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

Preview Diff

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=== modified file 'licenses/license.php'
--- licenses/license.php 2012-03-27 13:57:57 +0000
+++ licenses/license.php 2012-04-20 16:05:22 +0000
@@ -3,7 +3,6 @@
3 $lic = $_SERVER["QUERY_STRING"];3 $lic = $_SERVER["QUERY_STRING"];
4 $host = $_SERVER["HTTP_HOST"];4 $host = $_SERVER["HTTP_HOST"];
5 $doc = $_SERVER["DOCUMENT_ROOT"];5 $doc = $_SERVER["DOCUMENT_ROOT"];
6 $eula = $_COOKIE["eula"];
7 $fn = $doc.$down;6 $fn = $doc.$down;
8 if (file_exists($fn) and is_file($fn)) {7 if (file_exists($fn) and is_file($fn)) {
9 $repl = dirname($down);8 $repl = dirname($down);
@@ -11,15 +10,9 @@
11 $repl = $down;10 $repl = $down;
12 }11 }
1312
14 $handle = @fopen($doc."/licenses/".$lic.".html", "r");13 $template_content = file_get_contents($doc."/licenses/".$lic.".html");
15 if ($handle) {14 $eula_content = file_get_contents($doc."/licenses/".$lic.".txt");
16 while (($buffer = fgets($handle, 4096)) !== false) {15
17 $eula = str_replace("src=\"EULA.txt\"", "src=".$repl."/EULA.txt", $buffer);16 $out = str_replace("EULA.txt", $eula_content, $template_content);
18 echo $eula;17 echo $out;
19 }
20 if (!feof($handle)) {
21 echo "Error: unexpected fgets() fail\n";
22 }
23 fclose($handle);
24 }
25?>18?>
2619
=== modified file 'licenses/samsung.html'
--- licenses/samsung.html 2012-03-27 13:57:57 +0000
+++ licenses/samsung.html 2012-04-20 16:05:22 +0000
@@ -101,7 +101,7 @@
101<div id="content">101<div id="content">
102102
103<div id="license-text">103<div id="license-text">
104<iframe id="eula" frameborder=0 src="EULA.txt"></iframe>104EULA.txt
105</div><!-- license-text -->105</div><!-- license-text -->
106106
107<div id="actions">107<div id="actions">
108108
=== added file 'licenses/samsung.txt'
--- licenses/samsung.txt 1970-01-01 00:00:00 +0000
+++ licenses/samsung.txt 2012-04-20 16:05:22 +0000
@@ -0,0 +1,265 @@
1<p>IMPORTANT — PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.</p>
2
3<p>
4 THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, an individual or a
5 legal entity, (“LICENSEE”) AND SAMSUNG ELECTRONICS CO.,
6 LTD. (“SAMSUNG”). BY CLICKING THE "ACCEPT" BUTTON, OR BY DOWNLOADING OR
7 INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE
8 TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
9 AGREEMENT OR ARE NOT AUTHORISED TO ACCEPT AND AGREE TO THE TERMS OF THE
10 AGREEMENT ON BEHALF OF YOUR LEGAL ENTITY, DO NOT DOWNLOAD, INSTALL OR
11 OTHERWISE USE THE SOFTWARE.
12</p>
13
14
15<h2>1. DEFINITIONS.</h2>
16<p>
17 <strong>1.1 <em>"Samsung Product"</em></strong> means any of integrated
18 circuit product(s), including but not limited to system on chip products,
19 made by or for Samsung with which the Software was designed to be used.
20</p>
21
22<p>
23 <strong>1.2 <em>"Software"</em></strong> shall mean the software in binary form
24 and all other machine readable materials that are included with such
25 software or intended for use with it, including (a) any updates or error
26 corrections and (b) any documentation including user manuals that you
27 obtain from Samsung via on-line transmission through Linaro’s official websites.
28</p>
29
30<p>
31 <strong>1.3 <em>“Use”</em></strong> means in respect of the Software,
32 the use of (including copying the Software to the extent that such
33 copying is incidental to such use, including installation, backup and
34 execution) the Software, or any part thereof. Use shall specifically
35 exclude: (i) the translation, adaptation, arrangement or other
36 alteration of the Software except as allowed by local legislation
37 implementing Article 6 of the EC Directive on the legal protection of
38 computer programs (91/250/EEC) and then only to the extent necessary to
39 achieve interoperability of an independently created program with other
40 programs; and (ii) the adapting or reverse compiling of the Software for
41 the purpose of error correction.
