EULA 12 KB

123456789101112131415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960616263646566676869707172737475767778798081828384858687888990919293949596979899100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206207208209210211
  1. CYPRESS (AN INFINEON COMPANY) END USER LICENSE AGREEMENT
  2. PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE
  3. DOWNLOADING, INSTALLING, COPYING, OR USING THIS SOFTWARE AND ACCOMPANYING
  4. DOCUMENTATION. BY DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE,
  5. YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
  6. OF THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE.
  7. IF YOU HAVE PURCHASED THIS LICENSE TO THE SOFTWARE, YOUR RIGHT TO RETURN THE
  8. SOFTWARE EXPIRES 30 DAYS AFTER YOUR PURCHASE AND APPLIES ONLY TO THE ORIGINAL
  9. PURCHASER.
  10. 1. Definitions.
  11. "Software" means this software and any accompanying documentation,
  12. including any upgrades, updates, bug fixes or modified versions provided
  13. to you by Cypress.
  14. "Source Code" means software in human-readable form.
  15. "Binary Code" means the software in binary code form such as object code or
  16. an executable.
  17. "Development Tools" means software that is intended to be installed on a
  18. personal computer and used to create programming code for Firmware,
  19. Drivers, or Host Applications. Examples of Development Tools are
  20. Cypress's PSoC Creator software, Cypress's AIROC SDKs, and Cypress's
  21. ModusToolbox software.
  22. "Firmware" means software that executes on a Cypress hardware product.
  23. "Driver" means software that enables the use of a Cypress hardware product
  24. on a particular host operating system such as GNU/Linux, Windows, MacOS,
  25. Android, and iOS.
  26. "Host Application" means software that executes on a device other than a
  27. Cypress hardware product in order to program, control, or communicate
  28. with a Cypress hardware product.
  29. "inf File" means a hardware setup information file (.inf file) created by
  30. the Software to allow a Microsoft Windows operating system to install
  31. the driver for a Cypress hardware product.
  32. 2. License. Subject to the terms and conditions of this Agreement, Cypress
  33. Semiconductor Corporation ("Cypress") and its suppliers grant to you a
  34. non-exclusive, non-transferable license under their copyright rights:
  35. a. to use the Development Tools in object code form solely for the purpose
  36. of creating Firmware, Drivers, Host Applications, and inf Files for
  37. Cypress hardware products; and
  38. b. (i) if provided in Source Code form, to copy, modify, and compile the
  39. Firmware Source Code to create Firmware for execution on a Cypress
  40. hardware product, and
  41. (ii) to distribute Firmware in binary code form only, only when
  42. installed onto a Cypress hardware product; and
  43. c. (i) if provided in Source Code form, to copy, modify, and compile the
  44. Driver Source Code to create one or more Drivers to enable the use
  45. of a Cypress hardware product on a particular host operating
  46. system, and
  47. (ii) to distribute the Driver, in binary code form only, only when
  48. installed on a device that includes the Cypress hardware product
  49. that the Driver is intended to enable; and
  50. d. (i) if provided in Source Code form, to copy, modify, and compile the
  51. Host Application Source Code to create one or more Host
  52. Applications to program, control, or communicate with a Cypress
  53. hardware product, and
  54. (ii) to distribute Host Applications, in binary code form only, only
  55. when installed on a device that includes a Cypress hardware product
  56. that the Host Application is intended to program, control, or
  57. communicate with; and
  58. e. to freely distribute any inf File.
  59. Any distribution of Software permitted under this Agreement must be made
  60. pursuant to your standard end user license agreement used for your proprietary
  61. (closed source) software products, such end user license agreement to include,
  62. at a minimum, provisions limiting your licensors' liability and prohibiting
  63. reverse engineering of the Software, consistent with such provisions in this
  64. Agreement.
  65. 3. Free and Open Source Software. Portions of the Software may be licensed
  66. under free and/or open source licenses such as the GNU General Public License
  67. or other licenses from third parties ("Third Party Software"). Third Party
  68. Software is subject to the applicable license agreement and not this
  69. Agreement. If you are entitled to receive the source code from Cypress for
  70. any Third Party Software included with the Software, either the source code
  71. will be included with the Software or you may obtain the source code at no
  72. charge from
  73. <https://www.infineon.com/cms/en/design-support/software/free-and-open-source-software-foss/>.
  74. The applicable license terms will accompany each source code package. To
  75. review the license terms applicable to any Third Party Software for which
  76. Cypress is not required to provide you with source code, please see the
  77. Software's installation directory on your computer.
  78. 4. Proprietary Rights; Ownership. The Software, including all intellectual
  79. property rights therein, is and will remain the sole and exclusive property of
  80. Cypress or its suppliers. Cypress retains ownership of the Source Code and
  81. any compiled version thereof. Subject to Cypress' ownership of the underlying
  82. Software (including Source Code), you retain ownership of any modifications
  83. you make to the Source Code. You agree not to remove any Cypress copyright or
  84. other notices from the Source Code and any modifications thereof. You agree
  85. to keep the Source Code confidential. Any reproduction, modification,
  86. translation, compilation, or representation of the Source Code except as
  87. permitted in Section 2 ("License") is prohibited without the express written
  88. permission of Cypress. Except as otherwise expressly provided in this
  89. Agreement, you may not:
  90. (i) modify, adapt, or create derivative works based upon the Software;
  91. (ii) copy the Software;
  92. (iii) except and only to the extent explicitly permitted by applicable
  93. law despite this limitation, decompile, translate, reverse engineer,
  94. disassemble or otherwise reduce the Software to human-readable form;
  95. or
  96. (iv) use the Software or any sample code other than for the Purpose.
