licence.txt 6.2 KB

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