42</p>
43
44
45<h2>2. LICENSE GRANT; OWNERSHIP</h2>
46
47<p>
48 <strong>2.1 License Grants.</strong> Subject to the terms and conditions
49 of this Agreement, Samsung hereby grants to Licensee, a non-exclusive,
50 non-transferable, limited license, to Use, without right to sublicense
51 or distribute, the Software, solely to the extent required in order to
52 develop and/or test Licensee software applications for use solely with
53 Samsung Product, and only if in compliance with all the provisions
54 herein.
55</p>
56
57<p>
58 <strong>2.2 Restriction on Modification.</strong> Licensee shall not
59 modify, alter, adapt, reverse engineer, decompile, disassemble the
60 Software or make any attempts to create non-licensed derivative works from
61 the Software and otherwise use the Software in any manner not specifically
62 authorized by this Agreement.
63</p>
64
65<p>
66 Licensee acknowledges that the Software may contain open source
67 software, subject to applicable open source licenses, provided by
68 Samsung for Licensee’s convenience. It is Licensee’s responsibility to
69 comply with the terms and conditions, including but not limited to any
70 modification rights, of those licenses. Source codes for these portions
71 of the Software may be obtained separately through applicable sources.
72</p>
73
74<p>
75 Except for those portions of the Software clearly specified as open
76 source, Licensee represents and warrants that it will not take any
77 action that would create obligations that would conflict with Licensee's
78 obligations hereunder, including without limitation, using the Software
79 to merge with, link to, make function calls to, or share data structures
80 with software available under an Open Source License Licensee shall
81 defend and indemnify Samsung against all liabilities, losses, damages,
82 costs and expenses relating to or arising out of a breach by Licensee of
83 the foregoing representation and warranty. Open Source Licenses
84 includes, without limitation, a software license that requires as a
85 condition of use, modification, and/or distribution of such software
86 that such software or other software incorporated into, derived from or
87 distributed with such software be (a) disclosed or distributed in source
88 code form; (b) be licensed for the purpose of making derivative works;
89 or (c) be redistributable at no charge.
90</p>
91
92<p>
93 <strong>2.3 Restriction on Distribution.</strong> Licensee shall not
94 distribute, rent, lease, and/or lend the Software and any copies thereof
95 to any third parties (individuals or legal entities).
96</p>
97
98<p>
99 <strong>2.4 Proprietary Notices.</strong>
100 Licensee shall not remove, efface or obscure any copyright or trademark
101 notices from the Software. Licensee shall include reproductions of the
102 Samsung copyright notice with each copy, if any, of the
103 Software. Licensee acknowledges that any symbols, trademarks, trade
104 names, and service marks adopted by Samsung to identify the Software
105 belong to Samsung and that Licensee shall have no rights therein.
106</p>
107
108<p>
109 <strong>2.5 Ownership.</strong>
110 Samsung and its licensors shall retain all right, title and interest,
111 including all intellectual property rights, in and to the
112 Software. Licensee hereby covenants that it will not assert any claim
113 that the Software infringes any intellectual property right owned or
114 controlled by Licensee.
115</p>
116
117<p>
118 <strong>2.6 No Other Rights Granted.</strong>
119 Apart from the license rights expressly set forth in this Agreement,
120 Samsung does not grant and Licensee does not receive any ownership
121 right, title or interest nor any security interest or other interest in
122 any intellectual property rights relating to the Software, nor in any
123 copy of any part of the foregoing.
124</p>
125
126
127<h2>3. NO WARRANTY OR SUPPORT</h2>
128
129<p>
130 <strong>3.1 No Warranty.</strong>
131 THE SOFTWARE IS OFFERED "AS IS." SAMSUNG AND ITS LICENSORS GRANT AND
132 LICENSEE RECEIVES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY
133 STATUTE, COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE. SAMSUNG
134 SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
135 FITNESS FOR A SPECIFIC PURPOSE OR NONINFRINGEMENT CONCERNING THE
136 SOFTWARE. WITHOUT LIMITATION OF THE ABOVE, SAMSUNG DISCLAIMS ANY
137 WARRANTY THAT THE SOFTWARE IS BUG OR ERROR-FREE OR WILL OPERATE WITHOUT
138 INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE RESULTS
139 THEREFROM INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY OR
140 RELIABILITY.
141</p>
142
143<p>
144 <strong>3.2 No Support.</strong>
145 Nothing in this Agreement shall obligate Samsung to provide any support
146 for the Software. Samsung may, but shall be under no obligation to,
147 correct any defects in the Software and/or provide updates via Linaro’s
148 website. Licensee shall make reasonable efforts to promptly report to
149 Samsung any defects it finds in the Software, as an aid to creating
150 improved revisions of the Software.
