109 lines
6.2 KiB
Plaintext
109 lines
6.2 KiB
Plaintext
Software License Agreement
|
|
|
|
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS PRIOR TO USING THE
|
|
ERICSSON TEXTURE COMPRESSION CODEC SOFTWARE (THE "SOFTWARE"). THE USE
|
|
OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE
|
|
FOLLOWING SOFTWARE LICENSE AGREEMENT (THE "SLA"). IF YOU DO NOT ACCEPT
|
|
SUCH TERMS AND CONDITIONS YOU MAY NOT USE THE SOFTWARE.
|
|
|
|
Subject to the terms and conditions of the SLA, the licensee of the
|
|
Software (the "Licensee") hereby, receives a non-exclusive,
|
|
non-transferable, limited, free-of-charge, perpetual and worldwide
|
|
license, to copy, use, distribute and modify the Software, but only
|
|
for the purpose of developing, manufacturing, selling, using and
|
|
distributing products including the Software in binary form, which
|
|
products are used for compression and/or decompression according to
|
|
the Khronos standard specifications OpenGL, OpenGL ES and
|
|
WebGL. Notwithstanding anything of the above, Licensee may distribute
|
|
[etcdec.cxx] in source code form provided (i) it is in unmodified
|
|
form; and (ii) it is included in software owned by Licensee.
|
|
|
|
If Licensee institutes, or threatens to institute, patent litigation
|
|
against Ericsson or Ericsson's affiliates for using the Software for
|
|
developing, having developed, manufacturing, having manufactured,
|
|
selling, offer for sale, importing, using, leasing, operating,
|
|
repairing and/or distributing products (i) within the scope of the
|
|
Khronos framework; or (ii) using software or other intellectual
|
|
property rights owned by Ericsson or its affiliates and provided under
|
|
the Khronos framework, Ericsson shall have the right to terminate this
|
|
SLA with immediate effect. Moreover, if Licensee institutes, or
|
|
threatens to institute, patent litigation against any other licensee
|
|
of the Software for using the Software in products within the scope of
|
|
the Khronos framework, Ericsson shall have the right to terminate this
|
|
SLA with immediate effect. However, should Licensee institute, or
|
|
threaten to institute, patent litigation against any other licensee of
|
|
the Software based on such other licensee's use of any other software
|
|
together with the Software, then Ericsson shall have no right to
|
|
terminate this SLA.
|
|
|
|
This SLA does not transfer to Licensee any ownership to any Ericsson
|
|
or third party intellectual property rights. All rights not expressly
|
|
granted by Ericsson under this SLA are hereby expressly
|
|
reserved. Furthermore, nothing in this SLA shall be construed as a
|
|
right to use or sell products in a manner which conveys or purports to
|
|
convey whether explicitly, by principles of implied license, or
|
|
otherwise, any rights to any third party, under any patent of Ericsson
|
|
or of Ericsson's affiliates covering or relating to any combination of
|
|
the Software with any other software or product (not licensed
|
|
hereunder) where the right applies specifically to the combination and
|
|
not to the software or product itself.
|
|
|
|
THE SOFTWARE IS PROVIDED "AS IS". ERICSSON MAKES NO REPRESENTATIONS OF
|
|
ANY KIND, EXTENDS NO WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
|
|
EXPRESS, IMPLIED OR STATUTORY; INCLUDING, BUT NOT LIMITED TO, EXPRESS,
|
|
IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF TITLE,
|
|
MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, AND FITNESS FOR A
|
|
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
|
|
OF THE SOFTWARE IS WITH THE LICENSEE. SHOULD THE SOFTWARE PROVE
|
|
DEFECTIVE, THE LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING,
|
|
REPAIR OR CORRECTION. ERICSSON MAKES NO WARRANTY THAT THE MANUFACTURE,
|
|
SALE, OFFERING FOR SALE, DISTRIBUTION, LEASE, USE OR IMPORTATION UNDER
|
|
THE SLA WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER
|
|
INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND THE VALIDITY OF THE
|
|
LICENSE AND THE SLA ARE SUBJECT TO LICENSEE'S SOLE RESPONSIBILITY TO
|
|
MAKE SUCH DETERMINATION AND ACQUIRE SUCH LICENSES AS MAY BE NECESSARY
|
|
WITH RESPECT TO PATENTS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY OF
|
|
THIRD PARTIES.
|
|
|
|
THE LICENSEE ACKNOWLEDGES AND ACCEPTS THAT THE SOFTWARE (I) IS NOT
|
|
LICENSED FOR; (II) IS NOT DESIGNED FOR OR INTENDED FOR; AND (III) MAY
|
|
NOT BE USED FOR; ANY MISSION CRITICAL APPLICATIONS SUCH AS, BUT NOT
|
|
LIMITED TO OPERATION OF NUCLEAR OR HEALTHCARE COMPUTER SYSTEMS AND/OR
|
|
NETWORKS, AIRCRAFT OR TRAIN CONTROL AND/OR COMMUNICATION SYSTEMS OR
|
|
ANY OTHER COMPUTER SYSTEMS AND/OR NETWORKS OR CONTROL AND/OR
|
|
COMMUNICATION SYSTEMS ALL IN WHICH CASE THE FAILURE OF THE SOFTWARE
|
|
COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, MATERIAL OR
|
|
ENVIRONMENTAL DAMAGE. LICENSEE'S RIGHTS UNDER THIS LICENSE WILL
|
|
TERMINATE AUTOMATICALLY AND IMMEDIATELY WITHOUT NOTICE IF LICENSEE
|
|
FAILS TO COMPLY WITH THIS PARAGRAPH.
|
|
|
|
IN NO EVENT SHALL ERICSSON BE LIABLE FOR ANY DAMAGES WHATSOEVER,
|
|
INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, ANY GENERAL, SPECIAL,
|
|
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN
|
|
CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING
|
|
BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERUPTIONS, OR ANY
|
|
OTHER COMMERCIAL DAMAGES OR LOSSES, LOSS OF DATA OR DATA BEING
|
|
RENDERED INACCURATE OR LOSSES SUSTAINED BY THE LICENSEE OR THIRD
|
|
PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER
|
|
SOFTWARE) REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR
|
|
OTHERWISE), EVEN IF THE LICENSEE OR ANY OTHER PARTY HAS BEEN ADVISED
|
|
OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
|
|
Licensee acknowledges that "ERICSSON ///" is the corporate trademark
|
|
of Telefonaktiebolaget LM Ericsson and that both "Ericsson" and the
|
|
figure "///" are important features of the trade names of
|
|
Telefonaktiebolaget LM Ericsson. Nothing contained in these terms and
|
|
conditions shall be deemed to grant Licensee any right, title or
|
|
interest in the word "Ericsson" or the figure "///". No delay or
|
|
omission by Ericsson to exercise any right or power shall impair any
|
|
such right or power to be construed to be a waiver thereof. Consent by
|
|
Ericsson to, or waiver of, a breach by the Licensee shall not
|
|
constitute consent to, waiver of, or excuse for any other different or
|
|
subsequent breach.
|
|
|
|
This SLA shall be governed by the substantive law of Sweden. Any
|
|
dispute, controversy or claim arising out of or in connection with
|
|
this SLA, or the breach, termination or invalidity thereof, shall be
|
|
submitted to the exclusive jurisdiction of the Swedish Courts.
|
|
|