Tizen Device Firmware

Note

You must not redistribute or use the file except as specifically set forth in these license terms.

TM1 Plugin

The TM1 plugin file contains the binaries to support the TM1 hardware
(TM1 is a reference device for Tizen 2.4, 3.0 and 4.0 and was distributed in DevLab events).

TM1(2.4) Plugin

To download the file, you must agree to 2 End User License Agreement.

DOWNLOAD
Installing the Plugin (2.4)
  • Extract
    The mobile_plugin_tizen2.4_tm1.zip file
  • Change
    To the mobile_plugin_tizen2.4_tm1 directory
  • Run
    The mobile_tm1_plugin_install.sh file

TM1(3.0) Plugin

To download the file, you must agree to End User License Agreement.

DOWNLOAD
Installing the Plugin
  • Extract
    The mobile_plugin_tizen3.0_tm1.tar.gz file
  • Change
    To the mobile_plugin_tizen3.0_tm1 directory
  • Run
    The mobile_plugin_tizen3.0_tm1.sh file

* Compatibility checked with tizen-3.0.m2-mobile_20170111.1

TM1(latest) Plugin

To download the file, you must agree to End User License Agreement.

DOWNLOAD
Installing the Plugin
  • Extract
    The mobile_plugin_tizen4.0_tm1.tar.gz file
  • Change
    To the mobile_plugin_tizen4.0_tm1 directory
  • Run
    The mobile_plugin_tizen4.0_tm1.sh file

* Compatibility checked with tizen_unified_latest

ARTIK Plugins

The ARTIK plugin file contains the binaries to support the ARTIK hardware.
ARTIK is a reference device for Tizen 3.0 Common and Tizen 4.0 and was developed by Samsung.
Download proper plugin according to ARTIK series that you have.

ARTIK 520(3.0) Plugin

To download the file, you must agree to 1 End User License Agreement.

DOWNLOAD
Installing the Plugin
  • Extract
    The common_plugin_tizen3.0_artik5.zip file
  • Change
    To the common_plugin_tizen3.0_artik5 directory
  • Run
    The common_plugin_tizen3.0_artik5.sh file

ARTIK 710(3.0) Plugin

To download the file, you must agree to 1 End User License Agreement.

DOWNLOAD
Installing the Plugin
  • Extract
    The common_plugin_tizen3.0_artik7.zip file
  • Change
    To the common_plugin_tizen3.0_artik7 directory
  • Run
    The common_plugin_tizen3.0_artik7.sh file

ARTIK 10(3.0) Plugin

To download the file, you must agree to 2 End User License Agreement.

DOWNLOAD
Installing the Plugin
  • Extract
    The common_plugin_tizen3.0_artik10.zip file
  • Change
    To the common_plugin_tizen3.0_artik10 directory
  • Run
    The common_plugin_tizen3.0_artik10.sh file

ARTIK 530(4.0) Plugin

To download the file, you must agree to 1 End User License Agreement.

DOWNLOAD
Installing the Plugin
  • Extract
    The ARTIK_530_plugin_tizen4.0.zip file
  • Change
    To the ARTIK_530_plugin_tizen4.0 directory
  • Run
    The ARTIK_530_plugin_tizen4.0.sh file

Raspberry Pi 3 Plugins

The Raspberry Pi 3 plugin file contains the binaries to support the Raspberry Pi 3 hardware.
Raspberry Pi 3 is a open reference device for Tizen 4.0 and later.

Raspberry Pi 3(4.0) Plugin

To download the file, you must agree to 1 End User License Agreement.

DOWNLOAD
Installing the Plugin
  • Extract
    The RPI3_plugin_tizen4.0.zip file
  • Change
    To the RPI3_plugin_tizen4.0 directory
  • Run
    The RPI3_plugin_tizen4.0.sh file
    with SD card location(/dev/sdX)

Common Plugin ARTIK 520(3.0)

close

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION (SLSI-201608LI008-1)

This End User License Agreement (“Agreement”) is a legal agreement concerning Licensee's use of the Software (defined hereafter) described below. The rights granted to the Software are expressly conditioned upon acceptance of these terms and conditions in this Agreement for the Purpose. The company and its employees who are using the Software ("Licensee") agree to be bound by the terms and conditions of this Agreement by using the Software, regardless of whether Licensee received the Software from Samsung Electronics Co., Ltd. ("Licensor") directly or through an authorized distributor.

Licensee agrees as follows:

1. DEFINITIONS

  1. 1.1

    "Software" means the specific software products, MALI-400 MP DDK in object code form, and all related documentation provided to Licensee.

  2. 1.2

    "Purpose" means use of the Software solely for the purpose of developing or executing applications which are targeted for use on an integrated circuit manufactured by or for Licensor that incorporates a GPU Core (MALI-400 MP).

  3. 1.3

    "ARM" means ARM Limited, whose registered office is situated at 110 Fulbourn Road, Cambridge CB1 9NJ, England, and its affiliates.

2. LICENSE

  1. 2.1

    Licensor hereby grants Licensee a limited, non-exclusive, non-transferable, non-sublicensable, revocable, restricted right to use the Software in object code form only solely for the Purpose during the Term.

  2. 2.2

    Licensee hereby agrees to comply with the additional following obligations:

    1. 2.2.1 The Software should be used solely for the Purpose.
    2. 2.2.2 Licensee will not transfer, assign, lease, lend or rent the Software or documentation, use them to provide service bureau, time-sharing or other services, or otherwise provide or make the functionality thereof available to third parties except as expressly authorized in this Agreement.
    3. 2.2.3 Licensee will not disassemble, decompile, reverse engineer, modify, adapt, alter or create derivative works of the Software or documentation nor permit any third party to do so.
    4. 2.2.4 Licensee will not delete or in any manner alter the copyright, trademark or other proprietary rights notices appearing on the Software or documentation as delivered or distributed by Licensor. Licensee will reproduce such notices on all copies Licensee is authorized to make of the Software.

