67
OPEN SOURCE LICENSES
or unauthorized uses, you will fully indemnify,
defend, and hold harmless Freescale, its Affiliates,
subsidiaries, officers and directors, employees,
and distributors from all liability related to such use,
including attorneys' fees and costs.
8.12 Export. If, at the time or times of Freescale's
performance hereunder, an export license is required
for Freescale to lawfully export Licensed Software,
then the issuance of the appropriate licenses to
Freescale or its subcontractor shall constitute a
condition precedent to Freescale's obligations
hereunder. You understand and agree that you will
not by any means or method, export, re-export,
resell, ship or divert or cause to be exported, re-
exported, resold, shipped, or diverted, directly or
indirectly, the Licensed Software, or any Freescale
product or technology except as permitted by and
in accordance with the laws and regulations of the
United States and, if different than the United States,
the country from which the export or re-export
originates.
8.13 International Sale of Goods. The United Nations
Convention on Contracts for the International Sale of
Goods will not apply to this document.
8.14 Audit. You will maintain accurate and up-to-date
records pertaining to this Agreement and will grant
Freescale or its authorized agent access to and
copies of such records and information as requested
by Freescale that pertain to your obligations under
this Agreement.
Such access will be granted upon reasonable
advance written notice, and be conducted during
normal business hours with minimal impact to your
business operations, and subject to confidentiality
restrictions.
You will maintain such records for a period of at
least three (3) years from the date of termination of
this Agreement. You must make prompt adjustment
to compensate for any errors and/or omissions
disclosed by such examination or audit.
APPENDIX A
Other License Grants and Rights:
The Licensed Software may include some or all of the
following software which is not Freescale proprietary
software and the rights granted herein are limited to
those rights provided below:
Open Source Software.
Open source software is not licensed under the terms of
this Agreement, but is instead licensed under the terms
of applicable open source license(s), such as the BSD
License, Apache License or the GNU Lesser General
Public License. Your use of the open source software
is subject to the terms of each applicable license. You
must agree to the terms of each such applicable license,
or you should not use the open source software.
Vivante
If the Licensed Software includes proprietary software
developed by Vivante, your distribution rights are
restricted to providing the
Licensed Software in object code (machine readable),
and only as part of, or embedded within, Authorized
Systems that include a Vivante Graphics Processing
Unit.
Atheros
If the Licensed Software includes proprietary software
developed by Atheros, you must separately obtain rights
beyond evaluation and demonstration in connection with
the Atheros software.
Coding Technologies, acquired by Dolby Laboratories
("CTS")
If the Licensed Software includes software developed
by CTS, you must separately obtain rights beyond
evaluation and demonstration in connection with the CTS
software from Dolby Laboratories.
Microsoft
If the Licensed Software includes software owned by
the Microsoft Corporation ("Microsoft"), it is subject to
the terms of your license with Microsoft (the "Microsoft
Underlying Software") and as such, Freescale grants no
license to you, beyond evaluation and demonstration in
connection with Freescale processors, in the Microsoft
Underlying Software. You must separately obtain rights
beyond evaluation and demonstration in connection with
the Microsoft Underlying Software from Microsoft.
Microsoft does not provide support services for the
components provide to you through this Agreement. If
you have any questions or require technical assistance,
please contact Freescale.
Microsoft Corporation is a third party beneficiary to this
Agreement with the right to enforce the terms of this
Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY LAW,
MICROSOFT AND ITS FFILIATES DISCLAIM ANY
WARRANTIES FOR THE MICROSOFT UNDERLYING
SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW,
NEITHER MICROSOFT NOR ITS AFFILIATES WILL
BE LIABLE, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, FOR ANY DIRECT, INCIDENTAL,
SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME,
INCONVENIENCE, COMMERCIAL LOSS, OR LOST
PROFITS, SAVINGS, OR REVENUES, ARISING
FROM THE FROM THE USE OF THE MICROSOFT
UNDERLYING SOFTWARE.
SanDisk Corporation Software
If the Licensed Software includes software developed by
SanDisk Corporation ("SanDisk"), you must separately
obtain the rights to reproduce and distribute this software
in source code form from SanDisk. Please follow these
easy steps to obtain the license and software:
1. Contact your local SanDisk sales representative to
obtain the SanDisk License Agreement.
2. Sign the license agreement. Fax the signed
agreement to SanDisk USA marketing department at
408-542-0403. The license will be valid when fully
executed by SanDisk.
3. If you have specific questions, please send an email
to
You may only use the SanDisk Corporation Software on
products compatible with a SanDisk Secure Digital Card.
You may not use the SanDisk Corporation Software on
any memory device product. SanDisk retains all rights
to any modifications or derivative works to the SanDisk
Corporation Software that you may create.
Global Locate
If the Licensed Software includes software and hardware
developed by Global Locate, Inc. ("Global Locate"), and
acquired by Broadcom Corporation, you must separately
obtain rights beyond evaluation and demonstration for
the Global Locate software from Broadcom Corporation.
CSR
If the Licensed Software includes software and hardware
developed by Cambridge Silicon Radio, Inc. ("CSR"),
you must separately obtain rights beyond evaluation and
demonstration for the CSR software from CSR.
D
Credits
•This product includes “zlib” open source
software, and is licensed according to the
open source software license.
•This product includes “libusb” open source
software, and is licensed according to the
open source software license.
•This product includes “freetype” open
source software, and is licensed according
to the open source software license.
•This product includes “portmap” open
source software, and is licensed according
to the open source software license.
•This product includes “ncurses” open
source software, and is licensed according
to the open source software license.
This product is based in part on the work
of “Eric Young ([email protected]).”
•This product includes “libjpeg” open
source software, and is licensed according
to the open source software license.
This product is based in part on the work
of “Independent JPEG Group.”
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