Release Version:	Production Version
Driver Version:	15.40.44.5070
Build Date:	January 29, 2019

Platform / Operating System(s):    
4th Generation Intel(R) Core(TM) processor family (codename Haswell
	Microsoft Windows* 10-32 

5th Generation Intel Core processor family (codename Broadwell) 
	Microsoft Windows* 7-32
	Microsoft Windows* 8.1-32
	Microsoft Windows* 10-32 

Braswell Processor Family
	Microsoft Windows* 7-32
	Microsoft Windows* 8.1-32
	Microsoft Windows* 10-32 
 
Cherry Trail Processor Family
	Microsoft Windows* 7-32
	Microsoft Windows* 8.1-32
	Microsoft Windows* 10-32 


CONTENTS OF THIS DOCUMENT
I.		Product Support
II.		Installation Information
III.		Disclaimer
IV.		Third Party and Open Source Software Terms and Conditions

I.  PRODUCT SUPPORT
Supports Intel HD Graphics, Intel Iris(TM) Graphics, Intel Iris Pro Graphics on:
	4th Generation Intel Core Processor Platform (codename Haswell)	
	5th Generation Intel Core Processor Platform (codename Broadwell) 
	Braswell Processor Family
	Cherry Trail Processor Family 

II.  INSTALLATION INFORMATION      
This document makes references to products developed by Intel. There are some restrictions on how these products may be used, and what information may be disclosed to others. Please read the Disclaimer section and contact your Intel field representative if you would like more information.

III.  DISCLAIMER
Intel is making no claims of usability, efficacy or warranty. The SOFTWARE LICENSE AGREEMENT completely defines the license and use of this software.
This document contains information on products in the design phase of development. The information here is subject to change without notice. Do not finalize a design with this information.
*Other names and brands may be claimed as the property of others.

IV. THIRD PARTY AND OPEN SOURCE SOFTWARE TERMS AND CONDITIONS
SOFTWARE: Android - platform - sdk; Chohfi LottieUWP; Khronos Group Vulkan- Loaders And Validation Layers; Intel X86 Encoder Decoder (Intel XED)
Apache License
Version 2.0, January 2004

http://www.apache.org/licenses/ 

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. 
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. 
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. 
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. 
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. 
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. 
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). 
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. 
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." 
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: 
You must give any other recipients of the Work or Derivative Works a copy of this License; and 

You must cause any modified files to carry prominent notices stating that You changed the files; and 

You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and 

If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 

5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. 
END OF TERMS AND CONDITIONS 
APPENDIX: How to apply the Apache License to your work 
To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives. 
Copyright [yyyy] [name of copyright owner] Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

-------------------------------------------------
SOFTWARE: Bison
Bison GPL 2.0 with Exception
As a special exception, when this file is copied by Bison into a Bison output file, you may use that output file without restriction.
This special exception was added by the Free Software Foundation in version 1.24 of Bison. 

The GNU General Public License (GPL)
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS

How to Apply These Terms to Your New Programs

If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.

To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.

one line to give the program's name and a brief idea of what it does.
Copyright (C)

This program is free software; you can redistribute it and/or
modify it under the terms of the GNU General Public License
as published by the Free Software Foundation; either version 2
of the License, or (at your option) any later version.

This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.

You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
Also add information on how to contact you by electronic and paper mail.

If the program is interactive, make it output a short notice like this when it starts in an interactive mode: 

Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details
type `show w'. This is free software, and you are welcome
to redistribute it under certain conditions; type `show c'
for details.
The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program.

You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names:

Yoyodyne, Inc., hereby disclaims all copyright
interest in the program `Gnomovision'
(which makes passes at compilers) written
by James Hacker.

signature of Ty Coon, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License.

-------------------------------------------------
SOFTWARE: 3DLABS GLSL; CHROMIUM; GOOGLETEST
BSD 3-clause New or Revised License
Copyright (c) 2019,
All rights reserved.

Redistribution and use in source and binary forms, with or without modification, 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 the <ORGANIZATION> nor the names of its contributors may be used to endorse or promote products derived from this software without specific 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.

