From 6b4d032d4964caaa85be4ba8f3a7874afbf958cc Mon Sep 17 00:00:00 2001 From: Daniel Baumann Date: Fri, 19 Apr 2024 10:09:22 +0200 Subject: Adding upstream version 20230625. Signed-off-by: Daniel Baumann --- LICENSE.cirrus | 182 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 182 insertions(+) create mode 100644 LICENSE.cirrus (limited to 'LICENSE.cirrus') diff --git a/LICENSE.cirrus b/LICENSE.cirrus new file mode 100644 index 0000000..c9d7c22 --- /dev/null +++ b/LICENSE.cirrus @@ -0,0 +1,182 @@ +Use, distribution, or reproduction of this CIRRUS LOGIC software is governed by +the terms of this Agreement. Any use, distribution or reproduction of this +CIRRUS LOGIC software constitutes your acceptance of the following terms and +conditions. + +1. DEFINED TERMS + +“CIRRUS LOGIC” means either Cirrus Logic, Inc., a Delaware Corporation (for +licensees based in the United States), or Cirrus Logic International (UK) Ltd, a +company registered in Scotland (for licensees based outside the United States). + +“Licensee” means the party which has accepted these terms, including by +distributing, reproducing and/or using the Software. +“Software” means software provided to Licensee in binary code form, that runs or +is intended to run on a processor embedded in an end product (and related files +and documentation) (“Software”). + +2. GRANT OF LICENSE + +a. Subject to the terms, conditions, and limitations of this Agreement, CIRRUS +LOGIC grants to Licensee a non-exclusive , non-transferable license (the +“License”) to (i) use and integrate the Software with other software, and (ii) +reproduce and distribute the Software in its complete and unmodified form, +provided all use of the Software is in connection with CIRRUS LOGIC +semiconductor devices. These license rights do not automatically extend to any +third-party software within the Software for which a separate license is +required to enable use by the Licensee. Licensee must agree applicable license +terms with the relevant third-party licensors to use such software. +b. Licensee (i) shall not remove or obscure any copyright and/or trademark +notices from the Software, and (ii) shall maintain and reproduce all copyright +and other proprietary notices on any copy in the same form and manner that such +notices are included on the Software (except if the Software is embedded such +that it is not readily accessible to an end user). +c. Licensee may not make any modifications to the Software and may only +distribute the Software under the terms of this Agreement. Recipients of the +Software must be provided with a copy of this Agreement. + +3. TERMINATION + +a. This Agreement will automatically terminate if Licensee does not comply with +its terms. +b. In the event of termination: +i. Licensee must destroy all copies of the Software (and parts thereof), and all +Proprietary Information (as defined below), including any original, backup, or +archival copy that Licensee may have installed, downloaded, or recorded on any +medium. Upon written request from CIRRUS LOGIC, Licensee will certify in +writing that it has complied with this provision and has not retained any copies +of the Software or any Proprietary Information; +ii. the rights and licenses granted to Licensee under this Agreement will +immediately terminate; +iii. all rights and obligations under this Agreement which by their nature +should survive termination, will remain in full force and effect. + +4. OWNERSHIP, RIGHTS, USE LIMITATIONS, AND DUTIES + +a. CIRRUS LOGIC and/or its licensors own all proprietary rights in the Software. + Whilst this Agreement is in effect, Licensee hereby covenants that it will not +assert any claim that the Software infringes any intellectual property rights +owned or controlled by Licensee. +b. Other than as expressly set forth in this Agreement, CIRRUS LOGIC does not +grant, and Licensee does not receive, any ownership right, title or interest in +any intellectual property rights relating to the Software, nor in any copy of +any part of the foregoing. No license is granted to Licensee in any human +readable code of the Software (source code). +c. Licensee shall not (i) use, license, sell or otherwise distribute the +Software except as provided in this Agreement, (ii) attempt to modify in any +way, reverse engineer, decompile or disassemble any portion of the Software; or +(iii) use the Software or other material in violation of any applicable law or +regulation. +d. The Software is not intended or authorized for use in or with products for +which CIRRUS LOGIC semiconductor devices are not designed, tested or intended, +as detailed in the CIRRUS LOGIC Terms and Conditions of Sale, available at +www.cirrus.com/legal (as the same may be updated from time to time), which shall +apply to Licensee’s use of Software, insofar as relevant thereto. +e. CIRRUS LOGIC may require Licensee to cease using a version of the Software, +and may require use of an updated version, where (a) a third-party has claimed +that the Software infringes its intellectual property rights, and/or (b) for +technical reasons CIRRUS LOGIC is no longer able to permit ongoing use of the +version of the Software being used by Licensee. +f. If Licensee requests support, CIRRUS LOGIC has no obligation to provide any +such support but if it agrees to do so any such support will be on a reasonable +efforts basis. +g. Licensee shall keep complete and accurate records of its use of the Software +and shall, on request, promptly provide to CIRRUS LOGIC a certificate evidencing +the extent of such use. + +5. CONFIDENTIALITY + +a. Licensee may obtain or be provided with information relating to the Software, +including in documentation provided to it (“Proprietary Information”). Such +Proprietary Information shall belong solely to CIRRUS LOGIC and/or its +affiliates (or, as the case may be, relevant third parties). +b. During and after the term of this Agreement, Licensee agrees to maintain