End User Licence Agreement for Arm RAN Acceleration Library
THIS END USER LICENCE AGREEMENT (“LICENCE”) IS A LEGAL AGREEMENT BETWEEN YOU (A SINGLE LEGAL ENTITY) AND ARM LIMITED ("ARM") FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS LICENCE. ARM IS ONLY WILLING TO LICENSE THE SOFTWARE TO YOU ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY CLICKING “I AGREE” OR BY INSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE, AND YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO ARM AND ASK FOR A REFUND OF ANY LICENCE FEE PAID (IF ANY).
“Input” means all feature requests, suggestions, comments, feedback, ideas, or know-how (whether in oral or written form) provided by you or your affiliates to Arm relating to the Software.
“Software” means the software programme in source code form and all accompanying example application code and data, any printed, electronic or online documentation supplied with it, and any updates, patches and modifications ARM may make available to you under the terms of this Licence.
“Third Party Licenses File” means a software file or folder named “third_party_licenses.txt" in the Software (or components thereof) which (if applicable) details any third party material included in the Software which is not licensed under the terms of this Licence, and a reference to the applicable third party license terms and conditions.
“Your Software” means Your wireless communication infrastructure software.
1. LICENCE GRANTS.
Licence to You:
1.1. SOFTWARE: Arm hereby grants to you, subject to the terms and conditions of this Licence, a non-exclusive, non-transferable, worldwide licence, to
(a) use and copy the Software for internal evaluation;
(b) use, copy, and modify the Software source code for use with Your Software; and
(c) subject to Clause 1.2 below, distribute the object code of the modified versions of the Software source code created under the licences in Clause 1.1(b) only as incorporated into or for incorporation into Your Software.
1.2 REDISTRIBUTION: Any redistribution of the whole or any part of the modified Software as permitted by this License is subject to any restrictions set out in this Licence and your compliance with the following:
(a) You shall not redistribute the Software in source code form but may distribute object code in accordance with the licence granted in Clause 1.1(c) above;
(b) You may not use Arm’s or any of its licensors names, logos or trademarks to publicize or market Your Software containing (or developed or generated) using the modified Software;
(c) You shall reproduce or preserve (as applicable) any copyright notices which are included in or with the Software or components thereof.
(d) You shall ensure that your end user does not (i) reverse engineer, decompile or disassemble the modified Software, including for the purposes of error correction (except to the extent that such activity is permitted by applicable law); (ii) modify the modified Software or any portion thereof; (iii) use the modified Software other than as incorporated into the Your Software product;
(e) You shall not make any representations or warranties on behalf of Arm in respect of the Software or modified Software generated by you in accordance with the license grants set out in this Licence.
Licence to Arm
1.3 You may at your discretion deliver any Input to Arm.
1.4 Except as expressly agreed to the contrary in writing by both parties, you hereby grant to Arm and its subsidiaries under your and your affiliates (as applicable) intellectual property a perpetual, irrevocable, royalty free, non-exclusive, worldwide licence to: (i) use, copy, modify, and create derivative works of the Input as part of any or all of the Deliverables and any other Arm product(s); (ii) sell, supply or otherwise distribute the whole or any part of the Input (and derivative works thereof) as part of any or all of the Deliverables and any other Arm product(s); and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. No right is granted by you to Arm to sublicense your and your affiliates (as applicable) intellectual property except to the extent that it is provided to Arm as Input and is embodied in any Arm owned or licensed product(s).
1.5 Except as expressly licensed to Arm in Clause 1.4, you retain all right, title and interest in and to the Input provided by you under this Licence.
1.6 You shall not knowingly give to Arm any Input you have reason to believe is subject to any patent, copyright
or other intellectual property claim or right of any third party.
1.7 For the avoidance of doubt, Arm shall be free to use, copy, disclose or otherwise distribute any Input as part of any Arm owned or licensed product(s) to any third party or pursuant to any of the licences granted in Clause 1.4 without obligation or restriction of any kind.
2. RESTRICTIONS ON USE OF THE SOFTWARE.
2.1 COPYING: You shall not use or copy the Software except as expressly authorised in this Licence. You may make one additional copy of the delivered Software for backup or archival purposes.
