END USER LICENCE AGREEMENT FOR THE ARM® DS-5 DEVELOPMENT STUDIO ("DS-5")
THIS END USER LICENCE AGREEMENT ("LICENCE") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND ARM LIMITED ("ARM") FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS LICENCE. ARM IS ONLY WILLING TO LICENSE THE SOFTWARE TO YOU ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY CLICKING "I AGREE" OR BY INSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE, AND YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO YOUR SUPPLIER AND ASK FOR A REFUND OF ANY LICENCE FEE PAID (IF ANY).
"Clang" means a compiler front end developed by http://clang.llvm.org.
"Licence Key" means an electronic licence key issued to you by ARM to enable the use of the Software.
"LLVM" means a code generation and optimization framework developed by http://llvm.org.
"Seat" means a written or electronic authorisation from ARM to run one copy of each of the licence managed components (as defined in the Software package) concurrently and only in the quantities stated in the sales order and delivery confirmation email, for the time period enabled by your Licence Key, and where applicable, only with the target devices specified in the sales order and/or licence file.
"Separate Files" means the separate files identified in Section 2 of the Schedule.
"Software" means any software, firmware and data accompanying this Licence, any printed, electronic or online documentation supplied with it, and any upgrades, updates, patches and modifications ARM may agree to make available to you under the terms of this Licence for DS-5. The full DS-5 package includes: (i) DS-5 Debugger; (ii) ARM Compilers, consisting of compiler, assembler, linker, librarian, fromelf tool and the libraries ; (iii) ARM plug-ins for the Eclipse integrated development environment (IDE); (iv) fixed virtual platforms for certain ARM microprocessor cores ("FVPs"; (v) example application code identified in Section 1 of the Schedule ("Example Code"); (vi) software and documentation relating to the Remote Device and Debug Interface ("RDDI") and Debug and Trace Services Layer ("DTSL") (vii) software and firmware for any and all of the Target Connection Products, including templates for ARM and selected third party processor cores; and (viii) Streamline performance analyzer.
"Target Connection Product(s)" means any and all as the context admits of: (a) ARM's hardware units known as: (i) RealView ICE (RVI); (ii) DSTREAM HSSTP probe; (iii) DSTREAM; (iv) the ULINK family of debug adaptors; and (v) Energy Probe; (b) Cortex Microcontroller Software Interface Standard DAP ("CMSIS-DAP") based target connection products; and (c) VSTREAM virtual debug interface.
1. LICENCE GRANTS TO YOU.
(i) SOFTWARE: ARM hereby grants to you, subject to the terms and conditions of this Licence, a non-exclusive, non-transferable licence only for the Seats, to:
(a) use the Software or certain components or optional functionality solely for the purposes of: (i) developing, testing, debugging, analysing and optimising software applications ("Software Applications"); (ii) generating reports on the behaviour of Software Applications ("Profiling Reports"); (iii) developing, testing and debugging plug-ins which are compliant with ARM Application Programmer Interfaces ("API"s) as described in the documentation; (b) use, copy and modify the Example Code as a specimen Software Application; (c) (i) use and copy the documentation relating to RDDI and DTSL; and (ii) use, copy and modify the software relating to RDDI and DTSL to develop software or firmware that is compatible with either or both the RDDI specification ("RDDI Compliant Software") and DTSL specification ("DTSL Compliant Software"), for the purposes of connecting your hardware or software products to ARM's or any third party products that are compatible with either or both the RDDI and DTSL specifications; and (d) use, copy and modify the debug configuration files in the Software for the purposes of connecting the Software to your own targets containing microprocessors manufactured or simulated under licence from ARM. You must comply with any technical restrictions in the Software that only allow you to use certain components or use it in certain ways.
Except as permitted by clauses 1 (i) (b), 1 (i) (c), 1 (i) (d) and clause 1(iii) below, you shall not modify the Software. Except as permitted by clauses 1 (ii), 1 (iii) , 1(iv), 1(v) and 1(vi) below, you shall not redistribute any of the Software.
