| Message ID | 20230724102124.1613382-1-c-shilwant@ti.com |
|---|---|
| State | Rejected |
| Delegated to: | Ryan Eatmon |
| Headers | show |
| Series | [meta-ti,master/kirkstone] meta-ti-bsp: licenses: Update TI-TSPA license file | expand |
NAK. TSPA is the old license. The new one is TFL. What you are doing is replacing TSPA text with TFL text, while still calling it TSPA. Both of the license files are already available in meta-ti: https://git.yoctoproject.org/meta-ti/tree/meta-ti-bsp/licenses And both still need to exist - old components licensed under TSPA need their license file. New components licensed under TFL should point to TFL, not TSPA. Also, specifying copyright years in the generic license file is not recommended - there will be a lot of unnecessary churn updaing it. On Mon, Jul 24, 2023 at 03:51:24PM +0530, Chirag Shilwant via lists.yoctoproject.org wrote: > - The TI-TSPA license file content we currently have is obsolete. Hence, update the content for the same. > > Signed-off-by: Chirag Shilwant <c-shilwant@ti.com> > --- > meta-ti-bsp/licenses/TI-TSPA | 207 +++-------------------------------- > 1 file changed, 16 insertions(+), 191 deletions(-) > > diff --git a/meta-ti-bsp/licenses/TI-TSPA b/meta-ti-bsp/licenses/TI-TSPA > index fd87c2ac..e91e2892 100644 > --- a/meta-ti-bsp/licenses/TI-TSPA > +++ b/meta-ti-bsp/licenses/TI-TSPA > @@ -1,206 +1,31 @@ > -Texas Instruments Incorporated > -Technology and Software Publicly Available > -Software License Agreement > +TEXAS INSTRUMENTS TEXT FILE LICENSE > > +Copyright (c) 2022 – 2023 Texas Instruments Incorporated > > -Important - Please read the following license agreement carefully. This is > -a legally binding agreement. Do not click "i have read and agree" or use > -(as applicable) the Licensed Materials unless: (1) you are authorized to > -accept and agree to the terms of this license agreement on behalf of > -yourself or your company (as applicable) and (2) you intend to be bound by > -the terms of this license agreement on behalf of yourself or your company > -(as applicable). > +All rights reserved not granted herein. > > -This Software License Agreement ("Agreement") is a legal agreement between > -you (either an individual or entity) and Texas Instruments Incorporated > -("TI"), 12500 TI Boulevard, Dallas, Texas 75243. The "Licensed Materials" > -subject to this Agreement include the software programs (in whole or in > -part), that accompany this Agreement and set forth in the applicable > -software manifest and which you access "on-line" and/or electronic > -documentation (in whole or in part) associated and provided with these > -software programs. By installing, copying or otherwise using the Licensed > -Materials you agree to abide by the terms of this Agreement. If you choose > -not to accept or agree with these terms, do not download or install the > -Licensed Materials. > +Limited License. > > -Note Regarding Possible Access to Open Source Software: The Licensed > -Materials may be bundled with Open Source Software. "Open Source Software" > -means any software licensed under terms requiring that (A) other software > -("Proprietary Software") incorporated, combined or distributed with such > -software or developed using such software: (i) be disclosed or distributed > -in source code form; or (ii) otherwise be licensed on terms inconsistent > -with the terms of this Agreement, including but not limited to permitting > -use of the Proprietary Software on or with devices other than TI Devices, or > -(B) require the owner of Proprietary Software to license any of its patents > -to users of the Open Source Software and/or Proprietary Software > -incorporated, combined or distributed with such Open Source Software or > -developed using such Open Source Software. > +Texas Instruments Incorporated grants a world-wide, royalty-free, non-exclusive license under copyrights and patents it now or hereafter owns or controls to make, have made, use, import, offer to sell and sell ("Utilize") this software subject to the terms herein. With respect to the foregoing patent license, such license is granted solely to the extent that any such patent is necessary to Utilize the software alone. The patent license shall not apply to any combinations which include this software, other than combinations with devices manufactured by or for TI (“TI Devices”). No hardware patent is licensed hereunder. > > -You may gain access to Open Source Software, in which case such Open Source > -Software will be listed in the applicable software manifest (in whole or in > -part, the "Open Source Materials"). Your use of the Open Source Materials > -is subject to the separate licensing terms applicable to such Open Source > -Materials as specified in the applicable software manifest. For > -clarification, this Agreement does not limit your rights under, or grant you > -rights that supersede, the license terms of any applicable Open Source > -Materials license agreement. If any of the Open Source Materials have been > -provided to you in object code only, TI will provide to you or show you > -where can access the source code versions of such Open Source Materials if > -you contact TI at Texas Instruments Incorporated, 12500 TI Boulevard, Mail > -Station 8638, Dallas, Texas 75243, Attention: Contracts Manager. You may > -terminate this Agreement in the event you choose not to accept or agree with > -the terms in any applicable Open Source Materials license agreement, > -provided that such termination occurs within five (5) calendar days of > -acceptance of this Agreement and you abide by all applicable license terms > -in this Agreement until such termination. > +Redistributions must preserve existing copyright notices and reproduce this license (including the above copyright notice and the disclaimer and (if applicable) source code license limitations below) in the documentation and/or other materials provided with the distribution > > -1. License. > +Redistribution and use in binary form, without modification, are permitted provided that the following conditions are met: > > -a. Source Code License. For the Licensed Materials provided in source code > -format, TI hereby grants to you a limited, non-exclusive license to > -reproduce, use, and create modified or derivative works of the Licensed > -Materials provided to you in source code format and to distribute an > -unlimited number of copies of such source code Licensed Materials, or any > -derivatives thereof, in any format. > +* No reverse engineering, decompilation, or disassembly of this software is permitted with respect to any software provided in binary form. > > -b. Object Code License. For the Licensed Materials provided in object code > -format, TI hereby grants to you a limited, non-exclusive license to > -reproduce and use the Licensed Materials provided to you in object code > -format and to distribute an unlimited number of object or executable copies > -of such object code Licensed Materials. > +* any redistribution and use are licensed by TI for use only with TI Devices. > > -2. Termination. This Agreement is effective until terminated. Without > -prejudice to any other rights, TI may terminate your right to use the > -Licensed Materials under this Agreement if you fail to comply with the terms > -of this Agreement. In such event, you shall destroy all copies of the > -Licensed Materials, including all portions and derivatives thereof. > +* Nothing shall obligate TI to provide you with source code for the software licensed and provided to you in object code. > > -3. Intellectual Property Rights. > +If software source code is provided to you, modification and redistribution of the source code are permitted provided that the following conditions are met: > > -a. The Licensed Materials being provided to you hereunder are being made > -publicly available by TI, even though they contain copyrighted material of > -TI and its licensors, if applicable. In no event may you alter, remove or > -destroy any copyright notice included in the Licensed Materials. To the > -extent that any of the Licensed Materials are provided in binary or object > -code only, you may not unlock, decompile, reverse engineer, disassemble or > -otherwise translate such binary or object code to human-perceivable form. > -The source code of such reverse engineered code may contain TI trade secret > -and other proprietary information. TI reserves all rights not specifically > -granted under this Agreement. > +* any redistribution and use of the source code, including any resulting derivative works, are licensed by TI for use only with TI Devices. > > -b. Certain Licensed Materials may (i) require patent licenses from third > -parties claiming patent rights covering implementation of the Licensed > -Materials or (ii) be based on industry recognized standards or software > -programs published by industry recognized standards bodies and certain third > -parties may claim to own patents or copyrights that cover implementation of > -those standards. You acknowledge and agree that this Agreement does not > -convey a license to any such third