| END USER LICENSE FOR MediaTek MT8167 SoC System Binary |
| |
| Copyright (c) 2020, MEDIATEK INC. All rights reserved. |
| |
| By accessing or using any part of the MediaTek MT8167 SoC System Binary |
| (“Binary”), you as the end-user licensee of the Binary (“you”) accept and agree |
| to be bound by the terms and conditions of this License, which then commences |
| with effect as a legal agreement between you and MediaTek Inc. (“MediaTek”). If |
| you do not agree to the terms and conditions of this License, you must not |
| access or use the Binary. |
| |
| 1. GRANT OF LICENSE |
| MediaTek hereby grants you a limited, non-exclusive, |
| non-transferable, world-wide, terminable license, under MediaTek’s copyrights |
| and trade secrets in and to the Binary, to use only in binary code form and only |
| as incorporated in or used with Licensed Product for which corresponding fees |
| have been paid. “Licensed Product” means Coral Dev Board Mini, a Google’s |
| single-board computer (and its successor product(s)) related to machine learning |
| inferencing in a small form factor, which contains, among others, MediaTek’s |
| chipset MT8167. |
| |
| 2. RESTRICTION OF LICENSE |
| 2.1 You shall not use all or any part of the Binary for any purpose other than |
| the purposes expressly provided for hereunder. |
| 2.2 You shall have no other right or license to the Binary, implicit or |
| explicit, unless expressly set forth in the scope of the license and purpose |
| stated herein. |
| 2.3 Unless explicitly permitted herein or in writing by MediaTek in advance, you |
| shall not (and shall not allow any third party to): |
| (a) decompile, disassemble, reverse engineer or attempt to reconstruct, |
| identify or discover any source code, underlying ideas, underlying algorithms of |
| the Binary by any means whatsoever, or disclose any of the foregoing, except to |
| the extent such restriction is expressly prohibited by applicable laws and not |
| waivable thereunder. |
| (b) sell, rent, market, assign, license, sub-license, transfer, transmit, |
| convey, pledge, or charge any right or interest in the Binary, to any third |
| party. |
| |
| 3. OWNERSHIP TO BINARY |
| You acknowledge and agree that any and all intellectual property rights in and |
| to the Binary shall remain the exclusive property of MediaTek or, for third |
| party software contained in the Binary, such third party. |
| |
| 4. WARRANTY AND DISCLAIMER |
| 4.1 If the Binary includes any Open Source Software (as defined below), you must |
| comply with all licensing terms applicable to such Open Source Software. “Open |
| Source Software” means any software or software component, module or package |
| that contains, or is derived in any manner (in whole or in part) from, any that |
| is distributed as free software, open source software or similar licensing or |
| distribution models. |
| 4.2 To the extent permitted by law, you will indemnify, defend and hold harmless |
| Mediatek, its affiliates, directors, officers, employees, customers, |
| distributor, agents and/or contractors (each an "Indemnified Party") from any |
| and all claims, losses, liabilities, damages, expenses and costs (including |
| without limitation reasonable attorneys’ fees) incurred by such Indemnified |
| Party as a result of your breach of this License and/or your non-compliance with |
| all applicable laws and regulations. |
| 4.3 You acknowledge and agree that, to the extent permitted by law, the Binary |
| is provided to you on an “AS IS” basis only. MediaTek expressly disclaims any |
| and all warranties, whether express, implied, statutory or otherwise, including |
| but not limited to the implied warranties of merchantability, fitness for a |
| particular purpose, or non-infringement. MediaTek does not provide any warranty |
| whatsoever with respect to the Binary of any third parties which may be used by, |
| incorporated in, or supplied with the Binary. MediaTek specifically disclaims |
| any warranty that the operation of the Binary will be uninterrupted or error |
| free. |
| |
| 5. LIMITATION OF LIABILITY |
| To the extent not prohibited by applicable law, in no event shall MediaTek be |
| liable for any direct, special, incidental, consequential, indirect, or punitive |
| damages, including loss of profit or revenues, arising out of or in connection |
| with this License. The limitations shall apply even if you have been advised of |
| the possibility of such damages and notwithstanding any failure of essential |
| purpose of any limited remedy. |
| |
| 6. EXPORT COMPLIANCE |
| The Binary, documentation, technology, and/or chipsets (“Received Item”) |
| provided under this License may be subject to import, export, re-export and/or |
| transfer restrictions under the U.S. laws and regulations and/or any applicable |
| laws and regulations of other jurisdictions (collectively "Export Laws"), as |
| applicable. You agree to fully comply with Export Laws, and to assure that the |
| Received Item will not be (1) exported, re-exported, or transferred, directly or |
| indirectly, in violation of Export Laws, to any person who has been prohibited |
| or restricted from participating in the U.S. export transactions by any federal |
| agency of the U.S. government; or (2) intended to be used for any purpose |
| prohibited by Export Laws, including, without limitation, nuclear, chemical, or |
| biological weapons proliferation and military. You further acknowledge and agree |
| that you will cooperate with MediaTek and provide necessary assistance to prove |
| your compliance with this section. |
| |
| 7. CONFIDENTIALITY |
| You acknowledge and agree that Confidential Information means all information |
| including but not limited to the Binary as made available or disclosed by |
| MediaTek or other channels under this License. You shall maintain in confidence |
| the Confidential Information and apply security measures no less stringent than |
| the measures that you apply to your own like information, but not less than a |
| reasonable degree of care, to prevent unauthorized disclosure and use of the |
| Confidential Information. |
| |
| 8. GOVERNING LAW |
| This License and all acts pursuant hereto and the rights and obligations of the |
| parties hereto shall be governed, construed and interpreted in accordance with |
| the laws of Singapore, without giving effect to principles of conflicts of law. |