1LES-PRE-20769 2SP-Version: 1.0 325 November 2015 4 5END USER LICENCE AGREEMENT FOR THE MALI USERSPACE DRIVER ("Mali DRIVER") 6 7THIS END USER LICENCE AGREEMENT ("LICENCE") IS A LEGAL AGREEMENT 8BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND 9ARM LIMITED ("ARM") FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS 10LICENCE. ARM IS ONLY WILLING TO LICENSE THE SOFTWARE TO YOU ON 11CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY 12INSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU INDICATE 13THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS LICENCE. IF YOU 14DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE 15THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE, 16AND YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO YOUR SUPPLIER. 17 18"Applications" means applications for use solely in conjunction with 19Mali-based products manufactured under licence from ARM. 20 21"Output" means data resulting from your use of the Software and all 22direct and indirect derivatives thereof. 23 24"Software" means any software, firmware and data accompanying this 25Licence, any printed, electronic or online documentation supplied with 26it under the terms of this Licence for the Mali Driver. 27 281. LICENCE GRANTS TO YOU. 29 301.1 ARM hereby grants to you, subject to the terms and conditions of 31this Licence, a non-exclusive, non-transferable, revocable, worldwide 32licence to: 33 34(i) use and copy the Software or certain components or optional 35 functionality in the Software, as applicable, solely for the 36 purposes of running, designing or developing Applications; and 37 38(ii) subject to Clause 1.2, distribute the whole of the Software; 39 and/or (b) the whole or any part of the Software together 40 with, or as incorporated into, Applications; and 41 421.2 If you choose to redistribute the whole or any part of the 43Software pursuant to the licences granted in Clause 1.1(ii), you 44agree: (i) not to use ARM's or any of its licensors names, logos or 45trademarks to market Applications; (ii) to retain any and all 46copyright notices and other notices (whether ARM's or its licensor's) 47which are included with the Software; and (iii) include a copy of this 48Licence with such redistribution. 49 502. RESTRICTIONS ON USE OF THE SOFTWARE. 51 52BENCHMARKING: This Licence does not prevent you from using the 53Software for benchmarking purposes. However, you shall ensure that any 54and all benchmarking data relating to the Software, and any other 55results of your use or testing of the Software which are indicative of 56its performance, efficacy, reliability or quality, shall not be used 57to disparage ARM, its products or services, or in a manner that, in 58ARM's reasonable judgment, may diminish or otherwise damage the 59reputation of ARM. 60 61COPYRIGHT AND RESERVATION OF RIGHTS: The Software is owned by ARM or 62its licensors and is protected by copyright and other intellectual 63property laws and international treaties. The Software is licensed not 64sold. You acquire no rights to the Software other than as expressly 65provided by this Licence. You shall not remove from the Software any 66copyright notice or other notice and shall ensure that any such notice 67is reproduced in any copies of the whole or any part of the Software 68made by you or other permitted users. 69 70REVERSE ENGINEERING: Except to the extent that such activity is 71permitted by applicable law you shall not reverse engineer, decompile 72or disassemble any of the Software. If the Software was provided to 73you in Europe you shall not reverse engineer, decompile or disassemble 74any of the Software for the purposes of error correction. 75 76RESTRICTED USE: You agree that you shall not use the Software or the 77Output other than pursuant to and in accordance with the exercise of 78any of the licences granted under this Licence. Without limiting the 79generality of the foregoing, you shall not use the Software or any 80Output: (a) for determining if any features, functions or processes 81provided by the Software are covered by any patents or patent 82applications owned by you or a third party; or (b) for developing 83technology, applications or products which avoid any of ARM's 84intellectual property in the Software licensed hereunder; or (c) as a 85reference for modifying existing patents or patent applications or 86creating any continuation, continuation in part, or extension of 87existing patents or patent applications. 88 893. SUPPORT. 90 91ARM is not under an obligation to provide support, but it may do so at 92its own discretion, and if it does, it will only be in respect of the 93Software as delivered. 94 954. NO WARRANTIES. 96 97YOU AGREE THAT THE SOFTWARE IS LICENSED "AS IS", AND THAT ARM 98EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR 99OTHER TERMS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT 100LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY 101QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. 