementation of certain Licensed Materials.
|
||||
Certain Licensed Materials may also be based on industry recognized standards,
|
||||
including but not limited to specifically the ISO MPEG and ITU standards, and
|
||||
software programs published by industry recognized standards bodies and certain
|
||||
third parties claim to own patents, copyrights, and other intellectual property
|
||||
rights that cover implementation of those standards. You acknowledge and agree
|
||||
that this Agreement does not convey a license to any such third party patents,
|
||||
copyrights, and other intellectual property rights and that you are solely
|
||||
responsible for any patent, copyright, or other intellectual property right
|
||||
claims that relate to your use and distribution of the Licensed Materials, and
|
||||
your use and distribution of your products that include or incorporate the
|
||||
Licensed Materials.
|
||||
|
||||
5. Confidential Information. You acknowledge and agree that the Licensed
|
||||
Materials contain trade secrets and other confidential information of TI and
|
||||
TI's licensors. You agree to use the Licensed Materials solely within the scope
|
||||
of the licenses set forth herein, to maintain the Licensed Materials in strict
|
||||
confidence, to use at least the same procedures and degree of care that you use
|
||||
to prevent disclosure of your own confidential information of like importance
|
||||
but in no instance less than reasonable care, and to prevent disclosure of the
|
||||
Licensed Materials to any third party, except as may be necessary and required
|
||||
in connection with your rights and obligations hereunder. You agree to obtain
|
||||
executed confidentiality agreements with your employees and contractors having
|
||||
access to the Licensed Materials and to diligently take steps to enforce such
|
||||
agreements in this respect. TI agrees that the employment agreements used in
|
||||
the normal course of your business shall satisfy the requirements of this
|
||||
section. TI may disclose your contact information to TI's applicable licensors.
|
||||
|
||||
6. Warranties and Limitations. YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED
|
||||
MATERIALS MAY NOT BE INTENDED FOR PRODUCTION APPLICATIONS AND MAY CONTAIN
|
||||
IRREGULARITIES AND DEFECTS NOT FOUND IN PRODUCTION SOFTWARE. FURTHERMORE, YOU
|
||||
ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS HAVE NOT BEEN TESTED OR
|
||||
CERTIFIED BY ANY GOVERNMENT AGENCY OR INDUSTRY REGULATORY ORGANIZATION OR ANY
|
||||
OTHER THIRD PARTY ORGANIZATION. YOU AGREE THAT PRIOR TO USING, INCORPORATING OR
|
||||
DISTRIBUTING THE LICENSED MATERIALS IN OR WITH ANY COMMERCIAL PRODUCT THAT YOU
|
||||
WILL THOROUGHLY TEST THE PRODUCT AND THE FUNCTIONALITY OF THE LICENSED
|
||||
MATERIALS IN OR WITH THAT PRODUCT AND BE SOLELY RESPONSIBLE FOR ANY PROBLEMS OR
|
||||
FAILURES.
|
||||
|
||||
THE LICENSED MATERIALS AND ANY REALTED DOCUMENTATION ARE PROVIDED "AS IS" AND
|
||||
WITH ALL FAULTS. TI MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS,
|
||||
IMPLIED OR STATUTORY, REGARDING THE LICENSED MATERIALS, INCLUDING BUT NOT
|
||||
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
|
||||
PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES,
|
||||
RESULTS AND LACK OF NEGLIGENCE. TI DISCLAIMS ANY WARRANTY OF TITLE, QUIET
|
||||
ENJOYMENT, QUIET POSSESSION, AND NON-INFRINGEMENT OF ANY THIRD PARTY PATENTS,
|
||||
COPYRIGHTS, TRADE SECRETS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU AGREE TO
|
||||
USE YOUR INDEPENDENT JUDGMENT IN DEVELOPING YOUR PRODUCTS. NOTHING CONTAINED IN
|
||||
THIS AGREEMENT WILL BE CONSTRUED AS A WARRANTY OR REPRESENTATION BY TI TO
|
||||
MAINTAIN PRODUCTION OF ANY TI SEMICONDUCTOR DEVICE OR OTHER HARDWARE OR
|
||||
SOFTWARE WITH WHICH THE LICENSED MATERIALS MAY BE USED.
|
||||
|
||||
IN NO EVENT SHALL TI, OR ANY APPLICABLE LICENSOR, BE LIABLE FOR ANY SPECIAL,
|
||||
INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ON ANY
|
||||
THEORY OF LIABILITY, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE
|
||||
USE OF THE LICENSED MATERIALS, REGARDLESS OF WHETHER TI HAS BEEN ADVISED OF THE
|
||||
POSSIBILITY OF SUCH DAMAGES. EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO,
|
||||
COST OF REMOVAL OR REINSTALLATION, OUTSIDE COMPUTER TIME, LABOR COSTS, LOSS OF
|
||||
DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, OR LOSS OF USE OR
|
||||
INTERRUPTION OF BUSINESS. IN NO EVENT WILL TI'S AGGREGATE LIABILITY UNDER THIS
|
||||
AGREEMENT OR ARISING OUT OF YOUR USE OF THE LICENSED MATERIALS EXCEED FIVE
|
||||
HUNDRED U.S. DOLLARS (US$500). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT
|
||||
ENLARGE OR EXTEND THESE LIMITS.
|
||||
|
||||
Because some jurisdictions do not allow the exclusion or limitation of
|
||||
incidental or consequential damages or limitation on how long an implied
|
||||
warranty lasts, the above limitations or exclusions may not apply to you.
