This package was debianized by Alex Chiang <achiang@canonical.com> on
Tue Apr 26 13:54:57 MDT 2011

It was downloaded from <url://example.com>

Upstream Author(s):

    <put author's name and email here>
    <likewise for another author>

Copyright:

    Copyright (C) 2011 Freescale Semiconductor, Inc.


License:

 
     ==================================================
     FREESCALE SEMICONDUCTOR SOFTWARE LICENSE AGREEMENT
     ==================================================

IMPORTANT. Read the following Freescale Semiconductor Software License 
Agreement ("Agreement") completely. By selecting the "I Accept" button at the end of 
this page, you indicate that you accept the terms of this Agreement. You may then 
download the file.  


This is a legal agreement between you, as an authorized representative of your employer 
(together "you"), and Freescale Semiconductor, Inc. ("Freescale") and its Affiliates. It 
concerns your rights to use this software and any accompanying written documentation (the 
"Licensed Software"). In consideration for Freescale allowing you to access the Licensed 
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 Licensed Software. If at any point 
you no longer agree to all the terms of this Agreement, stop using the Licensed Software 
immediately and delete all copies of the Licensed Software in your possession or control. 
Any copies of the Licensed Software that you have already distributed, where permitted, and 
that have not been destroyed, will continue to be governed by this Agreement. Your prior use 
of the Licensed Software will also continue to be governed by this Agreement.  


Section 1.	Definitions

1.1	 "Affiliate" means, in relations to any party, any corporation, or entity directly or 
indirectly controlled by, controlling, or under common control with Freescale.  

1.2	"Authorized Employees" means your employees or contractors working at your 
premises on your behalf under a work for hire agreement

1.3	"Authorized System" means the hardware system(s) or software program(s) marketed 
by you which contains an i.MX processor and for which the Licensed Software will be 
adapted by Licensor pursuant to this Agreement and with which the Licensed Software will 
be integrated.

1.4	"Essential Patent" means a patent to the limited extent that infringement of such 
patent cannot be avoided in remaining compliant with the technology standards implicated by 
the usage of any of the Licensed Software, including optional implementation of such 
standards, on technical but not commercial grounds, taking into account normal technical 
practice and the state of the art generally available at the time of standardization. 

1.5	"Intellectual Property Rights" means any and all rights under statute, common law or 
equity in and under copyrights, trade secrets, and patents (including utility models), and 
analogous rights throughout the world,  including any applications for and the right to apply 
for, any of the foregoing. 

1.6	"Licensed Software" means the software and the associated documentation.

1.7	"Agreement" means this document. 


Section 2.	Licenses

2.1	Freescale grants you a world-wide, personal, non-transferable, non-exclusive, license, 
under Freescale's Intellectual Property Rights to use, only as part of, or integrated within, 
Authorized Systems and not on a stand alone basis, the Licensed Software for evaluation and 
demonstration only.

2.2	You may use subcontractors on your premises to exercise your rights under Section 2.1 long as you have an agreement in place with the subcontractor containing confidentiality 
restrictions no less stringent than those contained in this Agreement.  You will remain liable 
for your subcontractors' adherence to the terms of this Agreement and for any and all acts and 
omissions of such subcontractors with respect to this Agreement and the Licensed Software.
 
2.3	You are solely responsible for obtaining any necessary third party approvals and any 
licenses for any necessary Essential Patents for their use in connection with technology that 
you incorporate into the your Authorized System (whether as part of the Licensed Software or 
not).  

2.4	The Licensed Software is licensed to you, not sold.  Title to Licensed Software 
delivered hereunder remains vested in Freescale or Freescale's licensor and cannot be 
assigned or transferred.  You are expressly forbidden from selling or otherwise distributing 
the Licensed Software, or any portion thereof, except as expressly permitted herein.  This 
Agreement does not grant to you any implied rights under any Freescale or third party 
intellectual property.