(ii) ARM Compiler: ARM hereby grants to you, subject to the terms and conditions of this Licence, additional non-exclusive, non-transferable licences to use the libraries and helper libraries (together "Target Libraries") identified in Section 1 of the Schedule to: (a) incorporate, compile and link the libraries into Software Applications, provided that Software Applications contain substantial additional functionality; (b) incorporate and link the helper libraries into, or use them in, Software Applications; and (c) subject to clause 1(vii) reproduce and distribute the Target Libraries, only in object code form, and only as part of Software Applications.
(iii) PROFILING REPORTS: In respect of any Profiling Reports that you generate under the licence granted in clause 1(i)(a)(ii), ARM hereby grants to you, additional non-exclusive, non-transferable licences to: (a) use the Profiling Reports internally solely for the purposes of: (i) developing, testing, debugging, analysing and optimising Software Applications; (ii) deriving simplified reports from the Profiling Reports in text file format using the "export to text file" option in the Software ("Text Reports"); (iii) modifying the Text Reports; and (b) reproduce and distribute Profiling Reports, Text Reports, including any modified versions of Text Reports created under the licence granted in clauses 1(iii)(a)(iii), provided you comply with the terms of clause 1(vii).
(iv) EXAMPLE CODE: In respect of any Example Code, ARM hereby grants to you, provided you comply with the terms of clause 1(vii), additional non-exclusive, non-transferable licences to: (a) incorporate, compile and link the Example Code and any modifications thereto into Software Applications; and (b) reproduce and distribute the Example Code, and any modifications thereto, only in object code form and only as part of Software Applications.
(v) RDDI AND DTSL COMPLIANT SOFTWARE: In respect of either or both the RDDI Compliant Software and DTSL Compliant Software you have created pursuant to Clause 1 (i) (c) and provided you have a valid commercial licence for DS-5 (including, without limitation, DS-5 Professional edition, DS-5 Ultimate edition or a customised toolkit edition of DS-5) and comply with the terms of this clause 1(v), ARM hereby grants to you, additional non-exclusive, non-transferable licences to: (a) incorporate the RDDI and DTSL Compliant Software into your hardware or software products in object form for debug purposes; and (b) distribute the RDDI and DTSL Compliant Software in binary form, solely as incorporated into your hardware or software products subject to the terms of a written licence agreement between you and your end users which prevents the end user from: (a) reverse engineering, decompiling or disassembling the RDDI and DTSL Compliant Software (as applicable), including for the purposes of error correction (except to the extent that such activity is permitted by applicable law); (b) modifying the RDDI and DTSL Compliant Software; (c) using the RDDI and DTSL Compliant Software other than as incorporated into your hardware or software product. You warrant that you shall not make any representations or warranties on behalf of ARM in respect of either or both the RDDI and DTSL Compliant Software.
(vi) PLUG-INS: In respect of any plug-ins you create under the licence granted in clause 1 (i) (a) (iii), ARM hereby grants to you, additional non-exclusive licences to: (a) use, copy and modify the plug-ins for use solely with the Software in the development of Software Applications; and (b) reproduce and distribute the plug-ins for use solely with the Software in the development of Software Applications.
ARM hereby grants to you, provided you comply with terms of this clause 1 (vii), additional non-exclusive, non-transferable licences to permit either or both your customers and your authorised distributors to redistribute: (i) the Example Code and any modifications you make thereto and Target Libraries, only in object form and only as part of Software Applications developed by you or your permitted users (identified in clause 3 paragraph three below); and (ii) the plug-ins for use solely with the Software in the development of Software Applications.
