|Software Name||The name of the application or file|
|Version||Version of the application or file|
|Type of license(s) under which TI will be providing software to the licensee (e.g. BSD, GPLv2, TI TSPA License, TI Commercial License). See Open Source Reference License Disclaimer in the Disclaimers Section.|
|Location||The directory name and path on the media (or in an
archive) where the Software is located.
|Delivered As||This field will either be "Source", "Binary" or "Source and Binary" and is the form the content of the Software is delivered in. If the Software is delivered in an archive format, this field applies to the contents of the archive. If the word Limited is used with Source, as in "Limited Source" or "Limited Source and Binary" then only portions of the Source for the application are provided.|
|Modified by TI||This field will either be "Yes" or "No". A "Yes" means TI has made changes to the Software. A "No" means TI has not made any changes. Note: This field is not applicable for Software "Obtained from" TI.|
|Obtained from||This field specifies from where or from whom TI obtained the Software. It may be a URL to an Open Source site, a 3rd party licensor, or TI (if TI developed the software). If this field contains a link to Open Source software, the date TI downloaded the Software is also recorded. See Links Disclaimer in the Disclaimers Section.|
|Software Name||Version||License Type||Delivered As||Modified by TI|
|DSP/BIOS||5.42.00.07||TI TSPA||Source and Binary||Yes||
This DSP/BIOS 5.42.00.07 Software License Agreement (“Agreement”) is a legal agreement between you (either an individual or entity) and Texas Instruments Incorporated (“TI”). The DSP/BIOS 5.42.00.07 Software consists of the following materials: (a) the materials identified as TI proprietary software programs in the software manifest for the DSP/BIOS 5.42.00.07 Software, or any portion thereof, and any “on-line” or electronic documentation associated with these programs, or any portion thereof (the “Licensed Materials”), and (b) the materials identified as open source materials in the software manifest for the DSP/BIOS 5.42.00.07 Software, or any portion thereof (“Public Software”). For clarification, your use of the Licensed Materials is subject to the licensing terms contained in this Agreement and your use of the Public Software is subject to the separate licensing terms included with the materials to which they apply. This Agreement does not limit your rights under, or grant you rights that supersede, the license terms of any applicable Public Software license agreement. By installing, copying or otherwise using the Licensed Materials you agree to abide by the terms of this Agreement. If you choose not to accept or agree with these terms, do not download or install the Licensed Materials.
a. Source Code License. TI hereby grants to you a limited, non-exclusive license to reproduce, use, and create modified or derivative works of the Licensed Materials provided to you in source code format (the “Source Code Licensed Materials”) and to distribute an unlimited number of copies of such Source Code Licensed Materials, or any derivatives thereof.
b. Object Code License. TI hereby grants to you a limited, non-exclusive license to reproduce and use the Licensed Materials provided to you in object code format (the “Object Code Licensed Materials”) and to distribute an unlimited number of object or executable copies of such Object Code Licensed Materials, provided that if the Object Code Licensed Materials are provided to you in object code format only, such Object Code Licensed Materials, and any object or executable copies thereof, are used solely and exclusively on devices manufactured by or for TI. For clarification, if a particular Licensed Material is provided in both source and object code formats, the proviso in the previous sentence shall not apply to your use of such Licensed Material.
2. Termination. This license is effective until terminated. Without prejudice to any other rights, TI may terminate your right to use the Licensed Materials under this Agreement if you fail to comply with the terms of this Agreement. In such event, you shall destroy all copies of the Licensed Materials, including all portions and derivatives thereof.
3. Intellectual Property Rights. The Licensed Materials being provided to you hereunder are being made publicly available by TI, even though they contain copyrighted material of TI and its licensors, if applicable. In no event may you alter, remove or destroy any copyright notice included in the Licensed Materials. To the extent that any of the Licensed Materials are provided in binary or object code only, you may not unlock, decompile, reverse engineer, disassemble or otherwise translate such binary or object code to human-perceivable form. The source code of such reverse engineered code may contain TI trade secret and other proprietary information. TI reserves all rights not specifically granted under this Agreement
4. Warranties and Limitations. THE LICENSED MATERIALS ARE PROVIDED “AS IS”. TI MAKES NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE. TI DISCLAIMS ANY WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSESSION, AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS WITH REGARD TO THE LICENSED MATERIALS OR USE OF THOSE MATERIALS.
YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS MAY NOT BE INTENDED FOR PRODUCTION APPLICATIONS AND MAY CONTAIN IRREGULARITIES AND DEFECTS NOT FOUND IN PRODUCTION SOFTWARE. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS HAVE NOT BEEN TESTED OR CERTIFIED BY ANY GOVERNMENT AGENCY OR INDUSTRY REGULATORY ORGANIZATION OR ANY OTHER THIRD PARTY ORGANIZATION. YOU AGREE THAT PRIOR TO USING, INCORPORATING OR DISTRIBUTING THE LICENSED MATERIALS IN OR WITH ANY COMMERCIAL PRODUCT THAT YOU WILL THOROUGHLY TEST THE PRODUCT AND THE FUNCTIONALITY OF THE LICENSED MATERIALS IN OR WITH THAT PRODUCT AND BE SOLELY RESPONSIBLE FOR ANY PROBLEMS OR FAILURES.
NO EVENT SHALL TI, OR ANY APPLICABLE LICENSOR, BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
HOWEVER CAUSED ON
ANY THEORY OF LIABILITY,
ARISING IN ANY WAY OUT OF THIS AGREEMENT, OR YOUR USE OF THE LICENSED
MATERIALS, WHETHER OR NOT TI HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. EXCLUDED DAMAGES
INCLUDE, BUT ARE NOT LIMITED TO, COST OF REMOVAL OR REINSTALLATION,
OUTSIDE COMPUTER TIME, LABOR COSTS, LOSS OR CORRUPTION OF DATA, LOSS OF
GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, OR LOSS OF USE OR
INTERRUPTION OF BUSINESS OR ANY OTHER ECONOMIC LOSS.
IN NO EVENT WILL TI’S AGGREGATE LIABILITY UNDER THIS
AGREEMENT OR ARISING OUT OF YOUR USE OF THE LICENSED MATERIALS EXCEED
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or limitation on how long an implied warranty lasts, the above limitations or exclusions may not apply to you.
5. Export Control. The software programs and any “on-line” documentation as well as any updates or upgrades to such software programs or documentation may be subject to the export or import regulations of certain countries. You agree to comply with all such regulations and acknowledge that you have the responsibility to obtain any licenses or other authorizations that may be required to export, re-export or import the Licensed Materials.
Law, Jurisdiction and Severability.
This Agreement will be governed by and interpreted in
accordance with the laws of the State of
you are located in the People’s Republic of
a. Registration Requirements. You shall be solely responsible for performing all acts and obtaining all approvals that may be required in connection with this Agreement by the government of the PRC, including but not limited to registering pursuant to, and otherwise complying with, the PRC Measures on the Administration of Software Products, Management Regulations on Technology Import-Export, and Technology Import and Export Contract Registration Management Rules. Upon receipt of such approvals from the government authorities, you shall forward evidence of all such approvals to TI for its records. In the event that you fail to obtain any such approval or registration, you shall be solely responsible for any and all losses, damages or costs resulting therefrom, and shall indemnify TI for all such losses, damages or costs.
b. Governing Language. This Agreement is written and executed in the English language. If a translation of this Agreement is required for any purpose, including but not limited to registration of the Agreement pursuant to any governmental laws, regulations or rules, you shall be solely responsible for creating such translation. Any translation of this Agreement into a language other than English is intended solely in order to comply with such laws or for reference purposes, and the English language version shall be authoritative and controlling.
8. Entire Agreement. This is the entire Agreement between you and TI and supersedes any prior agreement between the parties related to the subject matter of this Agreement. No amendment or modification of this Agreement will be effective unless in writing and signed by a duly authorized representative of TI. You hereby warrant and represent that you have obtained all authorizations and other applicable consents required empowering you to enter into this Agreement.