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mtb-example-psoc6-dual-cpu-cyberon-freertos/LICENSE(Cyberon)
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CYBERON 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. | |
1. Definitions. | |
"Software" means this software (Cyberon DSpotter) and any accompanying | |
documentation, including any upgrades, updates, bug fixes or modified | |
versions provided to you by Cyberon. | |
"Source Code" means software in human-readable form, including but not | |
limited to the Sample Code. | |
"Sample Code" means the human-readable source code provided in this Software | |
to demonstrate how to use Cyberon DSpotter APIs to implement an application. | |
"Binary Code" means the software in binary code form such as object code or | |
an executable, including but not limited to library file. | |
"Tools" means software that is intended to be installed on a personal | |
computer or provided on web page, and used to create data (including but | |
not limited to recognition model and license data) for using Cyberon | |
DSpotter. | |
"Purpose" means to evaluate (if you don’t purchase the Formal License) | |
Cyberon DSpotter on a specific hardware. | |
2. License. Subject to the terms and conditions of this Agreement, Cyberon | |
Corporation ("Cyberon") grants to you a limited, non-exclusive, | |
non-transferable license under its copyright rights: | |
a. to use the Tools for the Purpose of creating data for using Cyberon | |
DSpotter; and | |
b. to modify, create and distribute derivative works of the Sample Code | |
for the Purpose by interacting with Cyberon DSpotter product in | |
binary code or source code. | |
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. | |
4. Proprietary Rights; Ownership. The Software, including all intellectual | |
property rights therein, is and will remain the sole and exclusive property | |
of Cyberon or its suppliers. Cyberon retains ownership of the Source Code | |
and any compiled version thereof. Subject to Cyberon'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 | |
Cyberon copyright or other notices from the Source Code and any | |
modifications thereof. You agree to keep the Source Code other than | |
the Sample 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 Cyberon. 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 for the Purpose. | |
You hereby covenant that you will not assert any claim that the Software, or | |
derivative works thereof created by or for Cyberon, infringe any | |
intellectual property right owned or controlled by you. | |
5. No Support. Cyberon 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 Cyberon 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 sections shall survive any termination of this Agreement: | |
Section 3, 4, 7, 8, 9, and 10. | |
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, CYBERON | |
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. Cyberon | |
reserves the right to make changes to the Software without notice. Cyberon | |
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. Cyberon does not authorize its Software or | |
products for use in any products where a malfunction or failure of the | |
Software or Cyberon product may reasonably be expected to result in | |
significant property damage, injury or death ("High Risk Product"). | |
If you include any Software or Cyberon product in a High Risk Product, you | |
assume all risk of such use and agree to indemnify Cyberon and its suppliers | |
against all liability. No computing device can be absolutely secure. | |
Therefore, despite security measures implemented in Cyberon’s products, | |
Cyberon does not assume any liability arising out of any security breach, | |
such as unauthorized access to or use of a Cyberon product. | |
9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | |
IN NO EVENT WILL CYBERON OR ITS 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 CRBERON OR ITS SUPPLIERS, RESELLERS, | |
OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO | |
EVENT SHALL CYBERON'S OR ITS SUPPLIERS', RESELLERS', OR DISTRIBUTORS' TOTAL | |
LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR | |
OTHERWISE, EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE. THE FOREGOING | |
LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS | |
ESSENTIAL PURPOSE. | |
10. Privacy. Cyberon respect and protect your privacy. Cyberon will maintain | |
all user created data and information ("Personal Data”) in strict confidence | |
(unless a user wishes to publish it) according to applicable law. Cyberon | |
will take the same care to protect your Personal Data as would do with | |
information that belongs to the Cyberon itself. By accepting this Agreement, | |
you agree and provide consent to accept our processing of your Personal Data | |
for the Purposes stated herein in this Agreement. | |
11. 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 Cyberon's written consent. | |
This Agreement shall be governed by and construed in accordance with the | |
laws of Taiwan, as if performed wholly within the country and without giving | |
effect to the principles of conflict of law. The parties consent to | |
personal and exclusive jurisdiction of and venue in, the Taiwan Taipei | |
courts; provided however, that nothing in this Agreement will limit | |
Cyberon'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 Cyberon will be deemed effective when actually received and | |
must be sent to Cyberon Corporation, ATTN: Legal Department, 8F, No. 188, | |
Sec. 2, Zhongxing Rd., Xindian Dist. New Taipei City, 231037 Taiwan. |