2.5	You may not translate, reverse engineer, decompile, or disassemble the Licensed 
Software except to the extent applicable law specifically prohibits such restriction.  You must 
prohibit your sub-licensees from translating, reverse engineering, decompiling, or 
disassembling the Licensed Software except to the extent applicable law specifically 
prohibits such restriction.

2.6	You must reproduce any and all of Freescale's (or its third party licensor's) copyright 
notices and other proprietary legends on copies of Licensed Software.  

2.7	If you distribute the Licensed Software to the United States Government, then the 
Licensed Software is "restricted computer software" and is subject to FAR 52.227-19 (c)(1) 
and (c)(2).   

2.8	You grant to Freescale a non-exclusive, non-transferable, irrevocable, perpetual, 
worldwide, royalty-free, sub-licensable license under your Intellectual Property Rights to use 
without restriction and for any purpose any suggestion, comment or other feedback related to 
the Licensed Software (including, but not limited to, error corrections and bug fixes).

2.9	You will not take or fail to take any action that could subject the Licensed Software to 
an Excluded License.  An Excluded License means any license that requires as a condition of 
use, modification and/or distribution of software subject to the Excluded License, that such 
software or other software combined and/or distributed with such software be (A) disclosed 
or distributed in source code form; (B) licensed for the purpose of making derivative works; 
or (C) redistributable at no charge.  

2.10	The Licensed Software includes software owned by the Microsoft Corporation 
("Microsoft") and is subject to the terms of your license with Microsoft (the "Microsoft 
Underlying Software").  Microsoft does not provide support services for the components 
provide to you through this Agreement.  If you have any questions or require technical 
assistance, please contact Freescale.  Microsoft Corporation is a third party beneficiary to this 
Agreement with the right to enforce the terms of this Agreement.  TO THE MAXIMUM 
EXTENT PERMITTED BY LAW, MICROSOFT AND ITS AFFILIATES DISCLAIM ANY 
WARRANTIES FOR THE MICROSOFT UNDERLYING SOFTWARE.  TO THE 
MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MICROSOFT NOR ITS 
AFFILIATES WILL BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, 
FOR ANY DIRECT, 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, ARISING FROM THE FROM THE USE OF THE 
MICROSOFT UNDERLYING SOFTWARE.  


Section 3.	Intellectual Property Rights

3.1	Subject to Freescale's ownership interest in the underlying Licensed Software, all 
intellectual property rights associated with, and title to, your Authorized System will be 
retained by or will vest in you.   

3.2	Your modifications to the Licensed Software, and all intellectual property rights 
associated with, and title thereto, will be the property of Freescale.  You agree to assign all, 
and hereby do assign all rights, title, and interest to any such modifications to the Licensed 
Software to Freescale and agree to provide all assistance reasonably requested by Freescale to 
establish, preserve or enforce such right.  Further, you agree to waive all moral rights relating 
to your modifications to the Licensed Software, including, without limitation, any and all 
rights of identification of authorship and any and all rights of approval, restriction, or 
limitation on use or subsequent modification.  Notwithstanding the foregoing, you will have 
the license rights granted in Section 2 hereto to any such modifications made by you or your 
licensor's.


Section 4.	Patent Covenant not to Sue 

4.1	As partial, material consideration for the rights granted to you under this Agreement, 
you covenant not to sue or otherwise assert your Patents against Freescale, a Freescale 
Affiliate or subsidiary, or a Freescale licensee of the Licensed Software for infringement of 
your Intellectual Property Rights by the manufacture, use, sale, offer for sale, importation or 
other disposition or promotion of the Licensed Software and/or any redistributed portions 
thereof.


Section 5.	Term and Termination

5.1	This Agreement will remain in effect for six months from the date of your acceptance 
of this Agreement.

5.2	You may terminate this Agreement immediately upon written notice to Freescale at 
the address provided below.

5.3	Either party may terminate this Agreement if the other party is in default of any of the 
terms and conditions of this Agreement, and termination is effective if the defaulting party 
fails to correct such default within 30 days after written notice thereof by the non-defaulting 
party to the defaulting party at the address below.

