| 1. |
Subject to compliance with the obligations under this license, customer is hereby granted a royalty free, non-exclusive, non-transferable,
non-assignable, non-sub-licensable license to (a) use the USB Stack
in
source and object code form solely as necessary for the design and
development of your products ("Customer Products") and (b)
to make, sell,
offer to sell, or otherwise distribute the USB Stack (in object code
form
only) as part of the Customer Products, in both cases on Renesas devices
ONLY. The term "use" in the development or design phase
described in (a) above shall include making modification to the USB
stack code but is limited to modification of the
blocks identified as requiring modification in the user manual of
the USB Stack. |
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| 2. |
Customer agrees that it shall not convey or distribute all or any
part of the USB Stack source code which is combined with any code
containing or being derived from opensource software models including
those which
require derived or combined works to be licensed on the same terms
including
but not limited to GNU's general public license (GPL) Apache Server
License,
and Sun Community License. |
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| 3. |
No other license to any intellectual property right of Renesas
is expressly or impliedly granted hereunder. Customer shall not decompile
or
reverse engineer the USB Stack except as permitted by this license
or by
law. |
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| 4. |
There is no transfer of ownership of intellectual property rights
in
the USB Stack hereunder. All intellectual rights in the USB Stack
shall
remain the property of Renesas. |
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| 5. |
The USB Stack is provided by Renesas on an "as is" basis
without
warranty of any kind (and is not guaranteed to be error free). The
entire
risk as to the results and performance of the USB Stack, either on
its own
or in combination with any other hardware or USB Stack (whether provided
by
Renesas or otherwise), is assumed by Customer. |
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| 6. |
Customer must use its own judgment as to the suitability of the
USB
Stack for the use to which the USB Stack is put. Renesas disclaims
all
warranties and representation, whether express or implied, including
but not
limited to the implied warranties of merchantability, satisfactory
quality, fitness for a
particular purpose, and warranties with regard to non-infringement
of
intellectual property rights with regard to the USB Stack. |
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| 7. |
There is no obligation on Renesas to fix errors or update the USB
Stack and no support will be provided by Renesas in respect of the
USB
Stack. |
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| 8. |
Customer agrees that the supply of the USB Stack does not imply
any
license or liability for intellectual property rights associated with
the
standards relating to USB Stack. Customer assumes all responsibility
and
liability for such licenses or liabilities and must contact the third
party
owner of the respective intellectual property rights directly for
such
licenses. |
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| 9. |
Any material breach of this license (including, without limitation,
breach of clauses 1, 2, and 10) by Customer shall entitle Renesas
to
terminate this license upon written notice to Customer. |
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| 10. |
Each party shall comply with all applicable export control laws
and regulations promulgated and administered by the governments of
any countries asserting jurisdiction over the parties' activities
under this license. |
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| 11. |
Except to the extent such liability can not be lawfully limited
or
excluded, Renesas shall have no liability to Customer, howsoever arising
out
of or in connection with this license whether in contract, tort or
otherwise, including under any mode of damages, compensatory or
restitution award. The foregoing limit and exclusion of liability
(without
limiting its generality) operates to exclude liability for loss of
profits,
loss of data, loss of business, loss of anticipated savings, or product
recall costs, as well as any consequential loss. In the event that
a court
of competent jurisdiction holds that any exclusion or limit of liability
is
unreasonable and that Renesas is therefore liable to Customer under
this
license, such liability shall be limited to fifty pounds sterling.
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| 12. |
This license is subject to the laws of England and Wales and the
parties submit to the exclusive jurisdiction of the courts of England
and
Wales for the determination of any dispute in relation to this license. |
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