|
||||
|
||||
7. Indemnification Disclaimer. YOU ACKNOWLEDGE AND AGREE THAT TI SHALL NOT BE
|
||||
LIABLE FOR AND SHALL NOT DEFEND OR INDEMNIFY YOU AGAINST ANY THIRD PARTY
|
||||
INFRINGEMENT CLAIM THAT RELATES TO OR IS BASED ON YOUR MANUFACTURE, USE, OR
|
||||
DISTRIBUTION OF THE LICENSED MATERIALS OR YOUR MANUFACTURE, USE, OFFER FOR
|
||||
SALE, SALE, IMPORTATION OR DISTRIBUTION OF YOUR PRODUCTS THAT INCLUDE OR
|
||||
INCORPORATE THE LICENSED MATERIALS.
|
||||
|
||||
You will defend and indemnify TI in the event of claim, liability or costs
|
||||
(including reasonable attorney's fees related to Your use or any sub-licensee's
|
||||
use of the Licensed Materials) relating in any way to Your violation of the
|
||||
terms of the License Grants set forth in Section 2, or any other violation of
|
||||
other terms and conditions of this Agreement.
|
||||
|
||||
8. No Technical Support. TI and TI's licensors are under no obligation to
|
||||
install, maintain or support the Licensed Materials.
|
||||
|
||||
9. Notices. All notices to TI hereunder shall be delivered to Texas Instruments
|
||||
Incorporated, AEC Software Operations, 12203 Southwest Freeway, Mail Station
|
||||
701, Stafford, Texas 77477, Attention: Administrator, AEC Software Operations,
|
||||
with a copy to Texas Instruments Incorporated, 12203 Southwest Freeway, Mail
|
||||
Station 725, Stafford, Texas 77477, Attention: Legal Department. All notices
|
||||
shall be deemed served when received by TI.
|
||||
|
||||
10. Export Control. You hereby acknowledge that the Licensed Materials are
|
||||
subject to export control under the U.S. Commerce Department's Export
|
||||
Administration Regulations ("EAR"). You further hereby acknowledge and agree
|
||||
that unless prior authorization is obtained from the U.S. Commerce Department,
|
||||
neither you nor your customers will export, re-export, or release, directly or
|
||||
indirectly, any technology, software, or software source code (as defined in
|
||||
Part 772 of the EAR), received from TI, or export, directly or indirectly, any
|
||||
direct product of such technology, software, or software source code (as
|
||||
defined in Part 734 of the EAR), to any destination or country to which the
|
||||
export, re-export, or release of the technology, software, or software source
|
||||
code, or direct product is prohibited by the EAR. You agree that none of the
|
||||
Licensed Materials may be downloaded or otherwise exported or reexported (i)
|
||||
into (or to a national or resident of) Cuba, Iran, North Korea, Sudan and Syria
|
||||
or any other country the U.S. has embargoed goods; or (ii) to anyone on the
|
||||
U.S. Treasury Department's List of Specially Designated Nationals or the U.S.
|
||||
Commerce Department's Denied Persons List or Entity List. You represent and
|
||||
warrant that you are not located in, under the control of, or a national or
|
||||
resident of any such country or on any such list and you will not use or
|
||||
transfer the Licensed Materials for use in any sensitive nuclear, chemical or
|
||||
biological weapons, or missile technology end-uses unless authorized by the
|
||||
U.S. Government by regulation or specific license or for a military end-use in,
|
||||
or by any military entity of Albania, Armenia, Azerbaijan, Belarus, Cambodia,
|
||||
China, Georgia, Iran, Iraq, Kazakhstan, Kyrgyzstan, Laos, Libya, Macau,
|
||||
Moldova, Mongolia, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and
|
||||
Vietnam. Any software export classification made by TI shall be for TI's
|
||||
internal use only and shall not be construed as a representation or warranty
|
||||
regarding the proper export classification for such software or whether an
|
||||
export license or other documentation is required for the exportation of such
|
||||
software.
|
||||
|
||||
11. Governing Law and Severability. This Agreement will be governed by and
|
||||
interpreted in accordance with the laws of the State of Texas, without
|
||||
reference to conflict of laws principles. If for any reason a court of
|
||||
competent jurisdiction finds any provision of the Agreement to be
|
||||
unenforceable, that provision will be enforced to the maximum extent possible
|
||||
to effectuate the intent of the parties, and the remainder of the Agreement
|
||||
shall continue in full force and effect. This Agreement shall not be governed
|
||||
by the United Nations Convention on Contracts for the International Sale of
|
||||
Goods, or by the Uniform Computer Information Transactions Act (UCITA), as it
|
||||
may be enacted in the State of Texas. The parties agree that non-exclusive
|
||||
jurisdiction for any dispute arising out of or relating to this Agreement lies
|
||||
within the courts located in the State of Texas. Notwithstanding the foregoing,
|
||||
any judgment may be enforced in any United States or foreign court, and either
|
||||
party may seek injunctive relief in any United States or foreign court.
|
||||
|
||||
12. PRC Provisions. If you are located in the People's Republic of China
|
||||
("PRC") or if the Licensed Materials will be sent to the PRC, the following
|
||||
provisions shall apply and shall supersede any other provisions in this
|
||||
Agreement concerning the same subject matter as the following provisions:
|
||||
|
||||
a. Registration Requirements. You shall be solely responsible for performing
|
||||
all acts and obtaining all approvals that may be required in connection with
|
||||
this Agreement by the government of the PRC, including but not limited to
|
||||
registering pursuant to, and otherwise complying with, the PRC Measures on the
|
||||
Administration of Software Products, Management Regulations on Technology
|
||||
Import-Export, and Technology Import and Export Contract Registration
|
||||
Management Rules. Upon receipt of such approvals from the government
|
||||
authorities, you shall forward evidence of all such approvals to TI for its
|
||||
records. In the event that you fail to obtain any such approval or
|
||||
registration, you shall be solely responsible for any and all losses, damages
|
||||
or costs resulting therefrom, and shall indemnify TI for all such losses,
|
||||
damages or costs.
