END USER LICENCE AGREEMENT FOR THE ARM REMOTE DEVICE DEBUG INTERFACE SOFTWARE VERSION 1.0
THIS END USER LICENCE AGREEMENT (“LICENCE”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND ARM LIMITED ("ARM") FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS LICENCE. ARM IS ONLY WILLING TO LICENSE THE SOFTWARE TO YOU ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY CLICKING “I AGREE” OR BY INSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MAY NOT DOWNLOAD, INSTALL, USE OR COPY THE SOFTWARE, BUT YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO YOUR SUPPLIER.
YOUR RIGHTS UNDER THIS LICENCE ARE ALSO CONDITIONED ON YOU HAVING; (I) AN ARM REALVIEW ICE HARDWARE UNIT INSTALLED WITH V3.1 SOFTWARE OR LATER RELEASES THEREOF WHICH ARM IDENTIFIES AS COMPATIBLE; AND (II) A VALID LICENCE AND HAVING AGREED TO ALL OF THE TERMS IN THE END USER LICENCE AGREEMENTS FOR THE ARM REALVIEW ICE SOFTWARE FOR SUCH UNIT. (SUCH REALVIEW ICE SOFTWARE AND HARDWARE ARE COLLECTIVELY REFERRED TO IN THIS LICENCE AS “TOOLS”.)
IF YOU DO NOT HAVE SUCH LICENCES FOR THE TOOLS, OR YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MAY NOT DOWNLOAD, INSTALL, USE OR COPY THE SOFTWARE, BUT YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO YOUR SUPPLIER.
“Software” means any software, firmware and data accompanying this Licence, any printed, electronic or online documentation supplied with it, and any updates, patches and modifications ARM may agree to make available to you under the terms of this Licence,in all cases relating to the ARM Remote Device Debug Interface (RDDI) deliverables.. This package includes; (i) RDDI example source code (“RDDI Example Code”), RDDI redistributable binary code (“RDDI Redistributables”), and header source files for RDDI Redistributables (“RDDI Headers”) all as identified in Section 1 of the Schedule; and (ii) RDDI documentation. For convenience, your package also includes the Separate Files (defined below in clause 7) known as the Xerces and Boost libraries, which are used by RDDI Redistributables, but these are all licensed under their own terms and not as part of the Software.
1. LICENCE GRANTS.
(i) SOFTWARE AND DOCUMENTATION: ARM hereby grants to you, subject to the terms and conditions of this Licence, a non-exclusive, non-transferable licence to use the Software, solely for the purposes of your internal development, testing and debugging of programs which run scripts that enable target device bring-up and test only, but which are not used for any other purpose including without limitation the debugging of any software on the target device (such limited use programs are referred to in this Licence as “RDDI Utilities”) using the Tools. You shall not modify or redistribute any of the Software except as may be permitted by clauses 1(ii) or 1(iii) below.
(ii) RDDI EXAMPLE CODE: ARM hereby grants you, provided you comply with the terms of clause 1(iv), additional non-exclusive, non-transferable licences to; (a) use copy and modify the RDDI Example Code, only for the purpose of internal evaluation, development and testing of RDDI Utilities; (b) incorporate, compile and link the RDDI Example Code and any modifications into RDDI Utilities; and (c) reproduce and distribute the RDDI Example Code and any modifications, only in object code form and only as part of RDDI Utilities.
(iii) RDDI REDISTRIBUTABLES: ARM hereby grants you, provided you comply with the terms of clause 1(iv), additional non-exclusive, non-transferable licences to; (a) incorporate and link the RDDI Redistributables into or with RDDI Utilities, provided that the RDDI Utilities contain substantial additional functionality; (b) use and copy the RDDI Headers, only to facilitate your activities under Clause 1(iii)(a); and (c) reproduce and distribute the RDDI Redistributables, only in object code form, and only as part of RDDI Utilities.
(iv) FURTHER CONDITIONS ON DISTRIBUTION OF RDDI UTILITIES: If you are authorised and choose to redistribute the whole or any part of the RDDI Example Code or RDDI Redistributables, you agree to; (a) ensure that they are licensed only under a legally binding contract that; (1) permits their use only as part of RDDI Utilities with Tools purchased separately from ARM or an ARM authorised reseller; (2) limits their use to the running of scripts that enable target device bring-up and test, expressly excluding use for any other purpose including without limitation the debugging of any software on the target device; and (3) states that ARM does not support the RDDI Utilities and that the user should contact you for any support issues relating to RDDI Utilities; (b) not use ARM’s name, logo or trademarks to market RDDI Utilities; (c) include valid copyright notices on RDDI Utilities, and preserve any copyright notices which are included with, or in, the RDDI Example Code and RDDI Redistributables; (d) comply with all the other terms of this Licence; and (e) not permit further redistribution of the RDDI Example Code or RDDI Redistributables by your customers except where your distributors redistribute them to your end-user customers only as part of RDDI Utilities and your distributors otherwise comply with the terms of this Licence.
