<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> <html> <head> <meta http-equiv="content-type" content="text/html; charset=ISO-8859-1"> <title>RVDS 3.1 EULA - LEC-ELA-00069</title> </head> <body> <div align="center"><b> END USER LICENCE AGREEMENT FOR THE ARM REALVIEW DEVELOPMENT SUITE </b><br></div><br> THIS END USER LICENCE AGREEMENT ("<b>LICENCE</b>") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND ARM LIMITED ("<b>ARM</b>") FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS LICENCE. ARM IS ONLY WILLING TO LICENSE THE SOFTWARE TO YOU ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY CLICKING "<b>I AGREE</b>" OR BY INSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE, BUT YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO YOUR SUPPLIER AND ASK FOR A REFUND OF ANY LICENCE FEE PAID. <br><br> "<b>Software</b>" means any software, firmware and data accompanying this Licence, any printed, electronic or online documentation supplied with it, and any updates, patches and modifications ARM may agree to make available to you under the terms of this Licence, in all cases relating to the RealView Development Suite package of software development tools. The package includes; (i) RealView Compilation Tools, including compiler, assembler, linker, libraries and example code; (ii) RealView Debugger; (iii) instruction set level models of ARM microprocessors; (iv) ARM plug-ins for the Eclipse Integrated Development Environment (IDE); and (v) if you have obtained the CodeWarrior version of the Suite, then your package also includes the Metrowerks CodeWarrior IDE. For convenience, your package also includes a version of the Eclipse IDE, and other Separate Files (defined below in Clause 7), but these are licensed under their own terms and not as part of the Software. <br><br> "<b>Seat</b>" means a written or electronic authorisation from ARM to run any Software component as a single task or process on one (1) processing unit (such as a processor core, hardware partition, blade, virtual machine or emulator) only, by itself or concurrently with other Seats, for the time period specified in that authorization. <br><br> "<b>Licence Key</b>" means an electronic licence key issued to you by ARM to enable the use of the Software.<br> <br><br> <b>1. LICENCE GRANTS.</b><br> (i) SOFTWARE: ARM hereby grants to you, subject to the terms and conditions of this Licence, a non-exclusive, non-transferable licence, only for the Seats, to use the Software, solely for the purposes of your internal development, testing and debugging of software applications (referred to in this Licence as "Software Applications"). You shall not modify or redistribute any of the Software except as may be permitted by clauses 1(ii)-1(iv) below. <br><br> (ii) LIBRARIES: In respect of any Language Libraries and Helper Libraries (together "Target Libraries") identified in the Schedule, ARM hereby grants you, provided you comply with the terms of clause 1(iv), additional non-exclusive, non-transferable licences to; (a) incorporate and link the Language Libraries into or with Software Applications, provided that Software Applications contain substantial additional functionality; (b) incorporate and link the Helper Libraries into, or use them in, Software Applications; and (c) reproduce and distribute the Target Libraries, only in object code form, and only as part of Software Applications. <br><br> (iii) EXAMPLE CODE: In respect of any Example Code identified in the Schedule, ARM hereby grants you, provided you comply with the terms of clause 1(iv), additional non-exclusive, non-transferable licences to; (a) use copy and modify the Example Code, only for internal testing, evaluation, and development and testing of Software Applications; (b) incorporate, compile and link the Example Code and any modifications into Software Applications (except for Dhrystone which may only be used for internal testing and evaluation); (c) reproduce and distribute the Example Code identified in the Schedule as "Limited Use", and any modifications, only in object code form (except for Dhrystone which shall not be reproduced except as necessary to exercise the above internal use licence, nor redistributed); and (d) reproduce and distribute the Example Code identified in the Schedule as "Extended Use", and any modifications, in source or object code form and only as part of Software Applications. <br><br> (iv) FURTHER CONDITIONS ON REDISTRIBUTION: If you are authorised and choose to redistribute the whole or any part of the Example Code or Target Libraries, you agree to; (a) ensure that they are licensed for use only as part of Software Applications and only on microprocessors manufactured or simulated under licence from ARM; (b) not use ARM's name, logo or trademarks to market Software Applications; (c) include valid copyright notices on Software Applications, and preserve any copyright notices which are included with, or in, the Example Code and Target Libraries; (d) comply with all the other terms of this Licence; and (e) not permit further redistribution of the Example Code or Target Libraries by your customers except where your distributors redistribute them to your end-user customers only as part of Software Applications and your distributors otherwise comply with the terms of this Licence. <br><br> <b>2. RESTRICTIONS ON USE OF THE SOFTWARE.