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LICENSE.qcom 14KB

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  1. PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT IS
  2. A BINDING LEGAL AGREEMENT ENTERED INTO BY AND BETWEEN YOU (OR IF YOU ARE
  3. ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN THE ENTITY THAT YOU
  4. REPRESENT) AND QUALCOMM TECHNOLOGIES, INC. ("QTI" "WE" "OUR" OR "US"). THIS IS
  5. THE AGREEMENT THAT APPLIES TO YOUR USE OF THE DESIGNATED AND/OR LINKED
  6. APPLICATIONS, THE ENCLOSED QUALCOMM TECHNOLOGIES' MATERIALS, INCLUDING RELATED
  7. DOCUMENTATION AND ANY UPDATES OR IMPROVEMENTS THEREOF
  8. (COLLECTIVELY, "MATERIALS"). BY USING OR COMPLETING THE INSTALLATION OF THE
  9. MATERIALS, YOU ARE ACCEPTING THIS AGREEMENT AND YOU AGREE TO BE BOUND BY ITS
  10. TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, QTI IS UNWILLING TO
  11. AND DOES NOT LICENSE THE MATERIALS TO YOU. IF YOU DO NOT AGREE TO THESE TERMS
  12. YOU MUST DISCONTINUE THE INSTALLATION PROCESS AND YOU MAY NOT USE THE MATERIALS
  13. OR RETAIN ANY COPIES OF THE MATERIALS. ANY USE OR POSSESSION OF THE MATERIALS
  14. BY YOU IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
  15. 1. RIGHT TO USE DELIVERABLES; RESTRICTIONS.
  16. 1.1 License. Subject to the terms and conditions of this Agreement,
  17. including, without limitation, the restrictions, conditions, limitations and
  18. exclusions set forth in this Agreement, QTI hereby grants to you a
  19. nonexclusive, limited license under QTI's copyrights to: (i) install and use
  20. the Materials; and (ii) to reproduce and redistribute the binary code portions
  21. of the Materials (the "Redistributable Binary Code"). You may make and use a
  22. reasonable number of copies of any documentation.
  23. 1.2 Redistribution Restrictions. Distribution of the Redistributable Binary
  24. Code is subject to the following restrictions: (i) Redistributable Binary Code
  25. may only be distributed in binary format and may not be distributed in source
  26. code format:; (ii) the Redistributable Binary Code may only operate in
  27. conjunction with platforms incorporating Qualcomm Technologies, Inc. chipsets;
  28. (iii) redistribution of the Redistributable Binary Code must include the .txt
  29. file setting forth the terms and condition of this Agreement; (iv) you may not
  30. use Qualcomm Technologies' or its affiliates or subsidiaries name, logo or
  31. trademarks; and (v) copyright, trademark, patent and any other notices that
  32. appear on the Materials may not be removed or obscured.
  33. 1.3 Additional Restrictions. Except as expressly permitted by this Agreement,
  34. you shall have no right to sublicense, transfer or otherwise disclose the
  35. Materials to any third party. You shall not reverse engineer, reverse
  36. assemble, reverse translate, decompile or reduce to source code form any
  37. portion of the Materials provided in object code form or executable form.
  38. Except for the purposes expressly permitted in this Agreement, You shall not
  39. use the Materials for any other purpose. QTI (or its licensors) shall retain
  40. title and all ownership rights in and to the Materials and any alterations,
  41. modifications (including all derivative works), translations or adaptations
  42. made of the Materials, and all copies thereof, and nothing herein shall be
  43. deemed to grant any right to You under any of QTI's or its affiliates'
  44. patents. You shall not subject the Materials to any third party license
  45. terms (e.g., open source license terms). You shall not use the Materials for
  46. the purpose of identifying or providing evidence to support any potential
  47. patent infringement claim against QTI, its affiliates, or any of QTI's or
  48. QTI's affiliates' suppliers and/or direct or indirect customers. QTI hereby
  49. reserves all rights not expressly granted herein.
  50. 1.4 Third Party Software and Materials. The Software may contain or link to
  51. certain software and/or materials that are written or owned by third parties.
  52. Such third party code and materials may be licensed under separate or
  53. different terms and conditions and are not licensed to you under the terms of
  54. this Agreement. You agree to comply with all terms and conditions imposed on
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  56. impose certain obligations on you as a condition to the permitted use of such
  57. third party code and materials. QTI does not represent or warrant that such
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  59. code and materials to you.