3. WARRANTIES AND LIMITATION OF LIABILITY

  1. 3.1

    No Warranty. Licensor expressly disclaims any representation or warranty that the Software will meet Licensee's requirements, that the Software will operate in combination with any other equipment, devices, software or systems, or that the operation of the Software will be error-free or uninterrupted. The Software is provided "AS IS" and “WITH ALL FAULTS.” LICENSORDISCLAIMS ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OR COMPLETENESS OF RESULTS, CONFORMANCE WITH DESCRIPTION, AND NON-INFRINGEMENT. LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. NO INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AGENTS, EMPLOYEES, OR REPRESENTATIVES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY REPRESENTATION OR WARRANTY. LICENSEE'SUSE OF THE SOFTWARE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS AT LICENSEE'S OWN DISCRETION AND RISK AND LICENSEEISSOLELY RESPONSIBLE FOR ANY DAMAGE TO LICENSEE'SCOMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

  2. 3.2

    Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL LICENSORBE LIABLE TO LICENSEE FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), FAILURE OF A REMEDY TO ACCOMPLISH ITS PURPOSE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. TERMINATION

  1. 4.1

    Termination. This Agreement and the licenses and rights granted herein shall be effective from the first use of the Software by Licensee until twenty-four (24) months thereafter ("Term").Each party may terminate this Agreement by giving prior written notice to the other party. Upon termination Licensee shall cease to use the Software and delete all Software and documentation. Licensor will have the right to terminate this Agreement immediately if Licensee: asserts any claim against Licensor and its licensees or customers alleging that the Software infringes or misappropriates any of Licensee's intellectual property rights. Each party will have the right to terminate this Agreement if the other becomes insolvent or makes an assignment for the benefit of creditors, or a trustee or receiver is appointed for such other party or for a substantial part of its assets, or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against such other party. Termination of this Agreement immediately terminates all licenses and rights granted hereunder.

  2. 4.2

    Effect of Termination. Upon termination or expiration of this Agreement, all Software licenses and rights to use confidential information that are granted there under shall terminate. Upon termination of this Agreement or expiration of the Term, Licensee will, at Licensor's sole discretion, promptly return to Licensor or destroy the applicable Software and confidential information and all copies and portions thereof, in all forms and types of media.

  3. 4.3

    Survival. Sections 1, 2.2, 3, 4 and 5 will survive the termination or expiration of this Agreement.

5. GENERAL

  1. 5.1

    Confidentiality. Licensee acknowledges and agrees that the Software was developed at considerable time and expense and contains valuable trade secrets and confidential information. Accordingly, Licensee agree to maintain the Software in confidence and except as expressly provided in Section 2.1 (Grant of License), Licensee(i) will not disclose or provide access thereto to any person, or (ii) use the Software for any purpose not expressly authorized hereby, or permit or authorize any other person to do so. The restriction herein shall not apply to the extent that such information is in the public domain or hereafter falls into the public domain through no fault of Licensee. Any combination of Licensor trade secrets and information that forms part of the Software shall not be deemed to be public merely because individual parts of the Software are in the public domain. Licensee acknowledges that violations of the confidentiality obligations herein may cause Licensor irreparable injury for which an adequate remedy at law may not be available. Therefore, Licensor shall be entitled to seek all remedies that may be available under equity, including immediate injunctive relief, in addition to whatever remedies may be available at law.

  2. 5.2

    Indemnification. To the extent permitted by law, Licensee agrees to indemnify, defend and hold harmless Licensor, its affiliates, directors, officers, and employees (each a "Licensor Indemnified Party") from any and all claims, losses, liabilities, damages, expenses and costs (including without limitation attorneys fees and court costs) incurred by a Licensor Indemnified Party as a result of: (i) Licensee's breach of this Agreement; or (ii) any claims that the distribution, make, sale, offer for sale, use or importation of Licensee's product (excluding the Software as provided by Licensor) infringes or misappropriates any third party intellectual property or proprietary rights.

  3. 5.3

    Export Control. Licensee agrees to comply fully with all relevant export laws and regulations, including but not limited to those of the United States and the Member States of the European Union. These laws include restrictions on destinations, end-users and end use. Licensee will ensure that neither the Software, nor any direct product thereof are: (a) exported or re-exported directly or indirectly in violation of applicable export laws; or (b) used for any purposes prohibited by applicable export laws, including but not limited to nuclear, chemical, or biological weapons proliferation. Licensee will, at Licensor's request, demonstrate compliance with all such applicable export laws, restrictions, and regulations.

  4. 5.4

    Assignment. Licensee may not assign this Agreement, in whole or in part, by operation of law or otherwise. Any attempt to assign this Agreement will be void and no effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's permitted successors and assigns.

  5. 5.5

    Governing Law and Jurisdiction. This Agreement, including all matters of construction, validity, and performance, shall be governed by and construed and enforced in accordance with the laws of the Republic of Korea (without giving effect to any conflict of law rule that would cause the laws of another jurisdiction to be applied). Any and all disputes between Licensor and Licensee in connection with or arising out of this Agreement, which the parties are unable to resolve between themselves, shall be finally settled by arbitration. The arbitration shall be held in Seoul, Korea in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrator(s) appointed in accordance with the said rules. The arbitration award rendered by the arbitrator(s) shall be final and binding upon the parties.

  6. 5.6

    Nonexclusive Remedy. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

  7. 5.7

    Force Majeure. Neither party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, terrorism, riot, natural disasters or governmental action.