If you are authorised and choose to redistribute the whole or any part of either or both, as applicable, the Example Code and the Target Libraries, you agree: (a) to ensure that they are licensed for use only as part of Software Applications developed by you or your permitted users and only for execution on microprocessors manufactured or simulated under licence from ARM; (b) not to use ARM's or any of its licensors names, logos or trademarks to market Software Applications; (c) to include valid copyright notices on Software Applications, and preserve any copyright notices which are included with, or in, either or both, as applicable the Example Code and the Target Libraries; and (d) to ensure that any further redistribution is limited to redistribution by either or both your customers and your authorised distributors as part of Software Applications developed by you or your permitted users and that your customers and your authorised distributors comply with the terms of this clause 1(vii).
If you are authorised and choose to redistribute plug-ins you create under the licence granted in clause 1 (i) (a) (iii), you agree: (a) not to use ARM's or any of its licensors names, logos or trademarks to market such plug-ins; (b) to ensure that the plug-ins are only made available to third parties with notice from you that each third party can only use the plug-ins subject to the third party either; (i) having a current and valid license to the Software; or (ii) contacting ARM directly to obtain a licence to the Software on terms to be mutually agreed to enable such third parties to use the plug-ins.
If you are authorised and choose to redistribute the Profiling Reports, Text Reports or modified Text Reports, you agree not to use ARM's or any of its licensors names, logos or trademarks to market such reports.
2. PRODUCT IMPROVEMENTS AND AUTOMATIC UPDATE FEATURE
The Software includes features that enable the Software to automatically connect to ARM's or its service providers computer systems over the internet in order: (i) to notify you that updates to the Software are available for you to download and install; (ii) for any and all of ARM and its subsidiaries to understand and analyse what components or features in the Software you are using to improve the Software and your experience with the Software; (iii) for any and all of ARM, its subsidiaries and worldwide distributors (where applicable) to monitor compliance with the Seat and Licence Key restrictions set out in Clause 3 of this Licence. These connections may transmit certain computer information to ARM or its services providers computer systems, including but not limited to your computer's internet protocol address and operating system. You have the option to turn off this feature in the Software by updating the relevant setting in your list of preferences for the Software. The data collected by the Software is anonymous and will only be used for the aforementioned purposes.
3. RESTRICTIONS ON USE OF THE SOFTWARE.
SEATS, INSTALLATION AND LICENCE KEYS: Your use of the Software is limited to the specific number of Seats issued to you by ARM. ARM will make a maximum of one (1) Licence Key per Seat available to you to enable use of the Software, or certain components or optional functionality in the Software, as applicable. You shall only install and use the Software and Licence Keys on computers, or virtual machines running on computers, which are owned by you (or which are in your exclusive possession under an equipment finance arrangement) and which are either; (i) located at your premises; or (ii) portable computers which shall remain in the possession and control of your employees when outside such premises. Each Seat and Licence Key shall be limited or locked to a single item of your computer hardware (also known as host ID) on which the Seat or Licence Key is initially installed, except where ARM may separately agree to authorise the transfer (also known as re-hosting) of such Seat or Licence Key to another host ID.
COPYING: You shall not use or copy the Software or Licence Keys except as expressly authorised in this Licence. You may make one additional copy of the delivered Software media or image for backup or archival purposes.
PERMITTED USERS: The Software and Licence Keys shall only be used by your employees, or by your bona fide sub-contractors for whose acts and omissions you hereby agree to be responsible for to the same extent as you are for any acts and omissions of your employees, and provided always that such sub-contractors; (i) work only onsite at your premises; (ii) comply with the terms of this Licence; (iii) are contractually obligated to use the Software and Licence Keys only for your benefit, and (iv) agree to assign all their work product and any rights they create therein in the supply of such work to you. Only the single individual, company or other legal entity to whom ARM is supplying this Licence may use the Software and Licence Keys. Except as provided in this clause, you shall not allow third parties (including but not limited to any subsidiary, parent or affiliated companies, or offsite contractors you may have) to use the Software or Licence Keys unless ARM specifically agrees otherwise with you on a case by case basis.
REMOTE USE: The Software and Licence Keys shall only be used onsite at your premises, except when used offsite by an employee (but not a sub-contractor) of yours, on a portable computer, in accordance with the "SEATS, INSTALLATION AND LICENCE KEYS" paragraph above, as part of his or her normal work activities, and only for your benefit.