all +such Proprietary Information in strict confidence and to not use (except as +expressly authorized in this Agreement), disclose, or provide any third-party +with access to any Proprietary Information except under a written agreement with +terms at least as protective as the terms of this Agreement. Licensee also +agrees to exercise the same degree of care and diligence as it uses in respect +of its own confidential and proprietary information when dealing with CIRRUS +LOGIC Proprietary Information, and in any event no less than reasonable care and +diligence. +c. Information will not be considered Proprietary Information if (i) it becomes +public knowledge other than through any act or omission constituting a breach of +the Licensee’s obligations under this Agreement; (ii) the Licensee can prove it +was already in the Licensee’s possession and at its free disposal before the +disclosure hereunder; and (iii) it was received in good faith from a third party +having no obligation of confidentiality and which is free to disclose such +Confidential Information + +6. NO WARRANTIES OR LIABILITIES + +LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE SOFTWARE IS PROVIDED BY +CIRRUS LOGIC “AS IS” WITHOUT ANY WARRANTIES WHATSOEVER AND THAT THE +INSTALLATION, OPERATION AND USE OF THE SOFTWARE IS AT LICENSEE’S OWN RISK. +CIRRUS LOGIC MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND EXPRESSLY +DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR +PURPOSE, GOOD TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR PERFORMANCE OR +WHICH MAY ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. CIRRUS LOGIC +PROVIDES NO WARRANTY THAT THE SOFTWARE IS FREE FROM DEFECTS OR CHARACTERISTICS +THAT COULD CAUSE VULNERABILITY TO CYBER-ATTACK, DATA BREACH OR PRIVACY +VIOLATIONS. CIRRUS LOGIC SHALL IN NO EVENT BE LIABLE TO LICENSEE OR ANYONE ELSE +FOR ANY LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR PART BY THE INSTALLATION, +OPERATION OR USE OF THE SOFTWARE, LICENSEE’S INCORRECT USE OF THE SOFTWARE +INCLUDING ANY FAILURE TO PROPERLY INSTALL ANY UPDATES TO THE SOFTWARE OR OTHER +SOFTWARE WITH WHICH THE SOFTWARE OPERATES OR WHICH IT UPDATES, OR IS INTENDED TO +OPERATE WITH OR UPDATE, OR THE RESULTS PRODUCED BY, OR FAILURES, DELAYS, OR +INTERRUPTIONS OF THE SOFTWARE. WITHOUT LIMITING THE FOREGOING GENERALITY, +CIRRUS LOGIC SHALL IN NO EVENT BE LIABLE WITH RESPECT TO ANY INTELLECTUAL +PROPERTY INFRINGEMENT CLAIMS WHICH ARISE FROM, OR IN ANY WAY RELATE TO, USE OF +THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS RELATING TO HAPTICS ON A +COMPONENT OR SYSTEM LEVEL. CIRRUS LOGIC AND ITS LICENSORS SHALL IN NO EVENT BE +LIABLE TO LICENSEE OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR +SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS ARISING OUT OF OR +RELATING TO THE INSTALLATION, OPERATION OR USE OF THE SOFTWARE. BECAUSE SOME +JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR +TYPES OF CLAIM OR LOSS THEN IN SUCH INSTANCES THE ABOVE EXCLUSIONS SHALL BE +INTERPRETED TO APPLY TO THE EXTENT PERMITTED BY LOCAL LAW. SUBJECT TO THE +FOREGOING, THE TOTAL LIABILITY OF CIRRUS LOGIC AND ITS LICENSORS TO LICENSEE +UNDER THIS AGREEMENT, AND/OR ARISING FROM, OR IN CONNECTION WITH, THE USE OF (OR +INABILITY TO USE) THE SOFTWARE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING +NEGLIGENCE), QUASI TORT, OR OTHERWISE SHALL NOT EXCEED THE LICENSE FEES (IF ANY) +PAID BY LICENSEE FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM, OR TEN THOUSAND +U.S. DOLLARS (U.S. $10,000), WHICHEVER IS GREATER. + +7. EXPORT AND END USE RESTRICTIONS + +Licensee acknowledges that the Software is subject to United States and other +applicable export related laws and regulations (“Export Laws”). Licensee +agrees that it may not export, re-export or transfer the Software or any direct +product of the Software other than in accordance with those Export Laws. +Licensee further agrees to be bound by, and to act in accordance with, +provisions of the CIRRUS LOGIC Terms and Conditions of Sale available at +www.cirrus.com/legal (as updated from time to time), including insofar as they +relate to export/end use restrictions. + +8. GENERAL PROVISIONS + +This Agreement is not assignable or sub-licensable by Licensee without the prior +written consent of CIRRUS LOGIC. CIRRUS LOGIC may sub-license or assign any or +all of its rights and obligations under this Agreement without Licensee’s +consent. The waiver by either party of a breach of this Agreement shall not +constitute a waiver of any subsequent breach of this Agreement; nor shall any +delay to exercise any right under this Agreement operate as a waiver of such +right. This Agreement shall be deemed to have been made in, and shall be +construed pursuant to the laws of, the State of Texas without regard to +conflicts of laws provisions thereof. Both parties hereby consent to the +exclusive jurisdiction of the State of Texas and the locale of Austin therein. +The prevailing party in any action to enforce this Agreement shall be entitled +to recover costs and expenses including, without limitation, attorneys' fees. +The parties agree that CIRRUS LOGIC and its licensors shall be entitled to +equitable relief in addition to any remedies it may have hereunder or at law. + +9. ENTIRE AGREEMENT + +This Agreement and any terms referenced or incorporated herein, constitutes the +entire agreement between Licensee and CIRRUS LOGIC with respect to the Software +provided pursuant to this Agreement and supersedes any other agreement between +Licensee and CIRRUS LOGIC with respect thereto (including terms presented and/or +accepted as part of an installation process), but does not otherwise replace, +modify or cancel any other written agreement between Licensee and CIRRUS LOGIC. +If there is any inconsistency between these terms and those presented as part of +the process to install the Software, these terms will prevail. -- cgit v1.2.3