  8. 5.8

    Entire Agreement; Modification; Interpretation. This Agreement constitutes the complete and exclusive understanding and agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, relating to its subject matter. Failure to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of this Agreement will be effective only if in writing and signed by Licensee and an authorized representative of Licensor. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.

  9. 5.9

    U.S. Government End Users. The Software is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Software include only those rights customarily provided to the public as defined in this Agreement. This customary license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Software with only those rights set forth herein.

  10. 5.10

    Third Party Beneficiary. Licensee hereby acknowledges and agrees that ARM is a third-party beneficiary to this Agreement and that ARM is entitled to the rights and benefits hereunder and may enforce the provisions hereof against Licensee as if ARM was a party hereto.

DownLoad

Common Plugin ARTIK 710(3.0)

close

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION (SLSI-201608LI008-1)

This End User License Agreement (“Agreement”) is a legal agreement concerning Licensee's use of the Software (defined hereafter) described below. The rights granted to the Software are expressly conditioned upon acceptance of these terms and conditions in this Agreement for the Purpose. The company and its employees who are using the Software ("Licensee") agree to be bound by the terms and conditions of this Agreement by using the Software, regardless of whether Licensee received the Software from Samsung Electronics Co., Ltd. ("Licensor") directly or through an authorized distributor.

Licensee agrees as follows:

1. DEFINITIONS

  1. 1.1

    "Software" means the specific software products, MALI-400 MP DDK in object code form, and all related documentation provided to Licensee.

  2. 1.2

    "Purpose" means use of the Software solely for the purpose of developing or executing applications which are targeted for use on an integrated circuit manufactured by or for Licensor that incorporates a GPU Core (MALI-400 MP).

  3. 1.3

    "ARM" means ARM Limited, whose registered office is situated at 110 Fulbourn Road, Cambridge CB1 9NJ, England, and its affiliates.

2. LICENSE

  1. 2.1

    Licensor hereby grants Licensee a limited, non-exclusive, non-transferable, non-sublicensable, revocable, restricted right to use the Software in object code form only solely for the Purpose during the Term.

  2. 2.2

    Licensee hereby agrees to comply with the additional following obligations:

    1. 2.2.1 The Software should be used solely for the Purpose.
    2. 2.2.2 Licensee will not transfer, assign, lease, lend or rent the Software or documentation, use them to provide service bureau, time-sharing or other services, or otherwise provide or make the functionality thereof available to third parties except as expressly authorized in this Agreement.
    3. 2.2.3 Licensee will not disassemble, decompile, reverse engineer, modify, adapt, alter or create derivative works of the Software or documentation nor permit any third party to do so.
    4. 2.2.4 Licensee will not delete or in any manner alter the copyright, trademark or other proprietary rights notices appearing on the Software or documentation as delivered or distributed by Licensor. Licensee will reproduce such notices on all copies Licensee is authorized to make of the Software.

3. WARRANTIES AND LIMITATION OF LIABILITY

  1. 3.1

    No Warranty. Licensor expressly disclaims any representation or warranty that the Software will meet Licensee's requirements, that the Software will operate in combination with any other equipment, devices, software or systems, or that the operation of the Software will be error-free or uninterrupted. The Software is provided "AS IS" and “WITH ALL FAULTS.” LICENSORDISCLAIMS ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OR COMPLETENESS OF RESULTS, CONFORMANCE WITH DESCRIPTION, AND NON-INFRINGEMENT. LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. NO INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AGENTS, EMPLOYEES, OR REPRESENTATIVES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY REPRESENTATION OR WARRANTY. LICENSEE'SUSE OF THE SOFTWARE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS AT LICENSEE'S OWN DISCRETION AND RISK AND LICENSEEISSOLELY RESPONSIBLE FOR ANY DAMAGE TO LICENSEE'SCOMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

  2. 3.2

    Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL LICENSORBE LIABLE TO LICENSEE FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), FAILURE OF A REMEDY TO ACCOMPLISH ITS PURPOSE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. TERMINATION

  1. 4.1

    Termination. This Agreement and the licenses and rights granted herein shall be effective from the first use of the Software by Licensee until twenty-four (24) months thereafter ("Term").Each party may terminate this Agreement by giving prior written notice to the other party. Upon termination Licensee shall cease to use the Software and delete all Software and documentation. Licensor will have the right to terminate this Agreement immediately if Licensee: asserts any claim against Licensor and its licensees or customers alleging that the Software infringes or misappropriates any of Licensee's intellectual property rights. Each party will have the right to terminate this Agreement if the other becomes insolvent or makes an assignment for the benefit of creditors, or a trustee or receiver is appointed for such other party or for a substantial part of its assets, or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against such other party. Termination of this Agreement immediately terminates all licenses and rights granted hereunder.

  2. 4.2

    Effect of Termination. Upon termination or expiration of this Agreement, all Software licenses and rights to use confidential information that are granted there under shall terminate. Upon termination of this Agreement or expiration of the Term, Licensee will, at Licensor's sole discretion, promptly return to Licensor or destroy the applicable Software and confidential information and all copies and portions thereof, in all forms and types of media.

  3. 4.3

    Survival. Sections 1, 2.2, 3, 4 and 5 will survive the termination or expiration of this Agreement.