</b><br> SEATS, INSTALLATION AND LICENCE KEYS: Your use of the Software is limited to the specific number of Seats issued to you by ARM. For each Seat, ARM will make a Licence Key available to you to enable use of the Software, or certain components or optional functionality in the Software, as applicable. You shall only install and use the Software and Licence Keys on computers, or virtual machines running on computers, which are owned by you (or which are in your exclusive possession under an equipment finance arrangement) and which are either; (i) located at your premises; or (ii) portable computers which shall remain in the possession and control of your employees when outside such premises. Each Seat and Licence Key shall be limited or locked to a single item of your personal computer hardware (also known as host ID) on which the Seat or Licence Key is initially installed, except where ARM may separately agree to authorise the transfer (also known as re-hosting) of such Seat or Licence Key to another host ID. <br><br> COPYING: You shall not use or copy the Software or Licence Keys except as expressly authorised in this Licence. You may make one additional copy of the delivered Software media or image for backup or archival purposes. <br><br> UPDATES AND UPGRADES: Upgrades and updates replace the earlier releases of Software that you are upgrading or updating, and are not additional copies. When you upgrade or update the Software, the Licence Key for such new release replaces your existing Licence Key. Therefore, if you are receiving the Software as an update or upgrade, you obtain no rights to, and shall not, install or use this update or upgrade unless you have first ceased all use of, and deleted, your Licence Key for the version of the Software that you are updating or upgrading. <br><br> PERMITTED USERS: The Software and Licence Keys shall be used only by your employees,or by your bona fide sub-contractors for whose acts and omissions you hereby agree to be responsible to ARM to the same extent as those of your employees, and provided always that such sub-contractors; (i) work only onsite at your premises; (ii) are aware of the terms of this Licence; (iii) are contractually obligated to use the same only for your benefit, and (iv) agree to assign all their work product and any rights they create therein in the supply of such work to you. Only the single individual, company or other legal entity to whom ARM is supplying this Licence may use the Software and Licence Keys. You shall not allow third parties (including but not limited to any subsidiary, parent or affiliated companies, or offsite contractors you may have) to use the Software or Licence Keys unless ARM specifically agrees otherwise with you on a case by case basis. <br><br> REMOTE USE: The Software and Licence Keys shall only be used onsite at your premises, except when used offsite by an employee (but not a sub-contractor) of yours, on a portable computer, in accordance with the "SEATS, INSTALLATION AND LICENCE KEYS" paragraph above, as part of his or her normal work activities, and only for your benefit. <br><br> MULTIPLE VERSIONS: The media on which the Software resides may contain more than one version of the Software, each of which is compatible with a different operating system (such as Microsoft Windows XP Professional and Red Hat Linux). Each version may only be installed and used by you to the extent that you have valid Seats and Licence Keys from ARM. <br><br> ACADEMIC OR EDUCATIONAL USE RESTRICTION: If you or your employer or institution paid academic or educational pricing for the Software, or the Software is identified as an academic or educational version (collectively "Academic Software"), then notwithstanding anything else in this Licence, YOU AGREE TO USE THE ACADEMIC SOFTWARE ONLY FOR ACADEMIC, NON-COMMERCIAL PURPOSES, AND ARM DOES NOT GRANT YOU ANY RIGHTS TO DISTRIBUTE OR SUB-LICENCE SOFTWARE APPLICATIONS UNDER THIS LICENCE. <br><br> REVERSE ENGINEERING: Except to the extent that such activity is permitted by applicable law you shall not reverse engineer, decompile or disassemble any of the Software. If the