Merge lp:~gesha/linaro-license-protection/add-licenses into lp:~linaro-automation/linaro-license-protection/trunk

Proposed by Georgy Redkozubov
Status: Merged
Approved by: James Tunnicliffe
Approved revision: 58
Merged at revision: 58
Proposed branch: lp:~gesha/linaro-license-protection/add-licenses
Merge into: lp:~linaro-automation/linaro-license-protection/trunk
Diff against target: 629 lines (+568/-14)
5 files modified
licenses/license.php (+5/-12)
licenses/samsung.html (+1/-1)
licenses/samsung.txt (+265/-0)
licenses/ste.html (+1/-1)
licenses/ste.txt (+296/-0)
To merge this branch: bzr merge lp:~gesha/linaro-license-protection/add-licenses
Reviewer Review Type Date Requested Status
James Tunnicliffe (community) Approve
Review via email: mp+102894@code.launchpad.net

Description of the change

Added licenses.
Updated license handling to be more flexible.

To post a comment you must log in.
Revision history for this message
James Tunnicliffe (dooferlad) wrote :

Great. I am not going to review the wording of the licenses though :-)

review: Approve

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1=== modified file 'licenses/license.php'
2--- licenses/license.php 2012-03-27 13:57:57 +0000
3+++ licenses/license.php 2012-04-20 16:05:22 +0000
4@@ -3,7 +3,6 @@
5 $lic = $_SERVER["QUERY_STRING"];
6 $host = $_SERVER["HTTP_HOST"];
7 $doc = $_SERVER["DOCUMENT_ROOT"];
8- $eula = $_COOKIE["eula"];
9 $fn = $doc.$down;
10 if (file_exists($fn) and is_file($fn)) {
11 $repl = dirname($down);
12@@ -11,15 +10,9 @@
13 $repl = $down;
14 }
15
16- $handle = @fopen($doc."/licenses/".$lic.".html", "r");
17- if ($handle) {
18- while (($buffer = fgets($handle, 4096)) !== false) {
19- $eula = str_replace("src=\"EULA.txt\"", "src=".$repl."/EULA.txt", $buffer);
20- echo $eula;
21- }
22- if (!feof($handle)) {
23- echo "Error: unexpected fgets() fail\n";
24- }
25- fclose($handle);
26- }
27+ $template_content = file_get_contents($doc."/licenses/".$lic.".html");
28+ $eula_content = file_get_contents($doc."/licenses/".$lic.".txt");
29+
30+ $out = str_replace("EULA.txt", $eula_content, $template_content);
31+ echo $out;
32 ?>
33
34=== modified file 'licenses/samsung.html'
35--- licenses/samsung.html 2012-03-27 13:57:57 +0000
36+++ licenses/samsung.html 2012-04-20 16:05:22 +0000
37@@ -101,7 +101,7 @@
38 <div id="content">
39
40 <div id="license-text">
41-<iframe id="eula" frameborder=0 src="EULA.txt"></iframe>
42+EULA.txt
43 </div><!-- license-text -->
44
45 <div id="actions">
46
47=== added file 'licenses/samsung.txt'
48--- licenses/samsung.txt 1970-01-01 00:00:00 +0000
49+++ licenses/samsung.txt 2012-04-20 16:05:22 +0000
50@@ -0,0 +1,265 @@
51+<p>IMPORTANT — PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.</p>
52+
53+<p>
54+ THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, an individual or a
55+ legal entity, (“LICENSEE”) AND SAMSUNG ELECTRONICS CO.,
56+ LTD. (“SAMSUNG”). BY CLICKING THE "ACCEPT" BUTTON, OR BY DOWNLOADING OR
57+ INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE
58+ TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
59+ AGREEMENT OR ARE NOT AUTHORISED TO ACCEPT AND AGREE TO THE TERMS OF THE
60+ AGREEMENT ON BEHALF OF YOUR LEGAL ENTITY, DO NOT DOWNLOAD, INSTALL OR
61+ OTHERWISE USE THE SOFTWARE.
