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THIS LIMITATION ON LIABILITY SHALL SURVIVE EVEN IF THE LIMITED REMEDY
PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. IN NO CASE WILL MIPS’
LIABILITY FOR DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNTS
RECEIVED BY MIPS AS FEES UNDER THIS AGREEMENT.
10. WAIVER; MODIFICATION
Any waiver of any right or default hereunder will be effective only in the instance given
and will not operate as or imply a waiver of any other or similar right or default on any
subsequent occasion. No waiver or modication of this Agreement or of any provision
hereof will be effective unless in writing and signed by the party against whom such
waiver or modication is sought to be enforced.
11. HAZARDOUS APPLICATIONS
The MIPS Deliverables are not intended for use in any nuclear, aviation, mass transit,
medical, or other inherently dangerous application. MIPS EXPRESSLY DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USE. LICENSEE
REPRESENTS AND WARRANTS THAT IT WILL NOT USE THE MIPS DELIVERABLES
FOR SUCH PURPOSES.
12. SEVERABILITY
In the event any provision of this Agreement (or portion thereof) is determined to
be invalid, illegal or otherwise unenforceable, then such provision will, to the extent
permitted, not be voided but will instead be construed to give effect to its intent to the
maximum extent permissible under applicable law and the remainder of this Agreement
will remain in full force and effect according to its terms. IN THE EVENT THAT ANY
REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES
SHALL REMAIN IN EFFECT.
13. RIGHTS IN DATA
Licensee acknowledges that all software and software related items licensed by MIPS
to Licensee pursuant to this Agreement are “Commercial Computer Software” or
“Commercial Computer Software Documentation” as dened in FAR 12.212 for civilian
agencies and DFARS 227.7202 for military agencies, and that in the event that Licensee
is permitted under this Agreement to provide such items to the U.S. government, such
items shall be provided under terms at least as restrictive as the terms of this Agreement.
14. MISCELLANEOUS
(a) The MIPS Deliverables and GPL Materials may be subject to U.S. export or import
control laws and export or import regulations of other countries. Licensee agrees
to comply strictly with all such laws and regulations and acknowledges that it has the
responsibility to obtain such licenses to export, re-export, or import as may be required
after delivery to Licensee. Licensee shall indemnify, defend and hold MIPS harmless from
any damages, fees, costs, nes, expenses, charges and any actual or threatened civil and/
or criminal claims or defenses arising from any failure of Licensee and/or its customers to
comply with any obligations arising under this Section 14(a).
(b) Any notice required or permitted by this Agreement must be in writing and must
be sent by email, by facsimile, by recognized commercial overnight courier, or mailed by
United States registered mail, effective only upon receipt, to the legal departments of
MIPS or Licensee (if Licensee has no legal department, then to an ofcer of Licensee, a
contact person specied by Licensee or Licensee’s place of business).
(c) The headings contained herein are for the convenience of reference only and are
not intended to dene, limit, expand or describe the scope or intent of any clause or
provision of this Agreement.
(d) The parties hereto are independent contractors, and nothing herein shall be
construed to create an agency, joint venture, partnership or other form of business
association between the parties hereto.
(e) Licensee acknowledges that, in providing Licensee with the MIPS Deliverables, MIPS
has relied upon Licensee’s agreement to be bound by the terms of this Agreement.
Licensee further acknowledges that it has read, understood, and agreed to be bound by
the terms of this Agreement, and hereby reafrms its acceptance of those terms.
15. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of California, excluding
California’s choice of law rules. With the exception of MIPS’ rights to enforce its
intellectual property rights in the MIPS Deliverables, all disputes arising out of this
Agreement shall be subject to the exclusive jurisdiction and venue of the state and
federal courts located in Santa Clara County, California, and the parties consent to the
personal and exclusive jurisdiction and venue of these courts. The parties expressly
disclaim the application of the United Nations Convention on the International Sale of
Goods to this Agreement.
16. ENTIRE AGREEMENT
This Agreement and the GNU GPL constitute the entire agreement between MIPS
and Licensee regarding the MIPS Deliverables and GPL Materials provided to Licensee
hereunder, and shall supersede and control over any other prior or contemporaneous
shrinkwrap and/or clickwrap agreements regarding the same. Any additions or
modications must be made in a subsequent, written agreement signed by both parties.
10. Boost crc.php
Boost Software License - Version 1.0 - August 17th, 2003
Permission is hereby granted, free of charge, to any person or organization obtaining
a copy of the software and accompanying documentation covered by this license (the
“Software”) to use, reproduce, display, distribute, execute, and transmit the Software,
and to prepare derivative works of the Software, and to permit third-parties to whom
the Software is furnished to do so, all subject to the following:
The copyright notices in the Software and this entire statement, including the above
license grant, this restriction and the following disclaimer, must be included in all copies
of the Software, in whole or in part, and all derivative works of the Software, unless such
copies or derivative works are solely in the form of machine-executable object code
generated by a source language processor.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE
DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER
LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
11. sqlite
SQLite Copyright
All of the deliverable code in SQLite has been dedicated to the HYPERLINK
“http://en.wikipedia.org/wiki/Public_Domain” public domain by the authors.
