Legend
(explanation of the fields
in the
Manifest Table below)
Software
Name
|
The name 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 3 rd 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: 3D991
ECCN for
Technology (e.g., user documentation,
specifications) included in this release:
3D991
Manifest
See Legend above for a description of the columns and possible values.
Software
Name
|
License
Type
|
Delivered
As
|
Modified
by
TI
|
|
|
~TIRex
|
BSD |
Source/Binary |
|
Location
|
|
Obtained from |
|
||||
MSP430 Boot Loaders
|
TI |
Source/Binary |
|
Location
|
|
Obtained from |
|
||||
Depricated Header Files
|
BSD |
Source |
|
Location
|
|
Obtained from |
|
||||
MSP430 Peripheral Driver Library
|
BSD |
Source/Binary |
|
Location
|
|
Obtained from |
|
||||
MSP430 Legacy Examples
|
BSD |
Source |
|
Location
|
|
Obtained from |
|
||||
MSP430F5529 User Experience Code
|
Source/Binary |
|
Location
|
|
|
Obtained from |
See Manifest for MSP430F5529 User Experiance Code |
||||
MSP-EXP430F5529LP
|
Source/Binary |
|
Location
|
|
|
Obtained from |
See Manifest for MSP-EXP430F5529LP
|
||||
MSP-EXP430F5438
|
Source/Binary |
|
Location
|
|
|
Obtained from |
See Manifest for MSP-EXP430F5438 |
||||
MSP-EXPCC430RFx
|
Source/Binary |
|
Location
|
|
|
Obtained from |
See Manifest for MSP-EXPCC430RFx |
||||
430BOOST-SENSE1
|
Source/Binary |
|
Location
|
|
|
Obtained from |
See Manifest for 430BOOST-SENSE1 |
||||
MSP430 Capacitive Touch Software Library |
Source/Binary |
|
Location
|
|
|
Obtained from |
See Manifest for MSP430 Capacitive Touch Software Library |
||||
Grace Code Examples
|
BSD
|
Source |
|
Location
|
|
Obtained from |
Texas Instruments
|
||||
MSP430
Graphics Library
|
BSD
|
Source/Binary |
|
Location
|
|
Obtained from |
Texas Instruments
|
||||
MSP430
IEC60730 Library
|
BSD |
Source/Binary |
|
Location
|
|
Obtained from |
Texas Instruments
|
||||
NFCLink NFC/HF RFID Firmware |
Source/Binary |
|
Location
|
|
|
Obtained from |
|
||||
Touchpro GUI
|
Source/Binary |
|
Location
|
|
|
Obtained from |
|
||||
MSP430
USB Library
|
Source/Binary |
|
Location
|
|
|
Obtained from |
See Manifest for MSP430 USB Library |
||||
Bootstrap 2.3.2 |
Apache License, Version 2.0 |
Source |
|
Location
|
|
Obtained from |
|
||||
Handlebars 1.1.2 |
MIT |
Source |
|
Location
|
|
Obtained from |
Handlebars |
||||
JQuery 1.10.2 |
Source |
|
Location
|
|
|
Obtained from |
JQuery |
||||
HTML5Shiv 3.6.2 |
Source |
|
Location
|
|
|
Obtained from |
HTML5Shiv |
Credits
Licenses
Important
– Read carefully:
This
source
and object code software license agreement (“Agreement”) is a legal
agreement
between you (either an individual or entity) and Texas Instruments
Incorporated
(“TI”).
The
“Licensed Materials” subject
to this Agreement include the software programs (in whole or in part)
that
accompany this Agreement and which you access “on-line” and/or
electronic
documentation (in whole or in part) associated and provided with these
programs, as well as any updates or upgrades to such software programs
and
documentation, if any, provided to you at TI’s sole discretion.
The Licensed Materials are
specifically
designed and licensed for use solely and exclusively with processing
devices
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By installing, copying or otherwise using the Licensed
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agree to abide by the provisions set forth herein.
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If you choose not to accept or agree with these
provisions,
do not
download or install the Licensed Materials
.
