home *** CD-ROM | disk | FTP | other *** search
- IMPORTANT. Read this Motorola Development License Agreement before accepting
- the terms of this Agreement. By choosing to download the software, you
- indicate your acceptance of this Motorola Development License.
-
- Motorola Development License
-
- LIBMOTO MkLinux for PowerPC Version
- (a PowerPC microprocessor math library for the MkLinux
- Operating System)
-
- This is a legal agreement between you (either an individual or an entity)
- and Motorola. By choosing to download the software you are agreeing to be
- bound by the terms of this Agreement. If you do not agree to the terms of
- this Agreement, do not click on the License Acceptance button and do not
- download the software.
-
- MOTOROLA LICENSE AGREEMENT
-
- 1. LICENSE GRANT. Motorola, Inc. ("Motorola") grants to you a
- non-transferable, non-exclusive, non-assignable, royalty-free, worldwide
- license, on the terms and conditions contained herein for the sole purpose
- of designing, developing, testing and marketing your PowerPC Architecture
- based software product(s), to
-
- (i) make a reasonable number of copies of the math
- library archive in object code format ("Libmoto")
- solely for your internal evaluation, examination,
- display and use on your development systems;
-
- (ii) link with, execute and test Libmoto for the sole
- purpose of creating your PowerPC Architecture based
- software product(s);
-
- (iii) distribute Libmoto to your end user customers
- for their internal use provided that you
-
- (a) distribute Libmoto only in conjunction
- with and as a part of your PowerPC
- Architecture based software product(s) --
- such software must add significant and
- primary functionality to Libmoto and must be
- designed, developed and tested to operate in
- the MkLinux operating system
- environment; and
-
- (b) not permit further redistribution of
- Libmoto by your end-user customers; and
-
- (c) not use Motorola's or Motorola's
- licensor(s)' name, logo or trademarks to
- market your PowerPC Architecture based
- software product(s) unless you are otherwise
- licensed to do so; and
-
- (d) include a valid copyright notice on your
- PowerPC Architecture based software
- product(s); and
-
- (e) agree to indemnify, hold harmless, and
- defend Motorola from and against any claims
- or lawsuits, including attorney's fees, that
- arise or result from the use or distribution
- of your PowerPC Architecture based software
- product(s).
-
- (vi) (a) license distributors to distribute your
- PowerPC Architecture based software
- product(s) containing Libmoto to end user
- customers for their internal use, and
-
- (b) transfer your PowerPC Architecture based
- software product(s) containing Libmoto, to
- distributors.
-
- 1.1 The license granted to each distributor pursuant to point (vi) above
- shall contain all the material provisions of and in no event shall be less
- restrictive than this Agreement. Such license shall not allow any
- distributor to copy Libmoto. Other than the limited rights granted herein
- Licensee acquires no right, title or interest in or to Libmoto. Motorola
- reserves all rights not expressly granted.
-
- 2. COPYRIGHT. Libmoto is owned by Motorola and is protected by United States
- copyright laws and international treaty provisions. Therefore, you must
- treat Libmoto like any other copyrighted material (e.g., a book or musical
- recording). You may not use or copy Libmoto or any accompanying written
- materials for any other purpose than what is described in this Agreement.
- Except as provided herein, Motorola does not grant any express or implied
- right to you to or under Motorola patents, copyrights, trademarks, or trade
- secret information.
-
- 3. OTHER RESTRICTIONS. You may not reverse engineer, decompile, or
- disassemble Libmoto, except to the extent that the foregoing restriction is
- expressly prohibited by applicable law.
-
- 4. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend
- to or will, directly or indirectly, export or transmit (a) Libmoto to any
- country to which such export or transmission is restricted by any applicable
- U.S. regulation or statute, without the prior written consent, if required,
- of the Bureau of Export Administration of the U.S. Department of Commerce,
- or such other governmental entity as may have jurisdiction over such export
- or transmission.
-
- 5. SUPPORT. Motorola shall NOT be obligated under the terms of this
- Agreement to provide support, upgrades or new releases of Libmoto.
-
- LIMITED WARRANTY
-
- 6. NO WARRANTY. To the maximum extent permitted by applicable law, Motorola
- and Motorola's licensor(s) EXPRESSLY DISCLAIM ANY WARRANTY FOR LIBMOTO.
- Libmoto 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. The entire risk arising
- out of the use or performance of Libmoto remains with you.
-
- 7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted
- by applicable law: IN NO EVENT SHALL MOTOROLA BE LIABLE FOR ANY DAMAGES
- WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
- PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
- PECUNIARY LOSS ) ARISING OUT OF THE USE OF OR INABILITY TO USE LIBMOTO, EVEN
- IF MOTOROLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because
- some states/jurisdictions do not allow the exclusion or limitation of
- liability for consequential or incidental damages, the above limitation may
- not apply to you.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS.
-
- Libmoto is provided with RESTRICTED RIGHTS. Use, duplication or disclosure
- by the Government is subject to restrictions as set forth in subparagraph
- (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at
- DFARS 252.227-7013 or subparagraphs (c)(l) and (2) of the Commercial
- Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
- Manufacturer is Motorola, Inc., 6501 William Cannon Drive West, Austin, TX,
- 78735.
-
- If you acquired this product in the United States, this Agreement is
- governed by the laws of the state of Illinois. If this product was acquired
- outside the United States, then local law may apply.
-
- If you acquired this product in Canada, this Agreement is governed by the
- laws of the Province of Ontario, Canada. Each of the parties hereto
- irrevocably attorns to the jurisdiction of the courts of the Province of
- Ontario and further agrees to commence any litigation which may arise
- hereunder in the courts located in the Judicial District of York, Province
- of Ontario.
-