SPEAr1340 Android hardware pack
Android hardware pack are proprietary libraries for STMicroelectronics SPEAr eMPUs (SPEAr1340).
The complete Android package can be found on http://code.google.com/p/floid/
To obtain the SPEAr1340 Android hardware pack read carefully the license agreement, then proceed with the steps outlined in the "Procedure" section.
Section 1: License
LIMITED LICENSE AGREEMENT FOR ST MATERIALS
IMPORTANT-READ CAREFULLY: This Limited License Agreement ("LLA") is made between you (either an individual person or a single legal entity, who will be referred to in this LLA as "You" or “Licensee”) and STMicroelectronics International NV, a company incorporated under the laws of Switzerland acting for the purpose of this LLA through its Swiss branch (hereinafter “ST”) for the software licensed materials that accompany this LLA, including any associated media, printed materials and electronic documentation (the "Licensed Materials"). The Licensed Materials include any software updates and supplements, that ST may provide You or make available to You after the date You obtain the Licensed Materials to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the Licensed Materials, You agree to be bound by the terms of this LLA. If You do not agree with any and all the terms of this LLA, do not install, access or use the Licensed Materials; in such event return the Licensed Materials (as applicable) to ST or the authorized provider as applicable.
1. LIMITED LICENSE
Subject to the terms and conditions of this LLA and applicable Open Source Terms (as defined hereafter) and during the term of this LLA, ST hereby grants You a non-exclusive, non-transferable, paid-up, copyright license, without the right to sub-license (except as expressly stipulated herein), to use and reproduce the Licensed Materials in object code solely and exclusively with ST chipsets or integrated circuits (“ST Chipsets”) for incorporation in a Licensee Product (as defined hereinafter) and subsequent distribution directly or indirectly of said Licensee Product embedding Licensed Materials (“Limited License Purpose”).
Subject to the terms and conditions of this LLA, You will be authorized to sub-license the Licensed Materials solely as part of your software or hardware application (“Licensee Product”) and not as a stand-alone product, solely in executable code and only for use in conjunction with ST Chipsets as embedded in the Licensee Product ultimately by end user. You will enter into an agreement with your customer under terms and conditions no less stringent as the terms of this LLA. Upon request, You shall provide all requested contact information of your customers to ST.
Subject to the terms and conditions of this LLA, ST hereby grants You a non-exclusive, non-transferable, personal, paid-up, copyright license, to use internally the Licensed Materials made available as comments, annotations, instructions, manuals, and other written materials, whether in printed or electronic form, including without limitation installation manuals, user’s guides, and programmer guides (“Documentation”) only within Licensee's organization, solely to support and exercise the rights granted under this article 1, without the right to sub-license or distribute totally or partially such Documentation.
You acknowledge that the Licensed Materials has not been specifically designed to meet Your individual requirements and that You have all information necessary to evaluate whether the Licensed Materials meets your requirements and any software item substantially complies with the Documentation. Therefore the Licensed Materials shall be deemed accepted upon delivery to Licensee. You shall use, at your own risk, the Licensed Materials and any development that is obtained from such use. You acknowledge that ST cannot in any way be held responsible for the consequences resulting from use of the Licensed Materials and any development made following such use of the Licensed Materials. Notwithstanding anything to the contrary herein, You are not authorized to sublicense to or have used the Licensed Materials by a competitor of ST.
You acknowledge that the Licensed Materials are being provided under license and that you are receiving the Licensed Materials under license and not as a purchaser of the Licensed Materials.
2. RESTRICTIONS
Unless otherwise expressly stipulated under Article 1, You shall not, and shall not permit any third party to: (i) copy, reproduce or duplicate the Licensed Materials; (ii) translate, modify, adapt, decompile, disassemble or reverse engineer and make derivative works of (any portion of) the Licensed Materials; (iii) rent, disclose, publish, sell, assign, lease, lend, sublicense, market, transfer, distribute or otherwise provide third parties access to (any portion of) the Licensed Materials for any purpose; (iv) attempt to derive the source code, algorithmic nature or structure of any object code portions of the Licensed Materials; (v) use the Licensed Materials to create any product that competes with the Licensed Materials; (vi) remove or circumvent any protection or other restrictive technology mechanism of the Licensed Materials or ST Chipsets; (vii) disclose the results of the Licensed Materials’ performance benchmarks to any third party; or (viii) otherwise use (any portion of) the Licensed Materials in any manner not expressly authorized by this LLA.
