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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. |