borrowed from ubuntu git://git.launchpad.net/~ubuntu-kernel/ubuntu/+source/linux-firmware
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LICENCE.cypress 8.8KB

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