Software was provided to you in Europe you shall not reverse engineer, decompile or disassemble any of the Software for the purposes of error correction. <br><br> BENCHMARKING: This licence does not prevent you from using the Software for internal benchmarking purposes. However, you shall treat any and all benchmarking data relating to the Software, and any other results of your use or testing of the Software which are indicative of its performance, efficacy, reliability or quality, as confidential information and you shall not disclose such information to any third party without the express written permission of ARM. ARM may agree to waive the restrictions in this paragraph if requested in writing. <br><br> RESTRICTIONS ON TRANSFER OF LICENSED RIGHTS: The rights granted to you under this agreement may not be assigned, sublicensed or otherwise transferred by you to any third party without the prior written consent of ARM. You shall not rent or lease the Software, or share it with contractors or third parties. <br><br> COPYRIGHT AND RESERVATION OF RIGHTS: The Software is owned by ARM or its licensors and is protected by copyright and other intellectual property laws and international treaties. The Software is licensed not sold. You acquire no rights to the Software other than as expressly provided by this Licence. You shall not remove from the Software any copyright notice or other notice and shall ensure that any such notice is reproduced in any copies of the whole or any part of the Software made by you. <br><br> <b>3. SUPPORT.</b><br> If you purchased the Software directly from ARM, and you are not receiving it as Academic Software (defined in clause 2), you are entitled to reasonable support for the Software, for the period of one (1) year, commencing from the day of purchase. The support will be provided by telephone, email or other written format designated by ARM, prioritised at ARM's discretion, and may not be used as a substitute for training or as additional resource for your programming projects. If you obtained the Software from an ARM authorised reseller or other third party, or no charge was made by ARM for the Software, update or upgrade, or it is Academic Software, then, except as provided as a remedy to any claim under the limited warranties provided in clause 5, you are not entitled to any support for the Software from ARM under this Licence. The vendor of the Software may or may not offer support to you for the Software. Please refer to the Technical Support area of http://www.arm.com for contact details for ARM's support service and (if applicable) other authorised support channels. <br><br> <b>4. CONFIDENTIALITY.</b><br> You acknowledge that the Software, Licence Keys, and any benchmarking data and related information mentioned in Clause 2 contain trade secrets and confidential material, and you agree to maintain them in confidence and apply security measures no less stringent than the measures which you apply to protect your own like information, but not less than a reasonable degree of care, to prevent their unauthorised disclosure and use. Subject to any restrictions imposed by applicable law, the period of confidentiality shall be indefinite. You agree that you shall not use any such information other than in normal use of the Software under the licences granted in this Licence. <br><br> <b>5. LIMITED WARRANTIES.</b><br> For the period of ninety (90) days from the date of receipt by you of the Software, ARM warrants to you that (i) the media on which the Software is provided shall be free from defects in materials and workmanship under normal use; and (ii) the Software will perform substantially in accordance with its accompanying documentation (if any). ARM's total liability and your exclusive remedy for breach of these limited warranties shall be limited to ARM, at ARM's option; (a) refunding the price paid by you for the Software; or (b) replacing the defective Software; or (c) using reasonable efforts to correct material, documented, reproducible defects in the Software and delivering such corrected Software to you. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is the longer. <br><br> EXCEPT AS MAY BE PROVIDED ABOVE, YOU AGREE THAT THE SOFTWARE IS LICENSED "AS IS", AND THAT ARM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. <br><br> YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF SOFTWARE APPLICATIONS, INCLUDING WITHOUT LIMITATION, APPLICATIONS DESIGNED OR INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS, WEAPONARY, AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. <br><br> <b>6. LIMITATION OF LIABILITY.