LICENCE.cypress

   1 ### CYPRESS WIRELESS CONNECTIVITY DEVICES
   2 ### DRIVER END USER LICENSE AGREEMENT (SOURCE AND BINARY DISTRIBUTION)
   3
   4 PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE
   5 DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE, ANY ACCOMPANYING
   6 DOCUMENTATION, OR ANY UPDATES PROVIDED BY CYPRESS ("Software").  BY
   7 DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND
   8 BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
   9 AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE.  IF YOU HAVE
  10 PURCHASED THE SOFTWARE, YOUR RIGHT TO RETURN THE SOFTWARE EXPIRES 30 DAYS
  11 AFTER YOUR PURCHASE AND APPLIES ONLY TO THE ORIGINAL PURCHASER.
  12
  13 Software Provided in Binary Code Form.  This paragraph applies to any Software
  14 provided in binary code form.  Subject to the terms and conditions of this
  15 Agreement, Cypress Semiconductor Corporation ("Cypress") grants you a
  16 non-exclusive, non-transferable license under its copyright rights in the
  17 Software to reproduce and distribute the Software in object code form only,
  18 solely for use in connection with Cypress integrated circuit products
  19 ("Purpose").
  20
  21 Software Provided in Source Code Form.  This paragraph applies to any Software
  22 provided in source code form ("Cypress Source Code").  Subject to the terms and
  23 conditions of this Agreement, Cypress grants you a non-exclusive,
  24 non-transferable license under its copyright rights in the Cypress Source Code
  25 to reproduce, modify, compile, and distribute the Cypress Source Code (whether
  26 in source code form or as compiled into binary code form) solely for the
  27 Purpose.  Cypress retains ownership of the Cypress Source Code and any compiled
  28 version thereof.  Subject to Cypress' ownership of the underlying Cypress
  29 Source Code, you retain ownership of any modifications you make to the
  30 Cypress Source Code.  You agree not to remove any Cypress copyright or other
  31 notices from the Cypress Source Code and any modifications thereof.  Any
  32 reproduction, modification, translation, compilation, or representation of
  33 the Cypress Source Code except as permitted in this paragraph is prohibited
  34 without the express written permission of Cypress.
  35
  36 Free and Open Source Software.  Portions of the Software may be licensed under
  37 free and/or open source licenses such as the GNU General Public License
  38 ("FOSS").  FOSS is subject to the applicable license agreement and not this
  39 Agreement.  If you are entitled to receive the source code from Cypress for any
  40 FOSS included with the Software, either the source code will  be included with
  41 the Software or you may obtain the source code at no charge from
  42 <http://www.cypress.com/go/opensource>.  The applicable license terms will
  43 accompany each source code package.  To review the license terms applicable to
  44 any FOSS for which Cypress is not required to provide you with source code,
  45 please see the Software's installation directory on your computer.
  46
  47 Proprietary Rights.  The Software, including all intellectual property rights
  48 therein, is and will remain the sole and exclusive property of Cypress or its
  49 suppliers.  Except as otherwise expressly provided in this Agreement, you may
  50 not: (i) modify, adapt, or create derivative works based upon the Software;
  51 (ii) copy the Software; (iii) except and only to the extent explicitly
  52 permitted by applicable law despite this limitation, decompile, translate,
  53 reverse engineer, disassemble or otherwise reduce the Software to
  54 human-readable form; or (iv) use the Software other than for the Purpose.
  55
  56 No Support.  Cypress may, but is not required to, provide technical support for
  57 the Software.
  58
  59 Term and Termination.  This Agreement is effective until terminated, and either
  60 party may terminate this Agreement at any time with or without cause.  Your
  61 license rights under this Agreement will terminate immediately without notice
  62 from Cypress if you fail to comply with any provision of this Agreement.  Upon
  63 termination, you must destroy all copies of Software in your possession or
  64 control.  Termination of this Agreement will not affect any licenses validly
  65 granted as of the termination date to any end users of the Software.  The
  66 following paragraphs shall survive any termination of this Agreement: "Free and
  67 Open Source Software," "Proprietary Rights," "Compliance With Law,"
  68 "Disclaimer," "Limitation of Liability," and "General."
