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379 lines
21 KiB
Plaintext
379 lines
21 KiB
Plaintext
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CODESOURCERY, INC. ("CODESOURCERY") IS WILLING TO LICENSE THE
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SOFTWARE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE
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TERMS CONTAINED IN THIS SOFTWARE LICENSE AGREEMENT. PLEASE
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READ THE TERMS CAREFULLY. BY CLICKING ON "I accept the terms
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of the License Agreement", YOU WILL INDICATE YOUR AGREEMENT
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WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF
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OF A COMPANY OR OTHER LEGAL ENTITY, YOUR ACCEPTANCE
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REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO
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THESE TERMS, IN WHICH CASE "YOU" OR "YOUR" SHALL REFER TO
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YOUR ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU
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DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY, THEN
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CODESOURCERY IS UNWILLING TO LICENSE THE SOFTWARE.
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Sourcery G++ Software License Agreement
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1. Parties.
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The parties to this Agreement are you, the licensee (You
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or Licensee) and CodeSourcery. If You are not acting on
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behalf of Yourself as an individual, then You means Your
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company or organization.
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2. The Software
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The Software licensed under this Agreement consists of
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computer programs and documentation referred to as
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Sourcery G++ Lite Edition (the Software).
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3. Definitions.
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1. CodeSourcery Proprietary Components.
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The components of the Software that are owned and/or
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licensed by CodeSourcery and are not subject to a
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free software or open source license, such as the
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GNU Public License. The CodeSourcery Proprietary
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Components of the Software include, without
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limitation, the Sourcery G++ Installer, any Sourcery
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G++ Eclipse plug-ins, the CodeSourcery C Library
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(CSLIBC), and any Sourcery G++ Debug Sprite. For a
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complete list, refer to the Getting Started Guide
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included with the distribution.
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2. Open Source Software Components.
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The components of the Software that are subject to a
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free software or open source license, such as the
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GNU Public License.
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3. Proprietary Rights.
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All rights in and to copyrights, rights to register
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copyrights, trade secrets, inventions, patents,
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patent rights, trademarks, trademark rights,
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confidential and proprietary information protected
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under contract or otherwise under law, and other
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similar rights or interests in intellectual or
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industrial property.
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4. Redistributable Components.
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The CodeSourcery Proprietary Components that are
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intended to be incorporated or linked into Licensee
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object code developed with the Software. The
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Redistributable Components of the Software include,
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without limitation, CSLIBC and the CodeSourcery
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Common Startup Code Sequence (CS3). For a complete
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list, refer to the Getting Started Guide included
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with the distribution.
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4. License Grant to Proprietary Components of the Software.
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You are granted a non-exclusive, royalty-free license (a)
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to install and use the CodeSourcery Proprietary
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Components of the Software, (b) to transmit the
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CodeSourcery Proprietary Components over an internal
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computer network, (c) to copy the CodeSourcery
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Proprietary Components for Your internal use only, and
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(d) to distribute the Redistributable Component(s) in
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binary form only and only as part of Licensee object code
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developed with the Software that provides substantially
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different functionality than the Redistributable
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Component(s).
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5. Restrictions.
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You may not: (i) copy or permit others to use the
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CodeSourcery Proprietary Components of the Software,
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except as expressly provided above; (ii) distribute the
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CodeSourcery Proprietary Components of the Software to
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any third party, except as expressly provided above; or
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(iii) reverse engineer, decompile, or disassemble the
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CodeSourcery Proprietary Components of the Software,
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except to the extent this restriction is expressly
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prohibited by applicable law.
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1. ARM Keil ULINK2 Drivers.
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Sourcery G++ may include ULINK2 drivers from
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ARM, Ltd. If these drivers are included, the
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following additional terms and conditions apply:
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1. You may use the ULINK2 drivers only in
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conjunction with a compatible ARM Keil ULINK2
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hardware unit manufactured by or under license
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from ARM and purchased from CodeSourcery, ARM,
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or a distributor authorized by ARM.
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2. You may use the ULINK2 drivers only to connect
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to the GNU Debugger included in Sourcery G++.
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3. The ULINK2 drivers are not supported by ARM,
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Ltd.; You should contact CodeSourcery for any
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support regarding the ULINK2 drivers.
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4. You may not redistribute or transfer the ULINK2
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drivers.