5. GENERAL

  1. 5.1

    Confidentiality. Licensee acknowledges and agrees that the Software was developed at considerable time and expense and contains valuable trade secrets and confidential information. Accordingly, Licensee agree to maintain the Software in confidence and except as expressly provided in Section 2.1 (Grant of License), Licensee(i) will not disclose or provide access thereto to any person, or (ii) use the Software for any purpose not expressly authorized hereby, or permit or authorize any other person to do so. The restriction herein shall not apply to the extent that such information is in the public domain or hereafter falls into the public domain through no fault of Licensee. Any combination of Licensor trade secrets and information that forms part of the Software shall not be deemed to be public merely because individual parts of the Software are in the public domain. Licensee acknowledges that violations of the confidentiality obligations herein may cause Licensor irreparable injury for which an adequate remedy at law may not be available. Therefore, Licensor shall be entitled to seek all remedies that may be available under equity, including immediate injunctive relief, in addition to whatever remedies may be available at law.

  2. 5.2

    Indemnification. To the extent permitted by law, Licensee agrees to indemnify, defend and hold harmless Licensor, its affiliates, directors, officers, and employees (each a "Licensor Indemnified Party") from any and all claims, losses, liabilities, damages, expenses and costs (including without limitation attorneys fees and court costs) incurred by a Licensor Indemnified Party as a result of: (i) Licensee's breach of this Agreement; or (ii) any claims that the distribution, make, sale, offer for sale, use or importation of Licensee's product (excluding the Software as provided by Licensor) infringes or misappropriates any third party intellectual property or proprietary rights.

  3. 5.3

    Export Control. Licensee agrees to comply fully with all relevant export laws and regulations, including but not limited to those of the United States and the Member States of the European Union. These laws include restrictions on destinations, end-users and end use. Licensee will ensure that neither the Software, nor any direct product thereof are: (a) exported or re-exported directly or indirectly in violation of applicable export laws; or (b) used for any purposes prohibited by applicable export laws, including but not limited to nuclear, chemical, or biological weapons proliferation. Licensee will, at Licensor's request, demonstrate compliance with all such applicable export laws, restrictions, and regulations.

  4. 5.4

    Assignment. Licensee may not assign this Agreement, in whole or in part, by operation of law or otherwise. Any attempt to assign this Agreement will be void and no effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's permitted successors and assigns.

  5. 5.5

    Governing Law and Jurisdiction. This Agreement, including all matters of construction, validity, and performance, shall be governed by and construed and enforced in accordance with the laws of the Republic of Korea (without giving effect to any conflict of law rule that would cause the laws of another jurisdiction to be applied). Any and all disputes between Licensor and Licensee in connection with or arising out of this Agreement, which the parties are unable to resolve between themselves, shall be finally settled by arbitration. The arbitration shall be held in Seoul, Korea in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrator(s) appointed in accordance with the said rules. The arbitration award rendered by the arbitrator(s) shall be final and binding upon the parties.

  6. 5.6

    Nonexclusive Remedy. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

  7. 5.7

    Force Majeure. Neither party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, terrorism, riot, natural disasters or governmental action.

  8. 5.8

    Entire Agreement; Modification; Interpretation. This Agreement constitutes the complete and exclusive understanding and agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, relating to its subject matter. Failure to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of this Agreement will be effective only if in writing and signed by Licensee and an authorized representative of Licensor. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.

  9. 5.9

    U.S. Government End Users. The Software is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Software include only those rights customarily provided to the public as defined in this Agreement. This customary license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Software with only those rights set forth herein.

  10. 5.10

    Third Party Beneficiary. Licensee hereby acknowledges and agrees that ARM is a third-party beneficiary to this Agreement and that ARM is entitled to the rights and benefits hereunder and may enforce the provisions hereof against Licensee as if ARM was a party hereto.

DownLoad

Common Plugin ARTIK 10(3.0)

close

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION (SLSI-201608LI008-2)

This End User License Agreement (“Agreement”) is a legal agreement concerning Licensee's use of the Software (defined hereafter) described below. The rights granted to the Software are expressly conditioned upon acceptance of these terms and conditions in this Agreement for the Purpose. The company and its employees who are using the Software ("Licensee") agree to be bound by the terms and conditions of this Agreement by using the Software, regardless of whether Licensee received the Software from Samsung Electronics Co., Ltd. ("Licensor") directly or through an authorized distributor.

Licensee agrees as follows:

1. DEFINITIONS

  1. 1.1

    "Software" means the specific software products, MALI-T628DDK in object code form, and all related documentation provided to Licensee.

  2. 1.2

    "Purpose" means use of the Software solely for the purpose of developing or executing applications which are targeted for use on an integrated circuit manufactured by or for Licensor that incorporates a GPU Core (MALI-T628).

  3. 1.3

    "ARM" means ARM Limited, whose registered office is situated at 110 Fulbourn Road, Cambridge CB1 9NJ, England, and its affiliates.

2. LICENSE

  1. 2.1

    Licensor hereby grants Licensee a limited, non-exclusive, non-transferable, non-sublicensable, revocable, restricted right to use the Software in object code form only solely for the Purpose during the Term.

  2. 2.2

    Licensee hereby agrees to comply with the additional following obligations:

    1. 2.2.1 The Software should be used solely for the Purpose.
    2. 2.2.2 Licensee will not transfer, assign, lease, lend or rent the Software or documentation, use them to provide service bureau, time-sharing or other services, or otherwise provide or make the functionality thereof available to third parties except as expressly authorized in this Agreement.
    3. 2.2.3 Licensee will not disassemble, decompile, reverse engineer, modify, adapt, alter or create derivative works of the Software or documentation nor permit any third party to do so.
    4. 2.2.4 Licensee will not delete or in any manner alter the copyright, trademark or other proprietary rights notices appearing on the Software or documentation as delivered or distributed by Licensor. Licensee will reproduce such notices on all copies Licensee is authorized to make of the Software.