5.4	Notwithstanding the foregoing, Freescale may terminate this Agreement immediately 
upon written notice if you:
(a)	breach any of your confidentiality obligations or the license restrictions under 
this Agreement;   
(b)	become bankrupt or insolvent, or file a petition therefore;
(c)	make an assignment for the benefit of its creditors; 
(d)	enter proceedings for winding up or dissolution; 
(e)	are dissolved; or
(f)	are nationalized or is subject to the expropriation of all or substantially all of 
its business or assets.

5.5	Upon termination of this Agreement, all licenses granted under Section 2 will expire.

5.6	After termination of this Agreement by either party and upon Freescale's written 
request, you will, at your discretion, return to the Freescale any confidential information 
including any and all copies thereof or furnish to Freescale at the address below, a statement 
certifying, with respect to the Licensed Software delivered hereunder that the original and all 
copies, except for archival copies to be used solely for dispute resolution purposes, in whole 
or in part, in any form, of the Licensed Software have been destroyed.

5.7	Notwithstanding the termination of this Agreement for any reason, the terms of 
Sections 1, 2.2 - 2.10, 3, 4, 5.6, 5.7, 7 and 8 will survive.


Section 6.	Warranty 

THE LICENSED SOFTWARE IS PROVIDED "AS-IS" AND FREESCALE MAKES NO 
REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR 
A PARTICULAR PURPOSE, OR THAT THE USE OF THE LICENSED SOFTWARE OR 
ANY INFORMATION RELATING THERETO OR CONTAINED THEREIN WILL NOT 
INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK OF ANY 
THIRD PERSON.  


Section 7.	Indemnification

7.1	You will defend, indemnify and hold harmless Freescale from any and all damages 
claims, liabilities, and costs (including reasonable attorney's fees) related to your (including 
contractor's and licensee's) use of the Licensed Software and/or (2) your (including 
contractor's and licensee's) violation of the terms and conditions of this Agreement.  You are 
excused from this obligation to the extent any such claim arises solely from the Licensed 
Software as provided by Freescale.


Section 8.	General Provisions

8.1	Amendments and Waivers.	  No amendment of any provision of this Agreement 
will be valid unless stated in writing and signed by authorized representatives of each of the 
parties.  No waiver by any party of any default, misrepresentation or covenant herein, whether 
intentional or not, will be deemed to extend any prior or subsequent default, 
misrepresentation, or covenant hereunder or affect in any way any rights arising by virtue of 
any prior or subsequent occurrence.

8.2	Choice of Law.	This Agreement will be governed by, construed, and enforced 
in accordance with the laws of the State of Texas.

8.3	Confidential Information.  You will treat the Licensed Software as confidential 
information and you agree to retain the Licensed Software in confidence perpetually for with 
respect to Licensed Software in source code form (human readable), or for a period of five (5) 
years from the date of termination of this Agreement, with respect to all other parts of the 
Licensed Software.  During this period you may not disclose the any part of the Licensed 
Software to others than employees or contractors who have a need to know of the Licensed 
Software and who have executed written agreements obligating them to protect such 
Licensed Software.  You agree to use the same degree of care, but no less than a reasonable 
degree of care, with the Licensed Software as you do with your own confidential information. 
You may disclose Licensed Software to the extent required by a court or under operation of 
law or order provided that you notify Freescale of such requirement prior to disclosure, that 
you only disclose information required, and that the you allow Freescale the opportunity to 
object to such court or other legal body requiring such disclosure.

8.4	Counterparts.	This Agreement may be executed in one or more original counterparts, 
all of which together will constitute one agreement, and facsimile signatures will have the 
same effect as original signatures. 

8.5	Entire Agreement.	This Agreement, including its attachments, constitutes the 
entire agreement between the parties regarding the subject matter hereof, and supersedes all 
prior communications, negotiations, understandings, agreements or representations, either 
written or oral, by or among the parties regarding such subject matter.