------------------------------------------------------
SOFTWARE: Khronos Group OpenCL Registry; 
The Khronos Group Inc.
Copyright (c) 2008-2010 
Permission is hereby granted, free of charge, to any person obtaining a  copy of this software and/or associated documentation files (the  "Materials"), to deal in the Materials without restriction, including  without limitation the rights to use, copy, modify, merge, publish,  distribute, sublicense, and/or sell copies of the Materials, and to  permit persons to whom the Materials are 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 Materials.   THE MATERIALS ARE 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  MATERIALS OR THE USE OR OTHER DEALINGS IN THE MATERIALS.

------------------------------------------------
SOFTWARE: Ericsson Texture Compression 
GNU Lesser General Public License Version 2.1 Only
"This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation[,][;] version 2.1 of the License." 

GNU Lesser General Public License
Version 2.1, February 1999

Copyright (C) 1991, 1999 Free Software Foundation, Inc.
59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.

[This is the first released version of the Lesser GPL. It also counts
as the successor of the GNU Library Public License, version 2, hence
the version number 2.1.]


Preamble
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. 

This license, the Lesser General Public License, applies to some specially designated software packages--typically libraries--of the Free Software Foundation and other authors who decide to use it. You can use it too, but we suggest you first think carefully about whether this license or the ordinary General Public License is the better strategy to use in any particular case, based on the explanations below. 

When we speak of free software, we are referring to freedom of use, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish); that you receive source code or can get it if you want it; that you can change the software and use pieces of it in new free programs; and that you are informed that you can do these things.

To protect your rights, we need to make restrictions that forbid distributors to deny you these rights or to ask you to surrender these rights. These restrictions translate to certain responsibilities for you if you distribute copies of the library or if you modify it. 

For example, if you distribute copies of the library, whether gratis or for a fee, you must give the recipients all the rights that we gave you. You must make sure that they, too, receive or can get the source code. If you link other code with the library, you must provide complete object files to the recipients, so that they can relink them with the library after making changes to the library and recompiling it. And you must show them these terms so they know their rights. 

We protect your rights with a two-step method: (1) we copyright the library, and (2) we offer you this license, which gives you legal permission to copy, distribute and/or modify the library. 

To protect each distributor, we want to make it very clear that there is no warranty for the free library. Also, if the library is modified by someone else and passed on, the recipients should know that what they have is not the original version, so that the original author's reputation will not be affected by problems that might be introduced by others. 

Finally, software patents pose a constant threat to the existence of any free program. We wish to make sure that a company cannot effectively restrict the users of a free program by obtaining a restrictive license from a patent holder. Therefore, we insist that any patent license obtained for a version of the library must be consistent with the full freedom of use specified in this license. 

Most GNU software, including some libraries, is covered by the ordinary GNU General Public License. This license, the GNU Lesser General Public License, applies to certain designated libraries, and is quite different from the ordinary General Public License. We use this license for certain libraries in order to permit linking those libraries into non-free programs. 

When a program is linked with a library, whether statically or using a shared library, the combination of the two is legally speaking a combined work, a derivative of the original library. The ordinary General Public License therefore permits such linking only if the entire combination fits its criteria of freedom. The Lesser General Public License permits more lax criteria for linking other code with the library. 

We call this license the "Lesser" General Public License because it does Less to protect the user's freedom than the ordinary General Public License. It also provides other free software developers Less of an advantage over competing non-free programs. These disadvantages are the reason we use the ordinary General Public License for many libraries. However, the Lesser license provides advantages in certain special circumstances. 

For example, on rare occasions, there may be a special need to encourage the widest possible use of a certain library, so that it becomes a de-facto standard. To achieve this, non-free programs must be allowed to use the library. A more frequent case is that a free library does the same job as widely used non-free libraries. In this case, there is little to gain by limiting the free library to free software only, so we use the Lesser General Public License. 

In other cases, permission to use a particular library in non-free programs enables a greater number of people to use a large body of free software. For example, permission to use the GNU C Library in non-free programs enables many more people to use the whole GNU operating system, as well as its variant, the GNU/Linux operating system. 