3. WARRANTIES AND LIMITATION OF LIABILITY

  1. 3.1

    No Warranty. Licensor expressly disclaims any representation or warranty that the Software will meet Licensee's requirements, that the Software will operate in combination with any other equipment, devices, software or systems, or that the operation of the Software will be error-free or uninterrupted. The Software is provided "AS IS" and “WITH ALL FAULTS.” LICENSORDISCLAIMS ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OR COMPLETENESS OF RESULTS, CONFORMANCE WITH DESCRIPTION, AND NON-INFRINGEMENT. LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. NO INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AGENTS, EMPLOYEES, OR REPRESENTATIVES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY REPRESENTATION OR WARRANTY. LICENSEE'SUSE OF THE SOFTWARE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS AT LICENSEE'S OWN DISCRETION AND RISK AND LICENSEEISSOLELY RESPONSIBLE FOR ANY DAMAGE TO LICENSEE'SCOMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

  2. 3.2

    Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL LICENSORBE LIABLE TO LICENSEE FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), FAILURE OF A REMEDY TO ACCOMPLISH ITS PURPOSE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. TERMINATION

  1. 4.1

    Termination. This Agreement and the licenses and rights granted herein shall be effective from the first use of the Software by Licensee until twenty-four (24) months thereafter (“Term”).Each party may terminate this Agreement by giving prior written notice to the other party. Upon termination Licensee shall cease to use the Software and delete all Software and documentation. Licensor will have the right to terminate this Agreement immediately if Licensee: asserts any claim against Licensor and its licensees or customers alleging that the Software infringes or misappropriates any of Licensee's intellectual property rights. Each party will have the right to terminate this Agreement if the other becomes insolvent or makes an assignment for the benefit of creditors, or a trustee or receiver is appointed for such other party or for a substantial part of its assets, or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against such other party. Termination of this Agreement immediately terminates all licenses and rights granted hereunder.

  2. 4.2

    Effect of Termination. Upon termination or expiration of this Agreement, all Software licenses and rights to use confidential information that are granted there under shall terminate. Upon termination of this Agreement or expiration of the Term, Licensee will, at Licensor's sole discretion, promptly return to Licensor or destroy the applicable Software and confidential information and all copies and portions thereof, in all forms and types of media.

  3. 4.3

    Survival. Sections 1, 2.2, 3, 4 and 5 will survive the termination or expiration of this Agreement.

5. GENERAL

  1. 5.1

    Confidentiality. Licensee acknowledges and agrees that the Software was developed at considerable time and expense and contains valuable trade secrets and confidential information. Accordingly, Licensee agree to maintain the Software in confidence and except as expressly provided in Section 2.1 (Grant of License), Licensee(i) will not disclose or provide access thereto to any person, or (ii) use the Software for any purpose not expressly authorized hereby, or permit or authorize any other person to do so. The restriction herein shall not apply to the extent that such information is in the public domain or hereafter falls into the public domain through no fault of Licensee. Any combination of Licensor trade secrets and information that forms part of the Software shall not be deemed to be public merely because individual parts of the Software are in the public domain. Licensee acknowledges that violations of the confidentiality obligations herein may cause Licensor irreparable injury for which an adequate remedy at law may not be available. Therefore, Licensor shall be entitled to seek all remedies that may be available under equity, including immediate injunctive relief, in addition to whatever remedies may be available at law.

  2. 5.2

    Indemnification. To the extent permitted by law, Licensee agrees to indemnify, defend and hold harmless Licensor, its affiliates, directors, officers, and employees (each a "Licensor Indemnified Party") from any and all claims, losses, liabilities, damages, expenses and costs (including without limitation attorneys fees and court costs) incurred by a Licensor Indemnified Party as a result of: (i) Licensee's breach of this Agreement; or (ii) any claims that the distribution, make, sale, offer for sale, use or importation of Licensee's product (excluding the Software as provided by Licensor) infringes or misappropriates any third party intellectual property or proprietary rights.

  3. 5.3

    Export Control. Licensee agrees to comply fully with all relevant export laws and regulations, including but not limited to those of the United States and the Member States of the European Union. These laws include restrictions on destinations, end-users and end use. Licensee will ensure that neither the Software, nor any direct product thereof are: (a) exported or re-exported directly or indirectly in violation of applicable export laws; or (b) used for any purposes prohibited by applicable export laws, including but not limited to nuclear, chemical, or biological weapons proliferation. Licensee will, at Licensor's request, demonstrate compliance with all such applicable export laws, restrictions, and regulations.

  4. 5.4

    Assignment. Licensee may not assign this Agreement, in whole or in part, by operation of law or otherwise. Any attempt to assign this Agreement will be void and no effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's permitted successors and assigns.

  5. 5.5

    Governing Law and Jurisdiction. This Agreement, including all matters of construction, validity, and performance, shall be governed by and construed and enforced in accordance with the laws of the Republic of Korea (without giving effect to any conflict of law rule that would cause the laws of another jurisdiction to be applied). Any and all disputes between Licensor and Licensee in connection with or arising out of this Agreement, which the parties are unable to resolve between themselves, shall be finally settled by arbitration. The arbitration shall be held in Seoul, Korea in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrator(s) appointed in accordance with the said rules. The arbitration award rendered by the arbitrator(s) shall be final and binding upon the parties.

  6. 5.6

    Nonexclusive Remedy. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

  7. 5.7

    Force Majeure. Neither party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, terrorism, riot, natural disasters or governmental action.

  8. 5.8

    Entire Agreement; Modification; Interpretation. This Agreement constitutes the complete and exclusive understanding and agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, relating to its subject matter. Failure to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of this Agreement will be effective only if in writing and signed by Licensee and an authorized representative of Licensor. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.

  9. 5.9

    U.S. Government End Users. The Software is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Software include only those rights customarily provided to the public as defined in this Agreement. This customary license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Software with only those rights set forth herein.