8.6	Limitation of Liability.	EXCLUDING LIABILITY FOR A BREACH OF 
SECTION 8.3 (CONFIDENTIALITY), BREACHES OF THE LICENSE GRANTS IN 
SECTION 2, OR CLAIMS UNDER SECTION 7,  IN NO EVENT WILL EITHER PARTY 
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 MAY BE DISCLAIMED BY LAW.  
FREESCALE'S TOTAL LIABILITY FOR ANY AND ALL COSTS, DAMAGES, 
CLAIMS, OR LOSSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH 
THIS AGREEMENT OR PRODUCT(S) SUPPLIED UNDER THIS AGREEMENT IS 
LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU TO FREESCALE IN 
CONNECTION WITH THE LICENSED SOFTWARE TO WHICH LOSSES OR 
DAMAGES ARE CLAIMED.

8.7	Notices.	All notices and  communications under this Agreement will be made in 
writing, and will be effective when received at the following addresses: 
　　　Freescale:		Freescale Semiconductor, Inc.
　　　			6501 William Cannon Drive, West
　　　			Austin, Texas 78735
　　　			ATTN:  General Manager, Multimedia Applications Division
　　　
　　　With a copy to:	Freescale Semiconductor, Inc.
　　　			7700 West Parmer Lane PLO2	
　　　			Austin, Texas 78729
　　　			ATTN: Law Director, Multimedia Applications Division
　　　
　　　You: 	The address provided at registration will be used.
　　　

Either party may change its notice information upon notice to the other party.  

8.8	Relationship of the Parties.	The parties are independent contractors.  Nothing in this 
Agreement will be construed to create any partnership, joint venture, or similar relationship.  
Neither party is authorized to bind the other to any obligations with third parties.

8.9	Severability.  If any provision of this Agreement is held for any reason to be invalid or 
unenforceable 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 a party 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 parties' intention underlying the invalid or 
unenforceable provision. 

8.10	Succession and Assignment.	This Agreement will be binding upon and inure to the 
benefit of the parties and their permitted successors and assigns.  Neither party may assign 
this Agreement, or any part of this Agreement, without the prior written approval of the other 
party, which approval will not be unreasonably withheld or delayed.

8.11	Unauthorized Use.  The Licensed Software is not intended or authorized for use in 
anti-personnel landmines, and you agree that it will not be used for this purpose. Upon 
request from Freescale, you will furnish a written certification that you do not use or permit 
the use of the Licensed Software in anti-personnel landmines.  The Licensed Software is not 
intended or authorized for use in products surgically implanted into the body, for life support 
or for other products in which a product failure could cause personal injury or death.  If you 
permit the uses of Licensed Software for these unintended or unauthorized uses, you will 
fully indemnify, defend, and hold harmless Freescale, its Affiliates, subsidiaries, officers and 
directors, employees, and distributors from all liability related to such use, including 
attorneys' fees and costs. 

8.12	Export.	  If, at the time or times of Freescale's performance hereunder, an export 
license is required for Freescale to lawfully export Licensed Software, then the issuance of 
the appropriate licenses to Freescale or its subcontractor shall constitute a condition 
precedent to Freescale's obligations hereunder. You understands and agrees that you will not 
by any means or method, export, re-export, resell, ship or divert or cause to be exported, re-
exported, resold, shipped, or diverted, directly or indirectly, the Licensed Software, or any 
Freescale product or technology except as permitted by and in accordance with the laws and 
regulations of the United States and, if different than the United States, the country from 
which the export or re-export originates. 

8.13	International Sale of Goods.  The United Nations Convention on Contracts for the 
International Sale of Goods will not apply to this document. 

8.14	Audit.  You will maintain accurate and up-to-date records pertaining to this 
Agreement and will grant Freescale or its authorized agent access to and copies of such 
records and information as requested by Freescale that pertain to your obligations under this 
Agreement.  Such access will be granted upon reasonable advance written notice, and be 
conducted during normal business hours with minimal impact to your business operations, 
and subject to confidentiality restrictions.  You will maintain such records for a period of at 
least three (3) years from the date of termination of this Agreement.  You must make prompt 
adjustment to compensate for any errors and/or omissions disclosed by such examination or 
audit.