Although the Lesser General Public License is Less protective of the users' freedom, it does ensure that the user of a program that is linked with the Library has the freedom and the wherewithal to run that program using a modified version of the Library. 

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END OF TERMS AND CONDITIONS


How to Apply These Terms to Your New Libraries
If you develop a new library, and you want it to be of the greatest possible use to the public, we recommend making it free software that everyone can redistribute and change. You can do so by permitting redistribution under these terms (or, alternatively, under the terms of the ordinary General Public License). 

To apply these terms, attach the following notices to the library. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found. 

one line to give the library's name and an idea of what it does.
Copyright (C) year name of author 

This library is free software; you can redistribute it and/or
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This library is distributed in the hope that it will be useful,
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Also add information on how to contact you by electronic and paper mail. 

You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the library, if necessary. Here is a sample; alter the names: 

Yoyodyne, Inc., hereby disclaims all copyright interest in
the library `Frob' (a library for tweaking knobs) written
by James Random Hacker.

signature of Ty Coon, 1 April 1990
Ty Coon, President of Vice

-------------------------------------------------
SOFTWARE: Khronos Group OpenCL Registry; 
The Khronos Group Inc. Copyright (c) 2008-2010  
Permission is hereby granted, free of charge, to any person obtaining a  copy of this software and/or associated documentation files (the  "Materials"), to deal in the Materials without restriction, including  without limitation the rights to use, copy, modify, merge, publish,  distribute, sublicense, and/or sell copies of the Materials, and to  permit persons to whom the Materials are 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 Materials.   THE MATERIALS ARE 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  MATERIALS OR THE USE OR OTHER DEALINGS IN THE MATERIALS.

-------------------------------------------------
SOFTWARE: Khronos Group - LLVM Compiler; SPIRV-LLVM; Khronos Group - SPIRV-LLVM-Translator
LLVM Release License

University of Illinois/NCSA
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Developed by:

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==============================================================================
Copyrights and Licenses for Third Party Software Distributed with LLVM:
==============================================================================
The LLVM software contains code written by third parties.  Such software will
have its own individual LICENSE.TXT file in the directory in which it appears.
This file will describe the copyrights, license, and restrictions which apply
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The disclaimer of warranty in the University of Illinois Open Source License
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The following pieces of software have additional or alternate copyrights,
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Program             Directory
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Google Test         llvm/utils/unittest/googletest
OpenBSD regex       llvm/lib/Support/{reg*, COPYRIGHT.regex}
pyyaml tests        llvm/test/YAMLParser/{*.data, LICENSE.TXT}
ARM contributions   llvm/lib/Target/ARM/LICENSE.TXT
md5 contributions   llvm/lib/Support/MD5.cpp llvm/include/llvm/Support/MD5.h

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included for use in websites and web applications (as opposed to Windows Library for JavaScript 
files covered in Section 4.d below) may be distributed to run on any platform; 
 
..include Distributable Code in malicious, deceptive or unlawful programs; or 
 
..modify or distribute the source code of any Distributable Code so that any part of it becomes 
subject to an Excluded License. An Excluded License is one that requires, as a condition of use, 
modification or distribution, that 
 
..the code be disclosed or distributed in source code form; or 
 
..others have the right to modify it. 
 
d. Windows Library for JavaScript. The software includes Windows Library for JavaScript. In 
addition to the other provisions of this Distributable Code section, the following also applies to your 
programs that work in conjunction with Windows Library for JavaScript. The Windows Library for 
JavaScript files help your programs implement the Windows design template and UI look and feel. 
You may copy, use and distribute these files, without modification, in programs you develop for your 
internal use or in programs that you develop and distribute to third parties. You may distribute 
programs containing the Windows Library for JavaScript files only through the Windows Store and 
not by any other means. 
 
e. Additional Licensing Requirements and/or Distribution Rights for Features Made 
Available with the Software: 
 
..Bing Maps. The software may include features that retrieve content such as maps, images and 
other data through the Bing Maps (or successor branded) application programming interface 
(the “Bing Maps API”) to create reports displaying data on top of maps, aerial and hybrid 
imagery. If these features are included, you may use these features to create and view dynamic 
or static documents only in conjunction with and through methods and means of access 
integrated in the software. You may not otherwise copy, store, archive, or create a database of 
the content available through the Bing Maps API. You may not use the Bing Maps API to provide 
sensor based guidance/routing, nor use any Road Traffic Data or Bird’s Eye Imagery (or 
associated metadata) even if available through the Bing Maps API for any purpose. 
 
