OPEN SOURCE LICENSE
VII
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 hereun-
der, an export license is required for Freescale to lawfully
export Licensed Software, then the issuance of the appropri-
ate 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, di-
rectly or indirectly, the Licensed Software, or any Freescale
product or technology except as permitted by and in accor-
dance 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 Interna-
tional 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 dur-
ing normal business hours with minimal impact to your busi-
ness 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 demonstra-
tion 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 demon-
stration in connection with Freescale processors, in the Microsoft
Underlying Software. You must separately obtain rights beyond
evaluation and demonstration in connection with the Microsoft Un-
derlying 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 MI-
CROSOFT UNDERLYING SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MI-
CROSOFT NOR ITS AFFILIATES WILL BE LIABLE, WHETHER
IN CONTRACT, TORT, OR OTHERWISE, FOR ANY DIRECT, IN-
CIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNI-
TIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE,
COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REV-
ENUES, ARISING FROM THE FROM THE USE OF THE MICRO-
SOFT UNDERLYING SOFTWARE.
SanDisk Corporation Software
If the Licensed Software includes software developed by SanD-
isk 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 prod-
ucts compatible with a SanDisk Secure Digital Card. You may
not use the SanDisk Corporation Software on any memory de-
vice 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 devel-
oped by Global Locate, Inc. ("Global Locate"), and acquired by
BroadcomCorporation, 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 devel-
oped by Cambridge Silicon Radio, Inc. ("CSR"), you must sepa-
rately obtain rights beyond evaluation and demonstration for the
CSR software from CSR.
D
Credits
■
zlib
This product includes “zlib” open source software, and is licensed
according to the open source software license.
■
libevent
This product includes “libevent” open source software, and is li-
censed according to the open source software license.
■
libusb
This product includes “libusb” open source software, and is li-
censed according to the open source software license.
■
freetype
This product includes “freetype” open source software, and is li-
censed according to the open source software license.
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