END USER LICENCE AGREEMENT FOR THE ARM REALVIEW DEVELOPER SUITE
IMPORTANT: READ CAREFULLY PRIOR TO ANY INSTALLATION OR USE OF THE SOFTWARE.
This Licence applies to any software and data ("Software") and documentation
("Documentation") accompanying this Licence, including any updates,
patches and modifications ARM may make available to you under its terms.
It shall also override any end user licence agreements included with versions
of the ARM Developer Suite that may be included in the Software.
However, "Software" and "Documentation" does NOT include any
software utilities or files which may be distributed or made available with
the Software or Documentation for your convenience including any items listed
in the Schedule as separate files (together "Separate Files"), but
which are governed by their own separate licence agreement, for example any
Separate Files to which any of the GNU Public Licences apply. This Licence
does not apply to such Separate Files. You may only use such Separate Files
in accordance with their applicable licence agreement, a copy of which should
be included with the files concerned.
The Software and Documentation are owned by ARM Limited ("ARM") or
its licensors and is protected by copyright laws and international copyright
treaties as well as other intellectual property laws and treaties. The Software
and Documentation are licensed not sold.
ARM IS WILLING TO LICENSE THE SOFTWARE AND DOCUMENTATION TO YOU UPON THE
CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENCE. YOU
WERE ADVISED AT THE TIME THAT THE SOFTWARE WAS PROVIDED TO YOU THAT ANY USE
BY YOU OF THE SOFTWARE WILL BE REGULATED BY THE TERMS AND CONDITIONS OF THIS
LICENCE.
ACCEPTANCE
If you agree with and accept the terms and conditions of this Licence it
shall become a legally binding agreement between you and ARM and you may proceed
to install, copy and use the Software in accordance with the terms and conditions
of this Licence.
REJECTION AND REFUND
If you do not agree with or do not wish to be bound by the terms and conditions
of this Licence, you may NOT install, copy or use the Software and should
promptly return the Software to the person who provided it to you and ask
for a refund of any licence fee paid for the Software.
TERMS AND CONDITIONS
1. LICENCE GRANTS.
(i) SOFTWARE AND DOCUMENTATION: ARM hereby grants to you, subject to the
terms and conditions of this Licence, and subject to any limitations incorporated
in the Software or imposed by its electronic licence management system, a
non-exclusive, non-transferable licence to:
- use and copy the object code of the Software; and
- use the Documentation,
solely for the purposes of your internal development, testing and debugging
of software applications that will be licensed to run only on microprocessors
manufactured under licence from ARM. You shall not modify or redistribute
any of the Software or Documentation except as may be permitted by clauses
1(ii)-1(iv) below.
(ii) LIBRARIES: In respect of any Language Libraries and Helper Libraries
(together "Libraries") identified in the Schedule, ARM hereby grants
you the following additional non-exclusive, non-transferable licences, provided
you comply with the terms of clause 1(iv):
- a licence to develop applications which (a) incorporate the Language
Libraries, and which add substantial functionality to the Language Libraries,
or (b) use the Helper Libraries, but which do not have to add functionality
to the Helper Libraries (the combination of such applications and Libraries
in each case being referred to as "Licensed Products"), and/or to
compile and link such application programs with the Libraries; and
- a licence to reproduce and distribute the Licensed Products.
(iii) EXAMPLE CODE: In respect of any Example Code identified in the Schedule
ARM hereby grants you the following additional non-exclusive, non-transferable
licences, provided you comply with the terms of clause 1(iv):
- a licence to use and modify the source code form of any Example Code
identified in the Schedule as "Limited Use", for the sole purposes
of internal testing, evaluation, and incorporation into, and the development
and testing of, Licensed Products (except for Dhrystone which may only be
used for internal testing and evaluation);
- a licence to reproduce and distribute the Example Code identified in
the Schedule as "Limited Use", or derivatives thereof, only in object
code form, and only as part of Licensed Products (except for Dhrystone which
shall not be reproduced except as necessary to exercise the above internal
use licence, nor redistributed);
- a licence to use and modify the source code form of any Example Code
identified in the Schedule as "Extended Use", for the sole purposes
of internal testing, evaluation, and incorporation into, and the development
and testing of, Licensed Products; and
- a licence to reproduce and distribute the Example Code identified in
the Schedule as "Extended Use", or derivatives thereof, in source
or object code form, and only as part of Licensed Products.