..Additional Mapping APIs. The software may include application programming interfaces that 
provide maps and other related mapping features and services that are not provided by Bing 
(the “Additional Mapping APIs”). These Additional Mapping APIs are subject to additional 
terms and conditions and may require payment of fees to Microsoft and/or third party providers 
based on the use or volume of use of such Additional Mapping APIs. These terms and 
conditions will be provided when you obtain any necessary license keys to use such Additional 
Mapping APIs or when you review or receive documentation related to the use of such 
Additional Mapping APIs. 
  
..Windows.Phone.Speech namespace API. Using speech recognition functionality via the 
Windows.Phone.Speech namespace APIs in a program requires the support of a speech 
recognition service. The service may require network connectivity at the time of recognition 
(e.g., when using a predefined grammar). In addition, the service may also collect 
speech-related data in order to provide and improve the service. The speech-related data may 
include, for example, information related to grammar size and string phrases in a grammar. 
 
Also, in order for a user to use speech recognition on the phone they must first accept certain 
terms of use. The terms of use notify the user that data related to their use of the speech 
recognition service will be collected and used to provide and improve the service. If a user does 
not accept the terms of use and speech recognition is attempted by the application, the 
operation will not work and an error will be returned to the application. 
 
..Location Framework. The software may contain a location framework component that enables 
support of location services in programs. In addition to the other limitations in this agreement, 
you must comply with all applicable local laws and regulations when using the location 
framework component or the rest of the software. 
 
..Device ID Access. The software may contain a component that enables programs to access 
the device ID of the device that is running the program. In addition to the other limitations in 
this agreement, you must comply with all applicable local laws and regulations when using the 
device ID access component or the rest of the software. 
 
..PlayReady Support. The software includes the Windows Phone Emulator, which contains 
Microsoft’s PlayReady content access technology. Content owners use Microsoft PlayReady 
content access technology to help protect their intellectual property, including copyrighted 
content. This software uses PlayReady technology to access PlayReady-protected content 
and/or Microsoft Digital Rights Management (DRM) protected content. Microsoft may decide to 
revoke the software’s ability to consume PlayReady-protected content for reasons including but 
not limited to (i) if a breach or potential breach of PlayReady technology occurs, (ii) proactive 
robustness enhancement, and (iii) if content owners require the revocation because the 
software fails to properly enforce restrictions on content usage. Revocation should not affect 
unprotected content or content protected by other content access technologies. Content 
owners may require you to upgrade PlayReady to access their content. If you decline an 
upgrade, you will not be able to access content that requires the upgrade and may not be able 
to install other operating system updates or upgrades. 
 
..Microsoft Advertising SDK. If you pass precise location data or other user related data (e.g., 
user identifier, profile data, behaviorally tracked user data) to the Microsoft Advertising SDK for 
Windows Phone, then your program must (a) notify end users that it will be collecting and using 
user related information and providing this information to Microsoft for Microsoft’s advertising 
use, and (b) explicitly obtain affirmative user consent (e.g. the user must click an “Accept” or 
continue “Install” button) for this upon download of the software and/or application. In 
addition, you agree to: (a) comply with certification and other requirements for Windows 
Phone; (b) comply with Microsoft’s privacy and other policies in your collection and use of any 
user data; (c) not collect or use any user identifier created or provided to you by Microsoft for 
any purpose other than passing such identifier to a Microsoft advertising service as part of your 
use of the service; and (d) provide in your privacy policy and/or terms of use a link that provides 
users with the ability to opt out of Microsoft interest based advertising at the following location 
https://choice.live.com/AdvertisementChoice/. 
 