  60. 1.5 Feedback. QTI may from time to time receive suggestions, feedback or
  61. other information from You regarding the Materials. Any suggestions, feedback
  62. or other disclosures received from You are and shall be entirely voluntary on
  63. the part of You. Notwithstanding any other term in this Agreement, QTI shall
  64. be free to use suggestions, feedback or other information received from You,
  65. without obligation of any kind to You. The Parties agree that all inventions,
  66. product improvements, and modifications conceived of or made by QTI that are
  67. based, either in whole or in part, on ideas, feedback, suggestions, or
  68. recommended improvements received from You are the exclusive property of QTI,
  69. and all right, title and interest in and to any such inventions, product
  70. improvements, and modifications will vest solely in QTI.
  71. 1.6 No Technical Support. QTI is under no obligation to provide any form of
  72. technical support for the Materials, and if QTI, in its sole discretion,
  73. chooses to provide any form of support or information relating to the
  74. Materials, such support and information shall be deemed confidential and
  75. proprietary to QTI.
  76. 2. WARRANTY DISCLAIMER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF
  77. THE MATERIALS IS AT YOUR SOLE RISK. THE MATERIALS AND TECHNICAL SUPPORT, IF
  78. ANY, ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR
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  80. IMPLIED, WITH RESPECT TO THE MATERIALS OR ANY OTHER INFORMATION OR DOCUMENTATION
  81. PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
  82. MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR
  83. ANY EXPRESS OR IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF
  84. DEALING OR COURSE OF PERFORMANCE. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE
  85. CONSTRUED AS (I) A WARRANTY OR REPRESENTATION BY QTI, ITS LICENSORS OR
  86. AFFILIATES AS TO THE VALIDITY OR SCOPE OF ANY PATENT, COPYRIGHT OR OTHER
  87. INTELLECTUAL PROPERTY RIGHT OR (II) A WARRANTY OR REPRESENTATION BY QTI THAT ANY
  88. MANUFACTURE OR USE WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS OR
  89. OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND IT SHALL BE THE SOLE
  90. RESPONSIBILITY OF YOU TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO
  91. THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY OF
  92. THIRD PARTIES.
  93. 3. NO OTHER LICENSES OR INTELLECTUAL PROPERTY RIGHTS. Neither this Agreement,
  94. nor any act by QTI or any of its affiliates pursuant to this Agreement or
  95. relating to the Materials (including, without limitation, the provision by QTI
  96. or its affiliates of the Materials), shall provide to You any license or any
  97. other rights whatsoever under any patents, trademarks, trade secrets, copyrights
  98. or any other intellectual property of QTI or any of its affiliates, except for
  99. the copyright rights expressly licensed under this Agreement. You understand and
  100. agree that:
  101. (i) Neither this Agreement, nor delivery of the Materials, grants any right to
  102. practice, or any other right at all with respect to, any patent of QTI or any
  103. of its affiliates; and
  104. (ii) A separate license agreement from QUALCOMM Incorporated is needed to use
  105. or practice any patent of QUALCOMM Incorporated. You agree not to contend in
  106. any context that, as a result of the provision or use of the Materials, either
  107. QTI or any of its affiliates has any obligation to extend, or You or any other
  108. party has obtained any right to, any license, whether express or implied, with
  109. respect to any patent of QTI or any of its affiliates for any purpose.
  110. 4. TERMINATION. This Agreement shall be effective upon acceptance, or access or
  111. use of the Materials (whichever occurs first) by You and shall continue until
  112. terminated. You may terminate the Agreement at any time by deleting and
  113. destroying all copies of the Materials and all related information in Your
  114. possession or control. This Agreement terminates immediately and automatically,
  115. with or without notice, if You fail to comply with any provision hereof.
  116. Additionally, QTI may at any time terminate this Agreement, without cause, upon
  117. notice to You. Upon termination You must, to the extent possible, delete or
  118. destroy all copies of the Materials in Your possession and the license granted
  119. to You in this Agreement shall terminate. Sections 1.2 through 10 shall survive
  120. the termination of this Agreement. In the event that any restrictions,
  121. conditions, limitations are found to be either invalid or unenforceable, the
  122. rights granted to You in Section 1 (License) shall be null, void and ineffective
  123. from the Effective Date, and QTI shall also have the right to terminate this
