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+Texas Instruments Incorporated
+Technology and Software Publicly Available
+Software (Object Code) License Agreement
+
+
+IMPORTANT - PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY. THIS IS
+ A LEGALLY BINDING AGREEMENT. DO NOT DOWNLOAD THE LICENSED MATERIALS
+ UNLESS: (1) YOU ARE AUTHORIZED TO ACCEPT AND AGREE TO THE TERMS OF THIS
+ LICENSE AGREEMENT AND (2) YOU INTEND TO ENTER INTO AND TO BE BOUND BY
+ THE TERMS OF THIS AGREEMENT.
+
+This Software License Agreement ("Agreement") is a legal agreement between you
+ (either an individual or entity) and Texas Instruments Incorporated
+ ("TI"). The "Licensed Materials" subject to this Agreement include,
+ in whole or in part, the software programs that accompany this Agreement
+ and any "on-line" or electronic documentation associated with these
+ programs. By installing, copying or otherwise using the Licensed
+ Materials you agree to abide by the terms of this Agreement.
+ If you choose not to accept or agree with these terms, do not download
+ or install the Licensed Materials.
+
+
+1. Object Code License. TI hereby grants to you a limited, non-exclusive
+ license to reproduce and use the Licensed Materials provided to you in
+ object code format and to distribute an unlimited number of object or
+ executable copies of such Licensed Materials, provided that such object
+ or executable copies are used solely and exclusively on devices
+ manufactured by or for TI.
+
+2. Termination. This license is effective until terminated. Without prejudice
+ to any other rights, TI may terminate your right to use the Licensed
+ Materials under this Agreement if you fail to comply with the terms of
+ this Agreement. In such event, you shall destroy all copies of the
+ Licensed Materials, including all portions and derivatives thereof.
+
+3. Intellectual Property Rights. The Licensed Materials being provided to you
+ hereunder are being made publicly available by TI, even though they
+ contain copyrighted material of TI and its licensors, if applicable.
+ In no event may you alter, remove or destroy any copyright notice
+ included in the Licensed Materials. To the extent that any of the
+ Licensed Materials are provided in binary or object code only, you may
+ not unlock, decompile, reverse engineer, disassemble or otherwise
+ translate such binary or object code to human-perceivable form. The
+ source code of such reverse engineered code may contain TI trade secret
+ and other proprietary information. Further, nothing shall obligate TI
+ to provide you with source code for the Licensed Materials licensed to
+ you in binary or object code only under this Agreement. TI reserves all
+ rights not specifically granted under this Agreement.
+
+4. Warranties and Limitations. THE LICENSED MATERIALS ARE PROVIDED "AS IS". TI
+ MAKES NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED OR STATUTORY,
+ INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A
+ PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF
+ RESPONSES, RESULTS AND LACK OF NEGLIGENCE. TI DISCLAIMS ANY WARRANTY OF
+ TITLE, QUIET ENJOYMENT, QUIET POSESSION, AND NON-INFRINGEMENT OF ANY
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+ MATERIALS OR USE OF THOSE MATERIALS.
+
+YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS MAY NOT BE INTENDED FOR
+ PRODUCTION APPLICATIONS AND MAY CONTAIN IRREGULARITIES AND DEFECTS NOT
+ FOUND IN PRODUCTION SOFTWARE. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE
+ THAT THE LICENSED MATERIALS HAVE NOT BEEN TESTED OR CERTIFIED BY ANY
+ GOVERNMENT AGENCY OR INDUSTRY REGULATORY ORGANIZATION OR ANY OTHER THIRD
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+ DISTRIBUTING THE LICENSED MATERIALS IN OR WITH ANY COMMERCIAL PRODUCT
+ THAT YOU WILL THOROUGHLY TEST THE PRODUCT AND THE FUNCTIONALITY OF THE
+ LICENSED MATERIALS IN OR WITH THAT PRODUCT AND BE SOLELY RESPONSIBLE FOR
+ ANY PROBLEMS OR FAILURES.
