summaryrefslogtreecommitdiffstats
path: root/LICENSE.qcom
diff options
context:
space:
mode:
authorDaniel Baumann <daniel.baumann@progress-linux.org>2024-04-28 12:26:09 +0000
committerDaniel Baumann <daniel.baumann@progress-linux.org>2024-04-28 12:26:09 +0000
commit39a0d9019076a29a57a38a817b1830aef0708c11 (patch)
treed839d866a9986b99e90cd600f6874fae2f712be9 /LICENSE.qcom
parentInitial commit. (diff)
downloadfirmware-nonfree-39a0d9019076a29a57a38a817b1830aef0708c11.tar.xz
firmware-nonfree-39a0d9019076a29a57a38a817b1830aef0708c11.zip
Adding upstream version 20230210.upstream/20230210upstream
Signed-off-by: Daniel Baumann <daniel.baumann@progress-linux.org>
Diffstat (limited to 'LICENSE.qcom')
-rw-r--r--LICENSE.qcom206
1 files changed, 206 insertions, 0 deletions
diff --git a/LICENSE.qcom b/LICENSE.qcom
new file mode 100644
index 0000000..faacf9c
--- /dev/null
+++ b/LICENSE.qcom
@@ -0,0 +1,206 @@
+PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT IS
+A BINDING LEGAL AGREEMENT ENTERED INTO BY AND BETWEEN YOU (OR IF YOU ARE
+ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN THE ENTITY THAT YOU
+REPRESENT) AND QUALCOMM TECHNOLOGIES, INC. ("QTI" "WE" "OUR" OR "US"). THIS IS
+THE AGREEMENT THAT APPLIES TO YOUR USE OF THE DESIGNATED AND/OR LINKED
+APPLICATIONS, THE ENCLOSED QUALCOMM TECHNOLOGIES' MATERIALS, INCLUDING RELATED
+DOCUMENTATION AND ANY UPDATES OR IMPROVEMENTS THEREOF
+(COLLECTIVELY, "MATERIALS"). BY USING OR COMPLETING THE INSTALLATION OF THE
+MATERIALS, YOU ARE ACCEPTING THIS AGREEMENT AND YOU AGREE TO BE BOUND BY ITS
+TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, QTI IS UNWILLING TO
+AND DOES NOT LICENSE THE MATERIALS TO YOU. IF YOU DO NOT AGREE TO THESE TERMS
+YOU MUST DISCONTINUE THE INSTALLATION PROCESS AND YOU MAY NOT USE THE MATERIALS
+OR RETAIN ANY COPIES OF THE MATERIALS. ANY USE OR POSSESSION OF THE MATERIALS
+BY YOU IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
+
+1. RIGHT TO USE DELIVERABLES; RESTRICTIONS.
+
+ 1.1 License. Subject to the terms and conditions of this Agreement,
+ including, without limitation, the restrictions, conditions, limitations and
+ exclusions set forth in this Agreement, QTI hereby grants to you a
+ nonexclusive, limited license under QTI's copyrights to: (i) install and use
+ the Materials; and (ii) to reproduce and redistribute the binary code portions
+ of the Materials (the "Redistributable Binary Code"). You may make and use a
+ reasonable number of copies of any documentation.
+
+ 1.2 Redistribution Restrictions. Distribution of the Redistributable Binary
+ Code is subject to the following restrictions: (i) Redistributable Binary Code
+ may only be distributed in binary format and may not be distributed in source
+ code format:; (ii) the Redistributable Binary Code may only operate in
+ conjunction with platforms incorporating Qualcomm Technologies, Inc. chipsets;
+ (iii) redistribution of the Redistributable Binary Code must include the .txt
+ file setting forth the terms and condition of this Agreement; (iv) you may not
+ use Qualcomm Technologies' or its affiliates or subsidiaries name, logo or
+ trademarks; and (v) copyright, trademark, patent and any other notices that
+ appear on the Materials may not be removed or obscured.
+
+ 1.3 Additional Restrictions. Except as expressly permitted by this Agreement,
+ you shall have no right to sublicense, transfer or otherwise disclose the
+ Materials to any third party. You shall not reverse engineer, reverse
+ assemble, reverse translate, decompile or reduce to source code form any
+ portion of the Materials provided in object code form or executable form.
+ Except for the purposes expressly permitted in this Agreement, You shall not
+ use the Materials for any other purpose. QTI (or its licensors) shall retain
+ title and all ownership rights in and to the Materials and any alterations,
+ modifications (including all derivative works), translations or adaptations
+ made of the Materials, and all copies thereof, and nothing herein shall be
+ deemed to grant any right to You under any of QTI's or its affiliates'
+ patents. You shall not subject the Materials to any third party license
+ terms (e.g., open source license terms). You shall not use the Materials for
+ the purpose of identifying or providing evidence to support any potential
+ patent infringement claim against QTI, its affiliates, or any of QTI's or
+ QTI's affiliates' suppliers and/or direct or indirect customers. QTI hereby
+ reserves all rights not expressly granted herein.