2. RESTRICTIONS ON USE OF THE SOFTWARE.
INSTALLATION: You shall only install and use the Software on computers, or virtual machines running on computers, which are owned by you (or which are in your exclusive possession under an equipment finance arrangement) and which are either; (i) located at your premises; or (ii) portable computers which shall remain in the possession and control of your employees when outside such premises. The number of copies in use shall be limited at all times to one (1) for each unit of Tools you have acquired.
COPYING: You shall not use or copy the Software except as expressly authorised in this Licence. You may make one additional copy of the delivered Software media or image for backup or archival purposes.
UPDATES AND UPGRADES: Upgrades and updates replace the earlier releases of Software that you are upgrading or updating, and are not additional copies. When you upgrade or update the Software, your licence for such new release replaces your licence for your existing release. Therefore, if you are receiving the Software as an update or upgrade, you obtain no rights to, and shall not, install or use this update or upgrade unless you have first ceased all use of, and uninstalled, your corresponding copy of the version of the Software that you are updating or upgrading.
PERMITTED USERS: The Software shall be used only by your employees, or by your bona fide sub-contractors for whose acts and omissions you hereby agree to be responsible to ARM to the same extent as those of your employees, and provided always that such sub-contractors; (i) work only onsite at your premises; (ii) are aware of the terms of this Licence; (iii) are contractually obligated to use the same only for your benefit, and (iv) agree to assign all their work product and any rights they create therein in the supply of such work to you. Only the single individual, company or other legal entity to whom ARM is supplying this Licence may use the Software. You shall not allow third parties (including but not limited to any subsidiary, parent or affiliated companies, or offsite contractors you may have) to use the Software unless ARM specifically agrees otherwise with you on a case by case basis.
REMOTE USE: The Software shall only be used onsite at your premises, except when used offsite by an employee (but not a sub-contractor) of yours, on a portable computer, in accordance with the “INSTALLATION” paragraph above, as part of his or her normal work activities, and only for your benefit.
REVERSE ENGINEERING: Except to the extent that such activity is permitted by applicable law you shall not reverse engineer, decompile or disassemble any of the Software. If the Software was provided to you in Europe you shall not reverse engineer, decompile or disassemble any of the Software for the purposes of error correction.
BENCHMARKING: This licence does not prevent you from using the Software for internal benchmarking purposes. However, you shall treat any and all benchmarking data relating to the Software or the Tools, and any other results of your use or testing of the Software or Tools which are indicative of its performance, efficacy, reliability or quality, as confidential information and you shall not disclose such information to any third party without the express written permission of ARM. ARM may agree to waive the restrictions in this paragraph if requested in writing.
RESTRICTIONS ON TRANSFER OF LICENSED RIGHTS: The rights granted to you under this agreement may not be assigned, sublicensed or otherwise transferred by you to any third party without the prior written consent of ARM. You shall not rent or lease the Software, or share it with contractors or third parties.
COPYRIGHT AND RESERVATION OF RIGHTS: The Software is owned by ARM or its licensors and is protected by copyright and other intellectual property laws and international treaties. The Software is licensed not sold. You acquire no rights to the Software other than as expressly provided by this Licence. You shall not remove from the Software any copyright notice or other notice and shall ensure that any such notice is reproduced in any copies of the whole or any part of the Software made by you.
3. SUPPORT.
If you have a valid support contract with ARM for a compatible version of the Tools, then you may receive support, under that contract, relating to use of the Software with such Tools; however this Licence does not give you any additional right to receive support. Details of how to obtain support from your supplier for the Software, whether ARM or another vendor, can be found in the Technical Support area of http://www.arm.com.
4. CONFIDENTIALITY.
You acknowledge that the Software and any benchmarking data and related information mentioned in Clause 2 contain trade secrets and confidential material, and you agree to maintain them in confidence and apply security measures no less stringent than the measures which you apply to protect your own like information, but not less than a reasonable degree of care, to prevent their unauthorised disclosure and use. Subject to any restrictions imposed by applicable law, the period of confidentiality shall be indefinite. You agree that you shall not use any such information other than in normal use of the Software under the licences granted in this Licence.
5. NO WARRANTIES.
YOU AGREE THAT THE SOFTWARE IS LICENSED “AS IS”, AND THAT ARM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON- INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF RDDI UTILITIES, INCLUDING WITHOUT LIMITATION, APPLICATIONS DESIGNED OR INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS, WEAPONARY, AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
6. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, EVEN IF ARM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARM does not seek to limit or exclude liability for death or personal injury arising from ARM's negligence and because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages the above limitation relating to liability for consequential damages may not apply to you.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE, THE MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE AND US$5.00.