151</p>
152
153<p>
154 <strong>3.3 Dangerous Applications.</strong>
155 The Software is not designed, intended, or certified for use in
156 components of systems intended for the operation of weapons, weapons
157 systems, nuclear installations, means of mass transportation, aviation,
158 life-support computers or equipment (including resuscitation equipment
159 and surgical implants), pollution control, hazardous substances
160 management, or for any other dangerous application in which the failure
161 of the Software could create a situation where personal injury or death
162 may occur. Licensee understands that use of the Software in such
163 applications is fully at the risk of Licensee.
164</p>
165
166
167<h2>4. TERM AND TERMINATION</h2>
168
169<p>
170 <strong>4.1 Term and Termination.</strong>
171 This Agreement is effective until terminated. Samsung may immediately
172 terminate and cancel this Agreement and the licenses granted hereunder
173 upon written notice to Licensee at any time with or without
174 cause. Licensee may terminate this Agreement at any time by (i)
175 completely removing the Software and any copies thereof from its system
176 and (ii) notifying in writing Samsung of Licensee’s intent to terminate
177 this Agreement.
178</p>
179
180<p>
181 <strong>4.2 Effect of Termination.</strong> Upon any termination of this
182 Agreement, the rights and licenses granted to Licensee under this
183 Agreement shall immediately terminate. Upon termination, Licensee shall
184 destroy all copies of the Software in its possession or control and
185 cease all use.
186</p>
187
188<p>
189 <strong>4.3 Survival.</strong> The provisions of Sections 1, 2.2, 2.3,
190 2.4, 2.5, 2.6, 3, 4, 5, and 6 shall survive the termination of this
191 Agreement.
192</p>
193
194<h2>5. LIMITATION OF LIABILITY</h2>
195
196<p>
197 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SAMSUNG OR ANY OF
198 SAMSUNG'S LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY, DIRECT AND
199 INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED
200 AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT
201 (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THIS AGREEMENT,
202 INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, EVEN IF ADVISED OF THE
203 POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY
204 NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
205 REMEDY. IN ADDITION TO THE FOREGOINGS, SAMSUNG HAS NO LIABILITY TO THE
206 LICENSEEE IF THE SOFTWARE INFRINGES OR IS ALLGEDED TO INFRINGE THE RIGHT
207 OF ANY THIRD PARTY.
208</p>
209
210<h2>6. MISCELLANEOUS</h2>
211
212<p>
213 <strong>6.1 Assignment.</strong> Licensee may not assign this Agreement
214 or any rights or obligation hereunder, directly or indirectly, by
215 operation of law or otherwise, without the prior written consent of
216 Samsung, and any such attempted assignment shall be void.
217</p>
218
219<p>
220 <strong>6.2 Governing Law; Venue.</strong>
221 This Agreement shall be governed by and construed in accordance with the
222 laws of the Republic of Korea, excluding conflict of laws provisions
223 which may direct the application of another jurisdiction’s laws and the
224 United Nations Convention on Contracts for the International Sale of
225 Goods. All disputes, controversies or differences which may arise out of
226 or in relation to or in connection with this Agreement, shall be shall
227 be submit to the jurisdiction of the Suwon Civil Court, Korea.
228</p>
229
230<p>
231 <strong>6.3 Severability.</strong>
232 All terms and provisions of this Agreement shall, if possible, be
233 construed in a manner which makes them valid, but in the event any term
234 or provision of this Agreement is found by a court of competent
235 jurisdiction to be illegal or unenforceable, the validity or
236 enforceability of the remainder of this Agreement shall not be affected
237 if the illegal or unenforceable provision does not materially affect the
238 intent of this Agreement. If the illegal or unenforceable provision
239 materially affects the intent of the parties to this Agreement, this
240 Agreement shall become terminated.
241</p>
242
243<p>
244 <strong>6.4 Equitable Relief.</strong>
245 Licensee hereby acknowledges that its breach of this Agreement would
246 cause irreparable harm and significant injury to Samsung that may be
247 difficult to ascertain and that a remedy at law would be
248 inadequate. Accordingly, Licensee agrees that Samsung shall have the
249 right to seek and obtain immediate injunctive relief to enforce
250 obligations under the Agreement in addition to any other rights and
251 remedies it may have.
