QUALCOMM TECHNOLOGIES, INC.
LICENSE AGREEMENT FOR QUALCOMM SNAPDRAGON DEVELOPER TOOLS
IMPORTANT: This License Agreement for Qualcomm Snapdragon Developer Tools
(this "Agreement") is a legally binding agreement between Qualcomm
Technologies, Inc. ("QTI") and the person or legal entity You represent
(referred to herein as "You" or "Your"). QTI is willing to license to You the
applicable Qualcomm Snapdragon Developer Tool(s) that You have selected
(individually or collectively, along with any Documentation (as defined below)
related thereto, the "Software"), on the condition that You accept and agree
to all of the terms and conditions in this Agreement.
BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, OR BY USING OR COMPLETING THE
DOWNLOAD OR INSTALLATION OF THE SOFTWARE, YOU ACKNOWLEDGE AND AGREE THAT YOU
HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS
AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, QTI IS
UNWILLING TO AND DOES NOT AND WILL NOT LICENSE THE SOFTWARE TO YOU, AND YOU
MAY NOT DOWNLOAD, INSTALL, USE, OR RETAIN ANY COPIES OF THE SOFTWARE, EVEN IF
YOU HAVE IN ANY MANNER COME INTO POSSESSION OF IT, UNLESS YOU HAVE EXECUTED A
SEPARATE WRITTEN AGREEMENT WITH QTI THAT EXPRESSLY SUPERSEDES THIS AGREEMENT.
The Software is protected by copyright laws, international copyright treaties,
and other intellectual property laws and treaties. The Software is licensed,
not sold.
QTI and You agree as follows:
1. LICENSE GRANT.
1.1 License to Software. Subject to the terms and conditions of this
Agreement, including the limitations, conditions, restrictions and obligations
set forth below, QTI hereby grants to You a personal, non- exclusive,
non-sublicensable, non-transferable, non-assignable, revocable, limited
copyright license, during the term of this Agreement to, in accordance with
the documentation made available by QTI in connection with the applicable
Qualcomm Snapdragon Developer Tool (the "Documentation"), if any: (i)
download, install and use, on an internal basis only (except as expressly
permitted with respect to Redistributables in accordance with Section 1.3
below), the Software solely for the design, development and testing of
applications that are compatible with products of QTI or its affiliates, and
(ii) distribute, in machine-readable (i.e., object code) form only, the
binaries that You develop and incorporate into Your application.
1.2 Documentation. Subject to the terms and conditions of this Agreement,
including the limitations, conditions, restrictions and obligations set forth
below, You may reproduce and use, on an internal basis only, a reasonable
number of copies of the Documentation, solely in support of the license to the
Software. Distribution of the Documentation is prohibited without the express
written permission of QTI.
1.3 Redistributables.
1.3.1 License to Redistributables. QTI may from time to time identify, e.g.,
in a notice file included with the Software or in a separate written
agreement, certain portions of the Software as redistributable (the
"Redistributables"). In addition to the license set forth in Section 1.1
(License to Software) and subject to the terms and conditions of this
Agreement, including the limitations, conditions, restrictions, and
obligations set forth below, QTI hereby grants to You a personal, non-
exclusive, non-sublicensable, non-transferable, non-assignable, revocable,
limited copyright license, during the term of this Agreement, to copy and
redistribute, through multiple tiers of distribution, the Redistributables,
solely as compiled into object code as part of Your application, expressly
condition on the following: (i) Your application provides significant primary
functionality to the Redistributables; (ii) You guarantee the compliance of
Your agents or other authorized distributors of Your application with the
terms and conditions of this Agreement; (iii) You shall not under any
circumstances distribute, or enable any third party to distribute, the
Redistributables in human readable (i.e., source code) form or on a standalone
basis in any form; and (iv) You comply with Section 1.3.2 (EULA Requirements)
below.
1.3.2 EULA Requirements for Redistributables. As a condition of distributing
the Redistributables in accordance with Section 1.3.1 (License to
Redistributables) above, You must restrict such recipients' use of such
Redistributables under a binding end user license agreement, enforceable in
the jurisdictions in which Your application is made available, that is at
least as restrictive with respect to the Redistributables as this Agreement
and, at minimum: (i) limits such recipients' license to use the
Redistributables solely as compiled into object code as part of Your
application; (ii) expressly disclaims QTI's liability to any third party for
any damages, whether direct, indirect, incidental, or consequential, in
connection with such license; (iii) identifies QTI as an intended third party
beneficiary of such agreement; (iv) informs such recipients that the delivery
of Your application shall not convey or otherwise provide any rights under any
patents of QTI or any of its affiliates; (v) imposes any additional
requirements in compliance with the terms of any applicable third-party
license in accordance with Section 1.5 (Third Party Licenses and Additional
QTI Licenses); and (vi) prohibits modification, reproduction, creation of
derivative works, decompilation, or reverse-engineering of the
Redistributables (collectively, Your "EULA");
1.3.3 License to Sample Code. QTI may, in its sole discretion, provide
certain Redistributables, such as sample code and header files, in human
readable (i.e., source code) form (collectively "Sample Code"). If (and only
if) QTI provides such Sample Code to You, then, in accordance with and in
addition to the licenses set forth in this Section 1.3.1 (License to
Redistributables), You may copy and modify the Sample Code in part or as a
whole, compile into object code the Sample Code and modifications thereto, and
reproduce and distribute such compiled object code as part of Your
application, each solely in accordance with the Documentation and the other
provisions of this Agreement.
1.4 Additional Software. QTI hereby reserves the right to provide or
otherwise make available, at its discretion, additional software to You from
time to time. Any additional software or documentation that QTI provides to
You by express reference to this Agreement will be considered to be part of
the Software or Documentation, as the case may be, hereunder, and subject to
all terms and conditions of this Agreement. By accepting, possessing or using
such additional software or documentation, which shall include without
limitation any related plug-ins as QTI may directly or indirectly distribute
as well as related web applications used to generate image resources, You
agree that the terms of this Agreement will apply thereto.
1.5 Third Party Licenses and Additional QTI Licenses.
(a) The Software may contain third party programs. The license terms
associated with those programs apply to Your use of them, and in some
instances such programs cannot be used or further distributed without a
license from the respective owner of such programs. You shall be solely
responsible to obtain, if necessary, a separate and independent license from
such owner with respect to any such use. The delivery of the Software does not
convey a license, nor imply any rights, to use third party programs. A
separate and independent license for such use may be required and You shall be
solely responsible to verify whether such license is needed in conjunction
with Your use of such third party programs.
(b) The Software may contain additional programs that are licensed by QTI and
its