  10. 5.10

    Third Party Beneficiary. Licensee hereby acknowledges and agrees that ARM is a third-party beneficiary to this Agreement and that ARM is entitled to the rights and benefits hereunder and may enforce the provisions hereof against Licensee as if ARM was a party hereto.

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TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

This End User License Agreement ("Agreement") is a legal agreement concerning Licensee's use of the Software (defined hereafter) described below. The rights granted to the Software are expressly conditioned upon acceptance of these terms and conditions in this Agreement for the Purpose. The company and its employees who are using the Software ("Licensee") agree to be bound by the terms and conditions of this Agreement by using the Software, regardless of whether Licensee received the Software from Samsung Electronics Co., Ltd. ("Licensor") directly or through an authorized distributor.

Licensee agrees as follows:

1. DEFINITIONS

  1. 1.1

    "Software" means the specific software products, marvell89xx in object code form, and all related documentation provided to Licensee.

  2. 1.2

    "Purpose" means use of the Software solely for the purpose of developing or executing applications which are targeted for use on an integrated circuit manufactured by or for Licensor that incorporates a Bluetooth and Wlan Core.

  3. 1.3

    "ARM" means ARM Limited, whose registered office is situated at 110 Fulbourn Road, Cambridge CB1 9NJ, England, and its affiliates.

2. LICENSE

  1. 2.1

    Licensor hereby grants Licensee a limited, non-exclusive, non-transferable, non-sublicensable, revocable, restricted right to use the Software in object code form only solely for the Purpose during the Term.

  2. 2.2

    Licensee hereby agrees to comply with the additional following obligations:

    1. 2.2.1 The Software should be used solely for the Purpose.
    2. 2.2.2 Licensee will not transfer, assign, lease, lend or rent the Software or documentation, use them to provide service bureau, time-sharing or other services, or otherwise provide or make the functionality thereof available to third parties except as expressly authorized in this Agreement.
    3. 2.2.3 Licensee will not disassemble, decompile, reverse engineer, modify, adapt, alter or create derivative works of the Software or documentation nor permit any third party to do so.
    4. 2.2.4 Licensee will not delete or in any manner alter the copyright, trademark or other proprietary rights notices appearing on the Software or documentation as delivered or distributed by Licensor. Licensee will reproduce such notices on all copies Licensee is authorized to make of the Software.

3. WARRANTIES AND LIMITATION OF LIABILITY

  1. 3.1

    No Warranty. Licensor expressly disclaims any representation or warranty that the Software will meet Licensee's requirements, that the Software will operate in combination with any other equipment, devices, software or systems, or that the operation of the Software will be error-free or uninterrupted. The Software is provided "AS IS" and "WITH ALL FAULTS". LICENSOR DISCLAIMS ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OR COMPLETENESS OF RESULTS, CONFORMANCE WITH DESCRIPTION, AND NON-INFRINGEMENT. LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. NO INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AGENTS, EMPLOYEES, OR REPRESENTATIVES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY REPRESENTATION OR WARRANTY. LICENSEE'S USE OF THE SOFTWARE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS AT LICENSEE'S OWN DISCRETION AND RISK AND LICENSEE ISSOLELY RESPONSIBLE FOR ANY DAMAGE TO LICENSEE'S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

  2. 3.2

    Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL LICENSORBE LIABLE TO LICENSEE FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), FAILURE OF A REMEDY TO ACCOMPLISH ITS PURPOSE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. TERMINATION

  1. 4.1

    Termination. This Agreement and the licenses and rights granted herein shall be effective from the first use of the Software by Licensee until twenty-four (24) months thereafter ("Term"). Each party may terminate this Agreement by giving prior written notice to the other party. Upon termination Licensee shall cease to use the Software and delete all Software and documentation. Licensor will have the right to terminate this Agreement immediately if Licensee: asserts any claim against Licensor and its licensees or customers alleging that the Software infringes or misappropriates any of Licensee's intellectual property rights. Each party will have the right to terminate this Agreement if the other becomes insolvent or makes an assignment for the benefit of creditors, or a trustee or receiver is appointed for such other party or for a substantial part of its assets, or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against such other party. Termination of this Agreement immediately terminates all licenses and rights granted hereunder.

  2. 4.2

    Effect of Termination. Upon termination or expiration of this Agreement, all Software licenses and rights to use confidential information that are granted there under shall terminate. Upon termination of this Agreement or expiration of the Term, Licensee will, at Licensor's sole discretion, promptly return to Licensor or destroy the applicable Software and confidential information and all copies and portions thereof, in all forms and types of media.

  3. 4.3

    Survival. Sections 1, 2.2, 3, 4 and 5 will survive the termination or expiration of this Agreement.

5. GENERAL

  1. 5.1

    Confidentiality. Licensee acknowledges and agrees that the Software was developed at considerable time and expense and contains valuable trade secrets and confidential information. Accordingly, Licensee agree to maintain the Software in confidence and except as expressly provided in Section 2.1 (Grant of License), "Licensee(i)" will not disclose or provide access thereto to any person, or (ii) use the Software for any purpose not expressly authorized hereby, or permit or authorize any other person to do so. The restriction herein shall not apply to the extent that such information is in the public domain or hereafter falls into the public domain through no fault of Licensee. Any combination of Licensor trade secrets and information that forms part of the Software shall not be deemed to be public merely because individual parts of the Software are in the public domain. Licensee acknowledges that violations of the confidentiality obligations herein may cause Licensor irreparable injury for which an adequate remedy at law may not be available. Therefore, Licensor shall be entitled to seek all remedies that may be available under equity, including immediate injunctive relief, in addition to whatever remedies may be available at law.