252</p>
253
254<p>
255 <strong>6.5 Export Regulations.</strong>
256 Licensee agrees and warrants that it shall comply, at its own expense,
257 with any applicable export and import laws, restrictions, national
258 security controls and regulations.
259</p>
260
261<p>
262 <strong>6.6 Entire Agreement.</strong>
263 This Agreement sets forth the entire Agreement between Samsung and
264 Licensee relating to this subject matter.
265</p>
0266
=== modified file 'licenses/ste.html'
--- licenses/ste.html 2012-03-27 09:53:11 +0000
+++ licenses/ste.html 2012-04-20 16:05:22 +0000
@@ -110,7 +110,7 @@
110<div id="content">110<div id="content">
111111
112<div id="license-text">112<div id="license-text">
113<iframe id="eula" frameborder=0 src="EULA.txt"></iframe>113EULA.txt
114</div><!-- license-text -->114</div><!-- license-text -->
115115
116</div><!-- content -->116</div><!-- content -->
117117
=== added file 'licenses/ste.txt'
--- licenses/ste.txt 1970-01-01 00:00:00 +0000
+++ licenses/ste.txt 2012-04-20 16:05:22 +0000
@@ -0,0 +1,296 @@
1<p>
2 This Agreement is a legally binding contract between you - either an
3 individual or a legal entity - (hereinafter referred to as "Licensee")
4 and ST-Ericsson SA, a company incorporated under the laws of
5 Switzerland (hereinafter referred to as "ST-Ericsson").
6</p>
7
8<p>
9 IMPORTANT - PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. THIS IS A
10 LEGALLY BINDING AGREEMENT. BY CLICKING THE "ACCEPT" BUTTON BELOW, OR
11 BY DOWNLOADING OR INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU
12 AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE
13 TO THE TERMS OF THIS AGREEMENT OR ARE NOT AUTHORISED TO ACCEPT AND
14 AGREE TO THE TERMS OF THE AGREEMENT, DO NOT DOWNLOAD, INSTALL OR
15 OTHERWISE USE THE SOFTWARE.
16</p>
17
18<p>
19 ST-Ericsson and Licensee are each hereinafter also referred to as the
20 "Party" and, collectively, as the "Parties."
21</p>
22
23<h2>
24 1 DEFINITIONS
25</h2>
26
27<p>
28 1.1 Wherever used in this Agreement, the following terms shall have
29 the meanings set forth below:
30</p>
31
32<p>
33 "Licensee's Applications" means applications and other software
34 developed by Licensee which are intended to interface with and/or run
35 on the Snowball Kit.
36</p>
37
38<p>
39 "Limited License Purpose" shall mean the limited license granted under Article 2.1 below.
40</p>
41
42<p>
43 "Snowball Kit" means the hardware products "SKY-S9500-ULP-Cxy"
44 where x and y are integers between "0" and "9".
45</p>
46
47<p>
48 "Software" shall mean the ST-Ericsson's software for the A9500
49 platform delivered in binary or in source for the related header
50 files, including any copies and new releases thereof.
51</p>
52
53<p>
54 1.2 Other capitalized expressions used in this Agreement shall have
55 the meanings respectively assigned to them elsewhere in this
56 Agreement.
57</p>
58
59<p>
60 1.3 Words indicating the singular only also include the plural and
61 vice-versa, where the context so requires.
62</p>
63
64<p>
65 1.4 The headings of the Articles in this Agreement are for convenience
66 only and shall not affect the interpretation of this Agreement.
67</p>
68
69<h2>2 LICENSE GRANT</h2>
70
71<p>
72 2.1 Subject to the terms and conditions in this Agreement, STEricsson
73 hereby grants to Licensee a non-exclusive, non-transferable, limited
74 license to use and reproduce the Software solely to the extent
75 required in order to (i) develop Licensee's Applications that
76 interface with and/or run with the Snowball Kit; and (ii) integrate
77 the Software with Licensee Application and/or third party software;
78 and (iii) conduct development testing of the Licensee's Applications'
79 or third party software operation in conjunction with the Snowball Kit
80 and/or Licensee's demonstration of such Licensee's Applications in
81 conjunction with the Snowball Kit (hereinafter "Limited License
82 Purpose"). The Licensee is entitled to flash the Software on a
83 commercial product containg the Snowball Kit. The aforesaid license to
84 the Software is provided that all and any use of the Software is
85 solely and exclusively used on the Snowball Kit.