MULTIPLE VERSIONS: The media on which the Software resides may contain more than one version of the Software, each of which is compatible with a different operating system (such as Microsoft Windows and Red Hat Linux). Each version may only be installed and used by you to the extent that you have valid Seats and Licence Keys from ARM. To the extent that certain components of the Software are identified for use on a specific operating system, you are only licensed to use such components to develop Software Applications for use with the relevant operating system or future compatible versions of such operating system.
ACADEMIC OR EDUCATIONAL USE RESTRICTION: If you or your employer or institution paid academic or educational pricing for the Software, or the Software is identified as an academic or educational version (collectively "Academic Software"), then notwithstanding anything else in this Licence, YOU AGREE TO USE THE ACADEMIC SOFTWARE ONLY FOR ACADEMIC, NON-COMMERCIAL PURPOSES, AND ARM DOES NOT GRANT YOU ANY RIGHTS TO DISTRIBUTE OR SUB-LICENCE SOFTWARE APPLICATIONS UNDER THIS LICENCE.
REVERSE ENGINEERING: Except to the extent that such activity is permitted by applicable law you shall not reverse engineer, decompile or disassemble any of the Software. If the Software was provided to you in Europe you shall not reverse engineer, decompile or disassemble any of the Software for the purposes of error correction. You shall not work around any technical restrictions in the Software. Solely with respect to any third party materials included in the Software, to this extent that this clause conflicts with the terms and conditions of any applicable open source software licence, the terms of such open source software licence shall prevail.
BENCHMARKING: This Licence does not prevent you from using the Software for internal benchmarking purposes. However, you shall treat any and all benchmarking data relating to the Software, and any other results of your use or testing of the Software which are indicative of its performance, efficacy, reliability or quality, as confidential information and you shall not disclose such information to any third party without the express written permission of ARM.
RESTRICTIONS ON TRANSFER OF LICENSED RIGHTS: The rights granted to you under this Licence may not be assigned, sublicensed or otherwise transferred by you to any third party without the prior written consent of ARM. An assignment shall be deemed to include, without limitation; (i) any transaction or series of transactions whereby a third party acquires, directly or indirectly, the power to control the management and policies of you, whether through the acquisition of voting securities, by contract or otherwise; or (ii) the sale of more than fifty percent (50%) of your assets whether in a single transaction or series of transactions. You shall not rent or lease the Software. You shall not share the Software with contractors (except as identified in the 'PERMITTED USERS' clause above in this Clause 3) or other third parties.
COPYRIGHT AND RESERVATION OF RIGHTS: The Software is owned by ARM or its licensors and is protected by copyright and other intellectual property laws and international treaties. The Software is licensed not sold. You acquire no rights to the Software other than as expressly provided by this Licence. You shall not remove from the Software any copyright notice or other notice and shall ensure that any such notice is reproduced in any copies of the whole or any part of the Software made by you or other permitted users.
4. SUPPORT AND MAINTENANCE.
If you purchased the Software directly from ARM, and you are not receiving it as Academic Software (defined in clause 3), you are entitled to reasonable support and maintenance for the Software for the term of your licence to the Software (as determined by the Licence Key), commencing on the date of purchase. Support will be provided on any version of the Software components defined in your Seat which, at the date of your support request, is either: (a) the current version made generally available by ARM; (b) the previous version made generally available by ARM at some time during the previous ninety (90) days; or (c) where applicable, a version of the Software made available to you by ARM pursuant to your entitlement to Extended Maintenance.
Support will be provided by telephone, email or other written format designated by ARM, prioritised at ARM's discretion, and may not be used as a substitute for training or as additional resource for your programming projects.
