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1 | | -License Agreement |
2 | | -Nordic Semiconductor ASA (“Nordic”) |
3 | | -nrfutil utility |
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6 | | -You (“You” or “Licensee”) must carefully and thoroughly read this License Agreement (“Agreement”), and accept to adhere to this Agreement before downloading, installing and/or using any software or content in the nrfutil utility and nordicsemi library (“NRFUTIL”) provided herewith. |
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8 | | -YOU ACCEPT THIS LICENSE AGREEMENT BY (A) CLICKING ACCEPT OR AGREE TO THIS LICENSE AGREEMENT, WHERE THIS OPTION IS MADE AVAILABLE TO YOU; OR (B) BY ACTUALLY USING THE NRFUTIL, IN THIS CASE YOU AGREE THAT THE USE OF THE NRFUTIL CONSTITUTES ACCEPTANCE OF THE LICENSING AGREEMENT FROM THAT POINT ONWARDS. |
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10 | | -IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN DO NOT DOWNLOAD, INSTALL/COMPLETE INSTALLATION OF, OR IN ANY OTHER WAY MAKE USE OF THE NRFUTIL OR RELATED CONTENT. |
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13 | | -1. Grant of License |
14 | | -Subject to the terms in this Agreement Nordic grants Licensee a limited, non-exclusive, non-transferable, non-sub licensable, revocable license (“License”): (a) to use the NRFUTIL as a development platform solely in connection with a Nordic Integrated Circuit (“nRF IC”), (b) to modify any source code contained in the NRFUTIL solely as necessary to implement products developed by Licensee that incorporate an nRF IC (“Licensee Product”), and (c) to distribute the NRFUTIL solely as implemented in Licensee Product. Licensee shall not use the NRFUTIL for any purpose other than specifically authorized herein. |
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16 | | -2. Title |
17 | | -As between the parties, Nordic retains full rights, title, and ownership of the NRFUTIL and any and all patents, copyrights, trade secrets, trade names, trademarks, and other intellectual property rights in and to the NRFUTIL. |
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19 | | -3. No Modifications or Reverse Engineering |
20 | | -Licensee shall not, modify, reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of any non-source code parts of the NRFUTIL including, but not limited to pre-compiled binaries and object code. |
21 | | - |
22 | | -4. Distribution Restrictions |
23 | | -Except as set forward in Section 1 above, the Licensee may not disclose or distribute any or all parts of the NRFUTIL to any third party. Licensee agrees to provide reasonable security precautions to prevent unauthorized access to or use of the NRFUTIL as proscribed herein. Licensee also agrees that use of and access to the NRFUTIL will be strictly limited to the employees and subcontractors of the Licensee necessary for the performance of development, verification and production tasks under this Agreement. The Licensee is responsible for making such employees and subcontractors agree on complying with the obligations concerning use and non-disclosure of the NRFUTIL. |
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25 | | -5. No Other Rights |
26 | | -Licensee shall use the NRFUTIL only in compliance with this Agreement and shall refrain from using the NRFUTIL in any way that may be contrary to this Agreement. |
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28 | | - |
29 | | -6. Fees |
30 | | -Nordic grants the License to the Licensee free of charge provided that the Licensee undertakes the obligations in the Agreement and warrants to comply with the Agreement. |
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33 | | -7. DISCLAIMER OF WARRANTY |
34 | | -THE NRFUTIL IS PROVIDED “AS IS" WITHOUT WARRANTY OF ANY KIND EXPRESS OR IMPLIED AND NEITHER NORDIC, ITS LICENSORS OR AFFILIATES NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE NRFUTIL WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY NORDIC OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE NRFUTIL WILL MEET THE REQUIREMENTS OF LICENSEE OR THAT THE OPERATION OF THE NRFUTIL WILL BE UNINTERRUPTED OR ERROR-FREE. LICENSEE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE NRFUTIL TO ACHIEVE LICENSEE’S INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT. |
35 | | - |
36 | | -8. No Support |
37 | | -Nordic is not obligated to furnish or make available to Licensee any further information, software, technical information, know-how, show-how, bug-fixes or support. Nordic reserves the right to make changes to the NRFUTIL without further notice. |
38 | | - |
39 | | -9. Limitation of Liability |
40 | | -In no event shall Nordic, its employees or suppliers or affiliates be liable for any lost profits, revenue, sales, data or costs of procurement of substitute goods or services, property damage, personal injury, interruption of business, loss of business information or for any special, direct, indirect, incidental, economic, punitive, special or consequential damages, however caused and whether arising under contract, tort, negligence, or other theory of liability arising out of the use of or inability to use the NRFUTIL, even if Nordic or its employees or suppliers or affiliates are advised of the possibility of such damages. Because some countries/states/ jurisdictions do not allow the exclusion or limitation of liability, but may allow liability to be limited, in such cases, Nordic, its employees or licensors or affiliates’ liability shall be limited to USD 50. |
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42 | | -10. Breach of Contract |
43 | | -Upon a breach of contract by the Licensee, Nordic is entitled to damages in respect of any direct loss which can be reasonably attributed to the breach by the Licensee. If the Licensee has acted with gross negligence or willful misconduct, the Licensee shall cover both direct and indirect costs for Nordic. |
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45 | | -11. Indemnity |
46 | | - |
47 | | -Licensee undertakes to indemnify, hold harmless and defend Nordic and its directors, officers, affiliates, shareholders, employees and agents from and against any claims or lawsuits, including attorney's fees, that arise or result of the Licensee’s execution of the License and which is not due to causes for which Nordic is responsible. |
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49 | | -12. Governing Law |
50 | | -This Agreement shall be construed according to the laws of Norway, and hereby submits to the exclusive jurisdiction of the Oslo tingrett. |
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52 | | -13. Assignment |
53 | | -Licensee shall not assign this Agreement or any rights or obligations hereunder without the prior written consent of Nordic. |
54 | | - |
55 | | -14. Termination |
56 | | -Without prejudice to any other rights, Nordic may cancel this Agreement if Licensee does not abide by the terms and conditions of this Agreement. Upon termination Licensee must promptly cease the use of the License and destroy all copies of the Licensed Technology and any other material provided by Nordic or its affiliate, or produced by the Licensee in connection with the Agreement or the Licensed Technology. |
| 1 | +Copyright (c) 2015, Nordic Semiconductor |
| 2 | +All rights reserved. |
| 3 | + |
| 4 | +Redistribution and use in source and binary forms, with or without |
| 5 | +modification, are permitted provided that the following conditions are met: |
| 6 | + |
| 7 | +* Redistributions of source code must retain the above copyright notice, this |
| 8 | + list of conditions and the following disclaimer. |
| 9 | + |
| 10 | +* Redistributions in binary form must reproduce the above copyright notice, |
| 11 | + this list of conditions and the following disclaimer in the documentation |
| 12 | + and/or other materials provided with the distribution. |
| 13 | + |
| 14 | +* Neither the name of Nordic Semiconductor ASA nor the names of its |
| 15 | + contributors may be used to endorse or promote products derived from |
| 16 | + this software without specific prior written permission. |
| 17 | + |
| 18 | +THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" |
| 19 | +AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE |
| 20 | +IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE |
| 21 | +DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE |
| 22 | +FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL |
| 23 | +DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR |
| 24 | +SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER |
| 25 | +CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, |
| 26 | +OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE |
| 27 | +OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. |
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