139 lines
8.7 KiB
Plaintext
139 lines
8.7 KiB
Plaintext
### CYPRESS WIRELESS CONNECTIVITY DEVICES
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### DRIVER END USER LICENSE AGREEMENT (SOURCE AND BINARY DISTRIBUTION)
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PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE
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DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE, ANY ACCOMPANYING
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DOCUMENTATION, OR ANY UPDATES PROVIDED BY CYPRESS ("Software"). BY
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DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND
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BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
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AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE. IF YOU HAVE
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PURCHASED THE SOFTWARE, YOUR RIGHT TO RETURN THE SOFTWARE EXPIRES 30 DAYS
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AFTER YOUR PURCHASE AND APPLIES ONLY TO THE ORIGINAL PURCHASER.
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Software Provided in Binary Code Form. This paragraph applies to any Software
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provided in binary code form. Subject to the terms and conditions of this
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Agreement, Cypress Semiconductor Corporation ("Cypress") grants you a
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non-exclusive, non-transferable license under its copyright rights in the
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Software to reproduce and distribute the Software in object code form only,
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solely for use in connection with Cypress integrated circuit products
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("Purpose").
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Software Provided in Source Code Form. This paragraph applies to any Software
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provided in source code form ("Cypress Source Code"). Subject to the terms and
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conditions of this Agreement, Cypress grants you a non-exclusive,
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non-transferable license under its copyright rights in the Cypress Source Code
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to reproduce, modify, compile, and distribute the Cypress Source Code (whether
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in source code form or as compiled into binary code form) solely for the
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Purpose. Cypress retains ownership of the Cypress Source Code and any compiled
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version thereof. Subject to Cypress' ownership of the underlying Cypress
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Source Code, you retain ownership of any modifications you make to the
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Cypress Source Code. You agree not to remove any Cypress copyright or other
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notices from the Cypress Source Code and any modifications thereof. Any
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reproduction, modification, translation, compilation, or representation of
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the Cypress Source Code except as permitted in this paragraph is prohibited
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without the express written permission of Cypress.
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Free and Open Source Software. Portions of the Software may be licensed under
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free and/or open source licenses such as the GNU General Public License
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("FOSS"). FOSS is subject to the applicable license agreement and not this
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Agreement. If you are entitled to receive the source code from Cypress for any
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FOSS included with the Software, either the source code will be included with
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the Software or you may obtain the source code at no charge from
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<http://www.cypress.com/go/opensource>. The applicable license terms will
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accompany each source code package. To review the license terms applicable to
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any FOSS for which Cypress is not required to provide you with source code,
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please see the Software's installation directory on your computer.
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Proprietary Rights. The Software, including all intellectual property rights
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therein, is and will remain the sole and exclusive property of Cypress or its
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suppliers. Except as otherwise expressly provided in this Agreement, you may
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not: (i) modify, adapt, or create derivative works based upon the Software;
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(ii) copy the Software; (iii) except and only to the extent explicitly
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permitted by applicable law despite this limitation, decompile, translate,
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reverse engineer, disassemble or otherwise reduce the Software to
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human-readable form; or (iv) use the Software other than for the Purpose.
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No Support. Cypress may, but is not required to, provide technical support for
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the Software.
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Term and Termination. This Agreement is effective until terminated. This
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Agreement and Your license rights will terminate immediately without notice
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from Cypress if you fail to comply with any provision of this Agreement. Upon
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termination, you must destroy all copies of Software in your possession or
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control. Termination of this Agreement will not affect any licenses validly
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granted as of the termination date to any end users of the Software. The
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following paragraphs shall survive any termination of this Agreement: "Free and
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Open Source Software," "Proprietary Rights," "Compliance With Law,"
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"Disclaimer," "Limitation of Liability," and "General."
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Compliance With Law. Each party agrees to comply with all applicable laws,
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rules and regulations in connection with its activities under this Agreement.
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Without limiting the foregoing, the Software may be subject to export control
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laws and regulations of the United States and other countries. You agree to
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comply strictly with all such laws and regulations and acknowledge that you
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have the responsibility to obtain licenses to export, re-export, or import
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the Software.
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Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYPRESS MAKES
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NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE,
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INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF
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MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cypress reserves the
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right to make changes to the Software without notice. Cypress does not assume
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any liability arising out of the application or use of Software or any
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product or circuit described in the Software. Cypress does not authorize its
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products for use as critical components in life-support systems where a
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malfunction or failure may reasonably be expected to result in significant
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injury to the user. The inclusion of Cypress' product in a life-support
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system or application implies that the manufacturer of such system or
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application assumes all risk of such use and in doing so indemnifies Cypress
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against all charges.
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Limitation of Liability. IN NO EVENT WILL CYPRESS OR ITS SUPPLIERS,
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RESELLERS, OR DISTRIBUTORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA,
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OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES
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HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE
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USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF CYPRESS OR ITS SUPPLIERS,
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RESELLERS, OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGES. IN NO EVENT SHALL CYPRESS' OR ITS SUPPLIERS' RESELLERS', OR
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DISTRIBUTORS' TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING
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NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE.
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THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS
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OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
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LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
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LIMITATION MAY NOT APPLY TO YOU.
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Restricted Rights. The Software under this Agreement is commercial computer
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software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If
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acquired by or on behalf of a civilian agency, the U.S. Government acquires
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this commercial computer software and/or commercial computer software
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documentation subject to the terms of this Agreement as specified in 48
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C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal
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Acquisition Regulations ("FAR") and its successors. If acquired by or on
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behalf of any agency within the Department of Defense ("DOD"), the U.S.
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Government acquires this commercial computer software and/or commercial
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computer software documentation subject to the terms of this Agreement as
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specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its
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successors.
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General. This Agreement will bind and inure to the benefit of each party's
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successors and assigns, provided that you may not assign or transfer this
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Agreement, in whole or in part, without Cypress' written consent. This
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Agreement shall be governed by and construed in accordance with the laws of
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the State of California, United States of America, as if performed wholly
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within the state and without giving effect to the principles of conflict of
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law. The parties consent to personal and exclusive jurisdiction of and venue
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in, the state and federal courts within Santa Clara County, California;
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provided however, that nothing in this Agreement will limit Cypress' right to
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bring legal action in any venue in order to protect or enforce its
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intellectual property rights. No failure of either party to exercise or
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enforce any of its rights under this Agreement will act as a waiver of such
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rights. If any portion hereof is found to be void or unenforceable, the
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remaining provisions of this Agreement shall remain in full force and
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effect. This Agreement is the complete and exclusive agreement between the
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parties with respect to the subject matter hereof, superseding and replacing
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any and all prior agreements, communications, and understandings (both
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written and oral) regarding such subject matter. Any notice to Cypress will
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be deemed effective when actually received and must be sent to Cypress
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Semiconductor Corporation, ATTN: Chief Legal Officer, 198 Champion Court, San
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Jose, CA 95134 USA.
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