62+</p>
63+
64+
65+<h2>1. DEFINITIONS.</h2>
66+<p>
67+ <strong>1.1 <em>"Samsung Product"</em></strong> means any of integrated
68+ circuit product(s), including but not limited to system on chip products,
69+ made by or for Samsung with which the Software was designed to be used.
70+</p>
71+
72+<p>
73+ <strong>1.2 <em>"Software"</em></strong> shall mean the software in binary form
74+ and all other machine readable materials that are included with such
75+ software or intended for use with it, including (a) any updates or error
76+ corrections and (b) any documentation including user manuals that you
77+ obtain from Samsung via on-line transmission through Linaro’s official websites.
78+</p>
79+
80+<p>
81+ <strong>1.3 <em>“Use”</em></strong> means in respect of the Software,
82+ the use of (including copying the Software to the extent that such
83+ copying is incidental to such use, including installation, backup and
84+ execution) the Software, or any part thereof. Use shall specifically
85+ exclude: (i) the translation, adaptation, arrangement or other
86+ alteration of the Software except as allowed by local legislation
87+ implementing Article 6 of the EC Directive on the legal protection of
88+ computer programs (91/250/EEC) and then only to the extent necessary to
89+ achieve interoperability of an independently created program with other
90+ programs; and (ii) the adapting or reverse compiling of the Software for
91+ the purpose of error correction.
92+</p>
93+
94+
95+<h2>2. LICENSE GRANT; OWNERSHIP</h2>
96+
97+<p>
98+ <strong>2.1 License Grants.</strong> Subject to the terms and conditions
99+ of this Agreement, Samsung hereby grants to Licensee, a non-exclusive,
100+ non-transferable, limited license, to Use, without right to sublicense
101+ or distribute, the Software, solely to the extent required in order to
102+ develop and/or test Licensee software applications for use solely with
103+ Samsung Product, and only if in compliance with all the provisions
104+ herein.
105+</p>
106+
107+<p>
108+ <strong>2.2 Restriction on Modification.</strong> Licensee shall not
109+ modify, alter, adapt, reverse engineer, decompile, disassemble the
110+ Software or make any attempts to create non-licensed derivative works from
111+ the Software and otherwise use the Software in any manner not specifically
112+ authorized by this Agreement.
113+</p>
114+
115+<p>
116+ Licensee acknowledges that the Software may contain open source
117+ software, subject to applicable open source licenses, provided by
118+ Samsung for Licensee’s convenience. It is Licensee’s responsibility to
119+ comply with the terms and conditions, including but not limited to any
120+ modification rights, of those licenses. Source codes for these portions
121+ of the Software may be obtained separately through applicable sources.
122+</p>
123+
124+<p>
125+ Except for those portions of the Software clearly specified as open
126+ source, Licensee represents and warrants that it will not take any
127+ action that would create obligations that would conflict with Licensee's
128+ obligations hereunder, including without limitation, using the Software
129+ to merge with, link to, make function calls to, or share data structures
130+ with software available under an Open Source License Licensee shall
131+ defend and indemnify Samsung against all liabilities, losses, damages,
132+ costs and expenses relating to or arising out of a breach by Licensee of
133+ the foregoing representation and warranty. Open Source Licenses
134+ includes, without limitation, a software license that requires as a
135+ condition of use, modification, and/or distribution of such software
136+ that such software or other software incorporated into, derived from or
137+ distributed with such software be (a) disclosed or distributed in source
138+ code form; (b) be licensed for the purpose of making derivative works;
139+ or (c) be redistributable at no charge.
140+</p>
141+
142+<p>
143+ <strong>2.3 Restriction on Distribution.</strong> Licensee shall not
144+ distribute, rent, lease, and/or lend the Software and any copies thereof
145+ to any third parties (individuals or legal entities).
146+</p>
147+
148+<p>
149+ <strong>2.4 Proprietary Notices.</strong>
150+ Licensee shall not remove, efface or obscure any copyright or trademark
151+ notices from the Software. Licensee shall include reproductions of the
152+ Samsung copyright notice with each copy, if any, of the
153+ Software. Licensee acknowledges that any symbols, trademarks, trade
154+ names, and service marks adopted by Samsung to identify the Software
155+ belong to Samsung and that Licensee shall have no rights therein.
