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END USER LICENCE AGREEMENT FOR THE MALI ASTC SPECIFICATION AND SOFTWARE CODEC, |
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VERSION: 1.3 |
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THIS END USER LICENCE AGREEMENT ("LICENCE") IS A LEGAL AGREEMENT BETWEEN YOU |
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(EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND ARM LIMITED ("ARM") |
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FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS LICENCE. ARM IS ONLY WILLING |
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TO LICENSE THE SOFTWARE TO YOU ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS |
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IN THIS LICENCE. BY CLICKING "I AGREE" OR BY INSTALLING OR OTHERWISE USING |
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OR COPYING THE SOFTWARE YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL THE |
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TERMS OF THIS LICENCE. |
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IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE |
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THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE. |
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1. DEFINITIONS. |
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"Authorised Purpose" means the use of the Software solely to develop products |
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and tools which implement the Khronos ASTC specification to; |
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(i) compress texture images into ASTC format ("Compression Results"); |
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(ii) distribute such Compression Results to third parties; and |
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(iii) decompress texture images stored in ASTC format. |
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"Software" means the source code and Software binaries accompanying this |
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Licence, and any printed, electronic or online documentation supplied with it, |
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in all cases relating to the MALI ASTC SPECIFICATION AND SOFTWARE CODEC. |
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2. LICENCE GRANT. |
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ARM hereby grants to you, subject to the terms and conditions of this Licence, |
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a nonexclusive, nontransferable, free of charge, royalty free, worldwide |
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licence to use, copy, modify and (subject to Clause 3 below) distribute the |
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Software solely for the Authorised Purpose. |
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No right is granted to use the Software to develop hardware. |
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Notwithstanding the foregoing, nothing in this Licence prevents you from |
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using the Software to develop products that conform to an application |
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programming interface specification issued by The Khronos Group Inc. |
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("Khronos"), provided that you have licences to develop such products |
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under the relevant Khronos agreements. |
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3. RESTRICTIONS ON USE OF THE SOFTWARE. |
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RESTRICTIONS ON TRANSFER OF LICENSED RIGHTS: The rights granted to you under |
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this Licence may not be assigned by you to any third party without the prior |
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written consent of ARM. |
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TITLE AND RESERVATION OF RIGHTS: You acquire no rights to the Software other |
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than as expressly provided by this Licence. The Software is licensed not sold. |
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ARM does not transfer title to the Software to you. In no event shall the |
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licences granted in Clause 2 be construed as granting you expressly or by |
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implication, estoppel or otherwise, licences to any ARM technology other than |
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the Software. |
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NOTICES: You shall not remove from the Software any copyright notice or other |
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notice (whether ARM's or its licensor's), and you shall ensure that any such |
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notice is reproduced in any copies of the whole or any part of the Software |
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made by you. You shall not use ARM's or its licensor's name, logo or |
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trademarks to market Compression Results. If you distribute the Software to a |
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third party, you agree to include a copy of this Licence with such |
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distribution. |
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4. NO SUPPORT. |
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ARM has no obligation to support or to continue providing or updating any of |
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the Software. |
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5. NO WARRANTIES. |
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YOU AGREE THAT THE SOFTWARE IS LICENSED "AS IS", AND THAT ARM EXPRESSLY |
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DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS, |
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IMPLIED OR STATUTORY, TO THE FULLEST EXTENT PERMITTED BY LAW. YOU EXPRESSLY |
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ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF ANY APPLICATION |
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PROGRAMS YOU CREATE WITH THE SOFTWARE, AND YOU ASSUME THE ENTIRE COST OF ALL |
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NECESSARY SERVICING, REPAIR OR CORRECTION. |
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6. LIMITATION OF LIABILITY. |
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARM BE |
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LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES |
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(INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE THE |
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SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, |
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EVEN IF ARM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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ARM does not seek to limit or exclude liability for death or personal injury |
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arising from ARM's negligence and because some jurisdictions do not permit the |
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exclusion or limitation of liability for consequential or incidental damages |
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the above limitation relating to liability for consequential damages may not |
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apply to you. |
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NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE, THE |
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MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST ARM |
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IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT MATTER |
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OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF THE TOTAL OF SUMS PAID BY YOU |
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TO ARM (IF ANY) FOR THIS LICENCE AND US$5.00. |
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7. U.S. GOVERNMENT END USERS. |
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US Government Restrictions: Use, duplication, reproduction, release, |
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modification, disclosure or transfer of this commercial product and |
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accompanying documentation is restricted in accordance with the terms |
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of this Licence. |
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8. TERM AND TERMINATION. |
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This Licence shall remain in force until terminated by you or by ARM. Without |
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prejudice to any of its other rights if you are in breach of any of the terms |
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and conditions of this Licence then ARM may terminate this Licence immediately |
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upon giving written notice to you. You may terminate this Licence at any time. |
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Upon termination of this Licence by you or by ARM you shall stop using the |
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Software and destroy all copies of the Software in your possession together |
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with all documentation and related materials. The provisions of Clauses 1, 3, |
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4, 5, 6, 7, 8 and 9 shall survive termination of this Licence. |
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9. GENERAL. |
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This Licence is governed by English Law. Except where ARM agrees otherwise in |
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a written contract signed by you and ARM, this is the only agreement between |
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you and ARM relating to the Software and it may only be modified by written |
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agreement between you and ARM. Except as expressly agreed in writing, this |
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Licence may not be modified by purchase orders, advertising or other |
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representation by any person. If any clause in this Licence is held by a court |
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of law to be illegal or unenforceable the remaining provisions of this Licence |
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shall not be affected thereby. The failure by ARM to enforce any of the |
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provisions of this Licence, unless waived in writing, shall not constitute a |
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waiver of ARM's rights to enforce such provision or any other provision of |
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this Licence in the future. |
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You agree to comply fully with all laws and regulations of the United States |
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and other countries ("Export Laws") to assure that the Software is not; |
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(1) exported, directly or indirectly, in violation of Export Laws, either to |
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any countries that are subject to U.S.A. export restrictions or to any end |
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user who has been prohibited from participating in the U.S.A. export |
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transactions by any federal agency of the U.S.A. government; or |
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(2) intended to be used for any purpose prohibited by Export Laws, including, |
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without limitation, nuclear, chemical, or biological weapons proliferation. |
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