1 THIS END USER LICENCE AGREEMENT ("LICENCE") IS A LEGAL AGREEMENT 2 BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND 3 ARM LIMITED ("ARM") FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS 4 LICENCE. ARM IS ONLY WILLING TO LICENSE THE SOFTWARE TO YOU ON 5 CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY 6 CLICKING "I AGREE" OR BY INSTALLING OR OTHERWISE USING OR COPYING THE 7 SOFTWARE YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS 8 OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM 9 IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, 10 USE OR COPY THE SOFTWARE, AND YOU SHOULD PROMPTLY RETURN THE SOFTWARE 11 TO YOUR SUPPLIER. 12 13 "Software" means any software, firmware and data accompanying this 14 Licence, any printed, electronic or online documentation supplied with 15 it under the terms of this Licence for the MALI GPU Driver. 16 17 1. LICENCE GRANTS TO YOU. 18 19 1.1 ARM hereby grants to you, subject to the terms and conditions of 20 this Licence, a non-exclusive, non-transferable, revocable, worldwide 21 licence to: (i) use the Software or certain components or optional 22 functionality in the Software, as applicable, solely for the purposes 23 of designing or developing applications for use in conjunction with 24 MALI GPU based products manufactured under licence from ARM; and (ii) 25 modify the Software or certain components or optional functionality in 26 the Software for the purposes of porting the Software to your target; 27 28 2. RESTRICTIONS ON USE OF THE SOFTWARE. 29 30 COPYING: You shall not use or copy the Software except as expressly 31 authorised in this Licence. You may make one additional copy of the 32 delivered Software for backup or archival purposes. 33 34 BENCHMARKING: This Licence does not prevent you from using the 35 Software for internal benchmarking purposes. However, you shall treat 36 any and all benchmarking data relating to the Software, and any other 37 results of your use or testing of the Software which are indicative of 38 its performance, efficacy, reliability or quality, as confidential 39 information and you shall not disclose such information to any third 40 party without the express written permission of ARM. 41 42 COPYRIGHT AND RESERVATION OF RIGHTS: The Software is owned by ARM or 43 its licensors and is protected by copyright and other intellectual 44 property laws and international treaties. The Software is licensed not 45 sold. You acquire no rights to the Software other than as expressly 46 provided by this Licence. You shall not remove from the Software any 47 copyright notice or other notice and shall ensure that any such notice 48 is reproduced in any copies of the whole or any part of the Software 49 made by you or other permitted users. 50 51 REVERSE ENGINEERING: Except to the extent that such activity is 52 permitted by applicable law you shall not reverse engineer, decompile 53 or disassemble any of the Software. If the Software was provided to 54 you in Europe you shall not reverse engineer, decompile or disassemble 55 any of the Software for the purposes of error correction. 56 57 3. SUPPORT. 58 59 ARM is not under an obligation to provide support, but it may do so at 60 its own discretion, and if it does, it will only be in respect of the 61 Software as delivered and not any modifications thereto. 62 63 4. NO WARRANTIES. 64 65 YOU AGREE THAT THE SOFTWARE IS LICENSED "AS IS", AND THAT ARM 66 EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR 67 OTHER TERMS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT 68 LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY 69 QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. 70 71 YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION 72 OF SOFTWARE APPLICATIONS, INCLUDING WITHOUT LIMITATION, SOFTWARE 73 APPLICATIONS DESIGNED OR INTENDED FOR MISSION CRITICAL APPLICATIONS, 74 SUCH AS PACEMAKERS, WEAPONRY, AIRCRAFT NAVIGATION, FACTORY CONTROL 75 SYSTEMS, ETC. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE 76 ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 77 78 5. LIMITATION OF LIABILITY. 79 80 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 81 ARM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL 82 DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR 83 INABILITY TO USE THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT, 84 TORT OR OTHER LEGAL THEORY, EVEN IF ARM WAS ADVISED OF THE POSSIBILITY 85 OF SUCH DAMAGES. 86 87 ARM does not seek to limit or exclude liability for death or personal 88 injury arising from ARM's negligence or ARM's fraud and because some 89 jurisdictions do not permit the exclusion or limitation of liability 90 for consequential or incidental damages the above limitation relating 91 to liability for consequential damages may not apply to you. 92 93 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE, 94 THE MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE 95 AGAINST ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH 96 THE SUBJECT MATTER OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF: 97 (I) THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE; 98 AND (II) $10.00 USD. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT 99 ENLARGE OR EXTEND THE LIMIT. 100 101 6. CONFIDENTIALITY. 102 103 You acknowledge that the Software and any benchmarking data and 104 related information mentioned in Clause 2 may contain trade secrets 105 and confidential material and you agree to maintain all such 106 information in confidence and apply security measures no less 107 stringent than the measures which you apply to protect your own like 108 information, but not less than a reasonable degree of care, to prevent 109 their unauthorised disclosure and use. Subject to any restrictions 110 imposed by applicable law, the period of confidentiality shall be 111 indefinite. You agree not to use any such information other than in 112 normal use of the Software under the licences granted in this Licence. 113 114 7. U.S. GOVERNMENT END USERS. 115 116 US Government Restrictions: Use, duplication, reproduction, release, 117 modification, disclosure or transfer of the Software is restricted in 118 accordance with the terms of this Licence. 119 120 8. TERM AND TERMINATION. 121 122 This Licence shall remain in force until terminated by you or by 123 ARM. Without prejudice to any of its other rights if you are in breach 124 of any of the terms and conditions of this Licence then ARM may 125 terminate this Licence immediately upon giving written notice to you 126 or on thirty (30) days written notice without cause. You may terminate 127 this Licence at any time. Upon termination of this Licence by you or 128 by ARM , you shall stop using the Software and confidential 129 information and destroy all copies of the Software and confidential 130 information in your possession, together with all documentation and 131 related materials. The provisions of clauses 4, 5, 6, 7, 8 and 9 shall 132 survive termination of this Licence. 133 134 9. GENERAL. 135 136 This Licence is governed by English Law. Except where ARM agrees 137 otherwise in: (i) a written contract signed by you and ARM; or (ii) a 138 written contract provided by ARM and accepted by you, this is the only 139 agreement between you and ARM relating to the Software and it may only 140 be modified by written agreement between you and ARM. Except as 141 expressly agreed in writing, this Licence may not be modified by 142 purchase orders, advertising or other representation by any person. If 143 any clause or sentence in this Licence is held by a court of law to be 144 illegal or unenforceable the remaining provisions of this Licence 145 shall not be affected thereby. The failure by ARM to enforce any of 146 the provisions of this Licence, unless waived in writing, shall not 147 constitute a waiver of ARM's rights to enforce such provision or any 148 other provision of this Licence in the future. 149 150 At ARM's request, you agree to check your computers for installations 151 of the Software and any other information requested by ARM relating to 152 Software installation and to provide this information to ARM. You 153 agree that auditors nominated by ARM may also perform such checking 154 and reporting on behalf of ARM by prior appointment during your normal 155 business hours on seven (7) days' notice. ARM shall bear the auditors' 156 costs for that audit unless it reveals unlicensed usage in which case 157 you shall promptly reimburse ARM for all reasonable costs and 158 expenses, including professional fees, relating to such audit. Any 159 information which is disclosed to ARM or such auditors during checking 160 or audit shall be treated as your confidential information and shall 161 only be used by ARM for licence management, compliance and enforcement 162 purposes. 163 164 The Software provided under this Licence is subject to U.S. export 165 control laws, including the U.S. Export Administration Act and its 166 associated regulations, and may be subject to export or import 167 regulations in other countries. You agree to comply fully with all 168 laws and regulations of the United States and other countries ("Export 169 Laws") to assure that the Software, is not (1) exported, directly or 170 indirectly, in violation of Export Laws, either to any countries that 171 are subject to U.S.A. export restrictions or to any end user who has 172 been prohibited from participating in the U.S.A. export transactions 173 by any federal agency of the U.S.A. government; or (2) intended to be 174 used for any purpose prohibited by Export Laws, including, without 175 limitation, nuclear, chemical, or biological weapons proliferation. 176 177 Mali GPU Userspace LES-PRE-20376 178