156+</p>
157+
158+<p>
159+ <strong>2.5 Ownership.</strong>
160+ Samsung and its licensors shall retain all right, title and interest,
161+ including all intellectual property rights, in and to the
162+ Software. Licensee hereby covenants that it will not assert any claim
163+ that the Software infringes any intellectual property right owned or
164+ controlled by Licensee.
165+</p>
166+
167+<p>
168+ <strong>2.6 No Other Rights Granted.</strong>
169+ Apart from the license rights expressly set forth in this Agreement,
170+ Samsung does not grant and Licensee does not receive any ownership
171+ right, title or interest nor any security interest or other interest in
172+ any intellectual property rights relating to the Software, nor in any
173+ copy of any part of the foregoing.
174+</p>
175+
176+
177+<h2>3. NO WARRANTY OR SUPPORT</h2>
178+
179+<p>
180+ <strong>3.1 No Warranty.</strong>
181+ THE SOFTWARE IS OFFERED "AS IS." SAMSUNG AND ITS LICENSORS GRANT AND
182+ LICENSEE RECEIVES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY
183+ STATUTE, COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE. SAMSUNG
184+ SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
185+ FITNESS FOR A SPECIFIC PURPOSE OR NONINFRINGEMENT CONCERNING THE
186+ SOFTWARE. WITHOUT LIMITATION OF THE ABOVE, SAMSUNG DISCLAIMS ANY
187+ WARRANTY THAT THE SOFTWARE IS BUG OR ERROR-FREE OR WILL OPERATE WITHOUT
188+ INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE RESULTS
189+ THEREFROM INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY OR
190+ RELIABILITY.
191+</p>
192+
193+<p>
194+ <strong>3.2 No Support.</strong>
195+ Nothing in this Agreement shall obligate Samsung to provide any support
196+ for the Software. Samsung may, but shall be under no obligation to,
197+ correct any defects in the Software and/or provide updates via Linaro’s
198+ website. Licensee shall make reasonable efforts to promptly report to
199+ Samsung any defects it finds in the Software, as an aid to creating
200+ improved revisions of the Software.
201+</p>
202+
203+<p>
204+ <strong>3.3 Dangerous Applications.</strong>
205+ The Software is not designed, intended, or certified for use in
206+ components of systems intended for the operation of weapons, weapons
207+ systems, nuclear installations, means of mass transportation, aviation,
208+ life-support computers or equipment (including resuscitation equipment
209+ and surgical implants), pollution control, hazardous substances
210+ management, or for any other dangerous application in which the failure
211+ of the Software could create a situation where personal injury or death
212+ may occur. Licensee understands that use of the Software in such
213+ applications is fully at the risk of Licensee.
214+</p>
215+
216+
217+<h2>4. TERM AND TERMINATION</h2>
218+
219+<p>
220+ <strong>4.1 Term and Termination.</strong>
221+ This Agreement is effective until terminated. Samsung may immediately
222+ terminate and cancel this Agreement and the licenses granted hereunder
223+ upon written notice to Licensee at any time with or without
224+ cause. Licensee may terminate this Agreement at any time by (i)
225+ completely removing the Software and any copies thereof from its system
226+ and (ii) notifying in writing Samsung of Licensee’s intent to terminate
227+ this Agreement.
228+</p>
229+
230+<p>
231+ <strong>4.2 Effect of Termination.</strong> Upon any termination of this
232+ Agreement, the rights and licenses granted to Licensee under this
233+ Agreement shall immediately terminate. Upon termination, Licensee shall
234+ destroy all copies of the Software in its possession or control and
235+ cease all use.
236+</p>
237+
238+<p>
239+ <strong>4.3 Survival.</strong> The provisions of Sections 1, 2.2, 2.3,
240+ 2.4, 2.5, 2.6, 3, 4, 5, and 6 shall survive the termination of this
241+ Agreement.