|
||||
|
||||
b. Governing Language. This Agreement is written and executed in the English
|
||||
language. If a translation of this Agreement is required for any purpose,
|
||||
including but not limited to registration of the Agreement pursuant to any
|
||||
governmental laws, regulations or rules, you shall be solely responsible for
|
||||
creating such translation. Any translation of this Agreement into a language
|
||||
other than English is intended solely in order to comply with such laws or for
|
||||
reference purposes, and the English language version shall be authoritative and
|
||||
controlling.
|
||||
|
||||
c. Export Control.
|
||||
|
||||
(i). Diversions of Technology. You hereby agree that unless prior authorization
|
||||
is obtained from the U.S. Department of Commerce, neither you nor your
|
||||
subsidiaries or affiliates shall knowingly export, re-export, or release,
|
||||
directly or indirectly, any technology, software, or software source code (as
|
||||
defined in Part 772 of the Export Administration Regulations of the U.S.
|
||||
Department of Commerce ("EAR")), received from TI or any of its affiliated
|
||||
companies, or export, directly or indirectly, any direct product of such
|
||||
technology, software, or software source code (as defined in Part 734 of the
|
||||
EAR), to any destination or country to which the export, re-export, or release
|
||||
of the technology, software, software source code, or direct product is
|
||||
prohibited by the EAR.
|
||||
|
||||
(ii). Assurance of Compliance. You understand and acknowledge that products,
|
||||
technology (regardless of the form in which it is provided), software or
|
||||
software source code, received from TI or any of its affiliates under this
|
||||
Agreement may be under export control of the United States or other countries.
|
||||
You shall comply with the United States and other applicable non-U.S. laws and
|
||||
regulations governing the export, re-export and release of any products,
|
||||
technology, software, or software source code received under this Agreement
|
||||
from TI or its affiliates. You shall not undertake any action that is
|
||||
prohibited by the EAR. Without limiting the generality of the foregoing, you
|
||||
specifically agree that you shall not transfer or release products, technology,
|
||||
software, or software source code of TI or its affiliates to, or for use by,
|
||||
military end users or for use in military, missile, nuclear, biological, or
|
||||
chemical weapons end uses.
|
||||
|
||||
(iii). Licenses. Each party shall secure at its own expense, such licenses and
|
||||
export and import documents as are necessary for each respective party to
|
||||
fulfill its obligations under this Agreement. If such licenses or government
|
||||
approvals cannot be obtained, TI may terminate this Agreement, or shall
|
||||
otherwise be excused from the performance of any obligations it may have under
|
||||
this Agreement for which the licenses or government approvals are required.
|
||||
|
||||
13. Entire Agreement. This is the entire Agreement between you and TI, and
|
||||
absent a signed and effective software license agreement related to the subject
|
||||
matter of this Agreement, this Agreement supersedes any prior agreement between
|
||||
the parties related to the subject matter of this Agreement. Notwithstanding
|
||||
the foregoing, any signed and effective software license agreement relating to
|
||||
the subject matter hereof will supersede the terms of this Agreement. No
|
||||
amendment or modification of this Agreement will be effective unless in writing
|
||||
and signed by a duly authorized representative of TI. You hereby warrant and
|
||||
represent that you have obtained all authorizations and other applicable
|
||||
consents required empowering you to enter into this Agreement.
|
||||
|
4
cpu/stellaris_common/Makefile
Normal file
4
cpu/stellaris_common/Makefile
Normal file
@ -0,0 +1,4 @@
|
||||
# define stellaris specific flags and includes
|
||||
export STELLARISWARE = $(RIOTCPU)/stellaris_common/include
|
||||
# define build specific options
|
||||
export CFLAGS += -I$(STELLARISWARE) -DPART_$(CPU_MODEL) -c -DTARGET_IS_BLIZZARD_RA1
|
@ -1,29 +0,0 @@
|
||||
Software License Agreement
|
||||
|
||||
Redistribution and use in source and binary forms, with or without
|
||||
modification, are permitted provided that the following conditions
|
||||
are met:
|
||||
|
||||
Redistributions of source code must retain the original copyright
|
||||
notice, this list of conditions and the following disclaimer.
|
||||
|
||||
Redistributions in binary form must reproduce the original copyright
|
||||
notice, this list of conditions and the following disclaimer in the
|
||||
documentation and/or other materials provided with the
|
||||
distribution.
|
||||
|
||||
Neither the name of Texas Instruments Incorporated nor the names of
|
||||
its contributors may be used to endorse or promote products derived
|
||||
from this software without specific prior written permission.
