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LICENSE.txt
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LICENSE.txt
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CYPRESS END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE
DOWNLOADING, INSTALLING, COPYING, OR USING THIS SOFTWARE AND ACCOMPANYING
DOCUMENTATION. BY DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE, YOU
ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE
TERMS OF THIS AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE. IF YOU
HAVE PURCHASED THIS LICENSE TO THE SOFTWARE, YOUR RIGHT TO RETURN THE SOFTWARE
EXPIRES 30 DAYS AFTER YOUR PURCHASE AND APPLIES ONLY TO THE ORIGINAL PURCHASER.
1. Definitions.
"Software" means this software and any accompanying documentation, including any
upgrades, updates, bug fixes or modified versions provided to you by Cypress.
"Source Code" means software in human-readable form.
"Binary Code" means the software in binary code form such as object code or an
executable.
"Development Tools" means software that is intended to be installed on a
personal computer and used to create programming code for Firmware, Drivers, or
Host Applications. Examples of Development Tools are Cypress's PSoC Creator
software, Cypress's WICED SDKs, and Cypress's Modus Toolbox software.
"Firmware" means software that executes on a Cypress hardware product.
"Driver" means software that enables the use of a Cypress hardware product on a
particular host operating system such as GNU/Linux, Windows, MacOS, Android, and
iOS.
"Host Application" means software that executes on a device other than a Cypress
hardware product in order to program, control, or communicate with a Cypress
hardware product.
"inf File" means a hardware setup information file (.inf file) created by the
Software to allow a Microsoft Windows operating system to install the driver for
a Cypress hardware product.
2. License. Subject to the terms and conditions of this Agreement, Cypress
Semiconductor Corporation ("Cypress") and its suppliers grant to you a
non-exclusive, non-transferable license under their copyright rights:
a. to use the Development Tools in object code form solely for the purpose of
creating Firmware, Drivers, Host Applications, and inf Files for Cypress
hardware products; and
b. (i) if provided in Source Code form, to copy, modify, and compile the
Firmware Source Code to create Firmware for execution on a Cypress hardware
product, and (ii) to distribute Firmware in binary code form only, only when
installed onto a Cypress hardware product; and
c. (i) if provided in Source Code form, to copy, modify, and compile the Driver
Source Code to create one or more Drivers to enable the use of a Cypress
hardware product on a particular host operating system, and (ii) to distribute
the Driver, in binary code form only, only when installed on a device that
includes the Cypress hardware product that the Driver is intended to enable; and
d. (i) if provided in Source Code form, to copy, modify, and compile the Host
Application Source Code to create one or more Host Applications to program,
control, or communicate with a Cypress hardware product, and (ii) to distribute
Host Applications, in binary code form only, only when installed on a device
that includes a Cypress hardware product that the Host Application is intended
to program, control, or communicate with; and
e. to freely distribute any inf File.
Any distribution of Software permitted under this Agreement must be made
pursuant to your standard end user license agreement used for your proprietary
(closed source) software products, such end user license agreement to include,
at a minimum, provisions limiting your licensors' liability and prohibiting
reverse engineering of the Software, consistent with such provisions in this
Agreement.
3. Free and Open Source Software. Portions of the Software may be licensed under
free and/or open source licenses such as the GNU General Public License or other
licenses from third parties ("Third Party Software"). Third Party Software is
subject to the applicable license agreement and not this Agreement. If you are
entitled to receive the source code from Cypress for any Third Party Software
included with the Software, either the source code will be included with the
Software or you may obtain the source code at no charge from
\<http://www.cypress.com/go/opensource\>. The applicable license terms will
accompany each source code package. To review the license terms applicable to
any Third Party Software for which Cypress is not required to provide you with
source code, please see the Software's installation directory on your computer.
4. Proprietary Rights; Ownership. The Software, including all intellectual
property rights therein, is and will remain the sole and exclusive property of
Cypress or its suppliers. Cypress retains ownership of the Source Code and any
compiled version thereof. Subject to Cypress' ownership of the underlying
Software (including Source Code), you retain ownership of any modifications you
make to the Source Code. You agree not to remove any Cypress copyright or other
notices from the Source Code and any modifications thereof. You agree to keep
the Source Code confidential. Any reproduction, modification, translation,
compilation, or representation of the Source Code except as permitted in Section
2 ("License") is prohibited without the express written permission of Cypress.
