gistfile1.txt

End User Licence Agreement for the the Update to the ARM Developer Suite Version 1.2

IMPORTANT: READ CAREFULLY PRIOR TO ANY INSTALLATION OR USE OF THE SOFTWARE

You are in possession of certain software ("Software") identified in the attached Schedule 1. The Software is owned by ARM Limited ("ARM") or its licensors and is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. The Software is licensed not sold. ARM IS WILLING TO LICENCE THE SOFTWARE TO YOU UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENCE. YOU WERE ADVISED AT THE TIME THAT THE SOFTWARE WAS PROVIDED TO YOU THAT ANY USE BY YOU OF THE SOFTWARE WILL BE REGULATED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT ("Agreement").

ACCEPTANCE

If you agree with and accept the terms and conditions of this Agreement it shall become a legally binding agreement between you and ARM Limited and you may proceed to install, copy and use the Software in accordance with the terms and conditions of the Agreement.

REJECTION AND RIGHT TO A REFUND

If you do not agree with or do not wish to be bound by the terms and conditions of this Agreement you may NOT install, copy or use the Software and should promptly return the Software to the person who provided it to you for a full refund.

TERMS AND CONDITIONS

1.	Software Licence Grant

ARM hereby grants to you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable, worldwide licence to;

*	use and copy the Software identified in Schedule 1 Part A;

*	use the documentation identified in Schedule 1 Part B.

*	distribute the whole or any part of the C Libraries identified in Schedule 1 Part A ("Libraries"), provided that the Libraries are incorporated into a software application which is developed by you and which is licensed to run only on microprocessors manufactured under licence from ARM.

2.	Restrictions on Use of the Software

Except for the making of one additional copy of the Software for backup purposes only, copying of the Software by you is limited to the extent necessary for; (a) use of the Software on a single computer, or where you have purchased multiple licences for use of the Software, use on as many computers as are licensed to run concurrently and (b) distributing derived binary code incorporated into software application programs developed by you as permitted under the terms of this Agreement.

Except to the extent that such activity is permitted by applicable law you shall not reverse engineer, decompile or disassemble any of the Software identified in Schedule 1 Part A. If the Software was provided to you in Europe you shall not reverse engineer, decompile or disassemble any of the Software identified in Schedule 1 Part A for the purposes of error correction.

You shall only use the Software on a single computer connected to a single monitor at any one time except that where you have purchased a floating licence you may either; (i) use the Software from a common disc running on a server and shared by multiple computers provided that one authorised copy of the Software has been licensed for each computer concurrently using the Software; or (ii) where the Software is copied locally on to a computer following download from a server across a network you may use such copy of the Software provided that one authorised copy of the Software has been licensed for each computer concurrently using the Software.

You shall not make copies of the documentation identified in Schedule 1 Part B.

You acquire no rights to the Software other than as expressly provided by this Agreement.

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.

Except in respect of Singapore and Korea, you shall not knowingly ship or divert for use the Software in any country or countries which has ratified neither the Berne Copyright Convention nor the Universal Copyright Convention without first obtaining written permission from ARM.

3.	Support

If you purchased the software directly from ARM, you are entitled to reasonable telephone and e-mail support for the Software for the period of twelve (12) months, commencing from the day of purchase; such support to be prioritised at ARM's discretion. Support supplied by ARM may not be used as a substitute for training nor as additional resource for your programming projects. Support contact details can be found on both the sticker of your product packaging and in the email attachment sent with your product license file.

If you did not purchase the Software directly from ARM then, except as provided as a remedy to any claim under the limited warranties provided in Clause 5, you are not entitled to any support for the Software from ARM under this Agreement. The vendor who sold the Software to you may or may not offer support to you for the Software. 

Details of how to obtain support from your supplier, whether ARM or another vendor, can be found in the Technical Support area of http://www.arm.com/

4.	Restrictions on Transfer of Licensed Rights

The rights granted to you under this agreement may not be assigned, sublicensed or otherwise transferred by you to any third party without the prior written consent of ARM. You shall not rent or lease the Software.

5.	Limited Warranties

For the period of ninety (90) days from the date of receipt by you of the Software, ARM warrants to you that;

*	the media on which the Software is provided shall be free from defects in materials and workmanship under normal use; and

*	the Software will perform substantially in accordance with the accompanying documentation.

ARM's total liability and your exclusive remedy for breach of the limited warranties given above shall be limited to ARM, at ARM's option; (a) refunding the price paid by you for the Software; or (b) replacing the defective Software; or (c) using reasonable efforts to correct material, documented, reproducible defects in the Software and delivering such corrected Software to you. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is the longer. EXCEPT AS PROVIDED ABOVE ARM EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE 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 (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, EVEN IF ARM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ARM does not seek to limit or exclude liability for death or personal injury arising from ARM's negligence and because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages the above limitation relating to liability for consequential damages may not apply to you.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, 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 AGREEMENT SHALL NOT EXCEED THE TOTAL OF SUMS PAID BY YOU TO ARM UNDER THIS AGREEMENT.

7.	Third Party Rights

Software provided under this Agreement may contain or be derived from portions of materials provided by a third party under licence to ARM. THE THIRD PARTY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE USE OF SUCH MATERIALS IN CONNECTION WITH THE SOFTWARE, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF ANY APPLICATION PROGRAMS YOU MAY CREATE WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION, APPLICATIONS DESIGNED OR INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS, WEAPONARY, AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

8.	Government End Users. 

If you are acquiring the Software and fonts on behalf of any unit or agency of the United States Government, the following provisions apply. The Software constitutes a "commercial item", as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 C.F.R. 12.212 (Sept.1995), and is provided to the U.S. Government only as a commercial end item. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein [ARM Limited].

9.	Term and termination

This Agreement shall remain in force until terminated by you or by ARM.

Without prejudice to any of its other rights if you are in breach of any of the terms and conditions of this Agreement then ARM may terminate the Agreement immediately upon giving written notice to you.

You may terminate this Agreement at any time.

Upon termination of this Agreement 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.

The provisions of Clauses 6, 7, 8, 9 and 10 shall survive termination of the Agreement.

10.	General

This Agreement is governed by English Law.

This is the only agreement between you and ARM relating to the Software and it may only be modified by written agreement between you and ARM. This Agreement may not be modified by purchase orders, advertising or other representation by any person.

If any Clause in this Agreement is held by a court of law to be illegal or unenforceable the remaining provisions of the Agreement shall not be affected thereby.

The failure by ARM to enforce any of the provisions of this Agreement, unless waived in writing, shall not constitute a waiver of ARM's rights to enforce such provision or any other provision of the Agreement in the future.

Use, copying or disclosure by the US Government is subject to the restrictions set out in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

The Software provided under this Agreement is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply fully with all laws and regulations of the United States and other countries ("Export Laws") to assure that neither the Software, nor any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, either to any countries that are subject to U.S.A. export restrictions or to any end user who has been prohibited from participating in the U.S.A. export transactions by any federal agency of the U.S.A. government; or (2) intended to be used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. 


Schedule 1.

Software

Part A (Object code)

C Libraries 

Part B (Documentation)

Applications Note 98 PDF documentation



22 August, 2002		V1.0

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