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Certain Bundled Software
Files
:
The software manifest for the Licensed
Materials includes hyperlinks to certain software files that contain
functional
elements that are bundled together and listed as one item in the
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Materials’ software manifest (such bundled software files are referred
to, in
whole or in part, as “Bundled Software”).
The Bundled Software and the associated software
manifest(s) that lists
all the software files included in such Bundled Software can be
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listed
in the Licensed Materials’ software manifest.
By accepting this Agreement, you
may gain access to
the Bundled Software by clicking on the applicable hyperlink. You
acknowledge
and agree that your use of the Bundled Software is subject to the
licensing
terms for such Bundled Software as specified in the Bundled Software’
software
manifest.
For
clarification, this
Agreement does not limit your rights under, or grant you rights that
supersede,
the license terms applicable to the Bundled Software.
Note Regarding Possible
Access
to Open Source
Software
:
The Licensed Materials may be bundled with Open
Source Software.
"Open Source Software" means any
software licensed under terms
requiring that (A) other software (“Proprietary Software”)
incorporated,
combined or distributed with such software or developed using such
software:
(i) be disclosed or distributed in source code form; or (ii) otherwise
be
licensed on terms inconsistent with the terms of this Agreement,
including but
not limited to permitting use of the Proprietary Software on or with
devices
other than TI Devices, or (B) require the owner of Proprietary Software
to
license any of its patents to users of the Open Source Software and/or
Proprietary Software incorporated, combined or distributed with such
Open
Source Software or developed using such Open Source Software.
By accepting this Agreement, you
may gain access to Open
Source Software, in which case such Open Source Software will be listed
in the
applicable software manifest (in whole or in part, the “Open Source
Materials”).
Your
use of the Open Source
Materials is subject to the separate licensing terms applicable to such
Open
Source Materials as specified in the applicable software manifest.
For clarification, this
Agreement does not
limit your rights under, or grant you rights that supersede, the
license terms
of any applicable Open Source Materials license agreement.
If any of the Open Source
Materials have been
provided to you in object code only, TI will provide to you or show you
where
can access the source code versions of such Open Source Materials if
you
contact TI at
Texas Instruments
Incorporated, 12500 TI Boulevard, Mail Station 8638, Dallas, Texas
75243,
Attention: Contracts Manager
.
You
may terminate this Agreement in the event you choose not to accept or
agree
with the terms in any applicable Open Source Materials license
agreement,
provided that such termination occurs within five (5) days of
acceptance of
this Agreement and you abide by all applicable license terms in this
Agreement
until such termination.
1.
License
Grant
and Use Restrictions.
a.
Licensed Materials License Grant
.
i.
Limited
Source Code License
.
Subject
to the terms of this Agreement, TI
hereby grants to you a limited, non-transferable, non-exclusive,
non-assignable,
non-sublicensable, fully paid-up and royalty-free license to make
copies,
prepare derivative works, display internally and use internally the
Licensed
Materials provided to you in source code for the sole purpose of
developing
object and executable versions of such Licensed Materials, or any
derivative
thereof, that execute solely and exclusively on TI Devices, for end use
in
Licensee Products, and maintaining and supporting such Licensed
Materials, or
any derivative thereof, and Licensee Products.
For purposes of this Agreement, “Licensee Product” means a
product that
consists of both hardware, including one or more TI Devices, and
software
components, including only executable versions of the Licensed
Materials that
execute solely and exclusively on such TI Devices and not on devices
manufactured by or for an entity other than TI.
ii.
Object
Code Evaluation, Testing and Use License
.
Subject to the terms of this Agreement, TI hereby grants
to you a limited,
non-transferable, non-exclusive, non-assignable, non-sublicensable,
fully
paid-up and royalty free license under all TI intellectual property
embodied in
the Licensed Materials provided to you in object code to make copies,
display
internally, distribute internally and use internally the Licensed
Materials
provided to you for the sole purposes of evaluating and testing the
Licensed
Materials and designing and developing Licensee Products, and
maintaining and
supporting the Licensee Products.
iii.
Demonstration
License
.