|
||||
|
||||
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
|
||||
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
|
||||
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
|
||||
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
|
||||
OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
|
||||
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
|
||||
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
|
||||
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
|
||||
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
|
||||
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
|
||||
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
@ -1,364 +0,0 @@
|
||||
<html>
|
||||
<head>
|
||||
<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1">
|
||||
</head>
|
||||
<body>
|
||||
<p><b><u>TI StellarisWare Clickwrap Software License Agreement (SLA)</u> </b>
|
||||
</p>
|
||||
<p><b><u>Important</u> - This is a legally binding agreement. Read it carefully. After you read the following
|
||||
terms, you will be asked whether you are authorized to commit your company to abide
|
||||
by the following terms. THIS AGREEMENT IS DISPLAYED FOR YOU TO READ PRIOR TO DOWNLOADING
|
||||
OR USING THE "LICENSED MATERIALS".</b>
|
||||
</p>
|
||||
<p><b><u>DO NOT DOWNLOAD OR INSTALL</u> the software programs unless you agree on behalf of yourself and your company to be
|
||||
bound by the terms of this License Agreement.</b>
|
||||
</p>
|
||||
<p><b><u>DO NOT CLICK "I AGREE" UNLESS</u> :</b>
|
||||
</p>
|
||||
<p>1. <b>YOU ARE AUTHORIZED TO AGREE TO THE TERMS OF THIS LICENSE ON BEHALF OF YOURSELF AND
|
||||
YOUR COMPANY; AND</b>
|
||||
</p>
|
||||
<p>2. <b>YOU INTEND TO ENTER THIS LEGALLY BINDING AGREEMENT ON BEHALF OF YOURSELF AND YOUR
|
||||
COMPANY.</b>
|
||||
</p>
|
||||
<p><b>Important - Read carefully:</b> This software license agreement ("Agreement") is a legal agreement between you (either
|
||||
an individual or entity) and Texas Instruments Incorporated ("TI"). The "Licensed
|
||||
Materials" subject to this Agreement include the software programs TI has granted
|
||||
you access to download and any "on-line" or electronic documentation associated with
|
||||
these programs, or any portion thereof, and may also include hardware, reference designs
|
||||
and associated documentation. The Licensed Materials are specifically designed and
|
||||
licensed for use solely and exclusively with microprocessor/microcontroller devices
|
||||
manufactured by or for TI ("TI Devices"). By installing, copying or otherwise using
|
||||
the Licensed Materials you agree to abide by the provisions set forth herein. This
|
||||
Agreement is displayed for you to read prior to using the Licensed Materials. If you
|
||||
choose not to accept or agree with these provisions,<u>do not download or install the Licensed Materials</u> .
|
||||
</p>
|
||||
<p>1. <b>Delivery.</b> TI may deliver the Licensed Materials, or portions thereof, to you electronically.
|
||||
</p>
|
||||
<p>2. <b>License Grant and Use Restrictions.</b>
|
||||
</p>
|
||||
<p>a. <u>Limited Source Code License.</u> Subject to the terms of this Agreement, and commencing as of the Effective Date and
|
||||
continuing for the term of this Agreement, TI hereby grants to you a limited, free,
|
||||
non-transferable, non-exclusive, non-assignable, non-sub-licensable license to make
|
||||
copies, prepare derivative works, display internally and use internally the Licensed
|
||||
Materials provided to you in source code for the sole purposes of designing and developing
|
||||
object and executable versions of such Licensed Materials or any derivative thereof,
|
||||
that execute solely and exclusively on TI Devices used in Customer Product(s), and
|
||||
maintaining and supporting such Licensed Materials, or any derivative thereof, and
|
||||
Customer Product(s). "Customer Product" means a final product distributed by or for
|
||||
you that consists of both hardware, including one or more TI Devices, and software
|
||||
components, including only executable versions of the Licensed Materials that execute
|
||||
solely and exclusively on or with such TI Devices and not on devices manufactured
|
||||
by or for an entity other than TI.
|
||||
</p>
|
||||
<p>b. <u>Production and Distribution License.</u> Subject to the terms of this Agreement, and commencing as of the Effective Date and
|
||||
continuing for the term of this Agreement, TI hereby grants to you a free, non-exclusive,
|
||||
non-transferable, non-assignable, worldwide license to:
|
||||
</p>
|
||||
<p>(i). Use object code versions of the Licensed Materials, or any derivative thereof, to
|
||||
make copies, display internally, evaluate, test, distribute internally and use internally
|
||||
for the sole purposes of designing and developing Customer Product(s), and maintaining
|
||||
and supporting the Licensed Materials and Customer Product(s);
|
||||
</p>
|
||||
<p>(ii). Make copies, use, sell, offer to sell, and otherwise distribute object code and executable
|
||||
versions of the Licensed Materials, or any derivative thereof, for use in or with
|
||||
Customer Product(s), provided that such Licensed Materials are embedded in or only
|
||||
used with Customer Product(s), and provided further that such Licensed Materials execute
|
||||
solely and exclusively on a TI Device and not on any device manufactured by or for
|
||||
an entity other than TI.
|
||||
</p>
|
||||
<p>c. <u>Demonstration License.</u> Subject to the terms of this Agreement, and commencing as of the Effective Date and
|
||||
continuing for the term of this Agreement, TI grants to you a free, non-transferable,
|
||||
non-exclusive, non-assignable, non-sub-licensable worldwide license to demonstrate
|
||||
to third parties the Licensed Materials as they are used in Customer Products executing
|
||||
solely and exclusively on TI Devices, provided that such Licensed Materials are demonstrated
|
||||
in object or executable versions only.
|
||||
</p>
|
||||
<p>d. <u>Reference Design Use License.</u> Subject to the terms of this Agreement, and commencing as of the Effective Date and
|
||||
continuing for the term of this Agreement, TI hereby grants to you a free, non-transferable,
|
||||
non-exclusive, non-assignable, non-sub-licensable worldwide license to:
|
||||
</p>
|
||||
<p>(i). use the Licensed Materials to design, develop, manufacture or have manufactured, sell,
|
||||
offer to sell, or otherwise distribute Customer Product(s) or product designs, including
|
||||
portions or derivatives of the Licensed Materials as they are incorporated in or used
|
||||
with Customer Product(s), provided such Customer Products or product designs utilize
|
||||
a TI Device.
