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Copyright 2023 Arm Ltd.
END USER LICENCE AGREEMENT FOR THE MALI FIRMWARE
THIS END USER LICENCE AGREEMENT (“LICENCE”) IS A LEGAL AGREEMENT BETWEEN YOU
(EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND ARM LIMITED ("ARM")
FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS LICENCE. ARM IS ONLY WILLING
TO LICENSE THE SOFTWARE TO YOU ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS
IN THIS LICENCE. BY INSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU
INDICATE THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS LICENCE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE
THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE, AND
YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO YOUR SUPPLIER.
“Applications” means applications for use solely in conjunction with Mali-based
products manufactured under licence from ARM.
“Output” means data resulting from your use of the Software and all direct
and indirect derivatives thereof.
“Software” means any software, firmware and data accompanying this Licence,
any printed, electronic or online documentation supplied with it under the
terms of this Licence.
1. LICENCE GRANTS TO YOU.
1.1 ARM hereby grants to you, subject to the terms and conditions of this
Licence, a non-exclusive, non-transferable, revocable, worldwide licence to:
(i) Use the Software for the purposes of installation;
(ii) use and copy the Software or certain components or optional
functionality in the Software, as applicable, solely for the
purposes of running, designing or developing Applications; and
(iii) subject to Clause 1.2, distribute the whole of the Software
either standalone and/or as incorporated into, Applications.
1.2 If you choose to redistribute the whole or any part of the Software
pursuant to the licences granted in Clause 1.1(iii), you agree:
(i) not to use ARM’s or any of its licensors names, logos or trademarks
to market Applications;
(ii) to retain any and all copyright notices and other notices (whether
ARM’s or its licensor’s) which are included with the Software; and
(iii) include a copy of this Licence with such redistribution.
2. RESTRICTIONS ON USE OF THE SOFTWARE.
COPYRIGHT AND RESERVATION OF RIGHTS: The Software is owned by ARM or its
licensors and is protected by copyright and other intellectual property laws
and international treaties. The Software is licensed not sold. You acquire
no rights to the Software other than as expressly provided by this Licence.
You shall not remove from the Software any copyright notice or other notice
and shall ensure that any such notice is reproduced in any copies of the
whole or any part of the Software made by you or other permitted users.
REVERSE ENGINEERING: Except to the extent that such activity is permitted
by applicable law you shall not reverse engineer, decompile or disassemble
any of the Software. If the Software was provided to you in Europe you shall
not reverse engineer, decompile or disassemble any of the Software for the
purposes of error correction.
RESTRICTED USE
You agree that you shall not use the Software or the Output other than pursuant
to and in accordance with the exercise of any of the licences granted under
this Licence. Without limiting the generality of the foregoing, you shall not
use the Software or any Output: (a) for determining if any features, functions
or processes provided by the Software are covered by any patents or patent
applications owned by you or a third party; or (b) for developing technology,
applications or products which avoid any of ARM’s intellectual property in the
Software licensed hereunder; or (c) as a reference for modifying existing patents
or patent applications or creating any continuation, continuation in part, or
extension of existing patents or patent applications.
3. SUPPORT.
ARM is not under an obligation to provide support, but it may do so at its own
discretion, and if it does, it will only be in respect of the Software as delivered.
4. NO WARRANTIES.
YOU AGREE THAT THE SOFTWARE IS LICENSED “AS IS”, AND THAT ARM EXPRESSLY
DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS,
EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY QUALITY, AND
FITNESS FOR A PARTICULAR PURPOSE.
YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF
APPLICATIONS, INCLUDING WITHOUT LIMITATION, APPLICATIONS DESIGNED OR
INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS, WEAPONRY,
AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULD THE SOFTWARE
PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
5. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARM
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE
THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT, TORT OR OTHER LEGAL
THEORY, EVEN IF ARM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARM does not seek to limit or exclude liability for death or personal injury
arising from ARM's negligence or ARM’s fraud and because some jurisdictions
do not permit the exclusion or limitation of liability for consequential
or incidental damages the above limitation relating to liability for
consequential damages may not apply to you.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE, THE
MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST
ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT
MATTER OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL OF
SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE; AND (II) $10.00 USD.
THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THE LIMIT.
6. U.S. GOVERNMENT END USERS.
US Government Restrictions: Use, duplication, reproduction, release,
modification, disclosure or transfer of the Software is restricted in
accordance with the terms of this Licence.
7. TERM AND TERMINATION.
This Licence shall remain in force until terminated by you or by ARM.
Without prejudice to any of its other rights if you are in breach of any
of the terms and conditions of this Licence then ARM may terminate this
Licence immediately upon giving written notice to you or on thirty (30)
days written notice without cause. You may terminate this Licence at
any time. Upon termination of this Licence by you or by ARM , you shall
stop using the Software and destroy all copies of the Software in your
possession, together with all documentation and related materials.
The provisions of clauses 2, 3, 4, 5, 6, 7, and 8 shall survive
termination of this Licence.
8. GENERAL.
This Licence is governed by English Law. Except where ARM agrees otherwise
in: (i) a written contract signed by you and ARM; or (ii) a written
contract provided by ARM and accepted by you, this is the only
agreement between you and ARM relating to the Software and it may
only be modified by written agreement between you and ARM. Except as
expressly agreed in writing, this Licence may not be modified by purchase
orders, advertising or other representation by any person. If any clause
or sentence in this Licence is held by a court of law to be illegal or
unenforceable the remaining provisions of this Licence shall not be affected
thereby. The failure by ARM to enforce any of the provisions of this Licence,
unless waived in writing, shall not constitute a waiver of ARM's rights to
enforce such provision or any other provision of this Licence in the future.
The Software provided under this License may be subject to U.K., European Union,
and U.S. export control and sanctions laws and regulations, including the U.S.
Export Administration Regulations (“EAR”) (hereafter collectively referred to
as “Export Regulations”). The parties agree to comply fully with all applicable
Export Regulations. You agree that you shall not, either directly or indirectly,
export in breach of the Export Regulations the Software received under this
License, nor any direct products thereof: (i) to any country, company or person
subject to export restrictions or sanctions under the applicable Export Regulations
without required export authorisation; or (ii) for any prohibited end use, which
at the time of export requires an export license or other governmental approval,
without first obtaining such license or approval. The specific export controls
applicable to the Software is determined by the relevant ECCN. Arm will provide
ECCNs for licensed products upon request to tradecompliance@arm.com. You are
responsible for determining the jurisdiction and classification of the designs
you create the Software. The Software provided under this License are dual-use,
and are not listed on the UK Military List, nor are they subject to the
International Traffic in Arms Regulations (ITAR), the 600 Series of the EAR or
other military export control regimes. The parties are prohibited from sharing
ITAR-controlled technical data, 600 series-controlled technology, other export
controlled military data, or any other data that might require an export license
or other export authorisation without prior written consent from the other party.
Further, Arm is expressly authorised to use non-U.S. citizens for the performance
of this License with the exception of nationals of Country Group E:1 and E:2 as
listed in Supp. 1 to Part 740 of the EAR, which shall only be permitted in full
compliance with all applicable laws.
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