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diff --git a/60xx/libsensors_iio/License.txt b/60xx/libsensors_iio/License.txt new file mode 100644 index 0000000..930f931 --- /dev/null +++ b/60xx/libsensors_iio/License.txt @@ -0,0 +1,217 @@ +SOFTWARE LICENSE AGREEMENT + +Unless you and InvenSense Corporation ("InvenSense") execute a separate written +software license agreement governing use of the accompanying software, this +software is licensed to you under the terms of this Software License +Agreement ("Agreement"). + +ANY USE, REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE CONSTITUTES YOUR +ACCEPTANCE OF THIS AGREEMENT. + +1. DEFINITIONS. + +1.1. "InvenSense Product" means any of the proprietary integrated circuit +product(s) sold by InvenSense with which the Software was designed to be used, +or their successors. + +1.2. "Licensee" means you or if you are accepting on behalf of an entity +then the entity and its affiliates exercising rights under, and complying +with all of the terms of this Agreement. + +1.3. "Software" shall mean that software made available by InvenSense to +Licensee in binary code form with this Agreement. + +2. LICENSE GRANT; OWNERSHIP + +2.1. License Grants. Subject to the terms and conditions of this Agreement, +InvenSense hereby grants to Licensee a non-exclusive, non-transferable, +royalty-free license (i) to use and integrate the Software in conjunction +with any other software; and (ii) to reproduce and distribute the Software +complete, unmodified and only for use with a InvenSense Product. + +2.2. Restriction on Modification. If and to the extent that the Software is +designed to be compliant with any published communications standard +(including, without limitation, DOCSIS, HomePNA, IEEE, and ITU standards), +Licensee may not make any modifications to the Software that would cause the +Software or the accompanying InvenSense Products to be incompatible with such +standard. + +2.3. Restriction on Distribution. Licensee shall only distribute the +Software (a) under the terms of this Agreement and a copy of this Agreement +accompanies such distribution, and (b) agrees to defend and indemnify +InvenSense and its licensors from and against any damages, costs, liabilities, +settlement amounts and/or expenses (including attorneys' fees) incurred in +connection with any claim, lawsuit or action by any third party that arises +or results from the use or distribution of any and all Software by the +Licensee except as contemplated herein. + +2.4. Proprietary Notices. Licensee shall not remove, efface or obscure any +copyright or trademark notices from the Software. Licensee shall include +reproductions of the InvenSense copyright notice with each copy of the +Software, except where such Software is embedded in a manner not readily +accessible to the end user. Licensee acknowledges that any symbols, +trademarks, tradenames, and service marks adopted by InvenSense to identify the +Software belong to InvenSense and that Licensee shall have no rights therein. + +2.5. Ownership. InvenSense shall retain all right, title and interest, +including all intellectual property rights, in and to the Software. Licensee +hereby covenants that it will not assert any claim that the Software created +by or for InvenSense infringe any intellectual property right owned or +controlled by Licensee. + +2.6. No Other Rights Granted; Restrictions. Apart from the license rights +expressly set forth in this Agreement, InvenSense does not grant and Licensee +does not receive any ownership right, title or interest nor any security +interest or other interest in any intellectual property rights relating to +the Software, nor in any copy of any part of the foregoing. No license is +granted to Licensee in any human readable code of the Software (source code). +Licensee shall not (i) use, license, sell or otherwise distribute the +Software except as provided in this Agreement, (ii) attempt to reverse +engineer, decompile or disassemble any portion of the Software; or (iii) use +the Software or other material in violation of any applicable law or +regulation, including but not limited to any regulatory agency, such as FCC, +rules. + +3. NO WARRANTY OR SUPPORT + +3.1. No Warranty. THE SOFTWARE IS OFFERED "AS IS," AND INVENSENSE GRANTS AND +LICENSEE RECEIVES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE, +COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE. INVENSENSE SPECIFICALLY +DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC +PURPOSE OR NONINFRINGEMENT CONCERNING THE SOFTWARE OR ANY UPGRADES TO OR +DOCUMENTATION FOR THE SOFTWARE. WITHOUT LIMITATION OF THE ABOVE, INVENSENSE +GRANTS NO WARRANTY THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT +INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE RESULTS +THEREFROM INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY OR +RELIABILITY. + +3.2. No Support. Nothing in this agreement shall obligate InvenSense to +provide any support for the Software. InvenSense may, but shall be under no +obligation to, correct any defects in the Software and/or provide updates to +licensees of the Software. Licensee shall make reasonable efforts to +promptly report to InvenSense any defects it finds in the Software, as an aid +to creating improved revisions of the Software. + +3.3. Dangerous Applications. The Software is not designed, intended, or +certified for use in components of systems intended for the operation of +weapons, weapons systems, nuclear installations, means of mass +transportation, aviation, life-support computers or equipment (including +resuscitation equipment and surgical implants), pollution control, hazardous +substances management, or for any other dangerous application in which the +failure of the Software could create a situation where personal injury or +death may occur. Licensee understands that use of the Software in such +applications is fully at the risk of Licensee. + +4. TERM AND TERMINATION + +4.1. Termination. This Agreement will automatically terminate if Licensee +fails to comply with any of the terms and conditions hereof. In such event, +Licensee must destroy all copies of the Software and all