1 ### CYPRESS WIRELESS CONNECTIVITY DEVICES
2 ### DRIVER END USER LICENSE AGREEMENT (SOURCE AND BINARY DISTRIBUTION)
3
4 PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE
5 DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE, ANY ACCOMPANYING
6 DOCUMENTATION, OR ANY UPDATES PROVIDED BY CYPRESS ("Software"). BY
7 DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND
8 BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
9 AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE. IF YOU HAVE
10 PURCHASED THE SOFTWARE, YOUR RIGHT TO RETURN THE SOFTWARE EXPIRES 30 DAYS
11 AFTER YOUR PURCHASE AND APPLIES ONLY TO THE ORIGINAL PURCHASER.
12
13 Software Provided in Binary Code Form. This paragraph applies to any Software
14 provided in binary code form. Subject to the terms and conditions of this
15 Agreement, Cypress Semiconductor Corporation ("Cypress") grants you a
16 non-exclusive, non-transferable license under its copyright rights in the
17 Software to reproduce and distribute the Software in object code form only,
18 solely for use in connection with Cypress integrated circuit products
19 ("Purpose").
20
21 Software Provided in Source Code Form. This paragraph applies to any Software
22 provided in source code form ("Cypress Source Code"). Subject to the terms and
23 conditions of this Agreement, Cypress grants you a non-exclusive,
24 non-transferable license under its copyright rights in the Cypress Source Code
25 to reproduce, modify, compile, and distribute the Cypress Source Code (whether
26 in source code form or as compiled into binary code form) solely for the
27 Purpose. Cypress retains ownership of the Cypress Source Code and any compiled
28 version thereof. Subject to Cypress' ownership of the underlying Cypress
29 Source Code, you retain ownership of any modifications you make to the
30 Cypress Source Code. You agree not to remove any Cypress copyright or other
31 notices from the Cypress Source Code and any modifications thereof. Any
32 reproduction, modification, translation, compilation, or representation of
33 the Cypress Source Code except as permitted in this paragraph is prohibited
34 without the express written permission of Cypress.
35
36 Free and Open Source Software. Portions of the Software may be licensed under
37 free and/or open source licenses such as the GNU General Public License
38 ("FOSS"). FOSS is subject to the applicable license agreement and not this
39 Agreement. If you are entitled to receive the source code from Cypress for any
40 FOSS included with the Software, either the source code will be included with
41 the Software or you may obtain the source code at no charge from
42 <http://www.cypress.com/go/opensource>. The applicable license terms will
43 accompany each source code package. To review the license terms applicable to
44 any FOSS for which Cypress is not required to provide you with source code,
45 please see the Software's installation directory on your computer.
46
47 Proprietary Rights. The Software, including all intellectual property rights
48 therein, is and will remain the sole and exclusive property of Cypress or its
49 suppliers. Except as otherwise expressly provided in this Agreement, you may
50 not: (i) modify, adapt, or create derivative works based upon the Software;
51 (ii) copy the Software; (iii) except and only to the extent explicitly
52 permitted by applicable law despite this limitation, decompile, translate,
53 reverse engineer, disassemble or otherwise reduce the Software to
54 human-readable form; or (iv) use the Software other than for the Purpose.
55
56 No Support. Cypress may, but is not required to, provide technical support for
57 the Software.
58
59 Term and Termination. This Agreement is effective until terminated. This
60 Agreement and Your license rights will terminate immediately without notice
61 from Cypress if you fail to comply with any provision of this Agreement. Upon
62 termination, you must destroy all copies of Software in your possession or
63 control. Termination of this Agreement will not affect any licenses validly
64 granted as of the termination date to any end users of the Software. The
65 following paragraphs shall survive any termination of this Agreement: "Free and
66 Open Source Software," "Proprietary Rights," "Compliance With Law,"
67 "Disclaimer," "Limitation of Liability," and "General."
68
69 Compliance With Law. Each party agrees to comply with all applicable laws,
70 rules and regulations in connection with its activities under this Agreement.
71 Without limiting the foregoing, the Software may be subject to export control
72 laws and regulations of the United States and other countries. You agree to
73 comply strictly with all such laws and regulations and acknowledge that you
74 have the responsibility to obtain licenses to export, re-export, or import
75 the Software.
76
77 Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYPRESS MAKES
78 NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE,
79 INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF
80 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cypress reserves the
81 right to make changes to the Software without notice. Cypress does not assume
82 any liability arising out of the application or use of Software or any
83 product or circuit described in the Software. Cypress does not authorize its
84 products for use as critical components in life-support systems where a
85 malfunction or failure may reasonably be expected to result in significant
86 injury to the user. The inclusion of Cypress' product in a life-support
87 system or application implies that the manufacturer of such system or
88 application assumes all risk of such use and in doing so indemnifies Cypress
89 against all charges.
90
91 Limitation of Liability. IN NO EVENT WILL CYPRESS OR ITS SUPPLIERS,
92 RESELLERS, OR DISTRIBUTORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA,
93 OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES
94 HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE
95 USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF CYPRESS OR ITS SUPPLIERS,
96 RESELLERS, OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
97 DAMAGES. IN NO EVENT SHALL CYPRESS' OR ITS SUPPLIERS' RESELLERS', OR
98 DISTRIBUTORS' TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING
99 NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE.
100 THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS
101 OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
102 LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
103 LIMITATION MAY NOT APPLY TO YOU.
104
105 Restricted Rights. The Software under this Agreement is commercial computer
106 software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If
107 acquired by or on behalf of a civilian agency, the U.S. Government acquires
108 this commercial computer software and/or commercial computer software
109 documentation subject to the terms of this Agreement as specified in 48
110 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal
111 Acquisition Regulations ("FAR") and its successors. If acquired by or on
112 behalf of any agency within the Department of Defense ("DOD"), the U.S.
113 Government acquires this commercial computer software and/or commercial
114 computer software documentation subject to the terms of this Agreement as
115 specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its
116 successors.
117
118 General. This Agreement will bind and inure to the benefit of each party's
119 successors and assigns, provided that you may not assign or transfer this
120 Agreement, in whole or in part, without Cypress' written consent. This
121 Agreement shall be governed by and construed in accordance with the laws of
122 the State of California, United States of America, as if performed wholly
123 within the state and without giving effect to the principles of conflict of
124 law. The parties consent to personal and exclusive jurisdiction of and venue
125 in, the state and federal courts within Santa Clara County, California;
126 provided however, that nothing in this Agreement will limit Cypress' right to
127 bring legal action in any venue in order to protect or enforce its
128 intellectual property rights. No failure of either party to exercise or
129 enforce any of its rights under this Agreement will act as a waiver of such
130 rights. If any portion hereof is found to be void or unenforceable, the
131 remaining provisions of this Agreement shall remain in full force and
132 effect. This Agreement is the complete and exclusive agreement between the
133 parties with respect to the subject matter hereof, superseding and replacing
134 any and all prior agreements, communications, and understandings (both
135 written and oral) regarding such subject matter. Any notice to Cypress will
136 be deemed effective when actually received and must be sent to Cypress
137 Semiconductor Corporation, ATTN: Chief Legal Officer, 198 Champion Court, San
138 Jose, CA 95134 USA.
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