party patents and copyrights. > +* any redistribution and use of any object code compiled from the source code and any resulting derivative works, are licensed by TI for use only with TI Devices. > > -c. YOU ACKNOWLEDGE AND AGREE THAT TI SHALL NOT BE LIABLE FOR AND SHALL NOT > -DEFEND OR INDEMNIFY YOU AGAINST ANY THIRD PARTY INFRINGEMENT CLAIM THAT > -RELATES TO OR IS BASED ON YOUR MANUFACTURE, USE, OR DISTRIBUTION OF THE > -LICENSED MATERIALS OR YOUR MANUFACTURE, USE, OFFER FOR SALE, SALE, > -IMPORTATION OR DISTRIBUTION OF YOUR PRODUCTS THAT INCLUDE OR INCORPORATE THE > -LICENSED MATERIALS. > +Neither the name of Texas Instruments Incorporated nor the names of its suppliers may be used to endorse or promote products derived from this software without specific prior written permission. > > -d. You acknowledge and agree that you are responsible for any fees or > -royalties that may be payable to any third party based on such third party's > -interests in the Licensed Materials described in Section 3(b) above (the > -"Third Party Payment Obligations"). You agree to indemnify TI against any > -Third Party Payment Obligations and will defend any claim, suit or > -proceeding brought against TI insofar as such claim, suit or proceeding is > -based on your failure to pay any Third Party Payment Obligations. > +DISCLAIMER. > > -4. Warranties and Limitations. THE LICENSED MATERIALS ARE PROVIDED "AS IS". > -TI AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED OR > -STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR > -A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF > -RESPONSES, RESULTS AND LACK OF NEGLIGENCE. TI DISCLAIMS ANY WARRANTY OF > -TITLE, QUIET ENJOYMENT, QUIET POSESSION, AND NON-INFRINGEMENT OF ANY THIRD > -PARTY INTELLECTUAL PROPERTY RIGHTS WITH REGARD TO THE LICENSED MATERIALS OR > -USE OF THOSE MATERIALS. > - > -YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS MAY NOT BE INTENDED > -FOR PRODUCTION APPLICATIONS AND MAY CONTAIN IRREGULARITIES AND DEFECTS NOT > -FOUND IN PRODUCTION SOFTWARE. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT > -THE LICENSED MATERIALS HAVE NOT BEEN TESTED OR CERTIFIED BY ANY GOVERNMENT > -AGENCY OR INDUSTRY REGULATORY ORGANIZATION OR ANY OTHER THIRD PARTY > -ORGANIZATION. YOU AGREE THAT PRIOR TO USING, INCORPORATING OR DISTRIBUTING > -THE LICENSED MATERIALS IN OR WITH ANY COMMERCIAL PRODUCT THAT YOU WILL > -THOROUGHLY TEST THE PRODUCT AND THE FUNCTIONALITY OF THE LICENSED MATERIALS > -IN OR WITH THAT PRODUCT AND BE SOLELY RESPONSIBLE FOR ANY PROBLEMS OR > -FAILURES. > - > -IN NO EVENT SHALL TI OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, > -INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED ON ANY THEORY > -OF LIABILITY, ARISING IN ANY WAY OUT OF THIS AGREEMENT, OR YOUR USE OF THE > -LICENSED MATERIALS, WHETHER OR NOT TI HAS BEEN ADVISED OF THE POSSIBILITY OF > -SUCH DAMAGES. EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COST OF > -REMOVAL OR REINSTALLATION, OUTSIDE COMPUTER TIME, LABOR COSTS, LOSS OR > -CORRUPTION OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, OR > -LOSS OF USE OR INTERRUPTION OF BUSINESS OR ANY OTHER ECONOMIC LOSS. IN NO > -EVENT WILL TI'S AGGREGATE LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF > -YOUR USE OF THE LICENSED MATERIALS EXCEED FIVE HUNDRED U.S. DOLLARS > -(US$500). > - > -Because some jurisdictions do not allow the exclusion or limitation of > -incidental or consequential damages or limitation on how long an implied > -warranty lasts, the above limitations or exclusions may not apply to you. > - > -5. Export Control. The Licensed Materials may be subject to the export or > -import regulations of certain countries. You agree to comply with all such > -regulations and acknowledge that you have the responsibility to obtain any > -licenses or other authorizations that may be required to export, re-export > -or import the Licensed Materials. > - > -6. Governing Law, Jurisdiction and Severability. This Agreement will be > -governed by and interpreted in accordance with the laws of the State of > -Texas, without reference to conflict of laws principles. If for any reason > -a court of competent jurisdiction finds any provision of the Agreement to be > -unenforceable, that provision will be enforced to the maximum extent > -possible to effectuate the intent of the parties and the remainder of the > -Agreement shall continue in full force and effect. This Agreement shall not > -be governed by the United Nations Convention on Contracts for the > -International Sale of Goods, or