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INFINEON END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE
DOWNLOADING, INSTALLING, COPYING, OR USING THIS SOFTWARE AND ACCOMPANYING
DOCUMENTATION. BY DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE,
YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
OF THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE.
IF YOU HAVE PURCHASED THIS LICENSE TO THE SOFTWARE, YOUR RIGHT TO RETURN THE
SOFTWARE EXPIRES 30 DAYS AFTER YOUR PURCHASE AND APPLIES ONLY TO THE ORIGINAL
PURCHASER.
1. Definitions.
"Software" means this software and any accompanying documentation,
including any upgrades, updates, bug fixes or modified versions provided
to you by Infineon.
"Source Code" means software in human-readable form.
"Binary Code" means the software in binary code form such as object code or
an executable.
"Development Tools" means software that is intended to be installed on a
personal computer and used to create programming code for Firmware,
Drivers, or Host Applications. Examples of Development Tools are
Infineon's AIROC SDKs and Infineon's ModusToolbox software.
"Firmware" means software that executes on an Infineon hardware product.
"Driver" means software that enables the use of an Infineon hardware product
on a particular host operating system such as GNU/Linux, Windows, MacOS,
Android, and iOS.
"Host Application" means software that executes on a device other than an
Infineon hardware product in order to program, control, or communicate
with an Infineon hardware product.
"inf File" means a hardware setup information file (.inf file) created by
the Software to allow a Microsoft Windows operating system to install the
driver for an Infineon hardware product.
2. License. Subject to the terms and conditions of this Agreement, Infineon
Technologies Americas Corp. ("Infineon") and its suppliers grant to you a
non-exclusive, non-transferable license under their copyright rights:
a. to use the Development Tools in object code form solely for the purpose
of creating Firmware, Drivers, Host Applications, and inf Files for
Infineon hardware products; and
b. (i) if provided in Source Code form, to copy, modify, and compile the
Firmware Source Code to create Firmware for execution on an
Infineon hardware product, and
(ii) to distribute Firmware in binary code form only, only when
installed onto an Infineon hardware product; and
c. (i) if provided in Source Code form, to copy, modify, and compile the
Driver Source Code to create one or more Drivers to enable the use
of an Infineon hardware product on a particular host operating
system, and
(ii) to distribute the Driver, in binary code form only, only when
installed on a device that includes the Infineon hardware product
that the Driver is intended to enable; and
d. (i) if provided in Source Code form, to copy, modify, and compile the
Host Application Source Code to create one or more Host
Applications to program, control, or communicate with an Infineon
hardware product, and
(ii) to distribute Host Applications, in binary code form only, only
when installed on a device that includes an Infineon hardware
product that the Host Application is intended to program, control,
or communicate with; and
e. to freely distribute any inf File.
Any distribution of Software permitted under this Agreement must be made
pursuant to your standard end user license agreement used for your proprietary
(closed source) software products, such end user license agreement to include,
at a minimum, provisions limiting your licensors' liability and prohibiting
reverse engineering of the Software, consistent with such provisions in this
Agreement.
3. Free and Open Source Software. Portions of the Software may be licensed
under free and/or open source licenses such as the GNU General Public License
or other licenses from third parties ("Third Party Software"). Third Party
Software is subject to the applicable license agreement and not this
Agreement. If you are entitled to receive the source code from Infineon for
any Third Party Software included with the Software, either the source code
will be included with the Software or you may obtain the source code at no
charge from
<https://www.infineon.com/design-resources/embedded-software/free-and-open-source-software-foss>.
The applicable license terms will accompany each source code package. To
review the license terms applicable to any Third Party Software for which
Infineon is not required to provide you with source code, please see the
Software's installation directory on your computer.
4. Proprietary Rights; Ownership. The Software, including all intellectual
property rights therein, is and will remain the sole and exclusive property of
Infineon or its suppliers. Infineon retains ownership of the Source Code and
any compiled version thereof. Subject to Infineon's ownership of the
underlying Software (including Source Code), you retain ownership of any
modifications you make to the Source Code. You agree not to remove any
Infineon copyright or other notices from the Source Code and any
modifications thereof. You agree to keep the Source Code confidential.
Any reproduction, modification, translation, compilation, or representation
of the Source Code except as permitted in Section 2 ("License") is prohibited
without the express written permission of Infineon. Except as otherwise
expressly provided in this Agreement, you may not: (i) modify, adapt, or create
derivative works based upon the Software; (ii) copy the Software; (iii) except
and only to the extent explicitly permitted by applicable law despite this
limitation, decompile, translate, reverse engineer, disassemble or otherwise
reduce the Software to human-readable form; or (iv) use the Software or any
sample code other than as expressly permitted in this Agreement. You hereby
covenant that you will not assert any claim that the Software, or derivative
works thereof created by or for Infineon, infringe any intellectual property
right owned or controlled by you.