+
+IN NO EVENT SHALL TI, OR ANY APPLICABLE LICENSOR, BE LIABLE FOR ANY SPECIAL,
+ INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED
+ ON ANY THEORY OF LIABILITY, ARISING IN ANY WAY OUT OF THIS AGREEMENT,
+ OR YOUR USE OF THE LICENSED MATERIALS, WHETHER OR NOT TI HAS BEEN
+ ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDED DAMAGES INCLUDE,
+ BUT ARE NOT LIMITED TO, COST OF REMOVAL OR REINSTALLATION, OUTSIDE
+ COMPUTER TIME, LABOR COSTS, LOSS OR CORRUPTION OF DATA, LOSS OF
+ GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, OR LOSS OF USE OR
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+ TI'S AGGREGATE LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF YOUR USE
+ OF THE LICENSED MATERIALS EXCEED FIVE HUNDRED U.S. DOLLARS (US$500).
+
+Because some jurisdictions do not allow the exclusion or limitation of
+ incidental or consequential damages or limitation on how long an implied
+ warranty lasts, the above limitations or exclusions may not apply to
+ you.
+
+5. Export Control. Thesoftware programs and any "on-line" documentation as well
+ as any updates or upgrades to such software programs or documentation
+ may be subject to the export or import regulations of certain countries.
+ You agree to comply with all such regulations and acknowledge that you
+ have the responsibility to obtain any licenses or other authorizations
+ that may be required to export, re-export or import the Licensed
+ Materials.
+
+6. Governing Law, Jurisdiction and Severability. This Agreement will be
+ governed by and interpreted in accordance with the laws of the State of
+ Texas, without reference to that state's conflict of laws principles.
+ This Agreement shall not be governed by the United Nations Convention on
+ Contracts for the International Sale of Goods, nor shall it be governed
+ by the Uniform Computer Information Transactions Act (UCITA). Any
+ dispute arising out of or related to this Agreement will be brought in,
+ and each party consents to the exclusive jurisdiction and venue in the
+ state and federal courts sitting in Dallas Country, Texas. Each party
+ waives all defenses of lack of personal jurisdiction and forum
+ non-conveniens and agrees that process may be served on either party in
+ a manner authorized by applicable law or court rule. If for any reason
+ a court of competent jurisdiction finds any provision of the Agreement
+ to be unenforceable, that provision will be enforced to the maximum
+ extent possible to effectuate the intent of the parties and the
+ remainder of the Agreement shall continue in full force and effect.
+
+7. PRC Provisions. If you are located in the People's Republic of China ("PRC")
+ or if the Licensed Materials will be sent to the PRC, the following
+ provisions shall apply and shall supersede any other provisions in this
+ Agreement concerning the same subject matter as the following
+ provisions:
+
+ a. Registration Requirements. You shall be solely responsible for
+ performing all acts and obtaining all approvals that may be required in
+ connection with this Agreement by the government of the PRC, including
+ but not limited to registering pursuant to, and otherwise complying
+ with, the PRC Measures on the Administration of Software Products,
+ Management Regulations on Technology Import-Export, and Technology
+ Import and Export Contract Registration Management Rules. Upon receipt
+ of such approvals from the government authorities, you shall forward
+ evidence of all such approvals to TI for its records. In the event that
+ you fail to obtain any such approval or registration, you shall be
+ solely responsible for any and all losses, damages or costs resulting
+ therefrom, and shall indemnify TI for all such losses, damages or costs.
+
+ b. Governing Language. This Agreement is written and executed in
+ the English language. If a translation of this Agreement is required
+ for any purpose, including but not limited to registration of the
+ Agreement pursuant to any governmental laws, regulations or rules, you
+ shall be solely responsible for creating such translation. Any
+ translation of this Agreement into a language other than English is
+ intended solely in order to comply with such laws or for reference
+ purposes, and the English language version shall be authoritative and
+ controlling.
+
+8. Entire Agreement. This is the entire Agreement between you and TI and
+ supersedes any prior agreement between the parties related to the
+ subject matter of this Agreement. No amendment or modification of this
+ Agreement will be effective unless in writing and signed by a duly
+ authorized representative of TI. You hereby warrant and represent that
+ you have obtained all authorizations and other applicable consents
+ required empowering you to enter into this Agreement.
+
+1
+TILAW-#236402v3
+
projects / linux-firmware / commitdiff