|
||||
</p>
|
||||
<p>e. <u>Contractors and Suppliers.</u> The licenses granted to you hereunder shall include your on-site and off-site suppliers
|
||||
and independent contractors, while such suppliers and independent contractors are
|
||||
performing work for or providing services to you, provided that such suppliers and
|
||||
independent contractors have executed work-for-hire agreements with you containing
|
||||
terms and conditions not inconsistent with the terms and conditions set forth is this
|
||||
Agreement and provided further that such contractors may provide work product to only
|
||||
you under such work-for-hire agreements.
|
||||
</p>
|
||||
<p>f. <u>No Other License.</u> Notwithstanding anything to the contrary, nothing in this Agreement shall be construed
|
||||
as a license to any intellectual property rights of TI other than those rights embodied
|
||||
in the Licensed Materials provided to you by TI. EXCEPT AS PROVIDED HEREIN, NO OTHER
|
||||
LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, TO ANY OTHER TI INTELLECTUAL
|
||||
PROPERTY RIGHTS IS GRANTED HEREIN.
|
||||
</p>
|
||||
<p>g. <u>Restrictions.</u> You shall maintain the source code versions of the Licensed Materials under password
|
||||
control protection and shall not disclose such source code versions of the Licensed
|
||||
Materials, or any derivative thereof, to any person other than your employees and
|
||||
contractors whose job performance requires access. You shall not use the Licensed
|
||||
Materials with a processing device manufactured by or for an entity other than TI,
|
||||
and you agree that any such unauthorized use of the Licensed Materials is a material
|
||||
breach of this Agreement. Except as expressly provided in this Agreement, you shall
|
||||
not copy, publish, disclose, display, provide, transfer or make available the Licensed
|
||||
Materials to any third party and you shall not sublicense, transfer, or assign the
|
||||
Licensed Materials or your rights under this Agreement to any third party. You shall
|
||||
not mortgage, pledge or encumber the Licensed Materials in any way. You shall not
|
||||
(i) incorporate, combine, or distribute the Licensed Materials, or any derivative
|
||||
thereof, with any Public Software, or (ii) use Public Software in the development
|
||||
of any derivatives of the Licensed Materials, each in such a way that would cause
|
||||
the Licensed Materials, or any derivative thereof, to be subject to all or part of
|
||||
the license obligations or other intellectual property related terms with respect
|
||||
to such Public Software, including but not limited to, the obligations that the Licensed
|
||||
Materials, or any derivative thereof, incorporated into, combined, or distributed
|
||||
with such Public Software (x) be disclosed or distributed in source code form, be
|
||||
licensed for the purpose of making derivatives of such software, or be redistributed
|
||||
free of charge, contrary to the terms and conditions of this Agreement, (y) be used
|
||||
with devices other than TI Devices, or (z) be otherwise used or distributed in a manner
|
||||
contrary to the terms and conditions of this Agreement. As used in this Section 2(g),
|
||||
"Public Software" means any software that contains, or is derived in whole or in part
|
||||
from, any software distributed as open source software, including but not limited
|
||||
to software licensed under the following or similar models: (A) GNU's General Public
|
||||
License (GPL) or Lesser/Library GPL (LGPL), (B) the Artistic License (e.g., PERL),
|
||||
(C) the Mozilla Public License, (D) the Netscape Public License, (E) the Sun Community
|
||||
Source License (SCSL), (F) the Sun Industry Standards Source License (SISL), (G) the
|
||||
Apache Server license, (H) QT Free Edition License, (I) IBM Public License, and (J)
|
||||
BitKeeper.
|
||||
</p>
|
||||
<p>h. <u>Termination.</u> This Agreement is effective until terminated. You may terminate this Agreement at
|
||||
any time by written notice to TI. Without prejudice to any other rights, if you fail
|
||||
to comply with the terms of this Agreement, TI may terminate your right to use the
|
||||
Licensed Materials upon written notice to you. Upon termination of this Agreement,
|
||||
you will destroy any and all copies of the Licensed Materials in your possession,
|
||||
custody or control and provide to TI a written statement signed by your authorized
|
||||
representative certifying such destruction. The following sections will survive any
|
||||
expiration or termination of this Agreement: 2(h) (Termination), 3 (Licensed Materials
|
||||
Ownership), 6 (Warranties and Limitations), 7 (Indemnification Disclaimer), 10 (Export
|
||||
Control), 11 (Governing Law and Severability), 12 (PRC Provisions), and 13 (Entire
|
||||
Agreement). The obligations set forth in Section 5 (Confidential Information) will
|
||||
survive any expiration or termination of this Agreement for three (3) years after
|
||||
such expiration or termination.
|
||||
</p>
|
||||
<p>3. <b>Licensed Materials Ownership.</b> The Licensed Materials are licensed, not sold to you, and can only be used in accordance
|
||||
with the terms of this Agreement. Subject to the licenses granted to you pursuant
|
||||
to this Agreement, TI and TI's licensors own and shall continue to own all right,
|
||||
title, and interest in and to the Licensed Materials, including all copies thereof.