  124. Agreement immediately, and with retroactive effect to the effective date.
  125. 5. LIMITATION OF LIABILITY. IN NO EVENT SHALL QTI, QTI's AFFILIATES OR ITS
  126. LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES,
  127. INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL
  128. DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE, OR THE DELIVERY OR FAILURE
  129. TO DELIVER, ANY OF THE DELIVERABLES, OR ANY BREACH OF ANY OBLIGATION UNDER THIS
  130. AGREEMENT, EVEN IF QTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  131. THE FOREGOING LIMITATION OF LIABILITY SHALL REMAIN IN FULL FORCE AND EFFECT
  132. REGARDLESS OF WHETHER YOUR REMEDIES HEREUNDER ARE DETERMINED TO HAVE FAILED OF
  133. THEIR ESSENTIAL PURPOSE. THE ENTIRE LIABILITY OF QTI, QTI's AFFILIATES AND ITS
  134. LICENSORS, AND THE SOLE AND EXCLUSIVE REMEDY OF YOU, FOR ANY CLAIM OR CAUSE OF
  135. ACTION ARISING HEREUNDER (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT
  136. EXCEED US$50.
  137. 6. INDEMNIFICATION. You agree to indemnify and hold harmless QTI and its
  138. officers, directors, employees and successors and assigns against any and all
  139. third party claims, demands, causes of action, losses, liabilities, damages,
  140. costs and expenses, incurred by QTI (including but not limited to costs of
  141. defense, investigation and reasonable attorney's fees) arising out of, resulting
  142. from or related to: (i) any breach of this Agreement by You; and (ii) your acts,
  143. omissions, products and services. If requested by QTI, You agree to defend QTI
  144. in connection with any third party claims, demands, or causes of action
  145. resulting from, arising out of or in connection with any of the foregoing.
  146. 7. ASSIGNMENT. You shall not assign this Agreement or any right or interest
  147. under this Agreement, nor delegate any obligation to be performed under this
  148. Agreement, without QTI's prior written consent. For purposes of this Section 7,
  149. an "assignment" by You under this Section shall be deemed to include, without
  150. limitation, any merger, consolidation, sale of all or substantially all of its
  151. assets, or any substantial change in the management or control of You.
  152. Any attempted assignment in contravention of this Section 9 shall be void.
  153. QTI may freely assign this Agreement or delegate any or all of its rights and
  154. obligations hereunder to any third party.
  155. 8. COMPLIANCE WITH LAWS; APPLICABLE LAW. You agree to comply with all
  156. applicable local, international and national laws and regulations and with U.S.
  157. Export Administration Regulations, as they apply to the subject matter of this
  158. Agreement. This Agreement is governed by the laws of the State of California,
  159. excluding California's choice of law rules.
  160. 9. CONTRACTING PARTIES. If the Materials are downloaded on any computer owned
  161. by a corporation or other legal entity, then this Agreement is formed by and
  162. between QTI and such entity. The individual accepting the terms of this
  163. Agreement represents and warrants to QTI that they have the authority to bind
  164. such entity to the terms and conditions of this Agreement.
  165. 10. MISCELLANEOUS PROVISIONS. This Agreement, together with all exhibits
  166. attached hereto, which are incorporated herein by this reference, constitutes
  167. the entire agreement between QTI and You and supersedes all prior negotiations,
  168. representations and agreements between the parties with respect to the subject
  169. matter hereof. No addition or modification of this Agreement shall be effective
  170. unless made in writing and signed by the respective representatives of QTI and
  171. You. The restrictions, limitations, exclusions and conditions set forth in this
  172. Agreement shall apply even if QTI or any of its affiliates becomes aware of or
  173. fails to act in a manner to address any violation or failure to comply
  174. therewith. You hereby acknowledge and agree that the restrictions, limitations,
  175. conditions and exclusions imposed in this Agreement on the rights granted in
  176. this Agreement are not a derogation of the benefits of such rights. You further
  177. acknowledges that, in the absence of such restrictions, limitations, conditions
  178. and exclusions, QTI would not have entered into this Agreement with You. Each
  179. party shall be responsible for and shall bear its own expenses in connection
  180. with this Agreement. If any of the provisions of this Agreement are determined
  181. to be invalid, illegal, or otherwise unenforceable, the remaining provisions
  182. shall remain in full force and effect. This Agreement is entered into solely
  183. in the English language, and if for any reason any other language version is
  184. prepared by any party, it shall be solely for convenience and the English
  185. version shall govern and control all aspects. If You are located in the
  186. province of Quebec, Canada, the following applies: The Parties hereby confirm
  187. they have requested this Agreement and all related documents be prepared
  188. in English.