1CYPRESS (AN INFINEON COMPANY) END USER LICENSE AGREEMENT 2 3PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE 4DOWNLOADING, INSTALLING, COPYING, OR USING THIS SOFTWARE AND ACCOMPANYING 5DOCUMENTATION. BY DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE, 6YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL 7OF THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE. 8IF YOU HAVE PURCHASED THIS LICENSE TO THE SOFTWARE, YOUR RIGHT TO RETURN THE 9SOFTWARE EXPIRES 30 DAYS AFTER YOUR PURCHASE AND APPLIES ONLY TO THE ORIGINAL 10PURCHASER. 11 121. Definitions. 13 14 "Software" means this software and any accompanying documentation, 15 including any upgrades, updates, bug fixes or modified versions provided 16 to you by Cypress. 17 18 "Source Code" means software in human-readable form. 19 20 "Binary Code" means the software in binary code form such as object code or 21 an executable. 22 23 "Development Tools" means software that is intended to be installed on a 24 personal computer and used to create programming code for Firmware, 25 Drivers, or Host Applications. Examples of Development Tools are 26 Cypress's PSoC Creator software, Cypress's AIROC SDKs, and Cypress's 27 ModusToolbox software. 28 29 "Firmware" means software that executes on a Cypress hardware product. 30 31 "Driver" means software that enables the use of a Cypress hardware product 32 on a particular host operating system such as GNU/Linux, Windows, MacOS, 33 Android, and iOS. 34 35 "Host Application" means software that executes on a device other than a 36 Cypress hardware product in order to program, control, or communicate 37 with a Cypress hardware product. 38 39 "inf File" means a hardware setup information file (.inf file) created by 40 the Software to allow a Microsoft Windows operating system to install 41 the driver for a Cypress hardware product. 42 432. License. Subject to the terms and conditions of this Agreement, Cypress 44Semiconductor Corporation ("Cypress") and its suppliers grant to you a 45non-exclusive, non-transferable license under their copyright rights: 46 47 a. to use the Development Tools in object code form solely for the purpose 48 of creating Firmware, Drivers, Host Applications, and inf Files for 49 Cypress hardware products; and 50 51 b. (i) if provided in Source Code form, to copy, modify, and compile the 52 Firmware Source Code to create Firmware for execution on a Cypress 53 hardware product, and 54 (ii) to distribute Firmware in binary code form only, only when 55 installed onto a Cypress hardware product; and 56 57 c. 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Portions of the Software may be licensed 84under free and/or open source licenses such as the GNU General Public License 85or other licenses from third parties ("Third Party Software"). Third Party 86Software is subject to the applicable license agreement and not this 87Agreement. If you are entitled to receive the source code from Cypress for 88any Third Party Software included with the Software, either the source code 89will be included with the Software or you may obtain the source code at no 90charge from 91<https://www.infineon.com/cms/en/design-support/software/free-and-open-source-software-foss/>. 92The applicable license terms will accompany each source code package. To 93review the license terms applicable to any Third Party Software for which 94Cypress is not required to provide you with source code, please see the 95Software's installation directory on your computer. 96 974. Proprietary Rights; Ownership. The Software, including all intellectual 98property rights therein, is and will remain the sole and exclusive property of 99Cypress or its suppliers. Cypress retains ownership of the Source Code and 100any compiled version thereof. Subject to Cypress' ownership of the underlying 101Software (including Source Code), you retain ownership of any modifications 102you make to the Source Code. You agree not to remove any Cypress copyright or 103other notices from the Source Code and any modifications thereof. You agree 104to keep the Source Code confidential. Any reproduction, modification, 105translation, compilation, or representation of the Source Code except as 106permitted in Section 2 ("License") is prohibited without the express written 107permission of Cypress. 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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 162LAW, IN NO EVENT WILL CYPRESS OR ITS SUPPLIERS, RESELLERS, OR DISTRIBUTORS BE 163LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, 164CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS 165OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR 166INABILITY TO USE THE SOFTWARE EVEN IF CYPRESS OR ITS SUPPLIERS, RESELLERS, OR 167DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO 168EVENT SHALL CYPRESS' OR ITS SUPPLIERS', RESELLERS', OR DISTRIBUTORS' TOTAL 169LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR 170OTHERWISE, EXCEED THE GREATER OF US$500 OR THE PRICE PAID BY YOU FOR THE 171SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED 172WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. 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This Agreement is the complete and exclusive agreement 206between the parties with respect to the subject matter hereof, superseding and 207replacing any and all prior agreements, communications, and understandings 208(both written and oral) regarding such subject matter. Any notice to Cypress 209will be deemed effective when actually received and must be sent to Cypress 210Semiconductor Corporation, ATTN: Chief Legal Officer, 198 Champion Court, San 211Jose, CA 95134 USA. 212
