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 Cypress's 26 PSoC Creator software, Cypress's AIROC SDKs, and Cypress's ModusToolbox software. 27 28 "Firmware" means software that executes on a Cypress hardware product. 29 30 "Driver" means software that enables the use of a Cypress hardware product 31 on a particular host operating system such as GNU/Linux, Windows, MacOS, 32 Android, and iOS. 33 34 "Host Application" means software that executes on a device other than a 35 Cypress hardware product in order to program, control, or communicate 36 with a Cypress hardware product. 37 38 "inf File" means a hardware setup information file (.inf file) created by 39 the Software to allow a Microsoft Windows operating system to install 40 the driver for a Cypress hardware product. 41 422. License. Subject to the terms and conditions of this Agreement, Cypress 43Semiconductor Corporation ("Cypress") and its suppliers grant to you a 44non-exclusive, non-transferable license under their copyright rights: 45 46 a. to use the Development Tools in object code form solely for the purpose 47 of creating Firmware, Drivers, Host Applications, and inf Files for 48 Cypress hardware products; and 49 50 b. (i) if provided in Source Code form, to copy, modify, and compile the 51 Firmware Source Code to create Firmware for execution on a Cypress 52 hardware product, and 53 (ii) to distribute Firmware in binary code form only, only when 54 installed onto a Cypress hardware product; and 55 56 c. 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Portions of the Software may be licensed 83under free and/or open source licenses such as the GNU General Public License 84or other licenses from third parties ("Third Party Software"). Third Party 85Software is subject to the applicable license agreement and not this 86Agreement. If you are entitled to receive the source code from Cypress for 87any Third Party Software included with the Software, either the source code 88will be included with the Software or you may obtain the source code at no 89charge from 90<https://www.infineon.com/cms/en/design-support/software/free-and-open-source-software-foss/>. 91The applicable license terms will accompany each source code package. 92To review the license terms applicable to any Third Party Software for which 93Cypress is not required to provide you with source code, please see the 94Software's installation directory on your computer. 95 964. Proprietary Rights; Ownership. The Software, including all intellectual 97property rights therein, is and will remain the sole and exclusive property of 98Cypress or its suppliers. Cypress retains ownership of the Source Code and 99any compiled version thereof. Subject to Cypress' ownership of the underlying 100Software (including Source Code), you retain ownership of any modifications 101you make to the Source Code. You agree not to remove any Cypress copyright or 102other notices from the Source Code and any modifications thereof. You agree 103to keep the Source Code confidential. Any reproduction, modification, 104translation, compilation, or representation of the Source Code except as 105permitted in Section 2 ("License") is prohibited without the express written 106permission of Cypress. Except as otherwise expressly provided in this 107Agreement, you may not: 108 (i) modify, adapt, or create derivative works based upon the Software; 109 (ii) copy the Software; 110 (iii) except and only to the extent explicitly permitted by applicable 111 law despite this limitation, decompile, translate, reverse engineer, 112 disassemble or otherwise reduce the Software to human-readable form; 113 or 114 (iv) use the Software or any sample code other than for the Purpose. 115You hereby covenant that you will not assert any claim that the Software, or 116derivative works thereof created by or for Cypress, infringe any intellectual 117property right owned or controlled by you 118 1195. No Support. Cypress may, but is not required to, provide technical support 120for the Software. 121 1226. Term and Termination. 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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 161LAW, IN NO EVENT WILL CYPRESS OR ITS SUPPLIERS, RESELLERS, OR DISTRIBUTORS BE 162LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, 163CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS 164OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR 165INABILITY TO USE THE SOFTWARE EVEN IF CYPRESS OR ITS SUPPLIERS, RESELLERS, OR 166DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO 167EVENT SHALL CYPRESS' OR ITS SUPPLIERS', RESELLERS', OR DISTRIBUTORS' TOTAL 168LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR 169OTHERWISE, EXCEED THE GREATER OF US$500 OR THE PRICE PAID BY YOU FOR THE 170SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED 171WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. 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This Agreement is the complete and exclusive agreement 205between the parties with respect to the subject matter hereof, superseding and 206replacing any and all prior agreements, communications, and understandings 207(both written and oral) regarding such subject matter. Any notice to Cypress 208will be deemed effective when actually received and must be sent to Cypress 209Semiconductor Corporation, ATTN: Chief Legal Officer, 198 Champion Court, San 210Jose, CA 95134 USA. 211