Subject
to the terms of
this Agreement, TI hereby grants to you a limited, non-transferable,
non-exclusive, non-assignable, non-sublicensable, fully paid-up and
royalty
free license under all TI intellectual property embodied in the
Licensed
Materials to
demonstrate to third parties the
Licensed Materials, or any derivatives thereof, executing solely and
exclusively on TI Devices as they are used in Licensee Products,
provided that
such Licensed Materials, or any derivatives thereof, are demonstrated
in object
or executable versions only.
iv.
Production
and Distribution License
.
Subject to
the terms of this Agreement, TI hereby grants to you a
non-transferable,
non-exclusive, non-assignable, non-sublicensable, fully paid-up and
royalty
free license under all TI intellectual property embodied in the
Licensed
Materials to make, use, sell, offer to sell, import, export and
otherwise
distribute the Licensed Materials, or any derivatives thereof, as part
of a
Licensee Product, provided that such Licensee Products include only
embedded
executable copies of such Licensed Materials, or any derivatives
thereof, that
execute solely and exclusively on TI Devices in such Licensee Products.
b.
Contractors
and Suppliers
.
The
licenses granted to you hereunder shall include your on-site and
off-site
suppliers and independent contractors, while such suppliers and
independent
contractors are performing work for or providing services to you,
provided that
such suppliers and independent contractors have executed work-for-hire
agreements with you containing applicable terms and conditions
consistent with
the terms and conditions set forth in this Agreement and provided
further that
you shall be liable to TI for any breach by your suppliers or
independent
contractors of this Agreement to the same extent as you would be if you
had
breached the Agreement yourself.
c.
Limited License
to TI and Covenant not to
Sue
.
Continuing
for the term of this
Agreement, you hereby grant to TI and TI’s licensees of the Licensed
Materials,
under any of your patents embodied in the Licensed Materials, a
non-transferable, non-exclusive, non-assignable, worldwide, fully
paid-up,
royalty-free license to make, use, sell, offer to sell, import, export
and
otherwise distribute such Licensed Materials.
You
covenant
not to sue or otherwise assert
Derived Patents against TI and TI’s affiliates and their licensees of
the
Licensed Materials.
In
the event you
assign a Derived Patent, you shall require as a condition of any such
assignment
that the assignee agree to be bound by the provisions in this Section
1(c) with
respect to such Derived Patent.
Any
attempted assignment or transfer in violation of this Section 1(c)
shall be
null and void.
For
purposes of this
Agreement, “Derived Patents” means any of your patents issuing from a
patent
application that discloses and claims an invention conceived of by you
after
delivery of the Licensed Materials, and derived by you from your access
to the
Licensed Materials.
d.
No Other License
.
Notwithstanding
anything
to the contrary,
nothing in this Agreement shall be construed as a license to any
intellectual
property rights of TI other than those rights embodied in the Licensed
Materials provided to you by TI.
EXCEPT
AS PROVIDED HEREIN, NO OTHER LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL
OR
OTHERWISE, TO ANY OTHER TI INTELLECTUAL PROPERTY RIGHTS IS GRANTED
HEREIN.
e.
Restrictions
.
You shall maintain the source code versions of the
Licensed Materials,
or any derivatives thereof, under password control protection and shall
not disclose
such source code versions of the Licensed Materials, or any derivatives
thereof, to any person other than your employees and contractors whose
job
performance requires access.
You
shall
not use the Licensed Materials, or any derivatives thereof, with a
processing
device manufactured by or for an entity other than TI, and you agree
that any
such unauthorized use of the Licensed Materials, or any derivatives
thereof, is
a material breach of this Agreement.
Except as expressly provided in this Agreement, you shall
not copy,
publish, disclose, display, provide, transfer or make available the
Licensed
Materials, or any derivatives thereof, to any third party and you shall
not
sublicense, transfer, or assign the Licensed Materials, or any
derivatives thereof,
or your rights under this Agreement to any third party.
You shall not mortgage, pledge or encumber
the Licensed Materials, or any derivatives thereof, in any way.
You may use the
Licensed Materials, or any derivatives thereof,
with Open Source Software or with software developed using Open Source
Software
tools provided you do not incorporate, combine or distribute the
Licensed
Materials, or any derivatives thereof, in a manner that subjects the
Licensed
Materials, or any derivatives thereof, to any license obligations or
any other
intellectual property related terms of any license governing such Open
Source
Software.