|
||||
The parties agree that all fixes, modifications and improvements to the Licensed Materials
|
||||
conceived of or made by TI that are based, either in whole or in part, on your feedback,
|
||||
suggestions or recommendations are the exclusive property of TI and all right, title
|
||||
and interest in and to such fixes, modifications or improvements to the Licensed Materials
|
||||
will vest solely in TI. Moreover, you acknowledge and agree that when your independently
|
||||
developed software or hardware components are combined, in whole or in part, with
|
||||
the Licensed Materials, your right to use the Licensed Materials embodied in such
|
||||
resulting combined work shall remain subject to the terms and conditions of this Agreement.
|
||||
</p>
|
||||
<p>4. <b>Intellectual Property Rights.</b>
|
||||
</p>
|
||||
<p>a. The Licensed Materials contain copyrighted material, trade secrets and other proprietary
|
||||
information of TI and TI's licensors and are protected by copyright laws, international
|
||||
copyright treaties, and trade secret laws, as well as other intellectual property
|
||||
laws. To protect TI's and TI's licensors' rights in the Licensed Materials, you agree,
|
||||
except as specifically permitted by statute by a provision that cannot be waived by
|
||||
contract, not to "unlock", decompile, reverse engineer, disassemble or otherwise translate
|
||||
any portions of the Licensed Materials to a human-perceivable form nor to permit any
|
||||
person or entity to do so. You shall not remove, alter, cover, or obscure any confidentiality,
|
||||
trade secret, proprietary, or copyright notices, trade-marks, proprietary, patent,
|
||||
or other identifying marks or designs from any component of the Licensed Materials
|
||||
and you shall reproduce and include in all copies of the Licensed Materials the copyright
|
||||
notice(s) and proprietary legend(s) of TI and TI's licensors as they appear in the
|
||||
Licensed Materials. TI reserves all rights not specifically granted under this Agreement.
|
||||
</p>
|
||||
<p>b. Third parties may claim to own patents, copyrights, or other intellectual property
|
||||
rights that cover the implementation of certain Licensed Materials. Certain Licensed
|
||||
Materials may also be based on industry recognized standards, including but not limited
|
||||
to specifically the ISO MPEG and ITU standards, and software programs published by
|
||||
industry recognized standards bodies and certain third parties claim to own patents,
|
||||
copyrights, and other intellectual property rights that cover implementation of those
|
||||
standards. You acknowledge and agree that this Agreement does not convey a license
|
||||
to any such third party patents, copyrights, and other intellectual property rights
|
||||
and that you are solely responsible for any patent, copyright, or other intellectual
|
||||
property right claims that relate to your use and distribution of the Licensed Materials,
|
||||
and your use and distribution of your products that include or incorporate the Licensed
|
||||
Materials.
|
||||
</p>
|
||||
<p>5. <b>Confidential Information.</b> You acknowledge and agree that the Licensed Materials contain trade secrets and other
|
||||
confidential information of TI and TI's licensors. You agree to use the Licensed Materials
|
||||
solely within the scope of the licenses set forth herein, to maintain the Licensed
|
||||
Materials in strict confidence, to use at least the same procedures and degree of
|
||||
care that you use to prevent disclosure of your own confidential information of like
|
||||
importance but in no instance less than reasonable care, and to prevent disclosure
|
||||
of the Licensed Materials to any third party, except as may be necessary and required
|
||||
in connection with your rights and obligations hereunder. You agree to obtain executed
|
||||
confidentiality agreements with your employees and contractors having access to the
|
||||
Licensed Materials and to diligently take steps to enforce such agreements in this
|
||||
respect. TI agrees that the employment agreements used in the normal course of your
|
||||
business shall satisfy the requirements of this section. TI may disclose your contact
|
||||
information to TI's applicable licensors.
|
||||
</p>
|
||||
<p>6. <b>Warranties and Limitations.</b> YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS MAY NOT BE INTENDED FOR PRODUCTION
|
||||
APPLICATIONS AND MAY CONTAIN IRREGULARITIES AND DEFECTS NOT FOUND IN PRODUCTION SOFTWARE.
|
||||
FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS HAVE NOT BEEN TESTED
|
||||
OR CERTIFIED BY ANY GOVERNMENT AGENCY OR INDUSTRY REGULATORY ORGANIZATION OR ANY OTHER
|
||||
THIRD PARTY ORGANIZATION. YOU AGREE THAT PRIOR TO USING, INCORPORATING OR DISTRIBUTING
|
||||
THE LICENSED MATERIALS IN OR WITH ANY COMMERCIAL PRODUCT THAT YOU WILL THOROUGHLY
|
||||
TEST THE PRODUCT AND THE FUNCTIONALITY OF THE LICENSED MATERIALS IN OR WITH THAT PRODUCT
|
||||
AND BE SOLELY RESPONSIBLE FOR ANY PROBLEMS OR FAILURES.
|
||||
</p>
|
||||
<p>THE LICENSED MATERIALS AND ANY REALTED DOCUMENTATION ARE PROVIDED "AS IS" AND WITH
|
||||
ALL FAULTS. TI MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS, IMPLIED OR STATUTORY,
|
||||
REGARDING THE LICENSED MATERIALS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
|
||||
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY
|
||||
OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE. TI DISCLAIMS ANY WARRANTY
|
||||
OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND NON-INFRINGEMENT OF ANY THIRD PARTY
|
||||
PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU AGREE
|
||||
TO USE YOUR INDEPENDENT JUDGMENT IN DEVELOPING YOUR PRODUCTS. NOTHING CONTAINED IN
|
||||
THIS AGREEMENT WILL BE CONSTRUED AS A WARRANTY OR REPRESENTATION BY TI TO MAINTAIN
|
||||
PRODUCTION OF ANY TI SEMICONDUCTOR DEVICE OR OTHER HARDWARE OR SOFTWARE WITH WHICH
|
||||
THE LICENSED MATERIALS MAY BE USED.