  2. 5.2

    Indemnification. To the extent permitted by law, Licensee agrees to indemnify, defend and hold harmless Licensor, its affiliates, directors, officers, and employees (each a "Licensor Indemnified Party") from any and all claims, losses, liabilities, damages, expenses and costs (including without limitation attorneys fees and court costs) incurred by a Licensor Indemnified Party as a result of: (i) Licensee's breach of this Agreement; or (ii) any claims that the distribution, make, sale, offer for sale, use or importation of Licensee's product (excluding the Software as provided by Licensor) infringes or misappropriates any third party intellectual property or proprietary rights.

  3. 5.3

    Export Control. Licensee agrees to comply fully with all relevant export laws and regulations, including but not limited to those of the United States and the Member States of the European Union. These laws include restrictions on destinations, end-users and end use. Licensee will ensure that neither the Software, nor any direct product thereof are: (a) exported or re-exported directly or indirectly in violation of applicable export laws; or (b) used for any purposes prohibited by applicable export laws, including but not limited to nuclear, chemical, or biological weapons proliferation. Licensee will, at Licensor's request, demonstrate compliance with all such applicable export laws, restrictions, and regulations.

  4. 5.4

    Assignment. Licensee may not assign this Agreement, in whole or in part, by operation of law or otherwise. Any attempt to assign this Agreement will be void and no effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's permitted successors and assigns.

  5. 5.5

    Governing Law and Jurisdiction. This Agreement, including all matters of construction, validity, and performance, shall be governed by and construed and enforced in accordance with the laws of the Republic of Korea (without giving effect to any conflict of law rule that would cause the laws of another jurisdiction to be applied). Any and all disputes between Licensor and Licensee in connection with or arising out of this Agreement, which the parties are unable to resolve between themselves, shall be finally settled by arbitration. The arbitration shall be held in Seoul, Korea in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrator(s) appointed in accordance with the said rules. The arbitration award rendered by the arbitrator(s) shall be final and binding upon the parties.

  6. 5.6

    Nonexclusive Remedy. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

  7. 5.7

    Force Majeure. Neither party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, terrorism, riot, natural disasters or governmental action.

  8. 5.8

    Entire Agreement; Modification; Interpretation. This Agreement constitutes the complete and exclusive understanding and agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, relating to its subject matter. Failure to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of this Agreement will be effective only if in writing and signed by Licensee and an authorized representative of Licensor. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.

  9. 5.9

    U.S. Government End Users. The Software is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Software include only those rights customarily provided to the public as defined in this Agreement. This customary license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Software with only those rights set forth herein.

  10. 5.10

    Third Party Beneficiary. Licensee hereby acknowledges and agrees that ARM is a third-party beneficiary to this Agreement and that ARM is entitled to the rights and benefits hereunder and may enforce the provisions hereof against Licensee as if ARM was a party hereto.

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SOFTWARE LICENSE AGREEMENT

Unless you and Broadcom Corporation ("Broadcom") execute a separate written software license agreement governing use of the accompanying software, this software is licensed to you under the terms of this Software License Agreement ("Agreement").

ANY USE, REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS

  1. 1.1

    "Broadcom Product" means any of the proprietary integrated circuit product(s) sold by Broadcom with which the Software was designed to be used, or their successors.

  2. 1.2

    "Licensee" means you or if you are accepting on behalf of an entity then the entity and its affiliates exercising rights under, and complying with all of the terms of this Agreement.

  3. 1.3

    "Software" shall mean that software made available by Broadcom to Licensee in binary code form with this Agreement.

2. LICENSE GRANT; OWNERSHIP

  1. 2.1

    License Grants. Subject to the terms and conditions of this Agreement, Broadcom hereby grants to Licensee a non-exclusive, non-transferable, royalty-free license (i) to use and integrate the Software in conjunction with any other software; and (ii) to reproduce and distribute the Software complete, unmodified and as provided by Broadcom, and only for use with a Broadcom Product.

  2. 2.2

    Restriction on Modification. Licensee may not make any modifications to the Software.

  3. 2.3

    Restriction on Distribution. Licensee shall only distribute the Software under the terms of this Agreement and a copy of this Agreement accompanies such distribution.

  4. 2.4

    Proprietary Notices. Licensee shall not remove, efface or obscure any copyright or trademark notices from the Software. Licensee shall include reproductions of the Broadcom copyright notice with each copy of the Software, except where such Software is embedded in a manner not readily accessible to the end user. Licensee acknowledges that any symbols, trademarks, trade names, and service marks adopted by Broadcom to identify the Software belong to Broadcom and that Licensee shall have no rights therein.

  5. 2.5

    Ownership. Broadcom shall retain all right, title and interest, including all intellectual property rights, in and to the Software. Licensee hereby covenants that it will not assert any claim that the Software created by or for Broadcom infringe any intellectual property right owned or controlled by Licensee; provided however, the foregoing shall not apply in case the Agreement is terminated.

  6. 2.6

    No Other Rights Granted; Restrictions. Apart from the license rights expressly set forth in this Agreement, Broadcom does not grant and Licensee does not receive any ownership right, title or interest nor any security interest or other interest in any intellectual property rights relating to the Software, nor in any copy of any part of the foregoing. No license is granted to Licensee in any human readable code of the Software (source code). Licensee shall not (i) use, license, sell or otherwise distribute the Software except as provided in this Agreement, (ii) attempt to modify in any way, reverse engineer, decompile or disassemble any portion of the Software; or (iii) use the Software or other material in violation of any applicable law or regulation, including but not limited to any regulatory agency, such as FCC, rules.