Other than the limited expressed license granted to You under Article 1 herein, no other rights or licenses are granted, or implied by estoppel or otherwise, under any intellectual property rights of ST and/or its affiliated companies or any intellectual property of a third-party residing in the Licensed Materials or any other confidential information furnished by ST, including (i) for the combination of such Licensed Materials or other confidential information with one or more other items (including items acquired from ST and/or its affiliated companies) even if such items have no substantial use other than as part of such combination (ii) with respect to any trademark, trade or brand name, a corporate name of ST and/or its affiliated companies, or any other name or mark, or contraction abbreviation or simulation thereof, (iii) under any intellectual property rights covering any standard set by a standard setting body and any de facto standards.
ST has no obligation to provide You with maintenance, technical support or updates for the Licensed Materials.
3. OWNERSHIP
The Licensed Materials are and will remain the exclusive property of ST or its licensors, whether or not specifically recognized or perfected under the laws of the country where the Licensed Materials are located and used. You will not take any action that jeopardizes ST's or its licensors' proprietary rights or acquire any rights in the Licensed Materials, except the limited rights specified in Article 1 within the scope of the license granted herein.
4. CONFIDENTIALITY
The Licensed Materials include confidential and proprietary information and materials and may include trade secrets. You may only use the Licensed Materials for the Limited License Purpose and shall take necessary precautions to maintain the confidentiality of the Licensed Materials provided by ST under this LLA. You shall not disclose, provide or make available the Licensed Materials and/or part thereof, including copies, to any person other than your employees who have a need to know for the Limited License Purpose, and, for the avoidance of any doubt, only as long as such employee is employed by You. You shall not remove any proprietary, copyright, trade secret and warning legends from the Licensed Materials and/or parts thereof, and You shall reproduce, without any amendment or change thereto, any proprietary rights legend and marking of ST or its third party suppliers in any Licensed Materials provided by ST.
ST has made substantial investment in the development of the Licensed Materials. The Licensed Materials and any and all parts thereof are of utmost confidential and importance to ST. Any disclosure thereof by You to unauthorized persons and/or any use of the Licensed Materials and/or parts thereof in conflict with the terms and conditions of this LLA may create substantial and irreparable harm to ST.
All employees having access to the Licensed Materials have undertaken confidentiality obligations on terms no less onerous than (i) your internal confidentiality policies as regards your own information and products of like sensitivity and importance and (ii) the terms of this LLA, and that such confidentiality terms include an obligation to maintain confidentiality also after termination or expiry of the employment with You. You are liable towards ST for any damages incurred due to a failure by any employee or customer having access to the Licensed Materials to comply with the provisions in this LLA. You further commit to record and account for all copies of the Licensed Materials and to record the names of employees and customers having access to the Licensed Materials. Such information will be provided to ST at any time upon ST’s request.
You shall immediately notify ST of any unauthorised use or disclosure of, or of any unauthorised access to, or of any theft or loss of any copies of the Licensed Materials or part thereof, which comes to your notice.
Notwithstanding this Article 4, You shall not be prevented to disclose the Licensed Materials or parts thereof if (i) such disclosure is in response to a valid order of a court or any other governmental body having jurisdiction over this LLA or (ii) such disclosure is otherwise required by law, provided that You, to the extent possible, have given prior written notice to ST to allow it to seek protective or other court orders, and provided that You have made all reasonable efforts to protect the Licensed Materials and any and all parts thereof in connection with such disclosure.
These confidentiality obligations shall survive any termination or expiration of the LLA for whatever cause. You will have no confidentiality obligation with respect to any portion of the Licensed Materials that became available to the public other than as a result of Your act or omission.
5. DISCLAIMER OF WARRANTY
YOU ACKNOWLEDGE THAT THE LICENSED MATERIALS AND ANY AND ALL PARTS THEREOF ARE PROVIDED “AS IS”. ST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LICENSED MATERIALS AND OR PARTS THEREOF WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ST MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IT SHALL BE YOUR SOLE RESPONSIBILITY TO MAKE SUCH DETERMINATION AS NECESSARY WITH RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. CONSEQUENTLY, ST DISCLAIMS ANY LIABILITY IN CASE ANY SUCH USE and distribution INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE ST HEREBY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY DEVELOPMENT CREATED BY OR FOR YOU and by or for your customers.
YOU acknowledge that you have relied on no warranties other than the express warranties in this lla and that no warranties are made by ST or granted by law whenever it is permitted by law.