12. Expat
Copyright (c) 1998, 1999, 2000 Thai Open Source Software Center Ltd and Clark
Cooper Copyright (c) 2001, 2002, 2003, 2004, 2005, 2006 Expat maintainers.Permission
is hereby granted, free of charge, to any person obtaining a copy of this software and
associated documentation les (the “Software”), to deal in the Software without
restriction, including without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom
the Software is furnished to do so, subject to
the following conditions: The above copyright notice and this permission notice shall
be included in all copies or substantial portions of the Software. THE SOFTWARE IS
PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT
SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM,
DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
13. jQuery
Copyright (c) 2012 jQuery Foundation and other contributors, http://jquery.com/
Permission is hereby granted, free of charge, to any person obtaining a copy of this
software and associated documentation les (the “Software”), to deal in the Software
without restriction, including without limitation the rights to use, copy, modify, merge,
publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons
to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or
substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
14. libcurl
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1996 - 2011, Daniel Stenberg, <daniel@haxx.se>.
All rights reserved.
Permission to use, copy, modify, and distribute this software for any purpose with
or without fee is hereby granted, provided that the above copyright notice and this
permission notice appear in all copies.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES
OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT
OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be used in
advertising or otherwise to promote the sale, use or other dealings in this Software
without prior written authorization of the copyright holder.
15. Freetype License
The FreeType Project LICENSE
----------------------------
2006-Jan-27
Copyright 1996-2002, 2006 by
David Turner, Robert Wilhelm, and Werner Lemberg
Introduction
============
The FreeType Project is distributed in several archive packages; some of them may
contain, in addition to the FreeType font engine, various tools and contributions which
rely on, or relate to, the FreeType Project.
This license applies to all les found in such packages, and which do not fall under their
own explicit license. The license affects thus the FreeType font engine, the test programs,
documentation and makeles, at the very least.
This license was inspired by the BSD, Artistic, and IJG (Independent JPEG Group)
licenses, which all encourage inclusion and use of free software in commercial and
freeware products alike. As a consequence, its main points are that:
o We don’t promise that this software works. However, we will be interested in any kind
of bug reports. (`as is’ distribution)
o You can use this software for whatever you want, in parts or full form, without having
to pay us. (`royalty-free’ usage)
o You may not pretend that you wrote this software. If you use it, or only parts of it, in a
program, you must acknowledge somewhere in your documentation that you have used
the FreeType code. (`credits’)
We specically permit and encourage the inclusion of this software, with or without
modications, in commercial products. We disclaim all warranties covering The FreeType
Project and assume no liability related to The FreeType Project.
Finally, many people asked us for a preferred form for a credit/disclaimer to use in
compliance with this license. We thus encourage you to use the following text:
“Portions of this software are copyright <year> The FreeType Project (www.freetype.
org). All rights reserved.”
“Please replace <year> with the value from the FreeType version you actually use.”
Legal Terms
===========
0. Denitions
--------------
Throughout this license, the terms `package’, `FreeType Project’, and `FreeType archive’
refer to the set of les originally distributed by the authors (David Turner, Robert
Wilhelm, and Werner Lemberg) as the `FreeType Project’, be they named as alpha, beta
or nal release.
`You’ refers to the licensee, or person using the project, where `using’ is a generic term
including compiling the project’s source code as well as linking it to form a `program’ or
`executable’. This program is referred to as `a program using the FreeType engine’.
This license applies to all les distributed in the original FreeType Project, including
all source code, binaries and documentation, unless otherwise stated in the le in its
original, unmodied form as distributed in the original archive. If you are unsure whether
or not a particular le is covered by this license, you must contact us to verify this.
The FreeType Project is copyright (C) 1996-2000 by David Turner, Robert Wilhelm, and
Werner Lemberg. All rights reserved except as specied below.
1. No Warranty
THE FREETYPE PROJECT IS PROVIDED `AS IS’ WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT WILL ANY OF THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY DAMAGES CAUSED BY THE USE OR THE
INABILITY TO USE OF THE FREETYPE PROJECT.