242+</p>
243+
244+<h2>5. LIMITATION OF LIABILITY</h2>
245+
246+<p>
247+ TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SAMSUNG OR ANY OF
248+ SAMSUNG'S LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY, DIRECT AND
249+ INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED
250+ AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT
251+ (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THIS AGREEMENT,
252+ INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, EVEN IF ADVISED OF THE
253+ POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY
254+ NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
255+ REMEDY. IN ADDITION TO THE FOREGOINGS, SAMSUNG HAS NO LIABILITY TO THE
256+ LICENSEEE IF THE SOFTWARE INFRINGES OR IS ALLGEDED TO INFRINGE THE RIGHT
257+ OF ANY THIRD PARTY.
258+</p>
259+
260+<h2>6. MISCELLANEOUS</h2>
261+
262+<p>
263+ <strong>6.1 Assignment.</strong> Licensee may not assign this Agreement
264+ or any rights or obligation hereunder, directly or indirectly, by
265+ operation of law or otherwise, without the prior written consent of
266+ Samsung, and any such attempted assignment shall be void.
267+</p>
268+
269+<p>
270+ <strong>6.2 Governing Law; Venue.</strong>
271+ This Agreement shall be governed by and construed in accordance with the
272+ laws of the Republic of Korea, excluding conflict of laws provisions
273+ which may direct the application of another jurisdiction’s laws and the
274+ United Nations Convention on Contracts for the International Sale of
275+ Goods. All disputes, controversies or differences which may arise out of
276+ or in relation to or in connection with this Agreement, shall be shall
277+ be submit to the jurisdiction of the Suwon Civil Court, Korea.
278+</p>
279+
280+<p>
281+ <strong>6.3 Severability.</strong>
282+ All terms and provisions of this Agreement shall, if possible, be
283+ construed in a manner which makes them valid, but in the event any term
284+ or provision of this Agreement is found by a court of competent
285+ jurisdiction to be illegal or unenforceable, the validity or
286+ enforceability of the remainder of this Agreement shall not be affected
287+ if the illegal or unenforceable provision does not materially affect the
288+ intent of this Agreement. If the illegal or unenforceable provision
289+ materially affects the intent of the parties to this Agreement, this
290+ Agreement shall become terminated.
291+</p>
292+
293+<p>
294+ <strong>6.4 Equitable Relief.</strong>
295+ Licensee hereby acknowledges that its breach of this Agreement would
296+ cause irreparable harm and significant injury to Samsung that may be
297+ difficult to ascertain and that a remedy at law would be
298+ inadequate. Accordingly, Licensee agrees that Samsung shall have the
299+ right to seek and obtain immediate injunctive relief to enforce
300+ obligations under the Agreement in addition to any other rights and
301+ remedies it may have.
302+</p>
303+
304+<p>
305+ <strong>6.5 Export Regulations.</strong>
306+ Licensee agrees and warrants that it shall comply, at its own expense,
307+ with any applicable export and import laws, restrictions, national
308+ security controls and regulations.
309+</p>
310+
311+<p>
312+ <strong>6.6 Entire Agreement.</strong>
313+ This Agreement sets forth the entire Agreement between Samsung and
314+ Licensee relating to this subject matter.
315+</p>
316
317=== modified file 'licenses/ste.html'
318--- licenses/ste.html 2012-03-27 09:53:11 +0000
319+++ licenses/ste.html 2012-04-20 16:05:22 +0000
320@@ -110,7 +110,7 @@
321 <div id="content">
322
323 <div id="license-text">
324-<iframe id="eula" frameborder=0 src="EULA.txt"></iframe>
325+EULA.txt
326 </div><!-- license-text -->
327
328 </div><!-- content -->
329
330=== added file 'licenses/ste.txt'
331--- licenses/ste.txt 1970-01-01 00:00:00 +0000
332+++ licenses/ste.txt 2012-04-20 16:05:22 +0000
333@@ -0,0 +1,296 @@
334+<p>
335+ This Agreement is a legally binding contract between you - either an
336+ individual or a legal entity - (hereinafter referred to as "Licensee")
337+ and ST-Ericsson SA, a company incorporated under the laws of
338+ Switzerland (hereinafter referred to as "ST-Ericsson").