7. THIRD PARTY RIGHTS.
The Software is supplied with, and uses, third party software or materials which are governed by their own separate licence agreements (together “Separate Files”). This Licence does not apply to such Separate Files and they are not included in the term “Software” under this Licence. You agree to comply with all terms and conditions imposed on you in respect of such Separate Files including those identified in Section 2 of the Schedule (“Third Party Terms”). Any provisions in this Licence which differ from Third Party Terms are offered by ARM alone and shall not supersede or modify any Third Party Terms. In addition to Third Party Terms, the disclaimer of warranty and limitation of liability provisions in this Licence shall apply to all Software and Separate Files.
ARM HEREBY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED FROM ANY THIRD PARTIES REGARDING ANY SEPARATE FILES, ANY THIRD PARTY MATERIALS INCLUDED IN THE SOFTWARE, ANY THIRD PARTY MATERIALS FROM WHICH THE SOFTWARE IS DERIVED (COLLECTIVELY “OTHER CODE”), AND THE USE OF ANY OR ALL THE OTHER CODE IN CONNECTION WITH THE SOFTWARE, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO THIRD PARTY LICENSORS OF OTHER CODE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND WHETHER MADE UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE OTHER CODE OR THE EXERCISE OF ANY RIGHTS GRANTED UNDER EITHER OR BOTH THIS LICENCE AND THE LEGAL TERMS APPLICABLE TO ANY SEPARATE FILES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. U.S. GOVERNMENT END USERS.
US Government Restrictions: Use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation is restricted in accordance with the terms of this Licence.
9. TERM AND TERMINATION.
This Licence shall remain in force until terminated by you, by ARM or by expiry (in the case of a time limited licence). Without prejudice to any of its other rights if you are in breach of any of the terms and conditions of this Licence then ARM may terminate this Licence immediately upon giving written notice to you. You may terminate this Licence at any time.
Upon termination of this Licence by you or by ARM you shall stop using the Software and destroy all copies of the Software in your possession together with all documentation and related materials.
The provisions of clauses 4, 6, 7, 8, 9 and 10 shall survive termination of this Licence.
10. GENERAL.
This Licence is governed by English Law.Except where ARM agrees otherwise in a written contract signed by you and ARM, this is the only agreement between you and ARM relating to the Software and it may only be modified by written agreement between you and ARM. Except as expressly agreed in writing, this Licence may not be modified by purchase orders, advertising or other representation by any person. If any clause or sentence in this Licence is held by a court of law to be illegal or unenforceable the remaining provisions of this Licence shall not be affected thereby. The failure by ARM to enforce any of the provisions of this Licence, unless waived in writing, shall not constitute a waiver of ARM's rights to enforce such provision or any other provision of this Licence in the future.
At ARM’s request, you agree to check your computers for installations of the Software and any other information requested by ARM relating to Software installation and usage, and to provide this information to ARM. ARM will not make such a request more frequently than once per year, except as necessary where ARM believes, in good faith, that an additional check is needed. You agree that auditors nominated by ARM may also perform such checking and reporting on behalf of ARM by prior appointment during your normal business hours on seven (7) days’ notice. ARM shall bear the auditors’ costs for that audit unless it reveals unlicensed usage in which case you shall promptly reimburse ARM for all reasonable costs and expenses, including professional fees, relating to such audit. Any information which is disclosed to ARM or such auditors during checking or audit shall be treated as your confidential information and shall only be used by ARM for licence management, compliance and enforcement purposes.
The Software provided under this Licence is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply fully with all laws and regulations of the United States and other countries ("Export Laws") to assure that the Software, is not (1) exported, directly or indirectly, in violation of Export Laws, either to any countries that are subject to U.S.A. export restrictions or to any end user who has been prohibited from participating in the U.S.A. export transactions by any federal agency of the U.S.A. government; or (2) intended to be used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
THE SCHEDULE
SECTION 1
Directories specified below in Section 1 and Section 2 of this Schedule are relative to the directory into which the Software was unpacked at installation.
RDDI EXAMPLE CODE:
Files identified by path name rddi\rvi\examples\*.*
RDDI REDISTRIBUTABLES:
Files identified by path name rddi\rvi\redistributables\*.* (except for Separate Files)
RDDI HEADER FILES:
Header source files identified by path name rddi\include\*.*
SECTION 2: SEPARATE FILES:
A. Libraries used by RDDI Redistributables The directory rddi\rvi\redistributables\ also contains the following libraries in binary format. The RDDI Utilities you create will not work if you do not use these libraries.
(i) Boost C++ library: the filenames starting with boost_ or libboost_ are all part of this library. Much of Boost is licensed under the terms of the Boost Software License, Version 1.0. A copy of this licence and a summary of the other notices which apply to portions of the code are included in the text file Boostv1.31licenceinfo.txt contained in this package. See www.boost.org for more details.
(ii) XERCES XML parser (libxerces-c.so, xerces-c_2_5_0.dll): these files are licensed to you under the Apache Software License, Version 1.1.
ARM contract references: LEC-ELA-00446-V2.0 RDDI-DEVICE AB/CD /end