6. EXPORT RESTRICTIONS
You acknowledge that the Licensed Materials are subject to export controls restrictions. In accordance with the applicable export control laws and regulations, You agree that You will not knowingly export, re-export Licensed Materials, directly or indirectly, to any country to the extent export to such country at the time of export requires an export license or other governmental approval under any export control laws and regulations, without first obtaining such license or approval.
7. OPEN SOURCE
Some portion of the Licensed Materials might contain Open Source Software. Such Open Source Software might be subject to Open Source Terms applicable for each such portion, as further specified in the Licensed Materials. Such Open Source Software is supplied to You solely under the applicable Open Source Terms and is not subject to the terms of this LLA to the extent the terms of this LLA are in conflict with such applicable Open Source Terms.
Except for Open Source Software, You agrees that You have no rights under this LLA to, and may not under any circumstances use the Licensed Materials, and/or any parts thereof such that they become subject to any Open Source Terms. These actions include but are not limited to combining the Licensed Materials by means of incorporation or linking or otherwise.
For the purpose of this LLA, “Open Source Terms” shall mean any open source license that complies with the Open Source Definition specified at www.opensource.org and any other comparable open source license such as for example GNU General Public License (GPL), Eclipse Public License (EPL), Apache Software License, BSD license and MIT license, and “Open Source Software” shall mean any software that is licensed or distributed under Open Source Terms as specified in the Licensed Materials.
8. COMPLIANCE
You agree not to use the Licensed Materials in violation of any law, statute, ordinance or other regulation or any obligation to which You are bound. You agree to comply with all applicable laws and regulations regarding the use of the Licensed Materials.
Some Licensed Materials may (i) require patent licenses from third parties claiming patent rights covering implementation of the Licensed Materials or (ii) be based on industry recognized standards or software programs published by industry recognized standards bodies and certain third parties may claim to own patents or copyrights that cover implementation of those standards. You acknowledge and agree that this LLA does not convey a license to any such third party patents and copyrights and that you are responsible for any fees or royalties that may be payable to any third party based on such third party's interests in the Licensed Materials. You agree to indemnify ST and to defend any claim, suit or proceeding brought against ST based on your failure to pay such third-party.
You have or will have all necessary licenses from third parties, which are required in order for You to execute the license rights granted by ST to You herein, without infringing such third parties intellectual property rights.
You shall be responsible for the due and proper compliance with the terms and conditions of this LLA by your customers and shall be jointly and severally liable to ST for any and all damages incurred by ST and its suppliers and licensors in connection with any such third-party’s non-compliance therewith. You shall enforce each agreement with your customer with at least the same degree of diligence that You use to enforce similar agreements for your own (software and/or hardware) products, but in no event with less than reasonable efforts. You shall immediately notify ST if You becomes aware of any material breach of any such agreement affecting the Licensed Materials.
9. COPYRIGHT AND TRADEMARKS.
All titles, trademarks and copyrights in and pertaining to the Licensed Materials, the accompanying printed materials, and any copies of the Licensed Materials, are owned or licensed by ST or its affiliated companies or suppliers. The Licensed Materials are protected by copyright and trademark laws and international treaty provisions. You shall ensure that such notice is reproduced in any copy of the whole or any part of the Licensed Materials. You shall not remove, modify or alter any ST copyright or trademark notice from any part of the Licensed Materials, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the ST ‘about’ boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or otherwise created by the Licensed Materials.
10. DISCLAIMER OF DAMAGES
in no event shall ST and its affiliates shall be liable to the licensee and its customers for any indirect, incidental, punitive, special or consequential damages and lost profits or lost savings, loss of bargain or opportunity, professional fees or expenses, business interruption, lost revenues or sales, damage to associated product or equipment or to facilities, costs of substitute product, facilities or services, costs associated with down time, goodwill, loss of data and any similar or dissimilar losses, WHETHER FORESEEABLE OR UNFORESEEABLE AND whether or not such damages are based on warranty, contract or any other legal theory – even if licensee has been advised, or is aware, of the possibility of such damages ARISING FROM ANY USE AND OR DISTRIBUTION OF THE LICENSED MATERIALS AND OR PARTS THEREOF, WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, AND OR ARISING BY REASON OF THE FACT THAT THE LICENSED MATERIALS AND OR ANY PARTS THEREOF ARE DEFECTIVE OR NON-CONFORMING AND OR ARISING FROM THIS LLA. IN NO EVENT SHALL ST and its affiliates BE LIABLE FOR ANY DAMAGE, COSTS OR EXPENSES ASSOCIATED WITH WARRANTY OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS WHETHER FOR THE REPLACEMENT OR REPAIR OF PRODUCTS, INCLUDING LABOR, INSTALLATION OR OTHER COSTS INCURRED BY LICENSEE AND, IN PARTICULAR, ANY COSTS RELATED TO THE REMOVAL OR REPLACEMENT OF ANY PRODUCTS SOLDERED OR OTHERWISE PERMANENTLY AFFIXED TO ANY PRINTED CIRCUIT BOARD, EXCESS PROCUREMENT COSTS, OR REWORK CHARGES. ST aggregate AND CUMULATIVE liability towards Licensee under THIS LLA shall not exceed 1000 USD.
