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-LES-PRE-20769
-SP-Version: 1.0
-25 November 2015
-
-END USER LICENCE AGREEMENT FOR THE MALI USERSPACE DRIVER ("Mali DRIVER")
-
-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 for the Mali Driver.
-
-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 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
-
-(ii) subject to Clause 1.2, distribute the whole of the Software;
- and/or (b) the whole or any part of the Software together
- with, or as incorporated into, Applications; and
-
-1.2 If you choose to redistribute the whole or any part of the
-Software pursuant to the licences granted in Clause 1.1(ii), 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.
-
-BENCHMARKING: This Licence does not prevent you from using the
-Software for benchmarking purposes. However, you shall ensure that any
-and all benchmarking data relating to the Software, and any other
-results of your use or testing of the Software which are indicative of
-its performance, efficacy, reliability or quality, shall not be used
-to disparage ARM, its products or services, or in a manner that, in
-ARM's reasonable judgment, may diminish or otherwise damage the
-reputation of ARM.
-
-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.
-
-At ARM's request, you agree to check your computers for installations
-of the Software and any other information requested by ARM relating to
-Software installation and to provide this information to ARM. You
-agree that auditors nominated by ARM may also perform such checking
-and reporting on behalf of ARM by prior appointment during your normal
-business hours on seven (7) days' notice. ARM shall bear the auditors'
-costs for that audit unless it reveals unlicensed usage in which case
-you shall promptly reimburse ARM for all reasonable costs and
-expenses, including professional fees, relating to such audit. Any
-information which is disclosed to ARM or such auditors during checking
-or audit shall be treated as your confidential information and shall
-only be used by ARM for licence management, compliance and enforcement
-purposes.
-
-The Software provided under this Agreement is subject to U.K.,
-European Union, and U.S. export control laws and regulations,
-including the U.S. Export Administration Act and its associated
-regulations (hereafter collectively referred to as "Export
-Regulations"). LICENSEE agrees to comply fully with all such Export
-Regulations and LICENSEE agrees that it shall not, either directly or
-indirectly, export in breach of the Export Regulations, any Software
-received under this Agreement, nor any direct products thereof; (i) to
-any country, company or person subject to export restrictions or
-sanctions under the Export Regulations; 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.