  69
  70 Compliance With Law.  Each party agrees to comply with all applicable laws,
  71 rules and regulations in connection with its activities under this Agreement.
  72 Without limiting the foregoing, the Software may be subject to export control
  73 laws and regulations of the United States and other countries.  You agree to
  74 comply strictly with all such laws and regulations and acknowledge that you
  75 have the responsibility to obtain licenses to export, re-export, or import
  76 the Software.
  77
  78 Disclaimer.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYPRESS MAKES
  79 NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE,
  80 INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF
  81 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cypress reserves the
  82 right to make changes to the Software without notice. Cypress does not assume
  83 any liability arising out of the application or use of Software or any
  84 product or circuit described in the Software. Cypress does not authorize its
  85 products for use as critical components in life-support systems where a
  86 malfunction or failure may reasonably be expected to result in significant
  87 injury to the user. The inclusion of Cypress' product in a life-support
  88 system or application implies that the manufacturer of such system or
  89 application assumes all risk of such use and in doing so indemnifies Cypress
  90 against all charges.
  91
  92 Limitation of Liability.  IN NO EVENT WILL CYPRESS OR ITS SUPPLIERS,
  93 RESELLERS, OR DISTRIBUTORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA,
  94 OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES
  95 HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE
  96 USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF CYPRESS OR ITS SUPPLIERS,
  97 RESELLERS, OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
  98 DAMAGES.  IN NO EVENT SHALL CYPRESS' OR ITS SUPPLIERS' RESELLERS', OR
  99 DISTRIBUTORS' TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING
 100 NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE.
 101 THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS
 102 OF ITS ESSENTIAL PURPOSE.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
 103 LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
 104 LIMITATION MAY NOT APPLY TO YOU.
 105
 106 Restricted Rights.  The Software under this Agreement is commercial computer
 107 software as that term is described in 48 C.F.R. 252.227-7014(a)(1).  If
 108 acquired by or on behalf of a civilian agency, the U.S. Government acquires
 109 this commercial computer software and/or commercial computer software
 110 documentation subject to the terms of this Agreement as specified in 48
 111 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal
 112 Acquisition Regulations ("FAR") and its successors.  If acquired by or on
 113 behalf of any agency within the Department of Defense ("DOD"), the U.S.
 114 Government acquires this commercial computer software and/or commercial
 115 computer software documentation subject to the terms of this Agreement as
 116 specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its
 117 successors.
 118
 119 General.  This Agreement will bind and inure to the benefit of each party's
 120 successors and assigns, provided that you may not assign or transfer this
 121 Agreement, in whole or in part, without Cypress' written consent.  This
 122 Agreement shall be governed by and construed in accordance with the laws of
 123 the State of California, United States of America, as if performed wholly
 124 within the state and without giving effect to the principles of conflict of
 125 law.  The parties consent to personal and exclusive jurisdiction of and venue
 126 in, the state and federal courts within Santa Clara County, California;
 127 provided however, that nothing in this Agreement will limit Cypress' right to
 128 bring legal action in any venue in order to protect or enforce its
 129 intellectual property rights.  No failure of either party to exercise or
 130 enforce any of its rights under this Agreement will act as a waiver of such
 131 rights.  If any portion hereof is found to be void or unenforceable, the
 132 remaining provisions of this Agreement shall remain in full force and
 133 effect.  This Agreement is the complete and exclusive agreement between the
 134 parties with respect to the subject matter hereof, superseding and replacing
 135 any and all prior agreements, communications, and understandings (both
 136 written and oral) regarding such subject matter.  Any notice to Cypress will
 137 be deemed effective when actually received and must be sent to Cypress
 138 Semiconductor Corporation, ATTN: Chief Legal Officer, 198 Champion Court, San
 139 Jose, CA 95134 USA.