by the Uniform Computer Information > -Transactions Act (UCITA). The parties agree that non-exclusive jurisdiction > -for any dispute arising out of or relating to this Agreement lies within the > -courts located in the State of Texas. Notwithstanding the foregoing, any > -judgment may be enforced in any United States or foreign court, and either > -party may seek injunctive relief in any United States or foreign court. > -Failure by TI to enforce any provision of this Agreement shall not be deemed > -a waiver of future enforcement of that or any other provision in this > -Agreement or any other agreement that may be in place between the parties. > - > -7. PRC Provisions. If you are located in the People's Republic of China > -("PRC") or if the Licensed Materials will be sent to the PRC, the following > -provisions shall apply: > - > -a. Registration Requirements. You shall be solely responsible for > -performing all acts and obtaining all approvals that may be required in > -connection with this Agreement by the government of the PRC, including but > -not limited to registering pursuant to, and otherwise complying with, the > -PRC Measures on the Administration of Software Products, Management > -Regulations on Technology Import-Export, and Technology Import and Export > -Contract Registration Management Rules. Upon receipt of such approvals from > -the government authorities, you shall forward evidence of all such approvals > -to TI for its records. In the event that you fail to obtain any such > -approval or registration, you shall be solely responsible for any and all > -losses, damages or costs resulting therefrom, and shall indemnify TI for all > -such losses, damages or costs. > - > -b. Governing Language. This Agreement is written and executed in the > -English language. If a translation of this Agreement is required for any > -purpose, including but not limited to registration of the Agreement pursuant > -to any governmental laws, regulations or rules, you shall be solely > -responsible for creating such translation. Any translation of this > -Agreement into a language other than English is intended solely in order to > -comply with such laws or for reference purposes, and the English language > -version shall be authoritative and controlling. > - > -8. Entire Agreement. This is the entire agreement between you and TI and > -supersedes any prior agreement between the parties related to the subject > -matter of this Agreement. No amendment or modification of this Agreement > -will be effective unless in writing and signed by a duly authorized > -representative of TI. You hereby warrant and represent that you have > -obtained all authorizations and other applicable consents required > -empowering you to enter into this Agreement. > +THIS SOFTWARE IS PROVIDED BY TI AND TI’S LICENSORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL TI AND TI’S LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. > -- > 2.34.1
diff --git a/meta-ti-bsp/licenses/TI-TSPA b/meta-ti-bsp/licenses/TI-TSPA index fd87c2ac..e91e2892 100644 --- a/meta-ti-bsp/licenses/TI-TSPA +++ b/meta-ti-bsp/licenses/TI-TSPA @@ -1,206 +1,31 @@ -Texas Instruments Incorporated -Technology and Software Publicly Available -Software License Agreement +TEXAS INSTRUMENTS TEXT FILE LICENSE +Copyright (c) 2022 – 2023 Texas Instruments Incorporated -Important - Please read the following license agreement carefully. This is -a legally binding agreement. Do not click "i have read and agree" or use -(as applicable) the Licensed Materials unless: (1) you are authorized to -accept and agree to the terms of this license agreement on behalf of -yourself or your company (as applicable) and (2) you intend to be bound by -the terms of this license agreement on behalf of yourself or your company -(as applicable). +All rights reserved not granted herein. -This Software License Agreement ("Agreement") is a legal agreement between -you (either an individual or entity) and Texas Instruments Incorporated -("TI"), 12500 TI Boulevard, Dallas, Texas 75243. The "Licensed Materials" -subject to this Agreement include the software programs (in whole or in -part), that accompany this Agreement and set forth in the applicable -software manifest and which you access "on-line" and/or electronic -documentation (in whole or in part) associated and provided with these -software programs. By installing, copying or otherwise using the Licensed -Materials you agree to abide by the terms of this Agreement. If you choose -not to accept or agree with these terms, do not download