.
f.
Termination
.
This
Agreement is
effective until terminated.
You
may
terminate this Agreement at any time by written notice to TI.
Without prejudice to any
other rights, if you
fail to comply with the terms of this Agreement, TI may terminate your
right to
use the Licensed Materials, or any derivatives thereof, upon written
notice to
you.
Upon
termination of this Agreement,
you will destroy any and all copies of the Licensed Materials, or any
derivatives thereof, in your possession, custody or control and provide
to TI a
written statement signed by your authorized representative certifying
such
destruction. Except for Sections 1(a) and 1(b) and the limited license
to TI in
Section 1(c), all provisions of this Agreement shall survive
termination of
this Agreement.
2.
Licensed
Materials Ownership.
The
Licensed Materials are licensed, not sold to you, and can only be used
in accordance
with the terms of this Agreement.
Subject to the licenses granted to you pursuant to this
Agreement, TI
and its licensors own and shall continue to own all right, title, and
interest
in and to the Licensed Materials, including all copies thereof.
The parties agree that all
fixes,
modifications and improvements to the Licensed Materials conceived of
or made
by TI that are based, either in whole or in part, on your feedback,
suggestions
or recommendations are the exclusive property of TI and all right,
title and
interest in and to such fixes, modifications or improvements to the
Licensed
Materials will vest solely in TI.
Moreover, you acknowledge and agree that when your
independently
developed software or hardware components are combined, in whole or in
part,
with the Licensed Materials, your right to use the combined work that
includes
the Licensed Materials remains subject to the terms and conditions of
this
Agreement.
3.
Intellectual
Property Rights.
a.
The
Licensed Materials contain copyrighted material, trade secrets and
other
proprietary information of TI and its licensors and are protected by
copyright
laws, international copyright treaties, and trade secret laws, as well
as other
intellectual property laws.
To
protect
TI’s and its licensors’ rights in the Licensed Materials, you agree,
except as
specifically permitted by statute by a provision that cannot be waived
by
contract, not to “unlock”, decompile, reverse engineer, disassemble or
otherwise translate to a human-perceivable form any portions of the
Licensed
Materials provided to you in object code format only, nor permit any
person or
entity to do so.
You
shall not remove,
alter, cover, or obscure any confidentiality, trade secret, trade mark,
patent,
copyright or other proprietary notice or other identifying marks or
designs
from any component of the Licensed Materials and you shall reproduce
and
include in all copies of the Licensed Materials, or any derivatives
thereof,
the copyright notice(s) and proprietary legend(s) of TI and its
licensors as
they appear in the Licensed Materials.
TI reserves all rights not specifically granted under this
Agreement.
b.
Certain
Licensed Materials may be based on industry recognized standards or
software
programs published by industry recognized standards bodies and certain
third
parties may claim to own patents, copyrights, and other intellectual
property
rights that cover implementation of those standards.
You acknowledge and agree that this Agreement
does not convey a license to any such third party patents, copyrights,
and
other intellectual property rights and that you are solely responsible
for any
patent, copyright, or other intellectual property right claim that
relates to
your use or distribution of the Licensed Materials, or any derivatives
thereof,,
or your use or distribution of your products that include or
incorporate the Licensed
Materials, or any derivatives thereof,.
Moreover, you acknowledge that you are responsible for any
fees or
royalties that may be payable to any third party based on such third
party’s
interests in the Licensed Materials or any intellectual property rights
that
cover implementation of any industry recognized standard, any software
program
published by any industry recognized standards bodies or any other
proprietary
technology.
4.
Audit
Right.
At
TI's request, and within thirty (30) days after receiving written
notice, you
shall permit an independent auditor selected by TI to have access, no
more than
twice each calendar year (unless the immediately preceding audit
revealed a
discrepancy) and during your regular business hours, to all of your
equipment,
records, and documents as may contain information bearing upon the use
of the Licensed
Materials, or any derivatives thereof,
.