of its component +parts. + +4.2. Effect Of Termination. Upon any termination of this Agreement, the +rights and licenses granted to Licensee under this Agreement shall +immediately terminate. + +4.3. Survival. The rights and obligations under this Agreement which by +their nature should survive termination will remain in effect after +expiration or termination of this Agreement. + +5. CONFIDENTIALITY + +5.1. Obligations. Licensee acknowledges and agrees that any documentation +relating to the Software, and any other information (if such other +information is identified as confidential or should be recognized as +confidential under the circumstances) provided to Licensee by InvenSense +hereunder (collectively, "Confidential Information") constitute the +confidential and proprietary information of InvenSense, and that Licensee's +protection thereof is an essential condition to Licensee's use and possession +of the Software. Licensee shall retain all Confidential Information in +strict confidence and not disclose it to any third party or use it in any way +except under a written agreement with terms and conditions at least as +protective as the terms of this Section. Licensee will exercise at least the +same amount of diligence in preserving the secrecy of the Confidential +Information as it uses in preserving the secrecy of its own most valuable +confidential information, but in no event less than reasonable diligence. +Information shall not be considered Confidential Information if and to the +extent that it: (i) was in the public domain at the time it was disclosed or +has entered the public domain through no fault of Licensee; (ii) was known to +Licensee, without restriction, at the time of disclosure as proven by the +files of Licensee in existence at the time of disclosure; or (iii) becomes +known to Licensee, without restriction, from a source other than InvenSense +without breach of this Agreement by Licensee and otherwise not in violation +of InvenSense's rights. + +5.2. Return of Confidential Information. Notwithstanding the foregoing, all +documents and other tangible objects containing or representing InvenSense +Confidential Information and all copies thereof which are in the possession +of Licensee shall be and remain the property of InvenSense, and shall be +promptly returned to InvenSense upon written request by InvenSense or upon +termination of this Agreement. + +6. LIMITATION OF LIABILITY +TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INVENSENSE OR ANY OF +INVENSENSE'S LICENSORS HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, +SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF +LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR +OTHERWISE, ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS +OF PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH +DAMAGES. IN NO EVENT WILL INVENSENSE'S LIABILITY WHETHER IN CONTRACT, TORT +(INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY LICENSEE FOR +SOFTWARE UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING +ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. + +7. MISCELLANEOUS + +7.1. Export Regulations. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS +SUBJECT TO UNITED STATES AND OTHER APPLICABLE EXPORT-RELATED LAWS AND +REGULATIONS AND THAT YOU MAY NOT EXPORT, RE-EXPORT OR TRANSFER THE SOFTWARE +OR ANY DIRECT PRODUCT OF THE SOFTWARE EXCEPT AS PERMITTED UNDER THOSE LAWS. +WITHOUT LIMITING THE FOREGOING, EXPORT, RE-EXPORT OR TRANSFER OF THE SOFTWARE +TO CUBA, IRAN, NORTH KOREA, SUDAN AND SYRIA IS PROHIBITED. + +7.2 Assignment. This Agreement shall be binding upon and inure to the +benefit of the parties and their respective successors and assigns, provided, +however that Licensee may not assign this Agreement or any rights or +obligation hereunder, directly or indirectly, by operation of law or +otherwise, without the prior written consent of InvenSense, and any such +attempted assignment shall be void. Notwithstanding the foregoing, Licensee +may assign this Agreement to a successor to all or substantially all of its +business or assets to which this Agreement relates that is not a competitor +of InvenSense. + +7.3. Governing Law; Venue. This Agreement shall be governed by the laws of +California without regard to any conflict-of-laws rules, and the United +Nations Convention on Contracts for the International Sale of Goods is hereby +excluded. The sole jurisdiction and venue for actions related to the subject +matter hereof shall be the state and federal courts located in the County of +Orange, California, and both parties hereby consent to such jurisdiction and +venue. + +7.4. Severability. All terms and provisions of this Agreement shall, if +possible, be construed in a manner which makes them valid, but in the event +any term or provision of this Agreement is found by a court of competent +jurisdiction to be illegal or unenforceable, the validity or enforceability +of the remainder of this Agreement shall not be affected if the illegal or +unenforceable provision does not materially affect the intent of this +Agreement. If the illegal or unenforceable provision materially affects the +intent of the parties to this Agreement, this Agreement shall become +terminated. + +7.5. Equitable Relief. Licensee hereby acknowledges that its breach of this +Agreement would cause irreparable harm and significant injury to InvenSense +that may be difficult to ascertain and that a remedy at law would be +inadequate. Accordingly, Licensee agrees that InvenSense shall have the right +to seek and obtain immediate injunctive relief to enforce obligations under +the Agreement in addition to any other rights and remedies it may have. + +7.6. Waiver. The waiver of, or failure to enforce, any breach or default +hereunder shall not constitute the waiver of any other or subsequent breach +or default. + +7.7. Entire Agreement. This Agreement sets forth the entire Agreement +between the parties and supersedes any and all prior proposals, agreements +and representations between them, whether written or oral concerning the +Software. This Agreement may be changed only by mutual agreement of the +parties in writing. + |