5. DATA. 
 
a. Consent for Internet-Based Services. Microsoft provides Internet-based services with the 
software. It may change or cancel them at any time. The software features described below and in 
the Visual Studio 2013 privacy statement connect to Microsoft or service provider computer systems 
over the Internet. In some cases, you will not receive a separate notice when they connect. You may 
 
switch off these features or not use them. For more information about these features, see 
http://go.microsoft.com/fwlink/?LinkId=286720. BY USING THESE FEATURES, YOU 
CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the 
information to identify or contact you. 
 
..Extensions and Updates; and New Project Dialog. Extensions and Updates; and New Project 
Dialog can retrieve other software through the Internet from Visual Studio Gallery, Microsoft 
Download Center and MSDN Samples websites. To provide this other software, Extensions 
and Updates; and New Project Dialog send to Microsoft the name and version of the software 
you are using and language code of the device where you installed the software. In addition, 
Extensions and Updates contains an automatic update feature that is on by default. 
 
..For more information about this feature, including instructions for to turning it off, see 
http://go.microsoft.com/fwlink/?LinkId=286720. You may turn off this automatic 
update feature while the software is running (“opt out”). Unless you expressly opt out 
of this feature, the feature will (a) connect to Microsoft or service provider computer 
systems over the Internet, (b) use Internet protocols to send to the appropriate 
systems standard computer information, such as your computer’s Internet protocol 
address, operating system, the name and version of the software you are using and 
language code of the device where you installed the software, and (c) prompt you to 
download and/or install, current updates to the software or other third party software. 
In some cases, you will not receive a separate notice before this feature takes effect. By 
installing the software, you consent to the transmission of standard computer 
information. 
 
..Notification Tool Window. The software includes a notification tool window. When connected 
to the Internet, technologies that use the notification tool window may provide information 
related to extensions and other software or services that you have installed or opted into and 
display those updates to you. For more information please see the privacy statement 
http://go.microsoft.com/fwlink/?LinkId=286720. 
 
..Really Simple Syndication (“RSS”) Feed. This software start page contains updated content that 
is supplied by means of an RSS feed online from Microsoft. 
 
..Web Content Features. Features in the software can retrieve related content from Microsoft and 
provide it to you. To provide the content, these features send to Microsoft the type of operating 
system, name and version of the software you are using, type of browser and language code of 
the device where you installed the software. Examples of these features are clip art, templates, 
online training, online assistance, help, and Appshelp. You may choose not to use these web 
content features. 
 
..Package Manager Features. For more information about these features, see the privacy 
statement available at go.microsoft.com/fwlink/?LinkId=205205. With respect to these 
package manager features, Microsoft or the third party service provider may use the computer 
information obtained through your use of these features, to improve its software and services. 
Microsoft or such third party may also share this information with others, such as hardware and 
software vendors that may use the information to improve how their products run with 
Microsoft software. 
 
..Open Data Protocol (OData) Service. The Microsoft NuGet-Based Package Manager and 
the package manager feature of Microsoft ASP.NET Web Pages will access a list of 
packages made available by Microsoft and third party service providers that is accessed 
by means of an OData service online located at 
go.microsoft.com/fwlink/?LinkID=206669. You may change the feed URL that the 
package manager feature initially points to at any time at your discretion. 
 
..Digital Certificates. The software uses digital certificates. These digital certificates confirm the 
 

identity of Internet users sending X.509 standard encrypted information. They also can be used 
to digitally sign files and macros to verify the integrity and origin of the file contents. The 
software retrieves certificates and updates certificate revocation lists using the Internet, when 
available. 
 
Misuse of Internet-based Services. You may not use these services in any way that could harm 
them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized 
access to any service, data, account or network by any means. 
 
b. Computer Information. The following features use Internet protocols, which send to the 
appropriate systems computer information, such as your Internet protocol address, the type of 
operating system, browser and name and version of the software you are using, and the language 
code of the device where you installed the software. Microsoft uses this information to make the 
Internet-based services available to you. 
 