or install the -Licensed Materials. +Limited License. -Note Regarding Possible Access to Open Source Software: The Licensed -Materials may be bundled with Open Source Software. "Open Source Software" -means any software licensed under terms requiring that (A) other software -("Proprietary Software") incorporated, combined or distributed with such -software or developed using such software: (i) be disclosed or distributed -in source code form; or (ii) otherwise be licensed on terms inconsistent -with the terms of this Agreement, including but not limited to permitting -use of the Proprietary Software on or with devices other than TI Devices, or -(B) require the owner of Proprietary Software to license any of its patents -to users of the Open Source Software and/or Proprietary Software -incorporated, combined or distributed with such Open Source Software or -developed using such Open Source Software. +Texas Instruments Incorporated grants a world-wide, royalty-free, non-exclusive license under copyrights and patents it now or hereafter owns or controls to make, have made, use, import, offer to sell and sell ("Utilize") this software subject to the terms herein. With respect to the foregoing patent license, such license is granted solely to the extent that any such patent is necessary to Utilize the software alone. The patent license shall not apply to any combinations which include this software, other than combinations with devices manufactured by or for TI (“TI Devices”). No hardware patent is licensed hereunder. -You may gain access to Open Source Software, in which case such Open Source -Software will be listed in the applicable software manifest (in whole or in -part, the "Open Source Materials"). Your use of the Open Source Materials -is subject to the separate licensing terms applicable to such Open Source -Materials as specified in the applicable software manifest. For -clarification, this Agreement does not limit your rights under, or grant you -rights that supersede, the license terms of any applicable Open Source -Materials license agreement. If any of the Open Source Materials have been -provided to you in object code only, TI will provide to you or show you -where can access the source code versions of such Open Source Materials if -you contact TI at Texas Instruments Incorporated, 12500 TI Boulevard, Mail -Station 8638, Dallas, Texas 75243, Attention: Contracts Manager. You may -terminate this Agreement in the event you choose not to accept or agree with -the terms in any applicable Open Source Materials license agreement, -provided that such termination occurs within five (5) calendar days of -acceptance of this Agreement and you abide by all applicable license terms -in this Agreement until such termination. +Redistributions must preserve existing copyright notices and reproduce this license (including the above copyright notice and the disclaimer and (if applicable) source code license limitations below) in the documentation and/or other materials provided with the distribution -1. License. +Redistribution and use in binary form, without modification, are permitted provided that the following conditions are met: -a. Source Code License. For the Licensed Materials provided in source code -format, TI hereby grants to you a limited, non-exclusive license to -reproduce, use, and create modified or derivative works of the Licensed -Materials provided to you in source code format and to distribute an -unlimited number of copies of such source code Licensed Materials, or any -derivatives thereof, in any format. +* No reverse engineering, decompilation, or disassembly of this software is permitted with respect to any software provided in binary form. -b. Object Code License. For the Licensed Materials provided in object code -format, TI hereby grants to you a limited, non-exclusive license to -reproduce and use the Licensed Materials provided to you in object code -format and to distribute an unlimited number of object or executable copies -of such object code Licensed Materials. +* any redistribution and use are licensed by TI for use only with TI Devices. -2. Termination. This Agreement is effective until terminated. Without -prejudice to any other rights, TI may terminate your right to use the -Licensed Materials under this Agreement if you fail to comply with the terms -of this Agreement. In such event, you shall destroy all copies of the -Licensed Materials, including all portions and derivatives thereof. +* Nothing shall obligate TI to provide you with source code for the software