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5. You may not translate, adapt, arrange or
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otherwise alter the object code of the ULINK2
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drivers (including without limitation copying,
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adapting or reverse compiling the object code
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of the ULINK2 drivers for the purpose of error
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correction) except as allowed by applicable
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law.
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6. You may not remove or obstruct any notice or
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marker incorporated into the ULINK2 drivers to
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protect ARM's or third parties' intellectual
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property or Proprietary Rights.
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7. The ULINK2 drivers are licensed, not sold; all
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right, title and interest therein is reserved
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to CodeSourcery or its licensors, and You
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acquire no right, title or interest therein.
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2. SEGGER J-Link Devices.
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Sourcery G++ Lite includes proprietary software from
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SEGGER Microcontroller GmbH & Co.KG that allows the
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use of SEGGER J-Link debug devices with the Sourcery
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G++ Lite Debug Sprite. You may use software from
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SEGGER only under the SEGGER J-Link software terms
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of use and license agreement.
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3. Sourcery G++ Debug Sprite with ARM SWD.
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The Sourcery G++ Debug Sprite for ARM and Stellaris
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processors includes software for ARM SWD support
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from ARM, Ltd. You may use the ARM SWD software only
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in conjunction with a Cortex-M1 or Cortex-M3
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microprocessor manufactured under license from ARM.
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4. Sourcery G++ Debug Sprite for P&E Devices.
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You may use the Sourcery G++ Debug Sprite for P&E
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only in conjunction with ColdFire microprocessors
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and with debugging devices produced by P&E
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Microcomputer Systems.
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Sourcery G++ Debug Sprite for P&E Devices.
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This software application may include P&E NGS
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Drivers version 120210 third-party software, which
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is distributed on an "AS IS" basis, WITHOUT WARRANTY
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OF ANY KIND, either express or implied. P&E NGS
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Drivers version 120210 may be subject to the
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following copyrights: <20> 1999-2003, Lukas Gebauer All
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rights reserved. Redistribution and use in source
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and binary forms, with or without modification, are
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permitted provided that the following conditions are
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met:
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5. Redistributions of source code must retain the above
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copyright notice, this list of conditions and the
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following disclaimer.
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6. Redistributions in binary form must reproduce the
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above copyright notice, this list of conditions and
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the following disclaimer in the documentation and/or
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other materials provided with the distribution.
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7. Neither the name of Lukas Gebauer nor the names of
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its contributors may be used to endorse or promote
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products derived from this software without specific
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prior written permission.
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8. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS
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AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED
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WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
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IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
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FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
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SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY
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DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
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CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
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TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
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LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
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INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
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LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
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TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
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ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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6. Free Software or Open Source License to Certain
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Components of the Software
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This Agreement does not limit Your rights under, or grant
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You rights that supersede, the license terms of any Open
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Source Software Component delivered to You by
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CodeSourcery. Sourcery G++ includes components provided
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under various different licenses. The Getting Started
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Guide provides an overview of which license applies to
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different components, and, for components subject to the
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Eclipse Public License, contains information on how to
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obtain the source code. Definitive licensing information
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for each free software or open source component is
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available in the relevant source file.
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7. CodeSourcery Trademarks.
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Notwithstanding any provision in a free software or open
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source license agreement applicable to a component of the
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Software that permits You to distribute such component to
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a third party in source or binary form, You may not use
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any CodeSourcery trademark, whether registered or
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unregistered, including without limitation, CodeSourcery,
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Sourcery G++, the CodeSourcery crystal ball logo, or the
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Sourcery G++ splash screen, or any confusingly similar
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mark, in connection with such distribution, and You may
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not recompile the Open Source Software Components with
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the --with-pkgversion or --with-bugurl configuration
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options that embed CodeSourcery trademarks in the
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resulting binary.
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8. Term and Termination.
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This Agreement shall remain in effect unless terminated
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pursuant to this provision. CodeSourcery may terminate
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this Agreement upon seven (7) days written notice of a
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material breach of this Agreement if such breach is not
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cured; provided that the unauthorized use, copying, or
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distribution of the CodeSourcery Proprietary Components
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of the Software will be deemed a material breach that
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cannot be cured.
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9. Transfers.
