Texas Instruments

September 19, 2011
DSP/BIOS 5.41.11.38 Manifest


Legend (explanation of the fields in the Manifest Table below)
         
Software Name The name of the application or file
Version Version of the application or file
License
Type
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.


Disclaimers

Export Control Classification Number (ECCN)

            Any use of ECCNs listed in the Manifest is at the user's risk and without recourse to TI.   Your company, as the exporter of record, is responsible for determining the correct classification of any item at the time of export. Any export classification by TI of Software is for TI's internal use only and shall not be construed as a representation or warranty regarding the proper export classification for such Software or whether an export license or other documentation is required for exporting such Software.

Links in the Manifest

Any links appearing on this Manifest (for example in the "Obtained from" field) were verified at the time the Manifest was created. TI makes no guarantee that any listed links will remain active in the future.
Open Source License References
Your company is responsible for confirming the applicable license terms for any open source Software listed in this Manifest that was not "Obtained from" TI.  Any open source license specified in this Manifest for Software that was not "Obtained from" TI is for TI's internal use only and shall not be construed as a representation or warranty regarding the proper open source license terms for such Software.
 

Export Information

ECCN for Software included in this release:  Publicly Available

ECCN for Technology (e.g., user documentation, specifications) included in this release:  Publicly Available


Manifest

See Legend above for a description of the columns and possible values.

Software Name Version License Type Delivered As Modified by TI
DSP/BIOS 5.41.11.38 TI TSPA Source and Binary Yes
Location
Obtained From
bios_5_41_11_38/packages
TI


Credits

None.
 

Licenses

Texas Instruments Incorporated

Technology Software Publicly Available

Software (Source and Object Code) License Agreement for DSP/BIOS 5.41.11.38

 

 

Important – Please read the following license agreement carefully.  This is a legally binding agreement.  Do not download the Licensed Materials unless: (1) you are authorized to accept and agree to the terms of this license agreement and (2) you intend to enter into and to be bound by the terms of this agreement.

 

This DSP/BIOS 5.41.11.38 Software License Agreement (“Agreement”) is a legal agreement between you (either an individual or entity) and Texas Instruments Incorporated (“TI”).  The DSP/BIOS 5.41.11.38 Software consists of the following materials: (a) the materials identified as TI proprietary software programs in the software manifest for the DSP/BIOS 5.41.11.38 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 5.41.11.38 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.

 

1.       License.

 

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.

 

IN 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 FIVE HUNDRED U.S. DOLLARS (US$500).

 

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.

 

6.       Governing Law, Jurisdiction and Severability.  This Agreement will be governed by and interpreted in accordance with the laws of the State of Texas, without reference to that state’s conflict of laws principles.  This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, nor shall it be governed by the Uniform Computer Information Transactions Act (UCITA).  Any dispute arising out of or related to this Agreement will be brought in, and each party consents to the exclusive jurisdiction and venue in the state and federal courts sitting in Dallas Country, Texas.  Each party waives all defenses of lack of personal jurisdiction and forum non-conveniens and agrees that process may be served on either party in a manner authorized by applicable law or court rule.  If for any reason a court of competent jurisdiction finds any provision of the Agreement to be unenforceable, that provision will be enforced to the maximum extent possible to effectuate the intent of the parties and the remainder of the Agreement shall continue in full force and effect.

 

7.       PRC Provisions.  If you are located in the People’s Republic of China (“PRC”) or if the Licensed Materials will be sent to the PRC, the following provisions shall apply and shall supersede any other provisions in this Agreement concerning the same subject matter as the following provisions: 

 

      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.