102 103YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION 104OF APPLICATIONS, INCLUDING WITHOUT LIMITATION, APPLICATIONS DESIGNED 105OR INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS, 106WEAPONRY, AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULD 107THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL 108NECESSARY SERVICING, REPAIR OR CORRECTION. 109 1105. LIMITATION OF LIABILITY. 111 112TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 113ARM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL 114DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR 115INABILITY TO USE THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT, 116TORT OR OTHER LEGAL THEORY, EVEN IF ARM WAS ADVISED OF THE POSSIBILITY 117OF SUCH DAMAGES. 118 119ARM does not seek to limit or exclude liability for death or personal 120injury arising from ARM's negligence or ARM's fraud and because some 121jurisdictions do not permit the exclusion or limitation of liability 122for consequential or incidental damages the above limitation relating 123to liability for consequential damages may not apply to you. 124 125NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE, 126THE MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE 127AGAINST ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH 128THE SUBJECT MATTER OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF: 129(I) THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE; 130AND (II) $10.00 USD. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT 131ENLARGE OR EXTEND THE LIMIT. 132 1336. U.S. GOVERNMENT END USERS. 134 135US Government Restrictions: Use, duplication, reproduction, release, 136modification, disclosure or transfer of the Software is restricted in 137accordance with the terms of this Licence. 138 1397. TERM AND TERMINATION. 140 141This Licence shall remain in force until terminated by you or by ARM. 142Without prejudice to any of its other rights if you are in breach of 143any of the terms and conditions of this Licence then ARM may terminate 144this Licence immediately upon giving written notice to you or on 145thirty (30) days written notice without cause. You may terminate this 146Licence at any time. Upon termination of this Licence by you or by ARM 147, you shall stop using the Software and destroy all copies of the 148Software in your possession, together with all documentation and 149related materials. The provisions of clauses 2, 3, 4, 5, 6, 7, and 8 150shall survive termination of this Licence. 151 1528. GENERAL. 153 154This Licence is governed by English Law. Except where ARM agrees 155otherwise in: (i) a written contract signed by you and ARM; or (ii) a 156written contract provided by ARM and accepted by you, this is the only 157agreement between you and ARM relating to the Software and it may only 158be modified by written agreement between you and ARM. Except as 159expressly agreed in writing, this Licence may not be modified by 160purchase orders, advertising or other representation by any person. If 161any clause or sentence in this Licence is held by a court of law to be 162illegal or unenforceable the remaining provisions of this Licence 163shall not be affected thereby. The failure by ARM to enforce any of 164the provisions of this Licence, unless waived in writing, shall not 165constitute a waiver of ARM's rights to enforce such provision or any 166other provision of this Licence in the future. 167 168At ARM's request, you agree to check your computers for installations 169of the Software and any other information requested by ARM relating to 170Software installation and to provide this information to ARM. You 171agree that auditors nominated by ARM may also perform such checking 172and reporting on behalf of ARM by prior appointment during your normal 173business hours on seven (7) days' notice. ARM shall bear the auditors' 174costs for that audit unless it reveals unlicensed usage in which case 175you shall promptly reimburse ARM for all reasonable costs and 176expenses, including professional fees, relating to such audit. Any 177information which is disclosed to ARM or such auditors during checking 178or audit shall be treated as your confidential information and shall 179only be used by ARM for licence management, compliance and enforcement 180purposes. 181 182The Software provided under this Agreement is subject to U.K., 183European Union, and U.S. export control laws and regulations, 184including the U.S. Export Administration Act and its associated 185regulations (hereafter collectively referred to as "Export 186Regulations"). LICENSEE agrees to comply fully with all such Export 187Regulations and LICENSEE agrees that it shall not, either directly or 188indirectly, export in breach of the Export Regulations, any Software 189received under this Agreement, nor any direct products thereof; (i) to 190any country, company or person subject to export restrictions or 191sanctions under the Export Regulations; or (ii) for any prohibited end 192use, which at the time of export requires an export license or other 193governmental approval, without first obtaining such license or 194approval. 195