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assert against Freescale any intellectual property
right that you create in preparation of any derivative
works of the Software. If you violate any of the terms
or restrictions of this Agreement, Freescale may
immediately terminate this Agreement, and require
that you stop using and delete all copies of the
Software in your possession or control.
COPYRIGHT. The Software is licensed to you, not
sold. Freescale or its licensor owns the Software,
and United States copyright laws and international
treaty provisions protect the Software. Therefore, you
must treat the Software like any other copyrighted
material (e.g. a book or musical recording). You may
not use or copy the Software for any other purpose
than what is described in this Agreement. Except
as expressly provided herein, Freescale does not
grant to you any express or implied rights under
any Freescale or third party patents, copyrights,
trademarks, or trade secrets. Additionally, you
must reproduce and apply any copyright or other
proprietary rights notices included on or embedded
in the Software to any copies or derivative works
made thereof, in whole or in part, if any.
SUPPORT. Freescale is NOT obligated to provide
any support, upgrades or new releases of the
Software. If you wish, you may contact Freescale and
report problems and provide suggestions regarding
the Software. Freescale has no obligation whatsoever
to respond in any way to such a problem report
or suggestion. Freescale may make changes to the
Software at any time, without any obligation to notify
or provide updated versions of the Software to you.
EXCLUDED LICENSES. You will not take or fail to
take any action that could subject the Software to
an Excluded License. An Excluded License means
any license that requires as a condition of use,
modication and/or distribution of software subject
to the Excluded License, that such software or other
software combined and/or distributed with such
software be (A) disclosed or distributed in source
code form; (B) licensed for the purpose of making
derivative works; or (C) redistributable at no charge.
FEEDBACK. You grant to Freescale a non-exclusive,
non-transferable, irrevocable, perpetual, worldwide,
royalty-free, sub-licensable license under your
Intellectual Property Rights to use without restriction
and for any purpose any suggestion, comment or
other feedback related to the Licensed Software
(including, but not limited to, error corrections and
bug xes).
NO WARRANTY. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, FREESCALE
EXPRESSLY DISCLAIMS ANY WARRANTY
FOR THE SOFTWARE. THE SOFTWARE IS
PROVIDED “AS IS”, WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. YOU ASSUME THE
ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE SOFTWARE, OR ANY
SYSTEMS YOU DESIGN USING THE SOFTWARE
(IF ANY). NOTHING IN THIS AGREEMENT
MAY BE CONSTRUED AS A WARRANTY OR
REPRESENTATION BY FREESCALE THAT THE
SOFTWARE OR ANY DERIVATIVE WORK
DEVELOPED WITH OR INCORPORATING THE
SOFTWARE WILL BE FREE FROM INFRINGEMENT
OF THE INTELLECTUAL PROPERTY RIGHTS OF
THIRD PARTIES.
INDEMNITY. You agree to fully defend and indemnify
Freescale from any and all claims, liabilities, and
costs (including reasonable attorney’s fees) related
to (1) your use (including your sublicensee’s use, if
permitted) of the Software or (2) your violation of
the terms and conditions of this Agreement.
LIMITATION OF LIABILITY. IN NO EVENT WILL
FREESCALE BE LIABLE, WHETHER IN CONTRACT,
TORT, OR OTHERWISE, FOR ANY 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 TO THE FULL EXTENT SUCH
MAY BE DISCLAIMED BY LAW. FREESCALE’S
TOTAL LIABILITY FOR ANY AND ALL COSTS,
DAMAGES, CLAIMS, OR LOSSES WHATSOEVER