</b><br> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, EVEN IF ARM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. <br><br> ARM does not seek to limit or exclude liability for death or personal injury arising from ARM's negligence and because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages the above limitation relating to liability for consequential damages may not apply to you. <br><br> NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE, THE MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS LICENCE SHALL NOT EXCEED THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE. <br><br> <b>7. THIRD PARTY RIGHTS.</b><br> The Software is supplied with, and uses, third party software or materials which are governed by their own separate licence agreements (together "Separate Files"). This Licence does not apply to such Separate Files and they are not included in the term "Software" under this Licence. You agree to comply with all terms and conditions imposed on you in respect of such Separate Files including those identified in the Schedule ("Third Party Terms"). Any provisions in this Licence which differ from Third Party Terms are offered by ARM alone and shall not supersede or modify any Third Party Terms. In addition to Third Party Terms, the disclaimer of warranty and limitation of liability provisions in this Licence shall apply to all Software and Separate Files. <br><br> ARM HEREBY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED FROM ANY THIRD PARTIES REGARDING ANY SEPARATE FILES, ANY THIRD PARTY MATERIALS INCLUDED IN THE SOFTWARE, ANY THIRD PARTY MATERIALS FROM WHICH THE SOFTWARE IS DERIVED (COLLECTIVELY "OTHER CODE"), AND THE USE OF ANY OR ALL THE OTHER CODE IN CONNECTION WITH THE SOFTWARE, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. <br><br> NO THIRD PARTY LICENSORS OF OTHER CODE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND WHETHER MADE UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE OTHER CODE OR THE EXERCISE OF ANY RIGHTS GRANTED UNDER EITHER OR BOTH THIS LICENCE AND THE LEGAL TERMS APPLICABLE TO ANY SEPARATE FILES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. <br><br> Distribution of code from the Rogue Wave C++ Language Libraries is permitted only if: (a) you are granted the right to redistribute those Libraries under Clauses 1 and 2 of this Licence; and (b) they do not constitute a major portion of the value of the Software Applications. No right is granted to use those libraries on any computers as are marketed or commonly considered to be mainframe computers in the computer industry. Notwithstanding any provisions in this Licence to the contrary, you shall not: (a) distribute in any manner any of the header files, object modules, template-based classes, or independent static libraries of those libraries or documentation relating thereto; (b) distribute any portion of the same in a software utility product or otherwise in competition with Rogue Wave Software Inc's distribution thereof; nor (c) rent or lease the Software. "Rogue Wave" is a registered trademark of Rogue Wave Software, Inc. <br><br> <b>8. U.S. GOVERNMENT END USERS.</b><br> US Government Restrictions: Use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation is restricted in accordance with the terms of this Licence. <br><br> <b>9. TERM AND TERMINATION.</b><br> This Licence shall remain in force until terminated by you, by ARM or by expiry (in the case of a time limited licence). Without prejudice to any of its other rights if you are in breach of any of the terms and conditions of this Licence then ARM may terminate this Licence immediately upon giving written notice to you. You may terminate this Licence at any time. Upon termination of this Licence by you or by ARM you shall stop using the Software and destroy all copies of the Software in your possession together with all documentation and related materials. The provisions of clauses 4, 6, 7, 8, 9 and 10 shall survive termination of this Licence. <br><br> <b>10. GENERAL.</b><br> This Licence is governed by English Law. Except where ARM agrees otherwise in a written contract signed by you and ARM, this is the only agreement between you and ARM relating to the Software and it may only be modified by written agreement between you and ARM. Except as expressly agreed in writing, this Licence may not be modified by purchase orders, advertising or other representation by any person. If any clause or sentence in this Licence is held by a court of law to be illegal or unenforceable the remaining provisions of this Licence shall not be affected thereby. The failure by ARM to enforce any of the provisions of this Licence, unless waived in writing, shall not constitute a waiver of ARM's rights to enforce such provision or any other provision of this Licence in the future. <br><br> At ARM's request, you agree to check your computers for