Maintenance will be provided in the form of upgrades, updates and patch releases to the Software as and when they are made generally available from ARM and it will only be applied to either (i) the most recent version of the Software; or (ii) where applicable, a version of the Software made available to you by ARM pursuant to your entitlement to Extended Maintenance. ARM shall be under no obligation to provide such maintenance in respect of any modifications (where permitted) to the Software. Any updates and upgrades replace the earlier releases of the Software that you are updating and upgrading, and are not additional copies. When you update or upgrade the Software, as applicable, the Licence Key for such new release replaces your existing Licence Key. Therefore, if you are receiving the Software as an update or upgrade, you obtain no rights to, and shall not, install or use the update or upgrade, as applicable, unless you have first ceased all use of, and deleted your Licence Key for the version of the Software that you are updating or upgrading, as applicable. Future releases of the Software might introduce backward incompatible changes. Please refer to product documentation for the changes in each release and for guidance about compatibility.
ARM's obligation under this Clause 4 is limited to the provision of support and maintenance to you and ARM is under no obligation to provide any support and maintenance to any third parties under this Licence. If you purchase support and maintenance for additional years it will be provided pursuant to this Clause 4 and will be subject to the terms and conditions of the applicable end user licence agreement.
If: (i) you obtained the Software from an ARM authorised reseller or other third party; (ii) the Software was provided free of charge or for evaluation; or (iii) it is Academic Software, you are not entitled to support for the Software from ARM, but ARM may, at its sole discretion provide limited support to you. The vendor of the Software may or may not offer support to you for the Software. Please refer to the Technical Support area of http://www.arm.com for contact details for ARM's support service and (if applicable) other authorised support channels.
You acknowledge that the Software, Licence Keys, the encoding scheme used in the Profiling Reports and any benchmarking data and related information mentioned in clause 3 contains trade secrets and confidential material and you agree to maintain all such information in confidence and apply security measures no less stringent than the measures which you apply to protect your own like information, but not less than a reasonable degree of care, to prevent their unauthorised disclosure and use. Subject to any restrictions imposed by applicable law, the period of confidentiality shall be indefinite. You agree that you shall not use any such information other than in normal use of the Software under the licences granted in this Licence.You agree to allow ARM to disclose your confidential information to subsidiaries of ARM subject to terms and conditions of confidentiality substantially similar to those set out above in this clause 5.
6. LIMITED WARRANTIES.
For the period of ninety (90) days from the date of receipt by you of the Software, ARM warrants to you that; (i) the media on which the Software is provided shall be free from defects in materials and workmanship under normal use; and (ii) the Software will perform substantially in accordance with its accompanying documentation (if any). ARM's total liability and your exclusive remedy for breach of these warranties shall be limited to ARM, at ARM's option; (a) replacing the defective Software; (b) using reasonable efforts to correct material, documented, reproducible defects in the Software and delivering such corrected Software to you; or (c) refunding the price paid by you to ARM for the Software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
EXCEPT AS MAY BE PROVIDED ABOVE, YOU AGREE THAT THE SOFTWARE IS LICENSED "AS IS", AND THAT ARM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF SOFTWARE APPLICATIONS, INCLUDING WITHOUT LIMITATION, SOFTWARE APPLICATIONS DESIGNED OR INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS, WEAPONRY, AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
7. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, EVEN IF ARM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARM does not seek to limit or exclude liability for death or personal injury arising from ARM's negligence or ARM's fraud and because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages the above limitation relating to liability for consequential damages may not apply to you.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE, THE MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF; (I) THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE; AND (II) $10.00 USD. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THE LIMIT.
8. THIRD PARTY RIGHTS.
The Separate Files are delivered subject to and your use is governed by their own separate licence agreements. This Licence does not apply to such Separate Files and they are not included in the term "Software" under this Licence. You agree to comply with all terms and conditions imposed on you in respect of such Separate Files including those identified in the Schedule ("Third Party Terms").