Except as otherwise expressly provided in this Agreement, you may not: (i)
modify, adapt, or create derivative works based upon the Software; (ii) copy the
Software; (iii) except and only to the extent explicitly permitted by applicable
law despite this limitation, decompile, translate, reverse engineer, disassemble
or otherwise reduce the Software to human-readable form; or (iv) use the
Software or any sample code other than for the Purpose. You hereby covenant that
you will not assert any claim that the Software, or derivative works thereof
created by or for Cypress, infringe any intellectual property right owned or
controlled by you
5. No Support. Cypress may, but is not required to, provide technical support
for the Software.
6. Term and Termination. This Agreement is effective until terminated, and
either party may terminate this Agreement at any time with or without cause.
This Agreement and your license rights under this Agreement will terminate
immediately without notice from Cypress if you fail to comply with any provision
of this Agreement. Upon termination, you must destroy all copies of Software in
your possession or control. The following paragraphs shall survive any
termination of this Agreement: "Free and Open Source Software," "Proprietary
Rights; Ownership," "Compliance With Law," "Disclaimer," "Limitation of
Liability," and "General."
7. Compliance With Law. Each party agrees to comply with all applicable laws,
rules and regulations in connection with its activities under this Agreement.
Without limiting the foregoing, the Software may be subject to export control
laws and regulations of the United States and other countries. You agree to
comply strictly with all such laws and regulations and acknowledge that you have
the responsibility to obtain licenses to export, re-export, or import the
Software.
8. Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYPRESS MAKES
NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE,
INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cypress reserves the right
to make changes to the Software without notice. Cypress does not assume any
liability arising out of the application or use of Software or any product or
circuit described in the Software. It is the responsibility of the user of the
Software to properly design, program, and test the functionality and safety of
any application made of the Software and any resulting product. Cypress does not
authorize its Software or products for use in any products where a malfunction
or failure of the Software or Cypress product may reasonably be expected to
result in significant property damage, injury or death (“High Risk Product”). If
you include any Software or Cypress product in a High Risk Product, you assume
all risk of such use and agree to indemnify Cypress and its suppliers against
all liability. No computing device can be absolutely secure. Therefore, despite
security measures implemented in Cypress hardware or software products, Cypress
does not assume any liability arising out of any security breach, such as
unauthorized access to or use of a Cypress product.
9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT WILL CYPRESS OR ITS SUPPLIERS, RESELLERS, OR DISTRIBUTORS BE LIABLE
FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF
LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE
SOFTWARE EVEN IF CYPRESS OR ITS SUPPLIERS, RESELLERS, OR DISTRIBUTORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CYPRESS' OR ITS
SUPPLIERS’, RESELLERS’, OR DISTRIBUTORS’ TOTAL LIABILITY TO YOU, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF
US\$500 OR THE PRICE PAID BY YOU FOR THE SOFTWARE. THE FOREGOING LIMITATIONS
SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR PORTIONS OF THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
10. Restricted Rights. The Software is commercial computer software as that term
is described in 48 C.F.R. 252.227-7014(a)(1). If the Software is being acquired
by or on behalf of the U.S. Government or by a U.S. Government prime contractor
or subcontractor (at any tier), then the Government's rights in Software shall
be only those set forth in this Agreement.
11. Personal Information. You agree that information you provide through your
registration on Cypress IoT Community Forum or other Cypress websites, including
contact information or other personal information, may be collected and used by
Cypress consistent with its Data Privacy Policy
(www.cypress.com/privacy-policy), as updated or revised from time to time, and
may be provided to its third party sales representatives, distributors and other
entities conducting sales activities for Cypress for sales-related and other
business purposes.
12. General. This Agreement will bind and inure to the benefit of each party’s
successors and assigns, provided that you may not assign or transfer this
Agreement, in whole or in part, without Cypress' written consent. This Agreement
shall be governed by and construed in accordance with the laws of the State of
California, United States of America, as if performed wholly within the state
and without giving effect to the principles of conflict of law. The parties
consent to personal and exclusive jurisdiction of and venue in, the state and
federal courts within Santa Clara County, California; provided however, that
nothing in this Agreement will limit Cypress' right to bring legal action in any
venue in order to protect or enforce its intellectual property rights. No
failure of either party to exercise or enforce any of its rights under this
Agreement will act as a waiver of such rights. If any portion of this Agreement
is found to be void or unenforceable, the remaining provisions of this Agreement
shall remain in full force and effect. This Agreement is the complete and
exclusive agreement between the parties with respect to the subject matter
hereof, superseding and replacing any and all prior agreements, communications,
and understandings (both written and oral) regarding such subject matter. Any
notice to Cypress will be deemed effective when actually received and must be
sent to Cypress Semiconductor Corporation, ATTN: Chief Legal Officer, 198
Champion Court, San Jose, CA 95134 USA.