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You may not transfer any rights under this Agreement
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without the prior written consent of CodeSourcery, which
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consent shall not be unreasonably withheld. A condition
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to any transfer or assignment shall be that the recipient
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agrees to the terms of this Agreement. Any attempted
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transfer or assignment in violation of this provision
|
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shall be null and void.
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10. Ownership.
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CodeSourcery owns and/or has licensed the CodeSourcery
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Proprietary Components of the Software and all
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intellectual property rights embodied therein, including
|
|||
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copyrights and valuable trade secrets embodied in its
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design and coding methodology. The CodeSourcery
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|
Proprietary Components of the Software are protected by
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United States copyright laws and international treaty
|
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provisions. CodeSourcery also owns all rights, title and
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|
interest in and with respect to its trade names, domain
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|
names, trade dress, logos, trademarks, service marks, and
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|||
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other similar rights or interests in intellectual
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|||
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property. This Agreement provides You only a limited use
|
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license, and no ownership of any intellectual property.
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11. Warranty Disclaimer; Limitation of Liability.
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CODESOURCERY AND ITS LICENSORS PROVIDE THE SOFTWARE AS-IS
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AND PROVIDED WITH ALL FAULTS. CODESOURCERY DOES NOT MAKE
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ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
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CODESOURCERY SPECIFICALLY DISCLAIMS THE IMPLIED
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WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
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FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND
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DATA ACCURACY. THERE IS NO WARRANTY OR GUARANTEE THAT THE
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OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED,
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ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET
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ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY,
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ACCURACY, PURPOSE, OR NEED. YOU ASSUME THE ENTIRE RISK OF
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SELECTION, INSTALLATION, AND USE OF THE SOFTWARE. THIS
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DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
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THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED
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HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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12. Local Law.
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If implied warranties may not be disclaimed under
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applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED
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IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW.
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13. Limitation of Liability.
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INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND
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UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION,
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TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL
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CODESOURCERY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
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INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
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OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
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LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR
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ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF CODESOURCERY
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HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
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LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR
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PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE
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LAW. IN NO EVENT SHALL CODESOURCERY'S LIABILITY FOR
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ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS
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OF THE FORM OF ACTION, EXCEED THE AMOUNT PAID BY YOU IN
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FEES UNDER THIS AGREEMENT DURING THE PREVIOUS ONE YEAR
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PERIOD.
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14. Export Controls.
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You agree to comply with all export laws and restrictions
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and regulations of the United States or foreign agencies
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or authorities, and not to export or re-export the
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Software or any direct product thereof in violation of
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any such restrictions, laws or regulations, or without
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all necessary approvals. As applicable, each party shall
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obtain and bear all expenses relating to any necessary
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licenses and/or exemptions with respect to its own export
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of the Software from the U.S. Neither the Software nor
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the underlying information or technology may be
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electronically transmitted or otherwise exported or
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re-exported (i) into Cuba, Iran, Iraq, Libya, North
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Korea, Sudan, Syria or any other country subject to U.S.
|
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trade sanctions covering the Software, to individuals or
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entities controlled by such countries, or to nationals or
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residents of such countries other than nationals who are
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lawfully admitted permanent residents of countries not
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subject to such sanctions; or (ii) to anyone on the U.S.
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Treasury Department's list of Specially Designated
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Nationals and Blocked Persons or the U.S. Commerce
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Department's Table of Denial Orders. By downloading or
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using the Software, Licensee agrees to the foregoing and
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represents and warrants that it complies with these
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conditions.
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15. U.S. Government End-Users.
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The Software is a commercial item, as that term is
|
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defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
|
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commercial computer software and commercial computer
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software documentation, as such terms are used in 48
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C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
|
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12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June
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1995), all U.S. Government End Users acquire the Software
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with only those rights set forth herein.
|
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16. Licensee Outside The U.S.