ARM HEREBY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED FROM ANY THIRD PARTIES REGARDING ANY SEPARATE FILES, ANY THIRD PARTY MATERIALS INCLUDED IN THE SOFTWARE, ANY THIRD PARTY MATERIALS FROM WHICH THE SOFTWARE IS DERIVED (COLLECTIVELY "OTHER CODE"), AND THE USE OF ANY OR ALL THE OTHER CODE IN CONNECTION WITH THE SOFTWARE, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO THIRD PARTY LICENSORS OF OTHER CODE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND WHETHER MADE UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE OTHER CODE OR THE EXERCISE OF ANY RIGHTS GRANTED UNDER EITHER OR BOTH THIS LICENCE AND THE LEGAL TERMS APPLICABLE TO ANY SEPARATE FILES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Distribution of code from the Rogue Wave C++ libraries (located in your installation at <install dir>\lib\cpplib) is permitted only if: (a) you are granted the right to redistribute those libraries under Clause 1 of this Licence; and (b) they do not constitute a major portion of the value of the Software Applications. No right is granted to use those libraries on any computers as are marketed or commonly considered to be mainframe computers in the computer industry. Notwithstanding any provisions in this Licence to the contrary, you shall not: (i) distribute in any manner any of the header files, object modules, template-based classes, or independent static libraries of the Rogue Wave C++ libraries or documentation relating thereto; (ii) distribute any portion of the same in a software utility product or otherwise in competition with Rogue Wave Software Inc's distribution thereof. "Rogue Wave" is a registered trademark of Rogue Wave Software, Inc.
9. U.S. GOVERNMENT END USERS.
US Government Restrictions: Use, duplication, reproduction, release, modification, disclosure or transfer of the Software is restricted in accordance with the terms of this Licence.
10. TERM AND TERMINATION.
This Licence shall remain in force until terminated by you, by ARM or by expiry (in the case of a time limited licence). Without prejudice to any of its other rights if you are in breach of any of the terms and conditions of this Licence then ARM may terminate this Licence immediately upon giving written notice to you. You may terminate this Licence at any time. Upon termination of this Licence by you or by ARM or upon expiry, you shall stop using the Software and confidential information and destroy all copies of the Software and confidential information in your possession, together with all documentation and related materials. Notwithstanding the foregoing, except where ARM has terminated this Licence for your breach, your rights to distribute the following components developed prior to termination or expiry of this Licence: (i) either or both, the Example Code and the Target Libraries, as part of Software Applications; (ii) the Profiling Reports and the Text Reports; (iii) either or both the RDDI and DTSL Compliant Software as part of your hardware or software products; and (iv) the plug-ins created pursuant to clause 1 (i) (a) (iii), shall survive subject to the terms and conditions of this Licence. The provisions of clauses 5, 7, 8, 9, 10 and 11 shall survive termination or expiry of this Licence.
This Licence is governed by English Law. Except where ARM agrees otherwise in: (i) a written contract signed by you and ARM; or (ii) a written contract provided by ARM and accepted by you, this is the only agreement between you and ARM relating to the Software and it may only be modified by written agreement between you and ARM. Except as expressly agreed in writing, this Licence may not be modified by purchase orders, advertising or other representation by any person. If any clause or sentence in this Licence is held by a court of law to be illegal or unenforceable the remaining provisions of this Licence shall not be affected thereby. The failure by ARM to enforce any of the provisions of this Licence, unless waived in writing, shall not constitute a waiver of ARM's rights to enforce such provision or any other provision of this Licence in the future.
At ARM's request, you agree to check your computers for installations of the Software, copies of Licence Keys, contents of any licence server log files, individual or concurrent usage of Seats, and any other information requested by ARM relating to Software installation, usage and Licence Key management, and to provide this information to ARM. You agree that auditors nominated by ARM may also perform such checking and reporting on behalf of ARM by prior appointment during your normal business hours on seven (7) days' notice. ARM shall bear the auditors' costs for that audit unless it reveals unlicensed usage in which case you shall promptly reimburse ARM for all reasonable costs and expenses, including professional fees, relating to such audit. Any information which is disclosed to ARM or such auditors during checking or audit shall be treated as your confidential information and shall only be used by ARM for licence management, compliance and enforcement purposes.