You shall keep full,
complete, clear and
accurate records with respect to product sales and distributions for a
period
beginning with the then-current calendar year and going back three (3)
years.
5.
Confidential
Information.
You acknowledge and
agree that the Licensed Materials contain trade secrets and other
confidential
information of TI its licensors.
You
agree to use the Licensed Materials, or any derivatives thereof, solely
within
the scope of the licenses set forth herein, to maintain the Licensed
Materials,
or any derivatives thereof, in strict confidence, to use at least the
same
procedures and degree of care that you use to prevent disclosure of
your own
confidential information of like importance but in no instance less
than
reasonable care, and to prevent disclosure of the Licensed Materials,
or any
derivatives thereof, to any third party, except as may be necessary and
required in connection with your rights and obligations hereunder.
You agree to obtain
executed confidentiality
agreements with your employees and contractors having access to the
Licensed
Materials, or any derivatives thereof, and to diligently take steps to
enforce
such agreements in this respect.
TI
agrees that industry standard employment agreements used in the normal
course
of your business shall satisfy the requirements of this section. TI may
disclose your contact information to TI’s licensors.
6.
Warranties
and
Limitations.
THE
LICENSED MATERIALS ARE PROVIDED “AS IS”.
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, OR ANY
DERIVATIVES
THEREOF, IN OR WITH ANY COMMERCIAL PRODUCT THAT YOU WILL THOROUGHLY
TEST THE
PRODUCT AND THE FUNCTIONALITY OF THE LICENSED MATERIALS, OR ANY
DERIVATIVES
THEREOF, IN OR WITH THAT PRODUCT AND BE SOLELY RESPONSIBLE FOR ANY
PROBLEMS OR
FAILURES.
TI AND ITS
LICENSORS MAKE NO WARRANTY OR REPRESENTATION,
EITHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE LICENSED MATERIALS,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD PARTY
PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER INTELLECTUAL PROPERTY
RIGHTS.
YOU AGREE
TO USE YOUR INDEPENDENT JUDGMENT IN
DEVELOPING YOUR PRODUCTS.
NOTHING
CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS A WARRANTY OR
REPRESENTATION
BY TI TO MAINTAIN PRODUCTION OF ANY TI SEMICONDUCTOR DEVICE OR OTHER
HARDWARE
OR SOFTWARE WITH WHICH THE LICENSED MATERIALS, OR ANY DERIVATIVES
THEREOF, MAY
BE USED.
IN
NO EVENT SHALL TI OR ITS LICENSORS, BE LIABLE FOR ANY SPECIAL,
INDIRECT,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ON ANY
THEORY OF
LIABILITY, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE
USE OF
THE LICENSED MATERIALS, OR ANY DERIVATIVES THEREOF, REGARDLESS OF
WHETHER 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
OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, OR LOSS OF
USE OR
INTERRUPTION OF BUSINESS.
IN
NO EVENT
WILL TI’S OR ITS LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT OR
ARISING
OUT OF YOUR USE OF THE LICENSED MATERIALS, OR ANY DERIVATIVES THEREOF,
EXCEED
THE GREATER OF FIVE HUNDRED U.S. DOLLARS (US$500) OR THE FEES PAID TO
TI BY YOU
FOR THE LICENSED MATERIALS UNDER THIS AGREEMENT.
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.
7.
Indemnification
Disclaimer.
YOU ACKNOWLEDGE AND
AGREE
THAT TI
SHALL NOT BE LIABLE FOR AND SHALL NOT DEFEND OR INDEMNIFY YOU AGAINST
ANY THIRD
PARTY INFRINGEMENT CLAIM THAT RELATES TO OR IS BASED ON YOUR
MANUFACTURE, USE,
OR DISTRIBUTION OF THE LICENSED MATERIALS, OR ANY DERIVATIVES THEREOF,
OR YOUR
MANUFACTURE, USE, OFFER FOR SALE, SALE, IMPORTATION OR DISTRIBUTION OF
YOUR
PRODUCTS THAT INCLUDE OR INCORPORATE THE LICENSED MATERIALS, OR ANY
DERIVATIVES
THEREOF,.
8.
No
Technical Support.