+
+ 1.4 Third Party Software and Materials. The Software may contain or link to
+ certain software and/or materials that are written or owned by third parties.
+ Such third party code and materials may be licensed under separate or
+ different terms and conditions and are not licensed to you under the terms of
+ this Agreement. You agree to comply with all terms and conditions imposed on
+ you in the applicable third party licenses. Such terms and conditions may
+ impose certain obligations on you as a condition to the permitted use of such
+ third party code and materials. QTI does not represent or warrant that such
+ third party licensors have or will continue to license or make available their
+ code and materials to you.
+
+ 1.5 Feedback. QTI may from time to time receive suggestions, feedback or
+ other information from You regarding the Materials. Any suggestions, feedback
+ or other disclosures received from You are and shall be entirely voluntary on
+ the part of You. Notwithstanding any other term in this Agreement, QTI shall
+ be free to use suggestions, feedback or other information received from You,
+ without obligation of any kind to You. The Parties agree that all inventions,
+ product improvements, and modifications conceived of or made by QTI that are
+ based, either in whole or in part, on ideas, feedback, suggestions, or
+ recommended improvements received from You are the exclusive property of QTI,
+ and all right, title and interest in and to any such inventions, product
+ improvements, and modifications will vest solely in QTI.
+
+ 1.6 No Technical Support. QTI is under no obligation to provide any form of
+ technical support for the Materials, and if QTI, in its sole discretion,
+ chooses to provide any form of support or information relating to the
+ Materials, such support and information shall be deemed confidential and
+ proprietary to QTI.
+
+2. WARRANTY DISCLAIMER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF
+THE MATERIALS IS AT YOUR SOLE RISK. THE MATERIALS AND TECHNICAL SUPPORT, IF
+ANY, ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR
+IMPLIED. QTI ITS LICENSORS AND AFFILIATES MAKE NO WARRANTIES, EXPRESS OR
+IMPLIED, WITH RESPECT TO THE MATERIALS OR ANY OTHER INFORMATION OR DOCUMENTATION
+PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
+MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR
+ANY EXPRESS OR IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF
+DEALING OR COURSE OF PERFORMANCE. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE
+CONSTRUED AS (I) A WARRANTY OR REPRESENTATION BY QTI, ITS LICENSORS OR
+AFFILIATES AS TO THE VALIDITY OR SCOPE OF ANY PATENT, COPYRIGHT OR OTHER
+INTELLECTUAL PROPERTY RIGHT OR (II) A WARRANTY OR REPRESENTATION BY QTI THAT ANY
+MANUFACTURE OR USE WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS OR
+OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND IT SHALL BE THE SOLE
+RESPONSIBILITY OF YOU TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO
+THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY OF
+THIRD PARTIES.
+
+3. NO OTHER LICENSES OR INTELLECTUAL PROPERTY RIGHTS. Neither this Agreement,
+nor any act by QTI or any of its affiliates pursuant to this Agreement or
+relating to the Materials (including, without limitation, the provision by QTI
+or its affiliates of the Materials), shall provide to You any license or any
+other rights whatsoever under any patents, trademarks, trade secrets, copyrights
+or any other intellectual property of QTI or any of its affiliates, except for
+the copyright rights expressly licensed under this Agreement. You understand and
+agree that:
+
+ (i) Neither this Agreement, nor delivery of the Materials, grants any right to
+ practice, or any other right at all with respect to, any patent of QTI or any
+ of its affiliates; and
+
+ (ii) A separate license agreement from QUALCOMM Incorporated is needed to use
+ or practice any patent of QUALCOMM Incorporated. You agree not to contend in
+ any context that, as a result of the provision or use of the Materials, either
+ QTI or any of its affiliates has any obligation to extend, or You or any other
+ party has obtained any right to, any license, whether express or implied, with
+ respect to any patent of QTI or any of its affiliates for any purpose.
+
+4. TERMINATION. This Agreement shall be effective upon acceptance, or access or
+use of the Materials (whichever occurs first) by You and shall continue until
+terminated. You may terminate the Agreement at any time by deleting and
+destroying all copies of the Materials and all related information in Your
+possession or control. This Agreement terminates immediately and automatically,
+with or without notice, if You fail to comply with any provision hereof.