339+</p>
340+
341+<p>
342+ IMPORTANT - PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. THIS IS A
343+ LEGALLY BINDING AGREEMENT. BY CLICKING THE "ACCEPT" BUTTON BELOW, OR
344+ BY DOWNLOADING OR INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU
345+ AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE
346+ TO THE TERMS OF THIS AGREEMENT OR ARE NOT AUTHORISED TO ACCEPT AND
347+ AGREE TO THE TERMS OF THE AGREEMENT, DO NOT DOWNLOAD, INSTALL OR
348+ OTHERWISE USE THE SOFTWARE.
349+</p>
350+
351+<p>
352+ ST-Ericsson and Licensee are each hereinafter also referred to as the
353+ "Party" and, collectively, as the "Parties."
354+</p>
355+
356+<h2>
357+ 1 DEFINITIONS
358+</h2>
359+
360+<p>
361+ 1.1 Wherever used in this Agreement, the following terms shall have
362+ the meanings set forth below:
363+</p>
364+
365+<p>
366+ "Licensee's Applications" means applications and other software
367+ developed by Licensee which are intended to interface with and/or run
368+ on the Snowball Kit.
369+</p>
370+
371+<p>
372+ "Limited License Purpose" shall mean the limited license granted under Article 2.1 below.
373+</p>
374+
375+<p>
376+ "Snowball Kit" means the hardware products "SKY-S9500-ULP-Cxy"
377+ where x and y are integers between "0" and "9".
378+</p>
379+
380+<p>
381+ "Software" shall mean the ST-Ericsson's software for the A9500
382+ platform delivered in binary or in source for the related header
383+ files, including any copies and new releases thereof.
384+</p>
385+
386+<p>
387+ 1.2 Other capitalized expressions used in this Agreement shall have
388+ the meanings respectively assigned to them elsewhere in this
389+ Agreement.
390+</p>
391+
392+<p>
393+ 1.3 Words indicating the singular only also include the plural and
394+ vice-versa, where the context so requires.
395+</p>
396+
397+<p>
398+ 1.4 The headings of the Articles in this Agreement are for convenience
399+ only and shall not affect the interpretation of this Agreement.
400+</p>
401+
402+<h2>2 LICENSE GRANT</h2>
403+
404+<p>
405+ 2.1 Subject to the terms and conditions in this Agreement, STEricsson
406+ hereby grants to Licensee a non-exclusive, non-transferable, limited
407+ license to use and reproduce the Software solely to the extent
408+ required in order to (i) develop Licensee's Applications that
409+ interface with and/or run with the Snowball Kit; and (ii) integrate
410+ the Software with Licensee Application and/or third party software;
411+ and (iii) conduct development testing of the Licensee's Applications'
412+ or third party software operation in conjunction with the Snowball Kit
413+ and/or Licensee's demonstration of such Licensee's Applications in
414+ conjunction with the Snowball Kit (hereinafter "Limited License
415+ Purpose"). The Licensee is entitled to flash the Software on a
416+ commercial product containg the Snowball Kit. The aforesaid license to
417+ the Software is provided that all and any use of the Software is
418+ solely and exclusively used on the Snowball Kit.
419+</p>
420+
421+<p>
422+ 2.2 Some portion of the Software might contain Open Source
423+ Software. Such Open Source Software might be subject to Open Source
424+ Terms applicable for each such portion, as further specified in the
425+ Software. Such Open Source Software is supplied to Licensee solely
426+ under the applicable Open Source Terms and is not subject to the terms
427+ of this Agreement.
428+</p>
429+
430+<p>
431+ 2.3 Licensee shall not, and shall not permit any third party to alter,
432+ change, modify, adapt, decompile, disassemble, compile or reverse
433+ engineer or remove or circumvent any protection or other restrictive
434+ technology mechanism of the the Software and/or any and all parts
435+ thereof, or otherwise use, sub-license, assign or pledge the Software
436+ and/or any and all parts thereof other than what is expressly
437+ permitted in accordance with this Agreement.