2.2 COPYRIGHT AND RESERVATION OF RIGHTS: Except as expressly licensed above, you acquire no right, title or interest in the Software or any intellectual property therein. The Software is licensed not sold. You acquire no rights to the Software other than as expressly provided by this Licence. You shall not remove from the Software any copyright notice or other notice and shall ensure that any such notice is reproduced in any copies of the whole or any part of the Software made by you or other permitted users.
2.3 PERMITTED USERS: The Software may be used only by your employees, or by your bona fide sub-contractors for whose acts and omissions you hereby agree to be responsible for to the same extent as you are for the acts and omissions of your employees, provided that: such sub-contractors; (i) work only onsite at your premises or remotely within your IT network; (ii) comply with the terms of this Licence; (iii) are contractually obligated to use the Software only for your benefit, and (iv) agree to assign all their work product and any rights they create in that product in the supply of such work to you. Only the single legal entity to whom Arm is supplying this Licence may use the Software. Except as provided in this clause, you shall not allow third parties to use the Software unless Arm specifically agrees otherwise with you on a case by case basis.
2.4 REVERSE ENGINEERING: Except to the extent that such activity is permitted by applicable law you shall not reverse engineer, decompile or disassemble any of the Software. If the Software was provided to you in Europe you shall not reverse engineer, decompile or disassemble any of the Software for the purposes of error correction. You shall not work around any technical restrictions in the Software.
2.5 BENCHMARKING: This Licence does not prevent you from using the Software for internal benchmarking purposes. However, you shall treat any and all benchmarking data relating to the Software, and any other results of your use or testing of the Software which are indicative of its performance, efficacy, reliability or quality, as confidential information and you shall not disclose such information to any third party without the express written permission of Arm.
2.6 RESTRICTIONS ON TRANSFER OF LICENSED RIGHTS: The rights granted to you under this Licence may not be assigned, sublicensed or otherwise transferred by you to any third party without the prior written consent of Arm. An assignment shall be deemed to include, without limitation; (i) any transaction or series of transactions whereby a third party acquires, directly or indirectly, the power to control the management and policies of you, whether through the acquisition of voting securities, by contract or otherwise; or (ii) the sale of more than fifty percent (50%) of your assets whether in a single transaction or series of transactions. You shall not rent or lease the Software.
The Software, including any derivatives thereof, data relating to the performance of the Software (including any derivatives), and any information provided by Arm in respect of use of the Software may contain trade secrets and confidential material, and you agree to maintain them in confidence and apply security measures no less stringent than the measures which you apply to protect your own like information, but not less than a reasonable degree of care, to prevent their unauthorised disclosure and use. Subject to any restrictions imposed by applicable law, the period of confidentiality shall be indefinite. You agree that you shall not use any such information other than in normal use of the Software under the licences granted in this Licence. You agree that Arm may disclose to its affiliates any confidential information received from you in respect of or related to your use of the Software.
4. NO SUPPORT.
Arm has no obligation to support or to continue providing or updating any of the Software.
5. NO WARRANTIES.
THE SOFTWARE IS LICENSED “AS IS” AND THAT ARM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
6. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER SUCH DAMAGES ARE ALLEGED AS A RESULT OF TORTIOUS CONDUCT (INCLUDING NEGLIGENCE) OR BREACH OF CONTRACT OR OTHERWISE EVEN IF ARM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE; AND (II) $10.00 USD. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THE LIMIT.
Nothing in this Licence excludes liability for death or personal injury arising from ARM’s negligence or fraud.
7. THIRD PARTY MATERIAL.
7.1 The Software may contain material owned or developed by third parties, including but not limited to open source software, freeware and commercial software (“Third Party Material”). Details relating to such Third Party Material shall either be presented to you at the time of installation or shall be detailed in the Third Party Licenses File(s). Your use of such Third Party Material is subject to your compliance with the applicable Third Party Material license(s) and such Third Party Material is not covered by this Licence.
7.2 Arm hereby disclaims any and all warranties express or implied from any third parties regarding, or otherwise connected with, any Third Party Material included in the Software and any Third Party Material from which the Software is derived, and/or your use of any or all of the Third Party Material in connection with Your Software, including (without limitation) any warranties of satisfactory quality or fitness for a particular purpose.