5. No Support. Infineon may, but is not required to, provide technical support
for the Software.
6. Term and Termination. This Agreement is effective until terminated, and
either party may terminate this Agreement at any time with or without cause.
This Agreement and your license rights under this Agreement will terminate
immediately without notice from Infineon if you fail to comply with any
provision of this Agreement. Upon termination, you must destroy all copies
of Software in your possession or control. The following paragraphs shall
survive any termination of this Agreement: "Free and Open Source Software",
"Proprietary Rights; Ownership", "Compliance With Law", "Disclaimer",
"Limitation of Liability", and "General".
7. Compliance With Law. Each party agrees to comply with all applicable laws,
rules and regulations in connection with its activities under this Agreement.
Without limiting the foregoing, the Software may be subject to export control
laws and regulations of the United States and other countries. You agree to
comply strictly with all such laws and regulations and acknowledge that you
have the responsibility to obtain licenses to export, re-export, or import the
Software.
8. Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Infineon
MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE,
INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Infineon reserves the
right to make changes to the Software without notice. Infineon does not assume
any liability arising out of the application or use of Software or any product
or circuit described in the Software. It is the responsibility of the user of
the Software to properly design, program, and test the functionality and safety
of any application made of the Software and any resulting product. Infineon
does not authorize its Software or products for use in any products where a
malfunction or failure of the Software or Infineon product may reasonably be
expected to result in significant property damage, injury or death
("High Risk Product"). If you include any Software or Infineon product in a
High Risk Product, you assume all risk of such use and agree to indemnify
Infineon and its affiliates and suppliers, resellers, and distributors against
all liability. No computing device can be absolutely secure. Therefore,
despite security measures implemented in Infineon hardware or software products,
Infineon does not assume any liability arising out of any security breach, such
as unauthorized access to or use of an Infineon product.
9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT WILL INFINEON OR ITS AFFILIATES, SUPPLIERS, RESELLERS, OR
DISTRIBUTORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF
OR INABILITY TO USE THE SOFTWARE EVEN IF INFINEON OR ITS AFFILIATES, SUPPLIERS,
RESELLERS, OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL INFINEON OR ITS AFFILIATES', SUPPLIERS', RESELLERS', OR
DISTRIBUTORS' TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF US$500 OR THE PRICE
PAID BY YOU FOR THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF
THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES
OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR
INCIDENTAL DAMAGES, ALL OR PORTIONS OF THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
10. Restricted Rights. The Software is commercial computer software as that
term is described in 48 C.F.R. 252.227-7014(a)(1). If the Software is being
acquired by or on behalf of the U.S. Government or by a U.S. Government prime
contractor or subcontractor (at any tier), then the Government's rights in
Software shall be only those set forth in this Agreement.
11. Personal Information. You agree that information you provide through your
registration on Infineon and its affiliates' websites, including contact
information or other personal information, may be collected and used by Infineon
and its affiliates consistent with their Data Privacy Policy
(https://www.infineon.com/legal/privacy-policy), as updated or revised from time
to time, and may be provided to their third party sales representatives,
distributors and other entities conducting sales activities for Infineon or its
affiliates for sales-related and other business purposes.
12. General. This Agreement will bind and inure to the benefit of each party's
successors and assigns, provided that you may not assign or transfer this
Agreement, in whole or in part, without Infineon's written consent. This
Agreement shall be governed by and construed in accordance with the laws of the
State of California, United States of America, as if performed wholly within
the state and without giving effect to the principles of conflict of law. The
parties consent to personal and exclusive jurisdiction of and venue in, the
state and federal courts within Santa Clara County, California; provided
however, that nothing in this Agreement will limit Infineon's right to bring
legal action in any venue in order to protect or enforce its intellectual
property rights. No failure of either party to exercise or enforce any of its
rights under this Agreement will act as a waiver of such rights. If any
portion of this Agreement is found to be void or unenforceable, the remaining
provisions of this Agreement shall remain in full force and effect. This
Agreement is the complete and exclusive agreement between the parties with
respect to the subject matter hereof, superseding and replacing any and all
prior agreements, communications, and understandings (both written and oral)
regarding such subject matter. Any notice to Infineon will be deemed effective
when actually received and must be sent to Infineon Technologies Americas Corp.,
ATTN: Legal Department, 198 Champion Court, San Jose, CA 95134 USA.