3. NO WARRANTY OR SUPPORT

  1. 3.1

    No Warranty. THE SOFTWARE IS OFFERED "AS IS," AND BROADCOM GRANTS AND LICENSEE RECEIVES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE, COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE. BROADCOM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR NONINFRINGEMENT CONCERNING THE SOFTWARE OR ANY UPGRADES TO OR DOCUMENTATION FOR THE SOFTWARE. WITHOUT LIMITATION OF THE ABOVE, BROADCOM GRANTS NO WARRANTY THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE RESULTS THEREFROM INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY OR RELIABILITY.

  2. 3.2

    No Support. Nothing in this agreement shall obligate Broadcom to provide any support for the Software. Broadcom may, but shall be under no obligation to, correct any defects in the Software and/or provide updates to licensees of the Software. Licensee shall make reasonable efforts to promptly report to Broadcom any defects it finds in the Software, as an aid to creating improved revisions of the Software.

  3. 3.3

    Dangerous Applications. The Software is not designed, intended, or certified for use in components of systems intended for the operation of weapons, weapons systems, nuclear installations, means of mass transportation, aviation, life-support computers or equipment (including resuscitation equipment and surgical implants), pollution control, hazardous substances management, or for any other dangerous application in which the failure of the Software could create a situation where personal injury or death may occur. Licensee understands that use of the Software in such applications is fully at the risk of Licensee.

4. TERM AND TERMINATION

  1. 4.1

    Termination. This Agreement will automatically terminate if Licensee fails to comply with any of the terms and conditions hereof. In such event, Licensee must destroy all copies of the Software and all of its component parts.

  2. 4.2

    Effect Of Termination. Upon any termination of this Agreement, the rights and licenses granted to Licensee under this Agreement shall immediately terminate.

  3. 4.3

    Survival. The rights and obligations under this Agreement which by their nature should survive termination will remain in effect after expiration or termination of this Agreement.

5. CONFIDENTIALITY

  1. 5.1

    Obligations. Licensee acknowledges and agrees that any documentation relating to the Software, and any other information (if such other information is identified as confidential or should be recognized as confidential under the circumstances) provided to Licensee by Broadcom hereunder (collectively, "Confidential Information") constitute the confidential and proprietary information of Broadcom, and that Licensee's protection thereof is an essential condition to Licensee's use and possession of the Software. Licensee shall retain all Confidential Information in strict confidence and not disclose it to any third party or use it in any way except under a written agreement with terms and conditions at least as protective as the terms of this Section. Licensee will exercise at least the same amount of diligence in preserving the secrecy of the Confidential Information as it uses in preserving the secrecy of its own most valuable confidential information, but in no event less than reasonable diligence. Information shall not be considered Confidential Information if and to the extent that it: (i) was in the public domain at the time it was disclosed or has entered the public domain through no fault of Licensee; (ii) was known to Licensee, without restriction, at the time of disclosure as proven by the files of Licensee in existence at the time of disclosure; or (iii) becomes known to Licensee, without restriction, from a source other than Broadcom without breach of this Agreement by Licensee and otherwise not in violation of Broadcom's rights.

  2. 5.2

    Return of Confidential Information. Notwithstanding the foregoing, all documents and other tangible objects containing or representing Broadcom Confidential Information and all copies thereof which are in the possession of Licensee shall be and remain the property of Broadcom, and shall be promptly returned to Broadcom upon written request by Broadcom or upon termination of this Agreement.

6.

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM OR ANY OF BROADCOM"S LICENSORS HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BROADCOM"S LIABILITY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

7. MISCELLANEOUS

  1. 7.1

    Export Regulations. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS SUBJECT TO UNITED STATES AND OTHER APPLICABLE EXPORT-RELATED LAWS AND REGULATIONS AND THAT YOU MAY NOT EXPORT, RE-EXPORT OR TRANSFER THE SOFTWARE OR ANY DIRECT PRODUCT OF THE SOFTWARE EXCEPT AS PERMITTED UNDER THOSE LAWS. WITHOUT LIMITING THE FOREGOING, EXPORT, RE-EXPORT OR TRANSFER OF THE SOFTWARE TO CUBA, IRAN, NORTH KOREA, SUDAN AND SYRIA IS PROHIBITED.

  2. 7.2

    Assignment. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns, provided, however that Licensee may not assign this Agreement or any rights or obligation hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of Broadcom, and any such attempted assignment shall be void. Notwithstanding the foregoing, Licensee may assign this Agreement to a successor to all or substantially all of its business or assets to which this Agreement relates that is not a competitor of Broadcom.

  3. 7.3

    Governing Law; Venue. This Agreement shall be governed by the laws of California without regard to any conflict-of-laws rules, and the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in the County of Orange, California, and both parties hereby consent to such jurisdiction and venue.

  4. 7.4

    Severability. All terms and provisions of this Agreement shall, if possible, be construed in a manner which makes them valid, but in the event any term or provision of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected if the illegal or unenforceable provision does not materially affect the intent of this Agreement. If the illegal or unenforceable provision materially affects the intent of the parties to this Agreement, this Agreement shall become terminated.

  5. 7.5

    Equitable Relief. Licensee hereby acknowledges that its breach of this Agreement would cause irreparable harm and significant injury to Broadcom that may be difficult to ascertain and that a remedy at law would be inadequate. Accordingly, Licensee agrees that Broadcom shall have the right to seek and obtain immediate injunctive relief to enforce obligations under the Agreement in addition to any other rights and remedies it may have.

  6. 7.6

    Waiver. The waiver of, or failure to enforce, any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default.

  7. 7.7

    Entire Agreement. This Agreement sets forth the entire Agreement between the parties and supersedes any and all prior proposals, agreements and representations between them, whether written or oral concerning the Software. This Agreement may be changed only by mutual agreement of the parties in writing.

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