TI and its licensors are under no
obligation to install, maintain or support the Licensed Materials, or
any
derivatives thereof.
9.
Notices.
All notices
to TI hereunder shall be delivered to Texas Instruments Incorporated,
12500 TI
Boulevard, Mail Station 8638, Dallas, Texas 75243, Attention: Contracts
Manager, with a copy to Texas Instruments Incorporated, 13588 North
Central
Expressway
, Mail Station 3999, Dallas,
Texas 75243, Attention: Law Department - ASP.
All
notices shall be
deemed served when received by TI.
10
.
Export Control.
You
hereby
acknowledge that the Licensed
Materials are subject to export control under the U.S. Commerce
Department’s
Export Administration Regulations (“EAR”).
You further hereby acknowledge and agree that unless prior
authorization
is obtained from the U.S. Commerce Department, neither you nor your
customers
will export, re-export, or release, directly or indirectly, any
technology,
software, or software source code (as defined in Part 772 of the EAR),
received
from TI, or export, directly or indirectly, any direct product of such
technology, software, or software source code (as defined in Part 734
of the
EAR), to any destination or country to which the export, re-export, or
release
of the technology, software, or software source code, or direct product
is
prohibited by the EAR.
You
agree that
none of the Licensed Materials may be downloaded or otherwise exported
or
reexported (i) into (or to a national or resident of) Cuba, Iran, North
Korea,
Sudan and Syria or any other country the U.S. has embargoed goods; or
(ii) to
anyone on the U.S. Treasury Department’s List of Specially Designated
Nationals
or the U.S. Commerce Department’s Denied Persons List or Entity
List. You represent and warrant that you are not
located in, under
the control of, or a national or resident of any such country or on any
such
list and you will not use or transfer the Licensed Materials, or any
derivatives thereof, for use in any sensitive nuclear, chemical or
biological
weapons, or missile technology end-uses unless authorized by the U.S.
Government
by regulation or specific
license or
for a military end-use in, or by any military entity
of Albania,
Armenia, Azerbaijan, Belarus, Cambodia, China, Georgia, Iraq,
Kazakhstan, Kyrgyzstan, Laos, Libya, Macau, Moldova, Mongolia,
Russia,
Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and Vietnam.
Any software export classification
made by TI shall be 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 the
exportation of
such software.
11
.
Governing Law and Severability;
Waiver.
This
Agreement will be governed by and
interpreted in accordance with the laws of the State of
12.
PRC Provisions.
If 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.
c.
Export Control
.
i.
Diversions
of Technology
.
You
hereby agree that
unless prior
authorization is obtained from the U.S. Department of Commerce, neither
you nor
your subsidiaries or affiliates shall knowingly export, re-export, or
release,
directly or indirectly, any technology, software, or software source
code (as
defined in Part 772 of the Export Administration Regulations of the
U.S.
Department of Commerce ("EAR")), received from TI or any of its
affiliated companies, or export, directly or indirectly, any direct
product of
such technology, software, or software source code (as defined in Part
734 of
the EAR), to any destination or country to which the export, re-export,
or
release of the technology, software, software source code, or direct
product is
prohibited by the EAR.
ii.
Assurance
of Compliance
.
You
understand and
acknowledge that products,
technology (regardless of the form in which it is provided), software
or
software source code, received from TI or any of its affiliates under
this
Agreement may be under export control of the
iii.
Licenses.
Each party shall secure at its
own expense, such licenses and export and import documents as are
necessary for
each respective party to fulfill its obligations under this Agreement.
If such licenses or
government approvals
cannot be obtained, TI may terminate this Agreement, or shall otherwise
be
excused from the performance of any obligations it may have under this
Agreement for which the licenses or government approvals are required.
13
.
Entire Agreement.
This is the entire Agreement between you
and TI and this Agreement supersedes any prior agreement between the
parties related
to the subject matter of this Agreement.
Notwithstanding the foregoing, any signed and effective
software license
agreement relating to the subject matter hereof and stating expressly
that such
agreement shall control regardless of any subsequent click-wrap,
shrink-wrap or
web-wrap, shall supersede the terms 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.
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7. Termination
8. Miscellaneous
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