The Software provided under this Licence is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply fully with all laws and regulations of the United States and other countries ("Export Laws") to assure that the Software, is not (1) exported, directly or indirectly, in violation of Export Laws, either to any countries that are subject to U.S.A. export restrictions or to any end user who has been prohibited from participating in the U.S.A. export transactions by any federal agency of the U.S.A. government; or (2) intended to be used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
SECTION 1 - EXAMPLE CODE AND TARGET LIBRARIES
Linux console applications and shared libraries found in your installation at <install_dir>\examples\linux_examples.zip, named threads and hello
Bare-metal examples found in your installation at <install_dir>\examples\Bare-metal_examples ARMv7.zip, <install_dir>\examples\Bare-metal_examples ARMv8.zip and <install_dir>\examples\Bare-metal_boards_examples.zip
DTSL examples found in your installation at <install_dir>\examples\DTSL_examples.zip
RTX for Cortex-A9 RTOS and examples found in your installation at <install_dir>\examples\CMSIS_RTOS_RTX.zip
CoreSight Access Library and examples found in your installation at <install_dir>\examples\CoreSight_Access_Library.zip
Target Libraries (object code):
Libraries: C libraries; ABI libraries; C++ runtime support libraries; Software floating-point libraries; VFP support and
Helper libraries: ARM Compiler libraries found in your installation at <install_dir>\sw\<toolchain name>\lib
SECTION 2 - SEPARATE FILES
A. Java: Eclipse IDE and DS-5 Debugger use the Java 2 Platform Standard Edition Runtime (JRE) binary runtime files. The applicable Third Party Terms are set out in the THIRDPARTYLICENSEREADME.txt files, which ARM received with such binaries.
B. The Eclipse IDE: The Eclipse IDE and plug-ins are distributed subject to the terms of the Eclipse Software User Agreement (SUA) version March 17, 2005, 1 February, 2011 and 9 April, 2014, except that the term "Content" used in the SUA shall mean only those Eclipse IDE materials contained in this package, and it is ARM, not the Eclipse Foundation, who makes the agreement with you and supplies you with that Content. That Content is also subject to all the legal terms and notices referred to in the SUA and the other licences contained in this package.
C. Portions of the ARM plug-in com.arm.eclipse.cdt.asmeditor for the Eclipse IDE are licensed to you under the Eclipse Public License, version 1.0.
D. Libraries: The product contains the following libraries:
(i) Boost C++ library: the filenames starting with boost_ or libboost_ are all part of this library. Boost is licensed under the terms of the Boost Software License version 1.0 and portions of the code are also subject to other terms and legal notices. A copy of the Boost Software License version 1.0 can be obtained from http://www.boost.org/LICENSE_1_0.txt;
(ii) XERCES XML parser (libxerces-c.so, xerces-c_3_1_0.dll): these files are licensed to you under the Apache Software License, version 2.0;
(iii) libgcc_s and libstdc++ from the GNU Compiler Collection licensed to you under the GNU General Public License version 2 plus runtime exception;
(iv) zthread (Windows host computers and the firmware of ARM's Target Connection Products) in source and binary form, licensed to you under the GNU Lesser General Public License version 2.1;
(v) pthreads in both shared library binary and source code formats, licensed to you under the GNU Lesser General Public License version 2.1;
(vi) zlib version1.2.3 licensed to you under the Zlib License; and
(vii) Gson library licensed to you under the Apache Licence, version 2.0.
E. ARM makes the following examples available to you:
(i) Gnometris Linux example, libgames-support shared library and help files located inside the archive <install_dir>\examples\Linux_examples.zip in the folder DS-5Examples\gnometris, licensed to you under the GNU General Public License version 2 or later , the GNU Lesser or Library General Public License version 2 or later , GNU Free Documentation License version 1.1;
(ii) Xaos found in your installation at <install_dir>\examples\Linux_examples.zip in the folder DS-5Examples\xaos, licensed to you under the GNU General Public License, version 2; and
(iii) Linux kernel module debug example found in your installation at <install_dir>\examples\Linux_examples.zip in the folder DS-5Examples\kernel_module, developed by ARM licensed to you under GNU General Public License, version 2.