|
||||
</p>
|
||||
<p>IN NO EVENT SHALL TI, OR ANY APPLICABLE LICENSOR, BE LIABLE FOR ANY SPECIAL, INDIRECT,
|
||||
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY,
|
||||
IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE USE OF THE LICENSED MATERIALS,
|
||||
REGARDLESS OF WHETHER TI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDED
|
||||
DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COST OF REMOVAL OR REINSTALLATION, OUTSIDE
|
||||
COMPUTER TIME, LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS
|
||||
OF SAVINGS, OR LOSS OF USE OR INTERRUPTION OF BUSINESS. IN NO EVENT WILL TI'S AGGREGATE
|
||||
LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF YOUR USE OF THE LICENSED MATERIALS
|
||||
EXCEED FIVE HUNDRED U.S. DOLLARS (US$500). THE EXISTENCE OF MORE THAN ONE CLAIM WILL
|
||||
NOT ENLARGE OR EXTEND THESE LIMITS.
|
||||
</p>
|
||||
<p>Because some jurisdictions do not allow the exclusion or limitation of incidental
|
||||
or consequential damages or limitation on how long an implied warranty lasts, the
|
||||
above limitations or exclusions may not apply to you.
|
||||
</p>
|
||||
<p>7. <b>Indemnification Disclaimer.</b> YOU ACKNOWLEDGE AND AGREE THAT TI SHALL NOT BE LIABLE FOR AND SHALL NOT DEFEND OR
|
||||
INDEMNIFY YOU AGAINST ANY THIRD PARTY INFRINGEMENT CLAIM THAT RELATES TO OR IS BASED
|
||||
ON YOUR MANUFACTURE, USE, OR DISTRIBUTION OF THE LICENSED MATERIALS OR YOUR MANUFACTURE,
|
||||
USE, OFFER FOR SALE, SALE, IMPORTATION OR DISTRIBUTION OF YOUR PRODUCTS THAT INCLUDE
|
||||
OR INCORPORATE THE LICENSED MATERIALS.
|
||||
</p>
|
||||
<p>You will defend and indemnify TI in the event of claim, liability or costs (including
|
||||
reasonable attorney's fees related to Your use or any sub-licensee's use of the Licensed
|
||||
Materials) relating in any way to Your violation of the terms of the License Grants
|
||||
set forth in Section 2, or any other violation of other terms and conditions of this
|
||||
Agreement.
|
||||
</p>
|
||||
<p>8. <b>No Technical Support.</b> TI and TI's licensors are under no obligation to install, maintain or support the
|
||||
Licensed Materials.
|
||||
</p>
|
||||
<p>9. <b>Notices.</b> All notices to TI hereunder shall be delivered to Texas Instruments Incorporated,
|
||||
AEC Software Operations, 12203 Southwest Freeway, Mail Station 701, Stafford, Texas
|
||||
77477, Attention: Administrator, AEC Software Operations, with a copy to Texas Instruments
|
||||
Incorporated, 12203 Southwest Freeway, Mail Station 725, Stafford, Texas 77477, Attention:
|
||||
Legal Department. All notices shall be deemed served when received by TI.
|
||||
</p>
|
||||
<p>10. <b>Export Control.</b> You hereby acknowledge that the Licensed Materials are subject to export control under
|
||||
the U.S. Commerce Department's Export Administration Regulations ("EAR"). You further
|
||||
hereby acknowledge and agree that unless prior authorization is obtained from the
|
||||
U.S. Commerce Department, neither you nor your customers will export, re-export, or
|
||||
release, directly or indirectly, any technology, software, or software source code
|
||||
(as defined in Part 772 of the EAR), received from TI, or export, directly or indirectly,
|
||||
any direct product of such technology, software, or software source code (as defined
|
||||
in Part 734 of the EAR), to any destination or country to which the export, re-export,
|
||||
or release of the technology, software, or software source code, or direct product
|
||||
is prohibited by the EAR. You agree that none of the Licensed Materials may be downloaded
|
||||
or otherwise exported or reexported (i) into (or to a national or resident of) Cuba,
|
||||
Iran, North Korea, Sudan and Syria or any other country the U.S. has embargoed goods;
|
||||
or (ii) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals
|
||||
or the U.S. Commerce Department's Denied Persons List or Entity List. You represent
|
||||
and warrant that you are not located in, under the control of, or a national or resident
|
||||
of any such country or on any such list and you will not use or transfer the Licensed
|
||||
Materials for use in any sensitive nuclear, chemical or biological weapons, or missile
|
||||
technology end-uses unless authorized by the U.S. Government by regulation or specific
|
||||
license or for a military end-use in, or by any military entity of Albania, Armenia,
|
||||
Azerbaijan, Belarus, Cambodia, China, Georgia, Iran, Iraq, Kazakhstan, Kyrgyzstan,
|
||||
Laos, Libya, Macau, Moldova, Mongolia, Russia, Tajikistan, Turkmenistan, Ukraine,
|
||||
Uzbekistan, and Vietnam. Any software export classification made by TI shall be for
|
||||
TI's internal use only and shall not be construed as a representation or warranty
|
||||
regarding the proper export classification for such software or whether an export
|
||||
license or other documentation is required for the exportation of such software.
