Icom MR-1220 Instruction Manual - Page 72

OPEN SOURCE LICENSES or unauthorized uses, you will fully indemnify, defend, and hold harmless Freescale, its Affiliates, subsidiaries, officers and directors, employees, and distributors from all liability related to such use, including attorneys' fees and costs. 8.12 Export. If, at the time or times of Freescale's performance hereunder, an export license is required for Freescale to lawfully export Licensed Software, then the issuance of the appropriate licenses to Freescale or its subcontractor shall constitute a condition precedent to Freescale's obligations hereunder. You understand and agree that you will not by any means or method, export, re-export, resell, ship or divert or cause to be exported, reexported, resold, shipped, or diverted, directly or indirectly, the Licensed Software, or any Freescale product or technology except as permitted by and in accordance with the laws and regulations of the United States and, if different than the United States, the country from which the export or re-export originates. 8.13 International Sale of Goods. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this document. 8.14 Audit. You will maintain accurate and up-to-date records pertaining to this Agreement and will grant Freescale or its authorized agent access to and copies of such records and information as requested by Freescale that pertain to your obligations under this Agreement. Such access will be granted upon reasonable advance written notice, and be conducted during normal business hours with minimal impact to your business operations, and subject to confidentiality restrictions. You will maintain such records for a period of at least three (3) years from the date of termination of this Agreement. You must make prompt adjustment to compensate for any errors and/or omissions disclosed by such examination or audit. APPENDIX A Other License Grants and Rights: The Licensed Software may include some or all of the following software which is not Freescale proprietary software and the rights granted herein are limited to those rights provided below: Open Source Software. Open source software is not licensed under the terms of this Agreement, but is instead licensed under the terms of applicable open source license(s), such as the BSD License, Apache License or the GNU Lesser General Public License. Your use of the open source software is subject to the terms of each applicable license. You must agree to the terms of each such applicable license, or you should not use the open source software. Vivante If the Licensed Software includes proprietary software developed by Vivante, your distribution rights are restricted to providing the Licensed Software in object code (machine readable), and only as part of, or embedded within, Authorized Systems that include a Vivante Graphics Processing Unit. Atheros If the Licensed Software includes proprietary software developed by Atheros, you must separately obtain rights beyond evaluation and demonstration in connection with the Atheros software. Coding Technologies, acquired by Dolby Laboratories ("CTS") If the Licensed Software includes software developed by CTS, you must separately obtain rights beyond evaluation and demonstration in connection with the CTS software from Dolby Laboratories. Microsoft If the Licensed Software includes software owned by the Microsoft Corporation ("Microsoft"), it is subject to the terms of your license with Microsoft (the "Microsoft Underlying Software") and as such, Freescale grants no license to you, beyond evaluation and demonstration in connection with Freescale processors, in the Microsoft Underlying Software. You must separately obtain rights beyond evaluation and demonstration in connection with the Microsoft Underlying Software from Microsoft. Microsoft does not provide support services for the components provide to you through this Agreement. If you have any questions or require technical assistance, please contact Freescale. Microsoft Corporation is a third party beneficiary to this Agreement with the right to enforce the terms of this Agreement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT AND ITS FFILIATES DISCLAIM ANY WARRANTIES FOR THE MICROSOFT UNDERLYING SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MICROSOFT NOR ITS AFFILIATES WILL BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, ARISING FROM THE FROM THE USE OF THE MICROSOFT UNDERLYING SOFTWARE. SanDisk Corporation Software If the Licensed Software includes software developed by SanDisk Corporation ("SanDisk"), you must separately obtain the rights to reproduce and distribute this software in source code form from SanDisk. Please follow these easy steps to obtain the license and software: 1. Contact your local SanDisk sales representative to obtain the SanDisk License Agreement. 2. Sign the license agreement. Fax the signed agreement to SanDisk USA marketing department at 408-542-0403. The license will be valid when fully executed by SanDisk. 3. If you have specific questions, please send an email to [email protected] You may only use the SanDisk Corporation Software on products compatible with a SanDisk Secure Digital Card. You may not use the SanDisk Corporation Software on any memory device product. SanDisk retains all rights to any modifications or derivative works to the SanDisk Corporation Software that you may create. Global Locate If the Licensed Software includes software and hardware developed by Global Locate, Inc. ("Global Locate"), and acquired by Broadcom Corporation, you must separately obtain rights beyond evaluation and demonstration for the Global Locate software from Broadcom Corporation. CSR If the Licensed Software includes software and hardware developed by Cambridge Silicon Radio, Inc. ("CSR"), you must separately obtain rights beyond evaluation and demonstration for the CSR software from CSR. DDCredits ••This product includes "zlib" open source software, and is licensed according to the open source software license. ••This product includes "libusb" open source software, and is licensed according to the open source software license. ••This product includes "freetype" open source software, and is licensed according to the open source software license. ••This product includes "portmap" open source software, and is licensed according to the open source software license. ••This product includes "ncurses" open source software, and is licensed according to the open source software license. This product is based in part on the work of "Eric Young ([email protected])." ••This product includes "libjpeg" open source software, and is licensed according to the open source software license. This product is based in part on the work of "Independent JPEG Group." 67