  97. You hereby covenant that you will not assert any claim that the Software, or
  98. derivative works thereof created by or for Cypress, infringe any intellectual
  99. property right owned or controlled by you
  100. 5. No Support. Cypress may, but is not required to, provide technical support
  101. for the Software.
  102. 6. Term and Termination. This Agreement is effective until terminated, and
  103. either party may terminate this Agreement at any time with or without cause.
  104. This Agreement and your license rights under this Agreement will terminate
  105. immediately without notice from Cypress if you fail to comply with any
  106. provision of this Agreement. Upon termination, you must destroy all copies of
  107. Software in your possession or control. The following paragraphs shall
  108. survive any termination of this Agreement: "Free and Open Source Software,"
  109. "Proprietary Rights; Ownership," "Compliance With Law," "Disclaimer,"
  110. "Limitation of Liability," and "General."
  111. 7. Compliance With Law. Each party agrees to comply with all applicable laws,
  112. rules and regulations in connection with its activities under this Agreement.
  113. Without limiting the foregoing, the Software may be subject to export control
  114. laws and regulations of the United States and other countries. You agree to
  115. comply strictly with all such laws and regulations and acknowledge that you
  116. have the responsibility to obtain licenses to export, re-export, or import the
  117. Software.
  118. 8. Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYPRESS
  119. MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE
  120. SOFTWARE, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED
  121. WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cypress
  122. reserves the right to make changes to the Software without notice. Cypress
  123. does not assume any liability arising out of the application or use of
  124. Software or any product or circuit described in the Software. It is the
  125. responsibility of the user of the Software to properly design, program, and
  126. test the functionality and safety of any application made of the Software and
  127. any resulting product. Cypress does not authorize its Software or products
  128. for use in any products where a malfunction or failure of the Software or
  129. Cypress product may reasonably be expected to result in significant property
  130. damage, injury or death ("High Risk Product"). If you include any Software or
  131. Cypress product in a High Risk Product, you assume all risk of such use and
  132. agree to indemnify Cypress and its suppliers against all liability. No
  133. computing device can be absolutely secure. Therefore, despite security
  134. measures implemented in Cypress hardware or software products, Cypress does
  135. not assume any liability arising out of any security breach, such as
  136. unauthorized access to or use of a Cypress product.
  137. 9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
  138. LAW, IN NO EVENT WILL CYPRESS OR ITS SUPPLIERS, RESELLERS, OR DISTRIBUTORS BE
  139. LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT,
  140. CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS
  141. OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR
  142. INABILITY TO USE THE SOFTWARE EVEN IF CYPRESS OR ITS SUPPLIERS, RESELLERS, OR
  143. DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
  144. EVENT SHALL CYPRESS' OR ITS SUPPLIERS', RESELLERS', OR DISTRIBUTORS' TOTAL
  145. LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
  146. OTHERWISE, EXCEED THE GREATER OF US$500 OR THE PRICE PAID BY YOU FOR THE
  147. SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED
  148. WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS
  149. DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES,
  150. ALL OR PORTIONS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  151. 10. Restricted Rights. The Software is commercial computer software as that
  152. term is described in 48 C.F.R. 252.227-7014(a)(1). If the Software is being
  153. acquired by or on behalf of the U.S. Government or by a U.S. Government prime
  154. contractor or subcontractor (at any tier), then the Government's rights in
  155. Software shall be only those set forth in this Agreement.
  156. 11. Personal Information. You agree that information you provide through your
  157. registration on Cypress IoT Community Forum or other Cypress websites,
  158. including contact information or other personal information, may be collected
  159. and used by Cypress consistent with its Data Privacy Policy
  160. (https://www.infineon.com/cms/en/about-infineon/privacy-policy/), as updated
  161. or revised from time to time, and may be provided to its third party sales
  162. representatives, distributors and other entities conducting sales activities
  163. for Cypress for sales-related and other business purposes.
  164. 12. General. This Agreement will bind and inure to the benefit of each
  165. party's successors and assigns, provided that you may not assign or transfer
  166. this Agreement, in whole or in part, without Cypress' written consent. This
  167. Agreement shall be governed by and construed in accordance with the laws of
  168. the State of California, United States of America, as if performed wholly
  169. within the state and without giving effect to the principles of conflict of
  170. law. The parties consent to personal and exclusive jurisdiction of and venue
  171. in, the state and federal courts within Santa Clara County, California;
  172. provided however, that nothing in this Agreement will limit Cypress' right to
  173. bring legal action in any venue in order to protect or enforce its
  174. intellectual property rights. No failure of either party to exercise or
  175. enforce any of its rights under this Agreement will act as a waiver of such
  176. rights. If any portion of this Agreement is found to be void or
  177. unenforceable, the remaining provisions of this Agreement shall remain in full
  178. force and effect. This Agreement is the complete and exclusive agreement
  179. between the parties with respect to the subject matter hereof, superseding and
  180. replacing any and all prior agreements, communications, and understandings
  181. (both written and oral) regarding such subject matter. Any notice to Cypress
  182. will be deemed effective when actually received and must be sent to Cypress
  183. Semiconductor Corporation, ATTN: Chief Legal Officer, 198 Champion Court, San
  184. Jose, CA 95134 USA.