2 Redistribution
This license grants a worldwide, royalty-free, perpetual and irrevocable right and license
to use, execute, perform, compile, display, copy, create derivative works of, distribute and
sublicense the FreeType Project (in both source and object code forms) and derivative
works thereof for any purpose; and to authorize others to exercise some or all of the
rights granted herein, subject to the following conditions:
o Redistribution of source code must retain this license le (`FTL.TXT’) unaltered;
any additions, deletions or changes to the original les must be clearly indicated in
accompanying documentation. The copyright notices of the unaltered, original les must
be preserved in all copies of source les.
o Redistribution in binary form must provide a disclaimer that states that the software is
based in part of the work of the FreeType Team, in the distribution documentation. We
also encourage you to put an URL to the FreeType web page in your documentation,
though this isn’t mandatory.
These conditions apply to any software derived from or based on the FreeType Project,
not just the unmodied les. If you use our work, you must acknowledge us. However,
no fee need be paid to us.
3. Advertising
Neither the FreeType authors and contributors nor you shall use the name of the other
for commercial, advertising, or promotional purposes without specic prior written
permission.
We suggest, but do not require, that you use one or more of the following phrases to
refer to this software in your documentation or advertising materials: `FreeType Project’,
`FreeType Engine’, `FreeType library’, or `FreeType Distribution’.
As you have not signed this license, you are not required to accept it. However, as the
FreeType Project is copyrighted material, only this license, or another one contracted
with the authors, grants you the right to use, distribute, and modify it. Therefore, by
using, distributing, or modifying the FreeType Project, you indicate that you understand
and accept all the terms of this license.
4. Contacts
There are two mailing lists related to FreeType:
o freetype@nongnu.org
Discusses general use and applications of FreeType, as well as future and wanted
additions to the library and distribution. If you are looking for support, start in this list if
you haven’t found anything to help you in the documentation.
o freetype-devel@nongnu.org
Discusses bugs, as well as engine internals, design issues, specic licenses, porting, etc.
Our home page can be found at
http://www.freetype.org
--- end of FTL.TXT ---
16. pppd
/ pppd.h - PPP daemon global declarations.
Copyright (c) 1984-2000 Carnegie Mellon University. All rights reserved.
Redistribution and use in source and binary forms, with or without modication, are
permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of
conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of
conditions and the following disclaimer in the documentation and/or other materials
provided with the distribution.
3. The name “Carnegie Mellon University” must not be used to endorse or promote
products derived from this software without prior written permission. For
permission or any legal details, please contact
Ofce of Technology Transfer, Carnegie Mellon University, 5000 Forbes Avenue,
Pittsburgh, PA 15213-3890, (412) 268-4387, fax: (412) 268-7395, tech-transfer@
andrew.cmu.edu
4. Redistributions of any form whatsoever must retain the following acknowledgment:
“This product includes software developed by Computing Services at Carnegie
Mellon University (http://www.cmu.edu/computing/).”
CARNEGIE MELLON UNIVERSITY DISCLAIMS ALL WARRANTIES WITH
REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL CARNEGIE MELLON
UNIVERSITY BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF THIS SOFTWARE.
17. zlib
zlib.h -- interface of the ‘zlib’ general purpose compression library version 1.2.3, July 18th,
2005
Copyright (C) 1995-2005 Jean-loup Gailly and Mark Adler
This software is provided ‘as-is’, without any express or implied warranty. In no event will
the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including
commercial applications, and to alter it and redistribute it freely, subject to the following
restrictions:
1. The origin of this software must not be misrepresented; you must not claim
that you wrote the original software. If you use this software in a product, an
acknowledgment in the product documentation would be appreciated but is not
required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Jean-loup Gailly Mark Adler
jloup@gzip.org madler@alumni.caltech.edu
18. cJSON
Copyright (c) 2009 Dave Gamble
Permission is hereby granted, free of charge, to any person obtaining a copy of this
software and associated documentation les (the “Software”), to deal in the Software
without restriction, including without limitation the rights to use, copy, modify, merge,
publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons
to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or
substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
19. Mongoose
Copyright (c) 2004-2010 Sergey Lyubka
Permission is hereby granted, free of charge, to any person obtaining a copy of this
software and associated documentation les (the “Software”), to deal in the Software
without restriction, including without limitation the rights to use, copy, modify, merge,
publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons
to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or
substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
20. Autosaver.cpp & cookiejar.cpp
You may use this le under the terms of the BSD license as follows:
Redistribution and use in source and binary forms, with or without modication, are
permitted provided that the following conditions are met:
• Redistributions of source code must retain the above copyright notice, this list of
conditions and the following disclaimer.
• Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or other
materials provided with the distribution.
• Neither the name of Nokia Corporation and its Subsidiary(-ies) nor the names of
its contributors may be used to endorse or promote products derived from this
software without specic prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS “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 THE COPYRIGHT OWNER OR
CONTRIBUTORS 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.
NotesNotes Notes
HMP OSS license text_Netflix & Vudu_v1.0_2012.indd 2 8/22/2012 12:03:57 PM