|
IMPORTANT. Read the
following Freescale Semiconductor Software Download Agreement ("Agreement")
completely. By selecting the "I Accept" button at the end of this page, you
indicate that you accept the terms of this Agreement. You may then download
the file.
FREESCALE SEMICONDUCTOR SOFTWARE DOWNLOAD
AGREEMENT
This is a legal agreement between you (either as an
individual or as an authorized representative of your employer) and Freescale
Semiconductor, Inc. ("Freescale"). It concerns your rights to receive this
file and any accompanying written materials (the "Software"). In consideration
for Freescale allowing you to access the Software, you are agreeing to be
bound by the terms of this Agreement. If you do not agree to all of the terms
of this Agreement, do not download the Software. If you change your mind
later, stop using the Software and delete all copies of the Software in your
possession or control. Any copies of the Software that you have already
distributed, where permitted, and do not destroy will continue to be governed
by this Agreement. Your prior use will also continue to be governed by this
Agreement.
BSPS ARE OFFERED FREE OF CHARGE, "AS IS."
SUPPORT. Freescale Linux BSPs are tested, certified and
frozen, ensuring a fully operational tool chain, kernel and board specific
modules that are ready to use together within a fixed configuration for
specific hardware reference platforms. Linux BSPs are provided "AS IS" without
express or implied warranties of any kind. Freescale is NOT obligated to
provide any support, upgrades or new releases of the Software. If you wish,
you may contact Freescale and report problems and provide suggestions
regarding the Software. Freescale has no obligation whatsoever to respond in
any way to such a problem report or suggestion. Freescale may make changes to
the Software at any time, without any obligation to notify or provide updated
versions of the Software to you.
NO WARRANTY. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, FREESCALE EXPRESSLY DISCLAIMS ANY WARRANTY
FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE SOFTWARE, OR ANY SYSTEMS YOU DESIGN USING THE SOFTWARE (IF
ANY). NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS A WARRANTY OR
REPRESENTATION BY FREESCALE THAT THE SOFTWARE OR ANY DERIVATIVE WORK DEVELOPED
WITH OR INCORPORATING THE SOFTWARE WILL BE FREE FROM INFRINGEMENT OF THE
INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
INDEMNITY. You agree to fully defend and indemnify
Freescale from any and all claims, liabilities, and costs (including
reasonable attorney’s fees) related to (1) your use (including your
sublicensee’s use, if permitted) of the Software or (2) your violation of the
terms and conditions of this Agreement.
LIMITATION OF
LIABILITY. IN NO EVENT WILL FREESCALE BE LIABLE, WHETHER IN CONTRACT,
TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR
PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE,
LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR
REVENUES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
COMPLIANCE WITH LAWS; EXPORT RESTRICTIONS. This software
is subject to the U.S. Export Regulations and the import and export
regulations of the country in which the download takes place. By downloading
this software you understand and agree to comply with all applicable export
control regulations when further transferring or exporting the software either
as downloaded or as integrated into other software or commodities.
GOVERNMENT USE. Use of the Software and any
corresponding documentation, if any, is provided with RESTRICTED RIGHTS. Use,
duplication or disclosure by the Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(l) and (2) of the
Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is Freescale Semiconductor, Inc., 6501 William Cannon
Drive West, Austin, TX, 78735.
HIGH RISK
ACTIVITIES. You acknowledge that the Software is not fault
tolerant and is not designed, manufactured or intended by Freescale for
incorporation into products intended for use or resale in on-line control
equipment in hazardous, dangerous to life or potentially life-threatening
environments requiring fail-safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communication systems, air traffic
control, direct life support machines or weapons systems, in which the failure
of products could lead directly to death, personal injury or severe physical
or environmental damage (“High Risk Activities”). You specifically represent
and warrant that you will not use the Software or any derivative work of the
Software for High Risk Activities.
CHOICE OF LAW; VENUE;
LIMITATIONS. You agree that the statutes and laws of the United
States and the State of Texas, USA, without regard to conflicts of laws
principles, will apply to all matters relating to this Agreement or the
Software, and you agree that any litigation will be subject to the exclusive
jurisdiction of the state or federal courts in Texas, USA. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to this Agreement or the Software must be filed
within one (1) year after such claim or cause of action arose or be forever
barred.
PRODUCT LABELING. You are not authorized
to use any Freescale trademarks, brand names, or logos.
ENTIRE
AGREEMENT. This Agreement constitutes the entire agreement
between you and Freescale regarding the subject matter of this Agreement, and
supersedes all prior communications, negotiations, understandings, agreements
or representations, either written or oral, if any. This Agreement may only be
amended in written form, executed by you and Freescale.
SEVERABILITY. If any provision of this Agreement
is held for any reason to be invalid or unenforceable, then the remaining
provisions of this Agreement will be unimpaired and, unless a modification or
replacement of the invalid or unenforceable provision is further held to
deprive you or Freescale of a material benefit, in which case the Agreement
will immediately terminate, the invalid or unenforceable provision will be
replaced with a provision that is valid and enforceable and that comes closest
to the intention underlying the invalid or unenforceable provision.
NO WAIVER. The waiver by Freescale of any breach
of any provision of this Agreement will not operate or be construed as a
waiver of any other or a subsequent breach of the same or a different
provision.
|
|
|
|