+Additionally, QTI may at any time terminate this Agreement, without cause, upon
+notice to You. Upon termination You must, to the extent possible, delete or
+destroy all copies of the Materials in Your possession and the license granted
+to You in this Agreement shall terminate. Sections 1.2 through 10 shall survive
+the termination of this Agreement. In the event that any restrictions,
+conditions, limitations are found to be either invalid or unenforceable, the
+rights granted to You in Section 1 (License) shall be null, void and ineffective
+from the Effective Date, and QTI shall also have the right to terminate this
+Agreement immediately, and with retroactive effect to the effective date.
+
+5. LIMITATION OF LIABILITY. IN NO EVENT SHALL QTI, QTI's AFFILIATES OR ITS
+LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES,
+INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL
+DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE, OR THE DELIVERY OR FAILURE
+TO DELIVER, ANY OF THE DELIVERABLES, OR ANY BREACH OF ANY OBLIGATION UNDER THIS
+AGREEMENT, EVEN IF QTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
+THE FOREGOING LIMITATION OF LIABILITY SHALL REMAIN IN FULL FORCE AND EFFECT
+REGARDLESS OF WHETHER YOUR REMEDIES HEREUNDER ARE DETERMINED TO HAVE FAILED OF
+THEIR ESSENTIAL PURPOSE. THE ENTIRE LIABILITY OF QTI, QTI's AFFILIATES AND ITS
+LICENSORS, AND THE SOLE AND EXCLUSIVE REMEDY OF YOU, FOR ANY CLAIM OR CAUSE OF
+ACTION ARISING HEREUNDER (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT
+EXCEED US$50.
+
+6. INDEMNIFICATION. You agree to indemnify and hold harmless QTI and its
+officers, directors, employees and successors and assigns against any and all
+third party claims, demands, causes of action, losses, liabilities, damages,
+costs and expenses, incurred by QTI (including but not limited to costs of
+defense, investigation and reasonable attorney's fees) arising out of, resulting
+from or related to: (i) any breach of this Agreement by You; and (ii) your acts,
+omissions, products and services. If requested by QTI, You agree to defend QTI
+in connection with any third party claims, demands, or causes of action
+resulting from, arising out of or in connection with any of the foregoing.
+
+7. ASSIGNMENT. You shall not assign this Agreement or any right or interest
+under this Agreement, nor delegate any obligation to be performed under this
+Agreement, without QTI's prior written consent. For purposes of this Section 7,
+an "assignment" by You under this Section shall be deemed to include, without
+limitation, any merger, consolidation, sale of all or substantially all of its
+assets, or any substantial change in the management or control of You.
+Any attempted assignment in contravention of this Section 9 shall be void.
+QTI may freely assign this Agreement or delegate any or all of its rights and
+obligations hereunder to any third party.
+
+8. COMPLIANCE WITH LAWS; APPLICABLE LAW. You agree to comply with all
+applicable local, international and national laws and regulations and with U.S.
+Export Administration Regulations, as they apply to the subject matter of this
+Agreement. This Agreement is governed by the laws of the State of California,
+excluding California's choice of law rules.
+
+9. CONTRACTING PARTIES. If the Materials are downloaded on any computer owned
+by a corporation or other legal entity, then this Agreement is formed by and
+between QTI and such entity. The individual accepting the terms of this
+Agreement represents and warrants to QTI that they have the authority to bind
+such entity to the terms and conditions of this Agreement.
+
+10. MISCELLANEOUS PROVISIONS. This Agreement, together with all exhibits
+attached hereto, which are incorporated herein by this reference, constitutes
+the entire agreement between QTI and You and supersedes all prior negotiations,
+representations and agreements between the parties with respect to the subject
+matter hereof. No addition or modification of this Agreement shall be effective
+unless made in writing and signed by the respective representatives of QTI and
+You. The restrictions, limitations, exclusions and conditions set forth in this
+Agreement shall apply even if QTI or any of its affiliates becomes aware of or
+fails to act in a manner to address any violation or failure to comply
+therewith. You hereby acknowledge and agree that the restrictions, limitations,
+conditions and exclusions imposed in this Agreement on the rights granted in
+this Agreement are not a derogation of the benefits of such rights. You further
+acknowledges that, in the absence of such restrictions, limitations, conditions
+and exclusions, QTI would not have entered into this Agreement with You. Each
+party shall be responsible for and shall bear its own expenses in connection
+with this Agreement. If any of the provisions of this Agreement are determined
+to be invalid, illegal, or otherwise unenforceable, the remaining provisions
+shall remain in full force and effect. This Agreement is entered into solely
+in the English language, and if for any reason any other language version is
+prepared by any party, it shall be solely for convenience and the English
+version shall govern and control all aspects. If You are located in the
+province of Quebec, Canada, the following applies: The Parties hereby confirm
+they have requested this Agreement and all related documents be prepared
+in English.