438+</p>
439+
440+<p>
441+ 2.4 ST-Ericsson shall retain on behalf of itself or the original owner
442+ all right title and interest to any ST-Ericsson Intellectual Property
443+ Rights, including but not limited to any patents, trademarks,
444+ copyrights, and trade secret rights, and title to copies of any and
445+ all media bearing the Software or the Snowball Kit and/or any and all
446+ parts thereof, and the Licensee acquires no interest under this
447+ Agreement to any ST-Ericsson Intellectual Property Rights or other
448+ rights other than the Limited License Purpose expressly set forth in
449+ this Article 2.
450+</p>
451+
452+<p>
453+ 2.5 Notwithstanding anything to the contrary herein, nothing contained
454+ hereunder shall be construed as conferring any right, license or
455+ immunity, either directly or by implication, estoppel or otherwise to
456+ Licensee or any third party: (i) under any intellectual property
457+ rights of any third party; specifically, without limiting the
458+ generality of the foregoing, the sale and use of the Products are not
459+ licensed under any patents of Telefonaktiebolaget LM Ericsson, or any
460+ affiliates of such company; (ii) under any intellectual property
461+ rights of STEricsson other than explicitly granted under in this
462+ Agreement; or (iii) with respect to any trademark, trade or brand
463+ name, a corporate name of ST-Ericsson, or any other name or mark, or
464+ contraction abbreviation or simulation thereof.
465+</p>
466+
467+
468+<h2>3 DELIVERY</h2>
469+
470+<p>
471+ 3.1 All deliveries of the Software are EX-WORKS (Incoterms 2000) at
472+ ST-Ericsson's indicated facility.
473+</p>
474+
475+
476+<h2>4 NO REPRESENTATIONS OR WARRANTIES</h2>
477+
478+<p>
479+ 4.1 The Software is delivered "as is" and all representations and
480+ warranties, express or implied, are hereby disclaimed, including, but
481+ not limited to that:
482+</p>
483+
484+<p>
485+ a) the Software or any part thereof is accurate or reliable for any
486+ purposes whatsoever; and
487+</p>
488+
489+<p>
490+ b) the use of the Software does not infringe any rights that may be
491+ held by a third party in respect of any such information.
492+</p>
493+
494+<p>
495+ 4.2 Licensee acknowledges and agrees that any use of the Software
496+ and/or the Snowball Kit, or any other part thereof, or any use of
497+ Licensee's Applications is at Licensee's sole risk.
498+</p>
499+
500+<h2>5 WARRANTY DISCLAIMER AND GENERAL LIMITATION OF LIABILITY</h2>
501+
502+<p>
503+ 5.1 THE SOFTWARE AND/OR SNOWBALL KIT AND ANY AND ALL PARTS THEREOF ARE
504+ PROVIDED "AS IS". ST-ERICSSON MAKES NO REPRESENTATIONS OR WARRANTIES
505+ WITH RESPECT TO THE SOFTWARE AND/OR SNOWBALL KIT AND OR PARTS THEREOF
506+ WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
507+ WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
508+ PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE
509+ FOREGOING, ST-ERICSSON MAKES NO REPRESENTATION OR WARRANTY THAT (I)
510+ THE USE OF THE SOFTWARE AND/OR SNOWBALL KIT AND OR PARTS THEREOF WILL
511+ BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND OR
512+ DISTRIBUTION OF THE SOFTWARE AND/OR SNOWBALL KIT AND OR PARTS THEREOF,
513+ WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM
514+ INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND IT
515+ SHALL BE THE SOLE RESPONSIBILITY OF LICENSEE TO MAKE SUCH
516+ DETERMINATION AS IS NECESSARY WITH RESPECT TO THE ACQUISITION OF
517+ LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD
518+ PARTIES. CONSEQUENTLY, IN NO EVENT SHALL ST-ERICSSON, ITS AFFILIATES
519+ OR THEIR SUPPLIERS BE LIABLE TO LICENSEE FOR ANY LOSS OR DAMAGES
520+ (WHETHER DIRECT, INDRECT OR CONSEQUENTIAL) ARISING FROM ANY USE AND OR
521+ DISTRIBUTION OF THE SOFTWARE AND/OR SNOWBALL KIT AND OR PARTS THEREOF,
522+ WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, AND OR ARISING BY
523+ REASON OF THE FACT THAT THE SOFTWARE AND/OR SNOWBALL KIT AND OR ANY
524+ PARTS THEREOF ARE DEFECTIVE OR NON-CONFORMING AND OR ARISING FROM THIS
525+ AGREEMENT AND OR ANY BREACH THEREOF.