86</p>
87
88<p>
89 2.2 Some portion of the Software might contain Open Source
90 Software. Such Open Source Software might be subject to Open Source
91 Terms applicable for each such portion, as further specified in the
92 Software. Such Open Source Software is supplied to Licensee solely
93 under the applicable Open Source Terms and is not subject to the terms
94 of this Agreement.
95</p>
96
97<p>
98 2.3 Licensee shall not, and shall not permit any third party to alter,
99 change, modify, adapt, decompile, disassemble, compile or reverse
100 engineer or remove or circumvent any protection or other restrictive
101 technology mechanism of the the Software and/or any and all parts
102 thereof, or otherwise use, sub-license, assign or pledge the Software
103 and/or any and all parts thereof other than what is expressly
104 permitted in accordance with this Agreement.
105</p>
106
107<p>
108 2.4 ST-Ericsson shall retain on behalf of itself or the original owner
109 all right title and interest to any ST-Ericsson Intellectual Property
110 Rights, including but not limited to any patents, trademarks,
111 copyrights, and trade secret rights, and title to copies of any and
112 all media bearing the Software or the Snowball Kit and/or any and all
113 parts thereof, and the Licensee acquires no interest under this
114 Agreement to any ST-Ericsson Intellectual Property Rights or other
115 rights other than the Limited License Purpose expressly set forth in
116 this Article 2.
117</p>
118
119<p>
120 2.5 Notwithstanding anything to the contrary herein, nothing contained
121 hereunder shall be construed as conferring any right, license or
122 immunity, either directly or by implication, estoppel or otherwise to
123 Licensee or any third party: (i) under any intellectual property
124 rights of any third party; specifically, without limiting the
125 generality of the foregoing, the sale and use of the Products are not
126 licensed under any patents of Telefonaktiebolaget LM Ericsson, or any
127 affiliates of such company; (ii) under any intellectual property
128 rights of STEricsson other than explicitly granted under in this
129 Agreement; or (iii) with respect to any trademark, trade or brand
130 name, a corporate name of ST-Ericsson, or any other name or mark, or
131 contraction abbreviation or simulation thereof.
132</p>
133
134
135<h2>3 DELIVERY</h2>
136
137<p>
138 3.1 All deliveries of the Software are EX-WORKS (Incoterms 2000) at
139 ST-Ericsson's indicated facility.
140</p>
141
142
143<h2>4 NO REPRESENTATIONS OR WARRANTIES</h2>
144
145<p>
146 4.1 The Software is delivered "as is" and all representations and
147 warranties, express or implied, are hereby disclaimed, including, but
148 not limited to that:
149</p>
150
151<p>
152 a) the Software or any part thereof is accurate or reliable for any
153 purposes whatsoever; and
154</p>
155
156<p>
157 b) the use of the Software does not infringe any rights that may be
158 held by a third party in respect of any such information.