The limitations set forth above in this ARTICLE 10 shall only apply to the MAXIMUM extent permitted by applicable law.
11. TERM AND TERMINATION
This LLA shall continue until terminated. You may terminate the LLA at any time by destroying all Licensed Materials and all related information or by returning those to ST. ST may terminate this LLA if (i) You fail to comply with the terms and conditions of this LLA, or (ii) You file litigation against ST or its affiliated companies, or (iii) to the extent permitted by laws, a voluntary or involuntary petition in bankruptcy or winding up is filed against Licensee, any proceedings in insolvency or bankruptcy are instituted against Licensee, a trustee or receiver is appointed over Licensee, or any assignment is made for the benefit of creditors of Licensee. Additionally, ST may at any time terminate this LLA, without cause, upon 3 months prior written notice to You. Upon termination you shall delete, destroy, or return to ST all Licensed Materials in your possession and You shall stop using the Licensed Materials for any purpose whatsoever.
The rights and obligations under Articles from 2 to 13 will survive the termination or expiration of this LLA.
12. MISCELLANEOUS
If a court or agency of competent jurisdiction holds any term of this LLA invalid, illegal, or unenforceable for any reason, the remainder of this LLA shall be valid and enforceable and You and ST shall negotiate in good faith a substitute, valid, enforceable provision which most nearly effects the parties intent in entering into this LLA.
The failure by ST to enforce any provisions of this LLA or to exercise any right in respect thereto shall not be construed as constituting a waiver of its rights thereof.
No agency, joint venture, partnership or other business organisation shall be created or be construed as being created by reason of this LLA. You will not have the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of ST or bind ST in any respect whatsoever. You and ST are independent parties. Nothing in this LLA shall be construed as making You an employee, agent or legal representative of ST.
This LLA contains the entire agreement between You and ST on the subject matter of this LLA, and supersedes all representations, undertakings and agreements previously made between You and ST with respect to the subject matter of this LLA. Any amendment to this LLA shall be agreed in writing and be duly signed by You and ST and shall make reference to this LLA.
13. APPLICABLE LAW
This LLA is governed by the laws of Switzerland, without regard to its conflict of law rules. All disputes, differences or questions arising out of or in connection with this LLA shall be finally settled by the competent courts of Geneva, Switzerland. Notwithstanding the aforesaid, nothing in this LLA shall prevent You or ST from seeking any interim or final injunctive or equitable relief by a court of competent jurisdiction.
ST IS WILLING TO LICENSE THE LICENSED MATERIALS TO YOU ON THE CONDITION THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LLA. BY CLICKING ON THE "I ACCEPT" BUTTON OR BY ACCESSING, INSTALLING OR USING THE LICENSED MATERIALS, YOU AGREE TO BE BOUND BY ANY AND ALL THE TERMS OF THIS LLA. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS LLA, THEN DO NOT PROCEED FURTHER AND/OR CLICK THE "I DO NOT ACCEPT" BUTTON BELOW AS APPLICABLE.
Section 2: Procedure
To receive the materials, you must send an email to spear-android-support@st.com with the following text:
”
I accept all terms and conditions listed in the "LIMITED LICENSE AGREEMENT FOR ST MATERIALS"
and I would like to receive the "SPEAr1340 Android hardware pack" SW package covered by it.
Name Surname
Company Name
Country/Region
Application
Volume range 1k/10k/100k/>100k
MyPGP public key:
Xxxxxxxxxxxxxxxxxxx
Xxxxxxxxxxxxxxxxxxx
…
xxxxxxxxxxxxxxxxxxx
”
The key could be also an attach ASCII file.
The package will be send by mail encrypted with the public key provided.
A copy of the license will be provided in the package.