(iv) FURTHER CONDITIONS APPLICABLE TO REDISTRIBUTABLES: If you are authorised
and choose to redistribute the Example Code or Libraries (together "Redistributables"),
you agree to:
- distribute the Redistributables only in object code form, and only
as part of Licensed Products, except for Extended Use Example Code, which
can be distributed in source code form, and only as part of Licensed Products;
- ensure that Licensed Products are licensed to run only on microprocessors
manufactured under licence from ARM;
- not use ARM’s name, logo or trademarks to market the Licensed Products;
- include valid copyright notices on the Licensed Products, and preserve
any copyright notices which are included with, or in, the Redistributables;
- comply with all the other terms of this Licence; and
- not permit further redistribution of the Redistributables by your customers
except where your distributors redistribute the Redistributables to your end-user
customers only in conjunction with and as part of a Licensed Product and
your distributors otherwise comply with the terms of this Licence.
2. RESTRICTIONS ON USE OF THE SOFTWARE.
ACADEMIC OR EDUCATIONAL USERS ONLY: If you or your employer or institution
paid academic or educational pricing for the Software, or the Software is
identified as an academic or educational version, (together "Academic
Software") then notwithstanding anything else in this Licence, YOU AGREE
TO USE THE ACADEMIC SOFTWARE ONLY FOR ACADEMIC, NON-COMMERCIAL PURPOSES,
AND ARM DOES NOT GRANT YOU ANY RIGHTS TO DISTRIBUTE OR SUB-LICENCE ANY APPLICATIONS
DEVELOPED USING THE ACADEMIC SOFTWARE UNDER THIS LICENCE.
COPYING: Copying and use of the Software by you is limited to the extent
necessary for normal use of the Software on a single computer connected to
a single monitor at any one time, except that: (i) you may make one additional
copy for backup purposes only; and (ii) where you have purchased a floating
licence, you may use the Software on as many computers as are licensed to
run concurrently.
MULTIPLE VERSIONS: The media on which the Software resides may contain more
than one version of the Software and/or Documentation, each of which is compatible
with a different operating system (such as Microsoft Windows 2000 and Windows
XP Professional). Each version may only be installed and used by you to the
extent that you have valid licences from ARM for the number of seats you require,
for each version you require.
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, and any other results of your use or testing of the Software
which are indicative of 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.
TITLE AND RESERVATION OF RIGHTS: You acquire no rights to the Software other
than as expressly provided by this Licence. The Software is licensed not sold.
ARM does not transfer title to the Software to you.
COPYRIGHT NOTICES: 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 purchased the Software directly from ARM, and you are not receiving
it as an update or upgrade or as Academic Software (defined in clause 2),
you are entitled to reasonable telephone and e-mail support for the Software
for the period of twelve (12) months, commencing from the day of purchase;
such support to be prioritised at ARM’s discretion. Support supplied by ARM
may not be used as a substitute for training nor as additional resource for
your programming projects.
If you did not purchase the Software directly from ARM, or it is Academic
Software, then, except as provided as a remedy to any claim under the limited
warranties provided in clause 5, you are not entitled to any support for the
Software from ARM under this Agreement. The vendor of the Software may or
may not offer support to you for the Software.
Details of how to obtain support from your supplier, 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 may embody trade secrets and confidential
material, and you agree to maintain the Software 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
unauthorised disclosure and use of the Software. 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. LIMITED WARRANTIES.
For the period of ninety (90) days from the date of receipt by you of the
Software, ARM warrants to you that (i) the media on which the Software is
provided shall be free from defects in materials and workmanship under normal
use; and (ii) the Software will perform substantially in accordance with the
Documentation (if any). ARM's total liability and your exclusive remedy for
breach of these limited warranties shall be limited to ARM, at ARM's option;
(a) refunding the price paid by you for the Software; or (b) replacing the
defective Software; or (c) using reasonable efforts to correct material, documented,
reproducible defects in the Software and delivering such corrected Software
to you. Any replacement Software will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever is the longer.
