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230 lines
14 KiB
Plaintext
230 lines
14 KiB
Plaintext
All the parts of B2G written by Mozilla are free software, under the MPL 2 and
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other licenses.
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However, this directory contains system images for use with the PandaBoard, and
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these images require proprietary drivers to function. The full license terms
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for those drivers are included below. The "Authorized Android Enabled Device"
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is the PandaBoard. Your attention is particularly drawn to the fact that the
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license only gives permission for Imagination Technologies' software (the
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drivers) to be used on certain devices, and only non-commercially (section 2a).
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Alternative terms may be available from Imagination Technologies.
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THIS DEVELOPER SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT") IS A LEGALLY
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BINDING AGREEMENT BETWEEN IMAGINATION TECHNOLOGIES LTD. ("LICENSOR") AND
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YOU OR THE LEGAL ENTITY YOU REPRESENT ("You" or its possessive, "Your"). BY
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TYPING "I ACCEPT" WHERE INDICATED YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
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AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF
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YOU DO NOT AGREE TO THESE TERMS YOU MUST DISCONTINUE THE INSTALLATION PROCESS
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AND YOU SHALL NOT USE THE SOFTWARE OR RETAIN ANY COPIES OF THE SOFTWARE OR
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DOCUMENTATION. ANY USE OR POSSESSION OF THE SOFTWARE BY YOU IS SUBJECT TO THE
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TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF THE SOFTWARE IS INSTALLED
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ON A COMPUTER OWNED BY A CORPORATION OR OTHER LEGAL ENTITY, THEN YOU REPRESENT
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AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND
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CONDITIONS OF THIS AGREEMENT.
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1. Special Definitions
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a. The term "Android" means the open source mobile platform, software
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stack, operating system, middleware, application programming
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interfaces and mobile applications under the trade-name "Android"
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distributed at Android.com.
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b. The term "Android Applications" means a software application or
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open-source contribution developed by You, designed to operate with
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Android that does not contain or incorporate any of the Software.
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c. The term "Authorized Android Enabled Device" means only the device
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identified on the site from which You downloaded the Software.
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The term "Software" means the Licensor's proprietary software and
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libraries in object code form, designed for use on the Authorized
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Android Enabled Device.
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d. The term "Authorized Android Enabled Device Software" means a
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packaged build for Authorized Android Enabled Devices, consisting of
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files suitable for installation on an Authorized Android Enabled
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Device using a mechanism such as fastboot mode or recovery mode.
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2. License Grant
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a. Subject to the terms of this Agreement, Licensor hereby grants to
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You, free of charge, a non-exclusive, non-sublicensable,
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non-transferable, limited license, during the term of this Agreement,
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to download, install and use the Software internally in
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machine-readable (i.e., object code) form and the Documentation for
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non-commercial use on an Authorized Android Enabled Device and
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non-commercial redistribution of the Authorized Android Enabled
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Device Software (the "Limited Purpose"). You may grant your end users
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the right to use the Software for the Limited Purpose. The license to
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the Software granted to You hereunder is solely for the Limited
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Purpose set forth in this section, and the Software shall not be used
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for any other purpose.
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3. Restrictions
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a. Retention of Rights. The entire right, title and interest in the
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Software shall remain with Licensor and, unless specified in writing
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hereunder, no rights are granted to any of the Software. Except for
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the right to use the Software for the Limited Purpose, the delivery
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of the Software to You does not convey to You any intellectual
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property rights in the Software, including, but not limited to any
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rights under any patent, trademark, copyright, or trade secret.
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Neither the delivery of the Software to You nor any terms set forth
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herein shall be construed to grant to You, either expressly, by
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implication or by way of estoppel, any license under any patents or
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other intellectual property rights covering or relating to any other
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product or invention or any combination of the Software with any
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other product. Any rights not expressly granted to You herein are
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reserved by Licensor.
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b. No Commercialization or Distribution of the Software and
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Documentation. Except as expressly provided in Section 2 of this
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Agreement, You shall have no right to (i) copy, disclose, distribute,
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publically perform, publically display, transfer, alter, modify,
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translate, disassemble, decompile, reverse engineer, or adapt the
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Software and Documentation, or any portion thereof, or create any
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derivative works based thereon; (ii) rent, lease, assign, sublicense,
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resell, disclose or otherwise transfer the Software and Documentation
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in whole or in part to any third party (iii) use the Software and
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Documentation except for the Limited Purpose, (iv) remove or alter
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any of the copyright or proprietary notices contained in any of the
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Software and Documentation. For the purposes of clarity, nothing in
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this Agreement prohibits You from making and distributing Android
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Applications under commercial or non-commercial terms, provided that
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You shall not contain, incorporate, and/or compile the Software or
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any of its derivative works, in whole or in part, into Your Android
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Applications and/or any software/devices created by You or by third
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parties acting on Your behalf. You and any such third party shall
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comply with all of the terms and conditions of this Agreement.
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c. No Reverse Engineering. Except for any portions of the Software
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provided to You in source code format and except for any third party
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code distributed with the Software that is licensed under contrary
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terms, You will not reverse engineer, disassemble,
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decompile, or translate the Software, or otherwise attempt to derive
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the source code version of the Software, except if and to the extent
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expressly permitted under any applicable law.
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d. Third Party Software. You agree that Android may contain third party
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software. You agree that you may not distribute such third party
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software for any purpose without appropriate licenses from the
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applicable third party or parties.
