IMPORTANT. Read the following Freescale Semiconductor
Software License Agreement ("Agreement") completely. By selecting the
"I Accept" button below, you indicate that you accept the terms of
this Agreement. You may then install the software. FREESCALE SEMICONDUCTOR
SOFTWARE LICENSE AGREEMENT This is a legal
agreement between you (either as an individual or as an authorized
representative of your employer) and Freescale Semiconductor, Inc.
("Freescale"). It concerns your rights to use this file and any accompanying
written materials (the "Software"). In consideration for Freescale
allowing you to access the Software, you are agreeing to be bound by the terms
of this Agreement. If you do not agree to all of the terms of this Agreement,
do not download the Software. If you change your mind later, stop using the
Software and delete all copies of the Software in your possession or control.
Any copies of the Software that you have already distributed, where permitted,
and do not destroy will continue to be governed by this Agreement. Your prior
use will also continue to be governed by this Agreement. LICENSE GRANT. Exclusively in conjunction with Licensee's development and sale
of a Qualifying Product, Freescale grants to you, free of charge, the
non-exclusive, non-transferable right (1) to use the Software, (2) to reproduce
the Software, (3) to prepare derivative works of the Software, (4) to
distribute the Software and derivative works thereof in object
(machine-readable) form as part of a Qualifying Product, and (5) to sublicense
to others the right to use the distributed Software as included within the
Qualifying Product. You must prohibit your sublicensees
from translating, reverse engineering, decompiling, or disassembling the
Software except to the extent applicable law specifically prohibits such
restriction. If you violate any of the terms or restrictions of this Agreement,
Freescale may immediately terminate this Agreement, and require that you stop
using and delete all copies of the Software in your possession or control. For
purposes of this license, a “Qualifying Product” is a product that: (1)
contains a Freescale Xtrinsic Sensing Platform (e.g., FXLC95000 or other
Freescale Xtrinsic Sensing Platform); (2) contains a Freescale supported
processor and contains any type of Xtrinsic accelerometer (e.g., MMA8451Q). COPYRIGHT. The Software is licensed to you, not
sold. Freescale owns the Software, and United States copyright laws and
international treaty provisions protect the Software. Therefore, you must treat
the Software like any other copyrighted material (e.g. a book or musical
recording). You may not use or copy the Software for any other purpose than
what is described in this Agreement. Except as expressly provided herein,
Freescale does not grant to you any express or implied rights under any
Freescale or third-party patents, copyrights, trademarks, or trade secrets.
Additionally, you must reproduce and apply any copyright or other proprietary
rights notices included on or embedded in the Software to any copies or
derivative works made thereof, in whole or in part, if any. SUPPORT. Freescale is NOT obligated to provide
any support, upgrades or new releases of the Software. If you wish, you may
contact Freescale and report problems and provide suggestions regarding the
Software. Freescale has no obligation whatsoever to respond in any way to such
a problem report or suggestion. Freescale may make changes to the Software at
any time, without any obligation to notify or provide updated versions of the
Software to you. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
FREESCALE EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE IS
PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU
ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE,
OR ANY SYSTEMS YOU DESIGN USING THE SOFTWARE (IF ANY). NOTHING IN THIS
AGREEMENT MAY BE CONSTRUED AS A WARRANTY OR REPRESENTATION BY FREESCALE THAT
THE SOFTWARE OR ANY DERIVATIVE WORK DEVELOPED WITH OR INCORPORATING THE
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attorney's fees) related to (1) your use (including your sublicensee's
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of this Agreement. LIMITATION OF
LIABILITY. IN NO EVENT WILL
FREESCALE BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY
INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE,
COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES TO THE FULL EXTENT SUCH
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EXPORT RESTRICTIONS. You must use the Software in accordance with all
applicable U.S. laws, regulations and statutes. You agree that neither you nor
your licensees (if any) intend to or will, directly or indirectly, export or
transmit the Software to any country in violation of U.S. export restrictions. GOVERNMENT USE. Use of the Software and any corresponding
documentation, if any, is provided with RESTRICTED RIGHTS. Use, duplication or
disclosure by the Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(l) and (2) of the Commercial
Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is Freescale Semiconductor, Inc., 6501 William Cannon Drive West,
Austin, TX, 78735. HIGH RISK ACTIVITIES. You acknowledge that the Software is not
fault tolerant and is not designed, manufactured or intended by Freescale for
incorporation into products intended for use or resale in on-line control
equipment in hazardous, dangerous to life or potentially life-threatening
environments requiring fail-safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communication systems, air traffic
control, direct life support machines or weapons systems, in which the failure
of products could lead directly to death, personal injury or severe physical or
environmental damage ("High Risk Activities"). You specifically
represent and warrant that you will not use the Software or any derivative work
of the Software for High Risk Activities. CHOICE OF LAW; VENUE;
LIMITATIONS. You
agree that the statutes and laws of the United States and the State of Texas,
USA, without regard to conflicts of laws principles, will apply to all matters
relating to this Agreement or the Software, and you agree that any litigation
will be subject to the exclusive jurisdiction of the state or federal courts in
Texas, USA. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to this Agreement or the
Software must be filed within one (1) year after such claim or cause of action
arose or be forever barred. PRODUCT LABELING. You are not authorized to use any
Freescale trademarks, brand names, or logos. ENTIRE AGREEMENT. This Agreement constitutes the entire
agreement between you and Freescale regarding the subject matter of this
Agreement, and supersedes all prior communications, negotiations,
understandings, agreements or representations, either written or oral, if any.
This Agreement may only be amended in written form, executed by you and
Freescale. SEVERABILITY. If any provision of this Agreement is
held for any reason to be invalid or unenforceable, then the remaining
provisions of this Agreement will be unimpaired and, unless a modification or
replacement of the invalid or unenforceable provision is further held to
deprive you or Freescale of a material benefit, in which case the Agreement
will immediately terminate, the invalid or unenforceable provision will be
replaced with a provision that is valid and enforceable and that comes closest
to the intention underlying the invalid or unenforceable provision. NO WAIVER. The waiver by Freescale of any breach of
any provision of this Agreement will not operate or be construed as a waiver of
any other or a subsequent breach of the same or a different provision. |