END USER LICENCE AGREEMENT FOR THE ARM REALVIEW DEVELOPER SUITE EVALUATION VERSION

IMPORTANT: READ CAREFULLY PRIOR TO ANY INSTALLATION OR USE OF THE SOFTWARE.

This Licence applies to any software, firmware and data ("Software") and documentation  ("Documentation") accompanying this Licence, including any updates, patches and modifications ARM may make available to you under its terms.

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: solely for internal testing and evaluation purposes, for an actual or proposed development by you of software applications targeted at 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) and 1(iii) below.

(ii) LIBRARIES: In respect of any Language Libraries and Helper Libraries (together "Libraries") identified in the Schedule, ARM hereby grants you an additional non-exclusive, non-transferable 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.

HOWEVER, THIS IS AN EVALUATION OR BETA LICENCE ONLY, AND NO RIGHT IS GRANTED TO DISTRIBUTE OR SUB-LICENSE 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 do not redistribute such code and do not use ARM’s name, logo or trademarks to market the Licensed Products:
THIS IS AN EVALUATION OR BETA LICENCE ONLY, AND NO RIGHT IS GRANTED TO DISTRIBUTE OR SUB-LICENSE THE LICENSED PRODUCTS.

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.

The Software and Documentation is UNSUPPORTED by ARM. You are not entitled to support or maintenance in respect of the Software or Documentation under this Licence, or under your existing support and maintenance contract with ARM (if any).

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. NO WARRANTIES.

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.

You shall only use DynaText for viewing the relevant Documentation.

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 or Documentation 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, 5, 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-00065-V4.0  AB/SD