526+</p>
527+
528+<p>
529+ 5.2 THE PARTIES AGREE THAT ANY RIGHTS AND REMEDIES THE LICENSEE MAY
530+ HAVE AND OR ANY OBLIGATIONS THAT ST-ERICSSON MAY HAVE ACCORDING TO LAW
531+ OR OTHERWISE WITH RESPECT TO ERRORS AND DEFECTS IN THE SOFTWARE AND/OR
532+ OTHER DELIVERABLES AND/OR IN ANY PART THEREOF SHALL HEREBY BE
533+ DISCLAIMED.
534+</p>
535+
536+<h2>
537+ 6 TERMINATION
538+</h2>
539+
540+<p>
541+ 6.1 The license and this Agreement are effective until terminated.
542+</p>
543+
544+<p>
545+ 6.2 Licensee agrees that each of the terms and conditions set out in
546+ this Agreement are material and that failure of Licensee to comply
547+ with these terms and conditions shall constitute sufficient cause for
548+ ST-Ericsson to terminate this Agreement. The aforesaid is without any
549+ prejudice to other rights ST-Ericsson may have in case of breach of
550+ this Agreement.
551+</p>
552+
553+<p>
554+ 6.3 In the event of termination of this Agreement Licensee shall
555+ immediately destroy all copies of the Software, including all portions
556+ and derivatives thereof.
557+</p>
558+
559+<h2>
560+ 7 EXPORT CONTROL
561+</h2>
562+
563+<p>
564+ 7.1 Licensee recognizes that the Software or any parts thereof may be
565+ subject to import and export regulations in certain
566+ countries. Licensee agrees that it will not knowingly export,
567+ re-export or import products, technology or Software, or any parts
568+ thereof, of ST-Ericsson, directly or indirectly, to any country to the
569+ extent export to such country at the time of export requires an export
570+ license or other governmental approval under any export control laws
571+ and regulations, without first obtaining such license or approval.
572+</p>
573+
574+<h2>
575+ 8 COMPLIANCE WITH LAWS
576+</h2>
577+
578+<p>
579+ 8.1 Licensee agrees not to use the Software in violation of, and to
580+ comply with any and all applicable law, statute, ordinance or other
581+ regulation.
582+</p>
583+
584+<h2>
585+ 9 ENTIRE AGREEMENT
586+</h2>
587+
588+<p>
589+ 9.1 This is the entire agreement between Licensee and ST-Ericsson on
590+ the subject matter of this Agreement, and supersedes all
591+ representations, undertakings and agreements previously made between
592+ the Parties with respect to the subject matter of this Agreement.
593+</p>
594+
595+<h2>
596+ 10 SEVERABILITY
597+</h2>
598+
599+<p>
600+ 10.1 If a court or agency of competent jurisdiction holds any term of
601+ this Agreement invalid, illegal, or unenforceable for any reason, the
602+ remainder of this Agreement shall be valid and enforceable and such
603+ term shall be substituted by a valid and enforceable provision so as
604+ to the best accomplish the objectives of such provision in this
605+ Agreement.
606+</p>
607+
608+<h2>
609+ 11 GOVERNING LAW AND JURISDICTION
610+</h2>
611+
612+<p>
613+ 11.1 This Agreement shall be governed by and construed in accordance
614+ with the laws of Switzerland, without regard to its conflict of laws
615+ rules. The application of The United Nations Convention of Contracts
616+ for the International Sale of Goods is explicitly excluded.
617+</p>
618+
619+<p>
620+ 11.2 Any and all disputes, differences or questions arising out of or
621+ in connection with this Agreement shall be under the exclusive
622+ jurisdiction of the Swiss courts and the venue shall be Geneva.
623+</p>
624+
625+<p>
626+ 11.3 Notwithstanding the aforesaid, nothing in this Article 11 shall
627+ prevent the Parties from seeking any interim or final injunctive or
628+ equitable relief by a court of competent jurisdiction.
629+</p>

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