123456789101112131415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960616263646566676869707172737475767778798081828384858687888990919293949596979899100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139 |
- ### CYPRESS WIRELESS CONNECTIVITY DEVICES
- ### DRIVER END USER LICENSE AGREEMENT (SOURCE AND BINARY DISTRIBUTION)
-
- PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE
- DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE, ANY ACCOMPANYING
- DOCUMENTATION, OR ANY UPDATES PROVIDED BY CYPRESS ("Software"). BY
- DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND
- BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
- AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE. IF YOU HAVE
- PURCHASED THE SOFTWARE, YOUR RIGHT TO RETURN THE SOFTWARE EXPIRES 30 DAYS
- AFTER YOUR PURCHASE AND APPLIES ONLY TO THE ORIGINAL PURCHASER.
-
- Software Provided in Binary Code Form. This paragraph applies to any Software
- provided in binary code form. Subject to the terms and conditions of this
- Agreement, Cypress Semiconductor Corporation ("Cypress") grants you a
- non-exclusive, non-transferable license under its copyright rights in the
- Software to reproduce and distribute the Software in object code form only,
- solely for use in connection with Cypress integrated circuit products
- ("Purpose").
-
- Software Provided in Source Code Form. This paragraph applies to any Software
- provided in source code form ("Cypress Source Code"). Subject to the terms and
- conditions of this Agreement, Cypress grants you a non-exclusive,
- non-transferable license under its copyright rights in the Cypress Source Code
- to reproduce, modify, compile, and distribute the Cypress Source Code (whether
- in source code form or as compiled into binary code form) solely for the
- Purpose. Cypress retains ownership of the Cypress Source Code and any compiled
- version thereof. Subject to Cypress' ownership of the underlying Cypress
- Source Code, you retain ownership of any modifications you make to the
- Cypress Source Code. You agree not to remove any Cypress copyright or other
- notices from the Cypress Source Code and any modifications thereof. Any
- reproduction, modification, translation, compilation, or representation of
- the Cypress Source Code except as permitted in this paragraph is prohibited
- without the express written permission of Cypress.
-
- Free and Open Source Software. Portions of the Software may be licensed under
- free and/or open source licenses such as the GNU General Public License
- ("FOSS"). FOSS is subject to the applicable license agreement and not this
- Agreement. If you are entitled to receive the source code from Cypress for any
- FOSS included with the Software, either the source code will be included with
- the Software or you may obtain the source code at no charge from
- <http://www.cypress.com/go/opensource>. The applicable license terms will
- accompany each source code package. To review the license terms applicable to
- any FOSS for which Cypress is not required to provide you with source code,
- please see the Software's installation directory on your computer.
-
- Proprietary Rights. The Software, including all intellectual property rights
- therein, is and will remain the sole and exclusive property of Cypress or its
- suppliers. Except as otherwise expressly provided in this Agreement, you may
- not: (i) modify, adapt, or create derivative works based upon the Software;
- (ii) copy the Software; (iii) except and only to the extent explicitly
- permitted by applicable law despite this limitation, decompile, translate,
- reverse engineer, disassemble or otherwise reduce the Software to
- human-readable form; or (iv) use the Software other than for the Purpose.
-
- No Support. Cypress may, but is not required to, provide technical support for
- the Software.
-
- Term and Termination. This Agreement is effective until terminated, and either
- party may terminate this Agreement at any time with or without cause. Your
- license rights under this Agreement will terminate immediately without notice
- from Cypress if you fail to comply with any provision of this Agreement. Upon
- termination, you must destroy all copies of Software in your possession or
- control. Termination of this Agreement will not affect any licenses validly
- granted as of the termination date to any end users of the Software. The
- following paragraphs shall survive any termination of this Agreement: "Free and
- Open Source Software," "Proprietary Rights," "Compliance With Law,"
- "Disclaimer," "Limitation of Liability," and "General."
-
- Compliance With Law. Each party agrees to comply with all applicable laws,
- rules and regulations in connection with its activities under this Agreement.
- Without limiting the foregoing, the Software may be subject to export control
- laws and regulations of the United States and other countries. You agree to
- comply strictly with all such laws and regulations and acknowledge that you
- have the responsibility to obtain licenses to export, re-export, or import
- the Software.
-
- Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYPRESS MAKES
- NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE,
- INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF
- MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cypress reserves the
- right to make changes to the Software without notice. Cypress does not assume
- any liability arising out of the application or use of Software or any
- product or circuit described in the Software. Cypress does not authorize its
- products for use as critical components in life-support systems where a
- malfunction or failure may reasonably be expected to result in significant
- injury to the user. The inclusion of Cypress' product in a life-support
- system or application implies that the manufacturer of such system or
- application assumes all risk of such use and in doing so indemnifies Cypress
- against all charges.
-
- Limitation of Liability. IN NO EVENT WILL CYPRESS OR ITS SUPPLIERS,
- RESELLERS, OR DISTRIBUTORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA,
- OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES
- HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE
- USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF CYPRESS OR ITS SUPPLIERS,
- RESELLERS, OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES. IN NO EVENT SHALL CYPRESS' OR ITS SUPPLIERS' RESELLERS', OR
- DISTRIBUTORS' TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING
- NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE.
- THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS
- OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
- LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
- LIMITATION MAY NOT APPLY TO YOU.
-
- Restricted Rights. The Software under this Agreement is commercial computer
- software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If
- acquired by or on behalf of a civilian agency, the U.S. Government acquires
- this commercial computer software and/or commercial computer software
- documentation subject to the terms of this Agreement as specified in 48
- C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal
- Acquisition Regulations ("FAR") and its successors. If acquired by or on
- behalf of any agency within the Department of Defense ("DOD"), the U.S.
- Government acquires this commercial computer software and/or commercial
- computer software documentation subject to the terms of this Agreement as
- specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its
- successors.
-
- General. This Agreement will bind and inure to the benefit of each party's
- successors and assigns, provided that you may not assign or transfer this
- Agreement, in whole or in part, without Cypress' written consent. This
- Agreement shall be governed by and construed in accordance with the laws of
- the State of California, United States of America, as if performed wholly
- within the state and without giving effect to the principles of conflict of
- law. The parties consent to personal and exclusive jurisdiction of and venue
- in, the state and federal courts within Santa Clara County, California;
- provided however, that nothing in this Agreement will limit Cypress' right to
- bring legal action in any venue in order to protect or enforce its
- intellectual property rights. No failure of either party to exercise or
- enforce any of its rights under this Agreement will act as a waiver of such
- rights. If any portion hereof is found to be void or unenforceable, the
- remaining provisions of this Agreement shall remain in full force and
- effect. This Agreement is the complete and exclusive agreement between the
- parties with respect to the subject matter hereof, superseding and replacing
- any and all prior agreements, communications, and understandings (both
- written and oral) regarding such subject matter. Any notice to Cypress will
- be deemed effective when actually received and must be sent to Cypress
- Semiconductor Corporation, ATTN: Chief Legal Officer, 198 Champion Court, San
- Jose, CA 95134 USA.
|