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TI TivaWare for C Series Source and Object Code Software License Agreement IMPORTANT - PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT. AFTER YOU READ THIS LICENSE AGREEMENT, YOU WILL BE ASKED WHETHER YOU ACCEPT AND AGREE TO THE TERMS OF THIS LICENSE AGREEMENT. DO NOT CLICK "I HAVE READ AND AGREE" UNLESS: (1) YOU ARE AUTHORIZED TO ACCEPT AND AGREE TO THE TERMS OF THIS LICENSE AGREEMENT ON BEHALF OF YOURSELF OR YOUR COMPANY (AS APPLICABLE); AND (2) YOU INTEND TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT ON BEHALF OF YOURSELF OR YOUR COMPANY (AS APPLICABLE). Important - Read carefully: This Source and Object Code Software License Agreement ("Agreement") is a legal agreement between you (either an individual or legal entity) and Texas Instruments Incorporated ("TI"). The "Licensed Materials" subject to this Agreement include the software programs (in whole or in part) that accompany this Agreement [and set forth in the applicable software manifest] and which you access "on-line" and/or electronic documentation (in whole or in part) associated and provided with these software programs, as well as any updates or upgrades to such software programs and documentation, if any, provided to you at TI's sole discretion. The Licensed Materials are specifically designed and licensed for use solely and exclusively with semiconductor devices manufactured by or for TI ("TI Devices"). By installing, copying or otherwise using the Licensed Materials you agree to abide by the provisions set forth herein. This Agreement is displayed for you to read prior to using the Licensed Materials. If you choose not to accept or agree with these provisions, do not download or install the Licensed Materials. Note Regarding Possible Access to Open Source Software: The Licensed Materials may be bundled with Open Source Software. "Open Source Software" means any software licensed under terms requiring that (A) other software ("Proprietary Software") incorporated, combined or distributed with such software or developed using such software: (i) be disclosed or distributed in source code form; or (ii) otherwise be licensed on terms inconsistent with the terms of this Agreement, including but not limited to permitting use of the Proprietary Software on or with devices other than TI Devices, or (B) require the owner of Proprietary Software to license any of its patents to users of the Open Source Software and/or Proprietary Software incorporated, combined or distributed with such Open Source Software or developed using such Open Source Software. By accepting this Agreement, you may gain access to Open Source Software, in which case such Open Source Software will be listed in the applicable software manifest (in whole or in part, the "Open Source Materials"). Your use of the Open Source Materials is subject to the separate licensing terms applicable to such Open Source Materials as specified in the applicable software manifest. For clarification, this Agreement does not limit your rights under, or grant you rights that supersede, the license terms of any applicable Open Source Materials license agreement. If any of the Open Source Materials have been provided to you in object code only, TI will provide to you, or show you where you can access, the source code versions of such Open Source Materials if you contact TI at Texas Instruments Incorporated, 12500 TI Boulevard, Mail Station 8638, Dallas, Texas 75243, Attention: Contracts Manager, Embedded Processing. In the event you choose not to accept or agree with the terms in any applicable Open Source Materials license agreement, you must terminate this Agreement. 1. License Grant and Use Restrictions. a. Licensed Materials License Grant. Subject to the terms of this Agreement, TI hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, non-sub-licensable, fully paid-up and royalty-free license to: (i). Limited Source Code License. make copies, prepare derivative works, display internally and use internally the Licensed Materials provided to you in source code for the sole purpose of developing object and executable versions of such Licensed Materials, or any derivative thereof, that execute solely and exclusively on TI Devices, for end use in Licensee Products, and maintaining and supporting such Licensed Materials, or any derivative thereof, and Licensee Products. For purposes of this Agreement, "Licensee Product" means a product that consists of both hardware, including one or more TI Devices, and software components, including only executable versions of the Licensed Materials that execute solely and exclusively on such TI Devices. (ii). Object Code Evaluation, Testing and Use License. make copies, display internally, distribute internally and use internally the Licensed Materials in object code for the sole purposes of evaluating and testing the Licensed Materials and designing and developing Licensee Products, and maintaining and supporting the Licensee Products; (iii). Demonstration License. demonstrate to third parties the Licensed Materials executing solely and exclusively on TI Devices as they are used in Licensee Products, provided that such Licensed Materials are demonstrated in object or executable versions only and (iv). Production and Distribution License. make, use, import, export and otherwise distribute the Licensed Materials as part of a Licensee Product, provided that such Licensee Products include only embedded executable copies of such Licensed Materials that execute solely and exclusively on TI Devices. b. Contractors. The licenses granted to you hereunder shall include your on-site and off-site contractors (either an individual or entity), while such contractors are performing work for or providing services to you, provided that such contractors have executed work-for-hire agreements with you containing applicable terms and conditions consistent with the terms and conditions set forth in this Agreement and provided further that you shall be liable to TI for any breach by your contractors of this Agreement to the same extent as you would be if you had breached the Agreement yourself. c. No Other License. Nothing in this Agreement shall be construed as a license to any intellectual property rights of TI other than those rights embodied in the Licensed Materials provided to you by TI. EXCEPT AS PROVIDED HEREIN, NO OTHER LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, TO ANY OTHER TI INTELLECTUAL PROPERTY RIGHTS IS GRANTED HEREIN. d. Covenant not to Sue. You agree not to assert a claim against TI or its licensees that the Licensed Materials infringe your intellectual property rights. e. Restrictions. You shall maintain the source code versions of the Licensed Materials under password control protection and shall not disclose such source code versions of the Licensed Materials, to any person other than your employees and contractors whose job performance requires access. You shall not use the Licensed Materials with a processing device other than a TI Device, and you agree that any such unauthorized use of the Licensed Materials is a material breach of this Agreement. You shall not use the Licensed Materials for the purpose of analyzing or proving infringement of any of your patents by either TI or TI's customers. Except as expressly provided in this Agreement, you shall not copy, publish, disclose, display, provide, transfer or make available the Licensed Materials to any third party and you shall not sublicense, transfer, or assign the Licensed Materials or your rights under this Agreement to any third party. You shall not mortgage, pledge or encumber the Licensed Materials in any way. You may use the Licensed Materials with Open Source Software or with software developed using Open Source Software tools provided you do not incorporate, comb