..Visual Studio Experience Improvement Program. This software uses the Visual Studio Experience 
Improvement Program (“VSEIP”) which is on by default. VSEIP helps Microsoft collect information 
about problems that you have while using the software. Microsoft also uses VSEIP Information to 
improve its software and services. Microsoft may also share VSEIP data with others, such as agents 
acting on Microsoft’s behalf and hardware and software vendors to improve how their products run 
with Microsoft software. To learn more about VSEIP, including how you can opt out, see 
go.microsoft.com/fwlink/?LinkId=286720. 
 
..Data Collected Automatically. Microsoft automatically collects information identifying your installed 
Microsoft product, the operating system of the device, the CPU architecture of the operating system 
and data regarding the success or failure of the installation of the software, data identifying the 
cause of a crash in the product and information about the product license which is in use. Microsoft 
does not use this information to identify or contact you. For more information about privacy, see 
http://go.microsoft.com/fwlink/?LinkId=286720. 
 
c. Microsoft Accounts in Visual Studio. If you are running the software on Windows 8, Windows 
7 with sign-in assistant, or any other version of Windows that supports providing a Microsoft 
account directly to the software and you are signed into a Microsoft account in those versions of 
Windows, you may automatically be signed into the software and Visual Studio services accessed by 
the software using the same Microsoft account. This allows you to access services within the 
software and roam the software’s settings without being asked to reenter your Microsoft account 
credentials each time you start the software. For more information about signing into the software 
and the services available therein with a Microsoft account, see the privacy statement 
http://go.microsoft.com/fwlink/?LinkId=286720. 
 
d. Use of Information. Microsoft may use the computer and services information to improve its 
software and services. Microsoft may also share it with others, such as hardware and software 
vendors. They may use the information to improve how their products run with Microsoft software. 
 
6. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more 
components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing 
of those components. You may disclose the results of any benchmark test of those components, 
provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. 
Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test 
results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your 
products that compete with the applicable .NET Component, provided it complies with the same 
conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. 
 
7. OTHER INCLUDED MICROSOFT SOFTWARE COMPONENTS: 
 
..Microsoft SQL Server, Microsoft SharePoint, Windows Software Development Kit 
(Windows SDK) and Components of Microsoft Office. The software is accompanied by 
Microsoft SQL Server software, Microsoft SharePoint software, including SharePoint Windows 
 
Identity Foundation Extensions, Windows SDKs and certain components of Microsoft Office 
software, which are all licensed to you under their own terms. The license terms for these software 
components are located in the “Licenses” folder of the software installation directory. If you do not 
agree to the license terms for these software components, you may not use them. 
 
..Windows Components. The software includes Microsoft .NET Framework software, certain 
.dll’s related to Microsoft Build technologies, Windows Identity Foundation, Windows Web Services 
(WWS) for Windows 2008 and Windows Library for JavaScript components. These software 
components are part of Windows and are licensed to you under separate Windows license terms or 
as a supplement to a Windows license. The product lifecycle support and license terms for the 
applicable Windows product apply to your use of these Windows components. 
 
..Microsoft Components Provided for Use with the Software. The software includes 
compilers, languages, runtimes, environments, and other resources that enable development for 
many Microsoft platforms. As a convenience to our Visual Studio customers, the software may 
install certain Microsoft SDKs and other Microsoft components that target and support those 
platforms. These components may be licensed and supported under their own terms and policies. 
The license terms for these software components are located in the “Licenses” folder of the software 
installation directory. If you do not agree to the license terms for these software components, you 
may not use them. 
 
8. PACKAGE MANAGER AND THIRD PARTY SOFTWARE INSTALLATION FEATURES. The 
software includes the following features (each a “Feature”), each of which enables you to obtain 
software applications or packages through the Internet from other sources: Extension Manager, New 
Project Dialog, Web Platform Installer, Microsoft NuGet-Based Package Manager, and the package 
manager feature of Microsoft ASP.NET Web Pages. Those software applications and packages 
available through the Features are offered and distributed in some cases by third parties and in some 
cases by Microsoft, but each such application or package is licensed to you under its own terms. 
Microsoft is not distributing or licensing any of the third-party applications or packages to you, but 
instead, as a convenience, enables you to use the Features to access or obtain those applications or 
packages directly from the third-party application or package providers. By using the Features, you 
acknowledge and agree that: 
 
..you are obtaining the applications or packages from such third parties and under separate license 
terms applicable to each application or package (including, with respect to the package-manager 
Features, any terms applicable to software dependencies that may be included in the package). 
 
