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- Software License Agreement
- PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS PRIOR TO USING THE
- ERICSSON TEXTURE COMPRESSION CODEC SOFTWARE (THE "SOFTWARE"). THE USE
- OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE
- FOLLOWING SOFTWARE LICENSE AGREEMENT (THE "SLA"). IF YOU DO NOT ACCEPT
- SUCH TERMS AND CONDITIONS YOU MAY NOT USE THE SOFTWARE.
- Subject to the terms and conditions of the SLA, the licensee of the
- Software (the "Licensee") hereby, receives a non-exclusive,
- non-transferable, limited, free-of-charge, perpetual and worldwide
- license, to copy, use, distribute and modify the Software, but only
- for the purpose of developing, manufacturing, selling, using and
- distributing products including the Software in binary form, which
- products are used for compression and/or decompression according to
- the Khronos standard specifications OpenGL, OpenGL ES and
- WebGL. Notwithstanding anything of the above, Licensee may distribute
- [etcdec.cxx] in source code form provided (i) it is in unmodified
- form; and (ii) it is included in software owned by Licensee.
- If Licensee institutes, or threatens to institute, patent litigation
- against Ericsson or Ericsson's affiliates for using the Software for
- developing, having developed, manufacturing, having manufactured,
- selling, offer for sale, importing, using, leasing, operating,
- repairing and/or distributing products (i) within the scope of the
- Khronos framework; or (ii) using software or other intellectual
- property rights owned by Ericsson or its affiliates and provided under
- the Khronos framework, Ericsson shall have the right to terminate this
- SLA with immediate effect. Moreover, if Licensee institutes, or
- threatens to institute, patent litigation against any other licensee
- of the Software for using the Software in products within the scope of
- the Khronos framework, Ericsson shall have the right to terminate this
- SLA with immediate effect. However, should Licensee institute, or
- threaten to institute, patent litigation against any other licensee of
- the Software based on such other licensee's use of any other software
- together with the Software, then Ericsson shall have no right to
- terminate this SLA.
- This SLA does not transfer to Licensee any ownership to any Ericsson
- or third party intellectual property rights. All rights not expressly
- granted by Ericsson under this SLA are hereby expressly
- reserved. Furthermore, nothing in this SLA shall be construed as a
- right to use or sell products in a manner which conveys or purports to
- convey whether explicitly, by principles of implied license, or
- otherwise, any rights to any third party, under any patent of Ericsson
- or of Ericsson's affiliates covering or relating to any combination of
- the Software with any other software or product (not licensed
- hereunder) where the right applies specifically to the combination and
- not to the software or product itself.
- THE SOFTWARE IS PROVIDED "AS IS". ERICSSON MAKES NO REPRESENTATIONS OF
- ANY KIND, EXTENDS NO WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
- EXPRESS, IMPLIED OR STATUTORY; INCLUDING, BUT NOT LIMITED TO, EXPRESS,
- IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF TITLE,
- MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, AND FITNESS FOR A
- PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
- OF THE SOFTWARE IS WITH THE LICENSEE. SHOULD THE SOFTWARE PROVE
- DEFECTIVE, THE LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING,
- REPAIR OR CORRECTION. ERICSSON MAKES NO WARRANTY THAT THE MANUFACTURE,
- SALE, OFFERING FOR SALE, DISTRIBUTION, LEASE, USE OR IMPORTATION UNDER
- THE SLA WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER
- INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND THE VALIDITY OF THE
- LICENSE AND THE SLA ARE SUBJECT TO LICENSEE'S SOLE RESPONSIBILITY TO
- MAKE SUCH DETERMINATION AND ACQUIRE SUCH LICENSES AS MAY BE NECESSARY
- WITH RESPECT TO PATENTS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY OF
- THIRD PARTIES.
- THE LICENSEE ACKNOWLEDGES AND ACCEPTS THAT THE SOFTWARE (I) IS NOT
- LICENSED FOR; (II) IS NOT DESIGNED FOR OR INTENDED FOR; AND (III) MAY
- NOT BE USED FOR; ANY MISSION CRITICAL APPLICATIONS SUCH AS, BUT NOT
- LIMITED TO OPERATION OF NUCLEAR OR HEALTHCARE COMPUTER SYSTEMS AND/OR
- NETWORKS, AIRCRAFT OR TRAIN CONTROL AND/OR COMMUNICATION SYSTEMS OR
- ANY OTHER COMPUTER SYSTEMS AND/OR NETWORKS OR CONTROL AND/OR
- COMMUNICATION SYSTEMS ALL IN WHICH CASE THE FAILURE OF THE SOFTWARE
- COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, MATERIAL OR
- ENVIRONMENTAL DAMAGE. LICENSEE'S RIGHTS UNDER THIS LICENSE WILL
- TERMINATE AUTOMATICALLY AND IMMEDIATELY WITHOUT NOTICE IF LICENSEE
- FAILS TO COMPLY WITH THIS PARAGRAPH.
- IN NO EVENT SHALL ERICSSON BE LIABLE FOR ANY DAMAGES WHATSOEVER,
- INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, ANY GENERAL, SPECIAL,
- INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN
- CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING
- BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERUPTIONS, OR ANY
- OTHER COMMERCIAL DAMAGES OR LOSSES, LOSS OF DATA OR DATA BEING
- RENDERED INACCURATE OR LOSSES SUSTAINED BY THE LICENSEE OR THIRD
- PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER
- SOFTWARE) REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR
- OTHERWISE), EVEN IF THE LICENSEE OR ANY OTHER PARTY HAS BEEN ADVISED
- OF THE POSSIBILITY OF SUCH DAMAGES.
- Licensee acknowledges that "ERICSSON ///" is the corporate trademark
- of Telefonaktiebolaget LM Ericsson and that both "Ericsson" and the
- figure "///" are important features of the trade names of
- Telefonaktiebolaget LM Ericsson. Nothing contained in these terms and
- conditions shall be deemed to grant Licensee any right, title or
- interest in the word "Ericsson" or the figure "///". No delay or
- omission by Ericsson to exercise any right or power shall impair any
- such right or power to be construed to be a waiver thereof. Consent by
- Ericsson to, or waiver of, a breach by the Licensee shall not
- constitute consent to, waiver of, or excuse for any other different or
- subsequent breach.
- This SLA shall be governed by the substantive law of Sweden. Any
- dispute, controversy or claim arising out of or in connection with
- this SLA, or the breach, termination or invalidity thereof, shall be
- submitted to the exclusive jurisdiction of the Swedish Courts.
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