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e. No Transfer or Assignment. You shall not assign any of its rights or
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obligations under this Agreement. Any attempted assignment in
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contravention of this Section shall be void.
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4. Indemnity
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a. You agree to indemnify and hold harmless Licensor and its officers,
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directors, customers, employees and successors and assigns (each an
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"Indemnified Party") against any and all claims, demands, causes of
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action, losses, liabilities, damages, costs and expenses, incurred by
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the Indemnified Party (including but not limited to costs of defense,
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investigation and reasonable attorney's fees) arising out of,
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resulting from or related to (i) any software, products,
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documentation, content, materials or derivative works created or
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developed by You using the Software which causes an infringement of
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any patent, copyright, trademark, trade secret, or other property,
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publicity or privacy rights of any third parties arising in any
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jurisdiction anywhere in the world, (ii) the download, distribution,
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installation, storage, execution, use or transfer of such software,
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products, documentation, content, materials or derivative works by
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any person or entity, and/or (iii) any breach of this Agreement by
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You. If requested by an Indemnified Party, You agree to defend such
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Indemnified Party in connection with any third party claims, demands,
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or causes of action resulting from, arising out of or in connection
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with any of the foregoing.
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5. Limitation of Liability
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a. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO
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CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL
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LICENSOR, ITS AFFILIATES AND/OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR
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AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
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CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS
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OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
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INFORMATION AND THE LIKE) ARISING OUT OF OR IN CONNECTION WITH THE
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SOFTWARE OR ANY DOWNLOAD, INSTALLATION OR USE OF, OR INABILITY TO
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USE, THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
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LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
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DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY OR MAY BE
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LIMITED. IN NO EVENT SHALL LICENSOR'S TOTAL AGGREGATE LIABILITY TO
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YOU FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTIONS
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(WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNIFICATION OR
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OTHERWISE) EXCEED ONE HUNDRED U.S. DOLLARS (US00). THE LIMITATIONS
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SET FORTH IN THIS PARAGRAPH SHALL BE DEEMED TO APPLY TO THE MAXIMUM
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EXTENT PERMITTED BY APPLICABLE LAW. THE PARTIES HAVE FULLY CONSIDERED
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THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE
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FOREGOING LIMITATIONS IN THIS PARAGRAPH ARE AN ESSENTIAL BASIS OF
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THE BARGAIN BETWEEN THE PARTIES.
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6. No Warranty
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a. LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
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SOFTWARE AND DOCUMENTATION PROVIDED UNDER THIS AGREEMENT, INCLUDING
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BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
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PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY EXPRESS OR IMPLIED
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WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR
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COURSE OF PERFORMANCE. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE
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CONSTRUED AS A WARRANTY OR REPRESENTATION BY LICENSOR (I) AS TO THE
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VALIDITY OR SCOPE OF ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL
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PROPERTY RIGHT AND (II) THAT ANY MANUFACTURE OR USE WILL BE FREE FROM
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INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY
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RIGHTS OF OTHERS, AND IT SHALL BE THE SOLE RESPONSIBILITY OF YOU TO
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MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE
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ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY
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OF THIRD PARTIES. LICENSOR SHALL NOT HAVE ANY OBLIGATION TO PROVIDE
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ANY TECHNICAL SUPPORT OF THE SOFTWARE UNDER THIS AGREEMENT.
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7. Term and Termination
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a. This Agreement shall be effective on the date You accept this
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Agreement and shall remain in effect until terminated as provided
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herein. You may terminate the Agreement at any time by deleting and
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destroying all copies of the Software and all related information in
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Your possession or control. This Agreement terminates immediately and
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automatically, with or without notice, if You fail to comply with any
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provision hereof. Additionally, Licensor may at any time terminate
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this Agreement, without cause, upon notice to You. Upon termination
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You must delete or destroy all copies of the Software in Your
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possession, and the license granted to You in this Agreement shall
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terminate. Sections 3, 4, 5, 6 and 8 shall survive the termination of
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this Agreement.
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8. Miscellaneous
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a. Governing Law. This Agreement is governed and interpreted in
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accordance with the laws of the State of California without giving
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effect to its conflict of laws provisions. The United Nations
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Convention on Contracts for the International Sale of Goods is
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expressly disclaimed and shall not apply. Any claim arising out of or
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related to this Agreement must be brought exclusively in a federal or
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state court located in Santa Clara County, California and You consent
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to the jurisdiction and venue of such courts.
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b. Waiver and Severability. The failure of either party to require
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performance by the other party of any provision of this Agreement
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shall not affect the full right to require such performance at any
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time thereafter; nor shall the waiver by either party of a breach of
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any provision of this Agreement be taken or held to be a waiver of
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the provision itself. Severability. If any provision of this
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Agreement is unenforceable or invalid under any applicable law or is
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so held by applicable court decision, such unenforceability or
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invalidity shall not render this Agreement unenforceable or invalid
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as a whole, and such provision shall be changed and interpreted so as
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to best accomplish the objectives of such unenforceable or invalid
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provision within the limits of applicable law or applicable court
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decisions.
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c. Amendment and Modification. This Agreement and any of its terms and
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provisions may only be amended, modified, supplemented or waived in a
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writing signed by both parties hereto.
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d. Compliance with Laws. You shall comply with all applicable laws,
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rules, and regulations in connection with its activities under this
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Agreement.
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e. Entire Agreement. This Agreement completely and exclusively states
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the agreement between You and Licensor regarding this subject matter.
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