|
||||
</p>
|
||||
<p>11. <b>Governing Law and Severability.</b> This Agreement will be governed by and interpreted in accordance with the laws of
|
||||
the State of Texas, without reference to conflict of laws principles. If for any reason
|
||||
a court of competent jurisdiction finds any provision of the Agreement to be unenforceable,
|
||||
that provision will be enforced to the maximum extent possible to effectuate the intent
|
||||
of the parties, and the remainder of the Agreement shall continue in full force and
|
||||
effect. This Agreement shall not be governed by the United Nations Convention on Contracts
|
||||
for the International Sale of Goods, or by the Uniform Computer Information Transactions
|
||||
Act (UCITA), as it may be enacted in the State of Texas. The parties agree that non-exclusive
|
||||
jurisdiction for any dispute arising out of or relating to this Agreement lies within
|
||||
the courts located in the State of Texas. Notwithstanding the foregoing, any judgment
|
||||
may be enforced in any United States or foreign court, and either party may seek injunctive
|
||||
relief in any United States or foreign court.
|
||||
</p>
|
||||
<p>12. <b>PRC Provisions.</b> If you are located in the People's Republic of China ("PRC") or if the Licensed Materials
|
||||
will be sent to the PRC, the following provisions shall apply and shall supersede
|
||||
any other provisions in this Agreement concerning the same subject matter as the following
|
||||
provisions:
|
||||
</p>
|
||||
<p>a. <em>Registration Requirements.</em> You shall be solely responsible for performing all acts and obtaining all approvals
|
||||
that may be required in connection with this Agreement by the government of the PRC,
|
||||
including but not limited to registering pursuant to, and otherwise complying with,
|
||||
the PRC Measures on the Administration of Software Products, Management Regulations
|
||||
on Technology Import-Export, and Technology Import and Export Contract Registration
|
||||
Management Rules. Upon receipt of such approvals from the government authorities,
|
||||
you shall forward evidence of all such approvals to TI for its records. In the event
|
||||
that you fail to obtain any such approval or registration, you shall be solely responsible
|
||||
for any and all losses, damages or costs resulting therefrom, and shall indemnify
|
||||
TI for all such losses, damages or costs.
|
||||
</p>
|
||||
<p>b. <em>Governing Language.</em> This Agreement is written and executed in the English language. If a translation of
|
||||
this Agreement is required for any purpose, including but not limited to registration
|
||||
of the Agreement pursuant to any governmental laws, regulations or rules, you shall
|
||||
be solely responsible for creating such translation. Any translation of this Agreement
|
||||
into a language other than English is intended solely in order to comply with such
|
||||
laws or for reference purposes, and the English language version shall be authoritative
|
||||
and controlling.
|
||||
</p>
|
||||
<p>c. <em>Export Control.</em>
|
||||
</p>
|
||||
<p>(i). <em>Diversions of Technology.</em> You hereby agree that unless prior authorization is obtained from the U.S. Department
|
||||
of Commerce, neither you nor your subsidiaries or affiliates shall knowingly export,
|
||||
re-export, or release, directly or indirectly, any technology, software, or software
|
||||
source code (as defined in Part 772 of the Export Administration Regulations of the
|
||||
U.S. Department of Commerce ("EAR")), received from TI or any of its affiliated companies,
|
||||
or export, directly or indirectly, any direct product of such technology, software,
|
||||
or software source code (as defined in Part 734 of the EAR), to any destination or
|
||||
country to which the export, re-export, or release of the technology, software, software
|
||||
source code, or direct product is prohibited by the EAR.
|
||||
</p>
|
||||
<p>(ii). <em>Assurance of Compliance.</em> You understand and acknowledge that products, technology (regardless of the form in
|
||||
which it is provided), software or software source code, received from TI or any of
|
||||
its affiliates under this Agreement may be under export control of the United States
|
||||
or other countries. You shall comply with the United States and other applicable non-U.S.
|
||||
laws and regulations governing the export, re-export and release of any products,
|
||||
technology, software, or software source code received under this Agreement from TI
|
||||
or its affiliates. You shall not undertake any action that is prohibited by the EAR.
|
||||
Without limiting the generality of the foregoing, you specifically agree that you
|
||||
shall not transfer or release products, technology, software, or software source code
|
||||
of TI or its affiliates to, or for use by, military end users or for use in military,
|
||||
missile, nuclear, biological, or chemical weapons end uses.
|
||||
</p>
|
||||
<p>(iii). <em>Licenses.</em> Each party shall secure at its own expense, such licenses and export and import documents
|
||||
as are necessary for each respective party to fulfill its obligations under this Agreement.
|
||||
If such licenses or government approvals cannot be obtained, TI may terminate this
|
||||
Agreement, or shall otherwise be excused from the performance of any obligations it
|
||||
may have under this Agreement for which the licenses or government approvals are required.
|
||||
</p>
|
||||
<p>13. <b>Entire Agreement.</b> This is the entire Agreement between you and TI, and absent a signed and effective
|
||||
software license agreement related to the subject matter of this Agreement, this Agreement
|
||||
supersedes any prior agreement between the parties related to the subject matter of
|
||||
this Agreement. Notwithstanding the foregoing, any signed and effective software license
|
||||
agreement relating to the subject matter hereof will supersede the terms of this Agreement.
|
||||
No amendment or modification of this Agreement will be effective unless in writing
|
||||
and signed by a duly authorized representative of TI. You hereby warrant and represent
|
||||
that you have obtained all authorizations and other applicable consents required empowering
|
||||
you to enter into this Agreement.
|
||||
</p>
|
||||
</body>
|
||||
</html>
|
Loading…
Reference in New Issue
Block a user