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