7.3 No Third Party Material licensors shall have any liability for any direct, indirect, incidental, special, exemplary, or consequential damages (including without limitation lost profits) howsoever caused and whether made under contract, tort or otherwise arising in any way out of your use or distribution of the Third Party Material or the exercise of any rights granted under either or both this Licence and the legal terms applicable to any Third Party Material, even if advised in advance of the possibility of such damages.
8. U.S. GOVERNMENT END USERS.
US Government Restrictions: Use, duplication, reproduction, release, modification, disclosure or transfer of the Software is restricted in accordance with the terms of this Licence.
9. TERM AND TERMINATION.
This Licence shall remain in force unless terminated by you or by Arm. Either party may terminate this Licence at any time upon giving written notice to the other party. Upon termination of this Licence by you or by Arm, you shall stop using the Software and destroy all copies of the Software in your possession together with all documentation and related materials and ensure that any subcontractors which you have allowed to use the Software under Clause 2 stop using the Software and destroy all copies of the Software in their possession together with all documentation and related materials. The provisions of Clauses 1.4, 2, 3, 4, 5, 6, 7, 8, 9, and 10 shall survive termination of this Licence.
This Licence is governed by English law. Except where Arm agrees otherwise in; (i) a written contract signed by you and Arm; or (ii) a written contract provided by Arm and accepted by you, this is the only agreement between you and Arm relating to the Deliverables and it may only be modified by written agreement between you and Arm. This Licence may not be modified by purchase orders, advertising or other representation by any person. If any clause or sentence in this Licence is held by a court of law to be illegal or unenforceable the remaining provisions of this Licence shall not be affected thereby. The failure by Arm to enforce any of the provisions of this Licence, unless waived in writing, shall not constitute a waiver of Arm's rights to enforce such provision or any other provision of this Licence in the future.
The Software provided under this Licence may be subject to U.K., European Union, and U.S. export control laws and regulations, including the U.S. Export Administration Regulations (hereafter collectively referred to as “Export Laws”). You agree to comply fully with all applicable Export Laws and you agree that you shall not, either directly or indirectly, export in breach of the Export Laws any Software received under this Licence, nor any direct products thereof: (i) to any country, company or person subject to export restrictions or sanctions under the applicable Export Laws without required export authorization; or (ii) for any prohibited end use, including, without limitation, nuclear, chemical, or biological weapons proliferation, which at the time of export requires an export license or other governmental approval, without first obtaining such license or approval. You acknowledge that the Software provided under this Licence is dual-use, and not subject to the International Traffic in Arms Regulations (“ITAR”), the 600 Series of the Export Administration Regulations or other military controls. You are prohibited from sharing ITAR-controlled technical data, 600 series controlled technology, other sensitive military information, or any other information that might require an export license or other export authorization without prior written consent from Arm. Arm will provide Export Control Classification Numbers (ECCNs) for licensed Software upon request to email@example.com.
ARM contract references: Document ID VCX7RPJDF4PF-6178 / ID 12876 EULA – Arm RAN Acceleration Library.
Third party licenses
This file lists the package level copyright and license information for third party software included in this release of 'Arm RAN Acceleration Library'. Refer to the License Agreement (End User License Agreement (EULA)) that accompanies this release of 'Arm RAN Acceleration Library' for terms and conditions relating to your use of such third party software.
The information is grouped into two sections. The first section lists out details of third party software projects, including names of the applicable licenses as per the SPDX format (http://spdx.org/licenses). The second section includes the full license text of all applicable licenses referenced in the first section.
SECTION 1: THIRD PARTY SOFTWARE PROJECTS
Name: CMSIS_5 v5.6.0
Summary: Cortex Microcontroller Software Interface Standard (CMSIS).
License(s): Apache License 2.0 (Apache-2.0). See later section for a copy of license text.
Copyright(s): Copyright (C) 2019 Arm Limited. All rights reserved. For full list, please refer to Source(s).
SECTION 2: APPLICABLE LICENSES
1) License Text (Apache-2.0) for 'CMSIS_5'Apache License
Version 2.0, January 2004
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
"License" shall mean the terms and conditions for use, reproduction,and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work.
To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.
Copyright [yyyy] [name of copyright owner]
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0
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END OF FILE: third_party_licenses.txt