F. Linux images comprising Linux kernel, boot wrappers, Linaro-based file system and device trees for the FVP(s),which have been configured for use against the DS-5 Debugger and Streamline, licensed to you under the GNU General Public License Version 2 and other open permissive licences found in your installation at
G. GNU Trove - a Java library provided as a standalone file and licensed under the Lesser GNU Public License, version 2.1 or any later version and other open permissive licences.
H. GNU MAKE - provided as a standalone file and licensed under the GNU Public License version 2 found in your installation at; (i) <install_dir>\bin\make.exe (Windows); and (ii) <install_dir>/bin/make (Linux).
I. Linaro GCC toolchain licensed under GNU General Public License version 3, GNU General Public Licence version 2, GNU Lesser General Public License version 3.0, GNU Library General Public License version 2.0, GNU Free Documentation License version 1.3, BSD and other open permissive licences found in your installation at:
J. Linaro gdbserver licensed under GNU General Public License version 3, which can be found in your installation at:
K. GDBserver licensed under the GNU General Public License version 2 or later, the GNU Library General Public License version 2, and the GNU Lesser General Public License version 3, which can be found in your installation at <install_dir>\arm\gdbserver\android
L. SDL v1.2.13 (www.libsdl.org) licensed to you under the GNU Lesser General Public License version 2.1 plus runtime exception.
M. ARM Gator Profile driver and daemon licensed to you under the GNU General Public License version 2.0 and Linux monitoring sensor library licensed to you under the GNU Lesser General Public Licence version 2.1, found in your installation at: <install_dir>\arm\gator.
N. The real time operating system known as RTX is licensed to you under the terms of the BSD licence.
O. The Caiman software is licensed to you under the terms of the Apache v2.0 licence except for the MinGW-w64 runtime library which is licensed under a permissive open source licence, which can be found alongside the Caiman
P. LLVM is licensed to you under the University of Illinois/NSCA Open Source License.
Q. Clang is licensed to you under the University of Illinois/NSCA Open Source License or MIT license (as applicable).
R. libstdc++ is licensed to you under the GNU General Public License version 3 plus runtime exception.
S. Portions of the software and firmware of ARM's Target Connection Products contain:
(i) an ARM Embedded Linux operating system together with patches developed by ARM to the Linux kernel, both of which are licensed under the GNU General Public License version 2;
(ii) the GNU C library (glibc), licensed to you under the GNU Lesser General Public License versions 2.0 and 2.1;
(iii) Busybox licensed to you under the GNU General Public License version 2;
(iv) Python 2.5.2 is licensed to you under the Python Software Foundation License version 2; and
(v) other embedded software or data in the hardware unit, other than files in embedded directory /real-ice and subdirectories, is licensed to you under the GNU General Public License version 2.
T. Jython is licensed to you under the Python Software Foundation License version 2 and portions of the code are also subject to other terms and legal notices, including but not limited to the Apache Software License version 2.0, the Common Public License version 1.0, GNU Lesser General Public License version 3 and BSD.
U. The CoreSight Access Library is licensed to you under the Apache Licence version 2.0.
V. The Streamline Annotation Client is licensed to you under the terms of the BSD licence.
W. JSch (Java Secure Channel) is licensed to you under the terms of the BSD 3-Clause licence.
X. libC++ and libC++ ABI (including ARM's modifications) are licensed to you under either the University of Illinois/NCSA Open Source License or the MIT license.
To the extent that ARM is obliged to do so, ARM hereby offers to supply the files which are subject to GNU licences or Eclipse Public License (identified above), in source code form, subject to the terms of the relevant GNU licence or Eclipse Public License (as applicable), upon request.
ARM DS-5 Development Studio 5 v5.23
15 September 2015