EXCEPT AS MAY BE PROVIDED ABOVE, YOU AGREE THAT THE SOFTWARE AND DOCUMENTATION
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
ANY APPLICATION PROGRAMS YOU MAY CREATE WITH THE SOFTWARE, 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
OR DOCUMENTATION 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 TOTAL OF SUMS PAID BY YOU
TO ARM (IF ANY) FOR THIS LICENCE.
7. THIRD PARTY RIGHTS.
Software and/or Documentation provided under this Licence may contain or
be derived from portions of materials provided by a third party under license
to ARM. Such third party is an intended third party beneficiary of this Licence.
THE THIRD PARTY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO
THE USE OF SUCH MATERIALS IN CONNECTION WITH THE SOFTWARE AND DOCUMENTATION,
INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF SATISFACTORY QUALITY OR FITNESS
FOR A PARTICULAR PURPOSE.
Windows and Solaris versions of the Software only: You shall only use DynaText
for viewing the relevant Documentation.
Linux and Solaris versions of the Software only: You shall only use the
Hyperhelp viewer for displaying the relevant Documentation; You shall only
use Hyperhelp xprinter to print from the Hyperhelp viewer, not from the Software
application(s) themselves or otherwise; and no distribution, copying or other
use of these components is permitted.
Distribution of binary code derived from the Rogue Wave C++ Libraries is
permitted only if: (a) a suitable redistribution licence is granted above;
and (b) such binaries do not constitute a major portion of the value of the
software application with which, or as part of which, they are distributed
or used. No right is granted to use the Rogue Wave C++ Libraries on any computers
as are marketed or commonly considered to be mainframe computers in the computer
industry. Notwithstanding any provisions in this Licence to the contrary,
you shall not: (a) distribute in any manner any of the header files, object
modules, template-based classes, or independent static libraries of the Rogue
Wave C++ Libraries or documentation relating thereto; (b) distribute any portion
of the same in a software utility product or otherwise in competition with
Rogue Wave Software Inc’s distribution thereof; nor (c) rent or lease the
Software. "Rogue Wave" is a registered trademark of Rogue Wave Software,
Inc.
ARM hereby offers to supply the Separate Files comprising dmake in source
code form, subject to the terms of the GNU General Public License Version
1, February 1989, upon request. This offer is valid for three (3) years from
the effective date of your licence to the Software, after which it shall lapse.
8. U.S. GOVERNMENT END USERS.
If you are acquiring the Software, Documentation and/or fonts on behalf
of any unit or agency of the United States Government, the following provisions
apply. The Software and Documentation constitutes a "commercial item",
as that term is defined at 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), and is provided to
the U.S. Government only as a commercial end item. 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 [ARM Limited].
Use, copying or disclosure by the US Government is subject to the restrictions
set out in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as
applicable.
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 Documentation and it may only be modified by written agreement between
you and ARM. This Licence may not be modified by purchase orders, advertising
or other representation by any person.
If any clause 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.
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
LIBRARIES (OBJECT CODE):
A. Language Libraries
C Libraries
C++ runtime support library
RogueWave C++ Libraries
B. Helper Libraries
ARM Compiler Helper Libraries identified on CD by pseudo search string:
"/RVCT/Data/2.2/<buildno>/lib/armlib/h_*.*"
EXAMPLE CODE - LIMITED USE:
Dhrystone
MMUgen
FFT example code
EXAMPLE CODE - EXTENDED USE:
Example Flash Download Algorithms identified on CD by pseudo search string:
"/RVD/Core/1.8/<buildno>/<platform>/flash/examples/*.*"
Any and all other example code identified as such and included with the
Software
SEPARATE FILES (NOT COVERED BY THIS LICENCE):
A. Licensed under the Lesser General Public Licence, version 2.1:
zthread shared library (binary code)
zthread (source code)
LGPL licence text file
B. Licensed under the General Public Licence, version 1:
DMAKE (with Windows version only) consisting of:
make.exe
startup.mk
make_LICENSE text file
/end
ARM contract references: LEC-ELA-00069-V2.0 AB/SD