159</p>
160
161<p>
162 4.2 Licensee acknowledges and agrees that any use of the Software
163 and/or the Snowball Kit, or any other part thereof, or any use of
164 Licensee's Applications is at Licensee's sole risk.
165</p>
166
167<h2>5 WARRANTY DISCLAIMER AND GENERAL LIMITATION OF LIABILITY</h2>
168
169<p>
170 5.1 THE SOFTWARE AND/OR SNOWBALL KIT AND ANY AND ALL PARTS THEREOF ARE
171 PROVIDED "AS IS". ST-ERICSSON MAKES NO REPRESENTATIONS OR WARRANTIES
172 WITH RESPECT TO THE SOFTWARE AND/OR SNOWBALL KIT AND OR PARTS THEREOF
173 WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
174 WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
175 PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE
176 FOREGOING, ST-ERICSSON MAKES NO REPRESENTATION OR WARRANTY THAT (I)
177 THE USE OF THE SOFTWARE AND/OR SNOWBALL KIT AND OR PARTS THEREOF WILL
178 BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND OR
179 DISTRIBUTION OF THE SOFTWARE AND/OR SNOWBALL KIT AND OR PARTS THEREOF,
180 WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM
181 INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND IT
182 SHALL BE THE SOLE RESPONSIBILITY OF LICENSEE TO MAKE SUCH
183 DETERMINATION AS IS NECESSARY WITH RESPECT TO THE ACQUISITION OF
184 LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD
185 PARTIES. CONSEQUENTLY, IN NO EVENT SHALL ST-ERICSSON, ITS AFFILIATES
186 OR THEIR SUPPLIERS BE LIABLE TO LICENSEE FOR ANY LOSS OR DAMAGES
187 (WHETHER DIRECT, INDRECT OR CONSEQUENTIAL) ARISING FROM ANY USE AND OR
188 DISTRIBUTION OF THE SOFTWARE AND/OR SNOWBALL KIT AND OR PARTS THEREOF,
189 WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, AND OR ARISING BY
190 REASON OF THE FACT THAT THE SOFTWARE AND/OR SNOWBALL KIT AND OR ANY
191 PARTS THEREOF ARE DEFECTIVE OR NON-CONFORMING AND OR ARISING FROM THIS
192 AGREEMENT AND OR ANY BREACH THEREOF.
193</p>
194
195<p>
196 5.2 THE PARTIES AGREE THAT ANY RIGHTS AND REMEDIES THE LICENSEE MAY
197 HAVE AND OR ANY OBLIGATIONS THAT ST-ERICSSON MAY HAVE ACCORDING TO LAW
198 OR OTHERWISE WITH RESPECT TO ERRORS AND DEFECTS IN THE SOFTWARE AND/OR
199 OTHER DELIVERABLES AND/OR IN ANY PART THEREOF SHALL HEREBY BE
200 DISCLAIMED.
201</p>
202
203<h2>
204 6 TERMINATION
205</h2>
206
207<p>
208 6.1 The license and this Agreement are effective until terminated.
209</p>
210
211<p>
212 6.2 Licensee agrees that each of the terms and conditions set out in
213 this Agreement are material and that failure of Licensee to comply
214 with these terms and conditions shall constitute sufficient cause for
215 ST-Ericsson to terminate this Agreement. The aforesaid is without any
216 prejudice to other rights ST-Ericsson may have in case of breach of
217 this Agreement.
218</p>
219
220<p>
221 6.3 In the event of termination of this Agreement Licensee shall
222 immediately destroy all copies of the Software, including all portions
223 and derivatives thereof.
224</p>
225
226<h2>
227 7 EXPORT CONTROL
228</h2>
229
230<p>
231 7.1 Licensee recognizes that the Software or any parts thereof may be
232 subject to import and export regulations in certain
233 countries. Licensee agrees that it will not knowingly export,
234 re-export or import products, technology or Software, or any parts
235 thereof, of ST-Ericsson, directly or indirectly, to any country to the
236 extent export to such country at the time of export requires an export
237 license or other governmental approval under any export control laws
238 and regulations, without first obtaining such license or approval.
239</p>
240
241<h2>
242 8 COMPLIANCE WITH LAWS
243</h2>
244
245<p>
246 8.1 Licensee agrees not to use the Software in violation of, and to
247 comply with any and all applicable law, statute, ordinance or other
248 regulation.
249</p>
250
251<h2>
252 9 ENTIRE AGREEMENT
253</h2>
254
255<p>
256 9.1 This is the entire agreement between Licensee and ST-Ericsson on
257 the subject matter of this Agreement, and supersedes all
258 representations, undertakings and agreements previously made between
259 the Parties with respect to the subject matter of this Agreement.
260</p>
261
262<h2>
263 10 SEVERABILITY
264</h2>
265
266<p>
267 10.1 If a court or agency of competent jurisdiction holds any term of
268 this Agreement invalid, illegal, or unenforceable for any reason, the
269 remainder of this Agreement shall be valid and enforceable and such
270 term shall be substituted by a valid and enforceable provision so as
271 to the best accomplish the objectives of such provision in this
272 Agreement.
273</p>
274
275<h2>
276 11 GOVERNING LAW AND JURISDICTION
277</h2>
278
279<p>
280 11.1 This Agreement shall be governed by and construed in accordance
281 with the laws of Switzerland, without regard to its conflict of laws
282 rules. The application of The United Nations Convention of Contracts
283 for the International Sale of Goods is explicitly excluded.
284</p>
285
286<p>
287 11.2 Any and all disputes, differences or questions arising out of or
288 in connection with this Agreement shall be under the exclusive
289 jurisdiction of the Swiss courts and the venue shall be Geneva.
290</p>
291
292<p>
293 11.3 Notwithstanding the aforesaid, nothing in this Article 11 shall
294 prevent the Parties from seeking any interim or final injunctive or
295 equitable relief by a court of competent jurisdiction.
296</p>

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