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If You are located outside the U.S., then the following
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provisions shall apply: (i) Les parties aux presentes
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confirment leur volonte que cette convention de meme que
|
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tous les documents y compris tout avis qui siy rattache,
|
|||
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soient rediges en langue anglaise (translation: The
|
|||
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parties confirm that this Agreement and all related
|
|||
|
documentation is and will be in the English language.);
|
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and (ii) You are responsible for complying with any local
|
|||
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laws in your jurisdiction which might impact your right
|
|||
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to import, export or use the Software, and You represent
|
|||
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that You have complied with any regulations or
|
|||
|
registration procedures required by applicable law to
|
|||
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make this license enforceable.
|
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17. Severability.
|
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If any provision of this Agreement is declared invalid or
|
|||
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unenforceable, such provision shall be deemed modified to
|
|||
|
the extent necessary and possible to render it valid and
|
|||
|
enforceable. In any event, the unenforceability or
|
|||
|
invalidity of any provision shall not affect any other
|
|||
|
provision of this Agreement, and this Agreement shall
|
|||
|
continue in full force and effect, and be construed and
|
|||
|
enforced, as if such provision had not been included, or
|
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had been modified as above provided, as the case may be.
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18. Arbitration.
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Except for actions to protect intellectual property
|
|||
|
rights and to enforce an arbitrator's decision hereunder,
|
|||
|
all disputes, controversies, or claims arising out of or
|
|||
|
relating to this Agreement or a breach thereof shall be
|
|||
|
submitted to and finally resolved by arbitration under
|
|||
|
the rules of the American Arbitration Association (AAA)
|
|||
|
then in effect. There shall be one arbitrator, and such
|
|||
|
arbitrator shall be chosen by mutual agreement of the
|
|||
|
parties in accordance with AAA rules. The arbitration
|
|||
|
shall take place in Granite Bay, California, and may be
|
|||
|
conducted by telephone or online. The arbitrator shall
|
|||
|
apply the laws of the State of California, USA to all
|
|||
|
issues in dispute. The controversy or claim shall be
|
|||
|
arbitrated on an individual basis, and shall not be
|
|||
|
consolidated in any arbitration with any claim or
|
|||
|
controversy of any other party. The findings of the
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|||
|
arbitrator shall be final and binding on the parties, and
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may be entered in any court of competent jurisdiction for
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|||
|
enforcement. Enforcements of any award or judgment shall
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|||
|
be governed by the United Nations Convention on the
|
|||
|
Recognition and Enforcement of Foreign Arbitral Awards.
|
|||
|
Should either party file an action contrary to this
|
|||
|
provision, the other party may recover attorney's fees
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|||
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and costs up to $1000.00.
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19. Jurisdiction And Venue.
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The courts of Placer County in the State of California,
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USA and the nearest U.S. District Court shall be the
|
|||
|
exclusive jurisdiction and venue for all legal
|
|||
|
proceedings that are not arbitrated under this Agreement.
|
|||
|
20. Independent Contractors.
|
|||
|
The relationship of the parties is that of independent
|
|||
|
contractor, and nothing herein shall be construed to
|
|||
|
create a partnership, joint venture, franchise,
|
|||
|
employment, or agency relationship between the parties.
|
|||
|
Licensee shall have no authority to enter into agreements
|
|||
|
of any kind on behalf of CodeSourcery and shall not have
|
|||
|
the power or authority to bind or obligate CodeSourcery
|
|||
|
in any manner to any third party.
|
|||
|
21. Force Majeure.
|
|||
|
Neither CodeSourcery nor Licensee shall be liable for
|
|||
|
damages for any delay or failure of delivery arising out
|
|||
|
of causes beyond their reasonable control and without
|
|||
|
their fault or negligence, including, but not limited to,
|
|||
|
Acts of God, acts of civil or military authority, fires,
|
|||
|
riots, wars, embargoes, or communications failure.
|
|||
|
22. Miscellaneous.
|
|||
|
This Agreement constitutes the entire understanding of
|
|||
|
the parties with respect to the subject matter of this
|
|||
|
Agreement and merges all prior communications,
|
|||
|
representations, and agreements. This Agreement may be
|
|||
|
modified only by a written agreement signed by the
|
|||
|
parties. If any provision of this Agreement is held to be
|
|||
|
unenforceable for any reason, such provision shall be
|
|||
|
reformed only to the extent necessary to make it
|
|||
|
enforceable. This Agreement shall be construed under the
|
|||
|
laws of the State of California, USA, excluding rules
|
|||
|
regarding conflicts of law. The application of the United
|
|||
|
Nations Convention of Contracts for the International
|
|||
|
Sale of Goods is expressly excluded. This license is
|
|||
|
written in English, and English is its controlling
|
|||
|
language.
|