licensed and provided to you in object code. -3. Intellectual Property Rights. +If software source code is provided to you, modification and redistribution of the source code are permitted provided that the following conditions are met: -a. The Licensed Materials being provided to you hereunder are being made -publicly available by TI, even though they contain copyrighted material of -TI and its licensors, if applicable. In no event may you alter, remove or -destroy any copyright notice included in the Licensed Materials. To the -extent that any of the Licensed Materials are provided in binary or object -code only, you may not unlock, decompile, reverse engineer, disassemble or -otherwise translate such binary or object code to human-perceivable form. -The source code of such reverse engineered code may contain TI trade secret -and other proprietary information. TI reserves all rights not specifically -granted under this Agreement. +* any redistribution and use of the source code, including any resulting derivative works, are licensed by TI for use only with TI Devices. -b. Certain Licensed Materials may (i) require patent licenses from third -parties claiming patent rights covering implementation of the Licensed -Materials or (ii) be based on industry recognized standards or software -programs published by industry recognized standards bodies and certain third -parties may claim to own patents or copyrights that cover implementation of -those standards. You acknowledge and agree that this Agreement does not -convey a license to any such third party patents and copyrights. +* any redistribution and use of any object code compiled from the source code and any resulting derivative works, are licensed by TI for use only with TI Devices. -c. YOU ACKNOWLEDGE AND AGREE THAT TI SHALL NOT BE LIABLE FOR AND SHALL NOT -DEFEND OR INDEMNIFY YOU AGAINST ANY THIRD PARTY INFRINGEMENT CLAIM THAT -RELATES TO OR IS BASED ON YOUR MANUFACTURE, USE, OR DISTRIBUTION OF THE -LICENSED MATERIALS OR YOUR MANUFACTURE, USE, OFFER FOR SALE, SALE, -IMPORTATION OR DISTRIBUTION OF YOUR PRODUCTS THAT INCLUDE OR INCORPORATE THE -LICENSED MATERIALS. +Neither the name of Texas Instruments Incorporated nor the names of its suppliers may be used to endorse or promote products derived from this software without specific prior written permission. -d. You acknowledge and agree that you are responsible for any fees or -royalties that may be payable to any third party based on such third party's -interests in the Licensed Materials described in Section 3(b) above (the -"Third Party Payment Obligations"). You agree to indemnify TI against any -Third Party Payment Obligations and will defend any claim, suit or -proceeding brought against TI insofar as such claim, suit or proceeding is -based on your failure to pay any Third Party Payment Obligations. +DISCLAIMER. -4. Warranties and Limitations. THE LICENSED MATERIALS ARE PROVIDED "AS IS". -TI AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED OR -STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR -A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF -RESPONSES, RESULTS AND LACK OF NEGLIGENCE. TI DISCLAIMS ANY WARRANTY OF -TITLE, QUIET ENJOYMENT, QUIET POSESSION, AND NON-INFRINGEMENT OF ANY THIRD -PARTY INTELLECTUAL PROPERTY RIGHTS WITH REGARD TO THE LICENSED MATERIALS OR -USE OF THOSE MATERIALS. - -YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS MAY NOT BE INTENDED -FOR PRODUCTION APPLICATIONS AND MAY CONTAIN IRREGULARITIES AND DEFECTS NOT -FOUND IN PRODUCTION SOFTWARE. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT -THE LICENSED MATERIALS HAVE NOT BEEN TESTED OR CERTIFIED BY ANY GOVERNMENT -AGENCY OR INDUSTRY REGULATORY ORGANIZATION OR ANY OTHER THIRD PARTY -ORGANIZATION. YOU AGREE THAT PRIOR TO USING, INCORPORATING OR DISTRIBUTING -THE LICENSED MATERIALS IN OR WITH ANY COMMERCIAL PRODUCT THAT YOU WILL -THOROUGHLY TEST THE PRODUCT AND THE FUNCTIONALITY OF THE LICENSED MATERIALS -IN OR WITH THAT PRODUCT AND BE SOLELY RESPONSIBLE FOR ANY PROBLEMS OR -FAILURES. - -IN NO EVENT SHALL TI OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, -INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED ON ANY THEORY -OF LIABILITY, ARISING IN ANY WAY OUT OF THIS AGREEMENT, OR YOUR USE OF THE -LICENSED MATERIALS, WHETHER OR NOT TI HAS BEEN ADVISED OF THE POSSIBILITY OF -SUCH DAMAGES. EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COST OF -REMOVAL OR REINSTALLATION, OUTSIDE COMPUTER TIME, LABOR COSTS, LOSS OR -CORRUPTION OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, OR -LOSS OF USE OR INTERRUPTION OF BUSINESS OR ANY OTHER ECONOMIC LOSS. IN NO -EVENT WILL TI'S AGGREGATE LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF -YOUR USE OF THE LICENSED MATERIALS EXCEED FIVE HUNDRED U.S. DOLLARS -(US$500). - -Because some jurisdictions do not allow the exclusion or limitation of -incidental or consequential damages or limitation on how long an implied -warranty lasts, the above limitations or exclusions may not apply to you. - -5. Export Control. The Licensed Materials may be subject to the export or -import regulations of certain countries. You agree to comply with all such -regulations and acknowledge that you have the responsibility to obtain any -licenses or other authorizations that may be required to export, re-export -or import the Licensed Materials. - -6. Governing Law, Jurisdiction and Severability. This Agreement will be -governed by and interpreted in accordance with the laws of the State of -Texas, without reference to conflict of laws principles. If for any reason -a court of competent jurisdiction finds any provision of the Agreement to be -unenforceable, that provision will be enforced to the maximum extent -possible to effectuate the intent of the parties and the remainder of the -Agreement shall continue in full force and effect. This Agreement shall not -be governed by the United Nations Convention on Contracts for the -International Sale of Goods, or by the Uniform Computer Information -Transactions Act (UCITA). The parties agree that non-exclusive jurisdiction -for any dispute arising out of or relating to this Agreement lies within the -courts located in the State of Texas. Notwithstanding the foregoing, any -judgment may be enforced in any United States or foreign court, and either -party may seek injunctive relief in any United States or foreign court. -Failure by TI to enforce any provision of this Agreement shall not be deemed -a waiver of future enforcement of that or any other provision in this -Agreement or any other agreement that may be in place between the parties. - -7. PRC Provisions. If you are located in the People's Republic of China -("PRC") or if the Licensed Materials will be sent to the PRC, the following -provisions shall apply: - -a. Registration Requirements. You shall be solely responsible for -performing all acts and obtaining all approvals that may be required in -connection with this Agreement by the government of the PRC, including but -not limited to registering pursuant to, and otherwise complying with, the -PRC Measures on the Administration of Software Products, Management -Regulations on Technology Import-Export, and Technology Import and Export -Contract Registration Management Rules. Upon receipt of such approvals from -the government authorities, you shall forward evidence of all such approvals -to TI for its records. In the event that you fail to obtain any such -approval or registration, you shall be solely responsible for any and all -losses, damages or costs resulting therefrom, and shall indemnify TI for all -such losses, damages or costs. - -b. Governing Language. This Agreement is written and executed in the -English language. If a translation of this Agreement is required for any -purpose, including but not limited to registration of the Agreement pursuant -to any governmental laws, regulations or rules, you shall be solely -responsible for creating such translation. Any translation of this -Agreement into a language other than English is intended solely in order to -comply with such laws or for reference purposes, and the English language -version shall be authoritative and controlling. - -8. Entire Agreement. This is the entire agreement between you and TI and -supersedes any prior agreement between the parties related to the subject -matter of this Agreement. No amendment or modification of this Agreement -will be effective unless in writing and signed by a duly authorized -representative of TI. You hereby warrant and represent that you have -obtained all authorizations and other applicable consents required -empowering you to enter into this Agreement. +THIS SOFTWARE IS PROVIDED BY TI AND TI’S LICENSORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL TI AND TI’S LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- The TI-TSPA license file content we currently have is obsolete. Hence, update the content for the same. Signed-off-by: Chirag Shilwant <c-shilwant@ti.com> --- meta-ti-bsp/licenses/TI-TSPA | 207 +++-------------------------------- 1 file changed, 16 insertions(+), 191 deletions(-)