installations of the Software, copies of Licence Keys, contents of any licence server log files, individual or concurrent usage of Seats, and any other information requested by ARM relating to Software installation, usage and Licence Key management, and to provide this information to ARM. ARM will not make such a request more frequently than once per year, except as necessary where ARM believes, in good faith, that an additional check is needed (for example after re-hosting a Licence Key). You agree that auditors nominated by ARM may also perform such checking and reporting on behalf of ARM by prior appointment during your normal business hours on seven (7) days' notice. ARM shall bear the auditors' costs for that audit unless it reveals unlicensed usage in which case you shall promptly reimburse ARM for all reasonable costs and expenses, including professional fees, relating to such audit. Any information which is disclosed to ARM or such auditors during checking or audit shall be treated as your confidential information and shall only be used by ARM for licence management, compliance and enforcement purposes. <br><br> The Software provided under this Licence is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply fully with all laws and regulations of the United States and other countries ("Export Laws") to assure that the Software, is not (1) exported, directly or indirectly, in violation of Export Laws, either to any countries that are subject to U.S.A. export restrictions or to any end user who has been prohibited from participating in the U.S.A. export transactions by any federal agency of the U.S.A. government; or (2) intended to be used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. <br><br> <div align="center"><b> THE SCHEDULE </b><br></div><b> TARGET LIBRARIES (OBJECT CODE): </b><br> <i>Language Libraries:</i> C Libraries; C++ runtime support library; Rogue Wave C++ Libraries <br> <i>Helper Libraries:</i> ARM Compiler Helper Libraries found in your installation at: <br><tt>"<install_dir>/RVCT/Data/3.1/<buildno>/lib/armlib/h_*.*"</tt><br> <br><b> EXAMPLE CODE - LIMITED USE: </b><br> Dhrystone; MMUgen; FFT example code <br><br><b> EXAMPLE CODE - EXTENDED USE: </b><br> Example Flash Download Algorithms found in your installation at: <br><tt>"<install_dir>/RVD/Flash/3.1/<buildno>/<OS>/<platform>/*.*"</tt><br> Any and all other example code identified as such and included with the Software <br><br><b> SEPARATE FILES: </b><br> A. GNU standard C and C++ language libraries (only installed on Linux host computers): <br> This package includes GNU libgcc_s and libstdc++ libraries in binary form, licensed to you under the GNU General Public License, version 2. <br><br> B. zthread library (only installed on Windows host computers): <br> This package includes zthread shared library in source and binary form, licensed to you under the GNU Lesser General Public License, version 2.1. <br><br> C. Portions of the ARM installer: <br> Portions of the installer use the JAXB XML binding library and Java 2 Platform Standard Edition Runtime (JRE) binary runtime files. The applicable Third Party Terms are set out in the THIRDPARTYLICENSEREADME.txt files, which ARM received with such binaries, and (in the case of any portions of the MESA graphics library used in the JRE) in the "SGI Free Software License B" in file SGIFREEB.txt. <br><br> D. The Eclipse IDE: <br> The Eclipse IDE is distributed subject to the terms of the Eclipse Software User Agreement (SUA) version March 17, 2005, except that the term "Content" used in the SUA shall mean only those Eclipse IDE materials contained in this package, and it is ARM, not the Eclipse Foundation, who makes the agreement with you and supplies you with that Content. That Content is also subject to the legal terms and notices referred to in the SUA, including but not limited to the Eclipse Public License version 1.0, the Common Public License version 1.0, the Apache Software License version 1.1, the Apache Software License version 2.0, the IBM Public License version 1.0, the Metro Link Public License 1.00, and the Mozilla Public License version 1.1. For further information on the Eclipse Foundation's approach to licensing, please see their guidance notes at <a href="http://www.eclipse.org/legal/guidetolegaldoc.php"> http://www.eclipse.org/legal/guidetolegaldoc.php</a>, or more generally the Eclipse legal resources website at <a href="http://www.eclipse.org/legal">http://www.eclipse.org/legal</a>. <br><br> E. Portions of the ARM plug-ins for the Eclipse IDE: <br> Certain modules used in these plug-ins are licensed to you under the Eclipse Public License, version 1.0. <br><br> ARM contract references: LEC-ELA-00069-V14.0 RVDS 3.1 FCS AB/AB <br>/end <br> </body> </html>