..MICROSOFT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO 
THE FEED OR GALLERY URL, ANY FEEDS OR GALLERIES FROM SUCH URL, THE 
INFORMATION CONTAINED THEREIN, OR ANY SOFTWARE APPLICATIONS OR 
PACKAGES REFERENCED IN OR ACCESSED BY YOU THROUGH SUCH FEEDS OR 
GALLERIES. MICROSOFT GRANTS YOU NO LICENSE RIGHTS FOR THIRD-PARTY 
SOFTWARE APPLICATIONS OR PACKAGES THAT ARE OBTAINED USING THE 
FEATURES. 
 
9. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to 
use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite 
this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you 
must comply with any technical limitations in the software that only allow you to use it in certain ways. 
For more information, see www.microsoft.com/licensing/userights. You may not 
 
..disclose the results of any benchmark tests of the software to any third party without Microsoft’s 
prior written approval, however, this does not apply to the Microsoft .NET Framework (see Section 
6); 
 
..work around any technical limitations in the software; 
 
..reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source 
  
code for the software except, and solely to the extent: (i) permitted by applicable law, despite this 
limitation; or (ii) required to debug changes to any libraries licensed under the GNU Lesser General 
Public License which are included with and linked to by the software; 
 
..remove, minimize, block or modify any logos, trademarks, copyright, digital watermarks, or other 
notices of Microsoft or its suppliers that are included in the software, including any content made 
available to you through the software; 
 
..share or otherwise distribute documents, text or images created using the software Data Mapping 
Services features; 
 
..make more copies of the software than specified in this agreement or allowed by applicable law, 
despite this limitation; 
 
..publish the software, including any application programming interfaces included in the software, for 
others to copy; 
 
..use the software in any way that is against the law; 
 
..rent, lease or lend the software; or 
 
..use the software for commercial software hosting services. 
 
10. BACKUP COPY. 
 
a. Media. If you acquired the software on a disc or other media, you may make one backup copy of 
the media. You may use it only to reinstall the software on your devices. 
 
b. Electronic Download. If you acquired and downloaded the software online, you may make one 
copy of the software on a disc or other media in order to install the software on your devices. You 
may also use it to reinstall the software on your devices. 
 
11. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy 
and use the documentation for your internal, reference purposes. 
 
12. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.” 
 
13. DOWNGRADE. You may install and use this version and an earlier version of the software at the same 
time. This agreement applies to your use of the earlier version. If the earlier version includes different 
components, any terms for those components in the agreement that comes with the earlier version 
apply to your use of them. Microsoft is not obligated to supply earlier versions to you. You are not 
entitled to use the earlier version if you have acquired a non-perpetual license or if your license is Not for 
Resale. 
 
14. PROOF OF LICENSE. If you acquired the software on a disc or other media, your proof of license is the 
genuine Microsoft certificate of authenticity label with the accompanying genuine product key and your 
proof of purchase. If you purchased and downloaded the software online, your proof of license is the 
genuine Microsoft product key for the software which you received with your purchase and your proof 
of purchase from an authorized electronic supplier of genuine Microsoft software. Proof of purchase may 
be subject to verification by your merchant’s records. To identify genuine Microsoft software, see 
www.howtotell.com. 
 
15. TRANSFER TO A THIRD PARTY. The first licensee of the software may transfer it and this license 
agreement directly to another party. Before the transfer, that party must agree that this agreement 
applies to the transfer and use of the software. The transfer must include the software, genuine 
Microsoft product key, and (if applicable) the Proof of License label. The first licensee must uninstall all 
copies of the software before transferring it separately from the device. The first licensee may not retain 
any copies of the genuine Microsoft product key to be transferred, and may only retain copies of the 
software if otherwise licensed to do so. If you have acquired a non-perpetual license to use 
the software or if the software is marked Not for Resale you may not transfer the software 
or the software license agreement to another party. 
  
16. NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, AND THE VC-1 VIDEO STANDARD. 
This software may include H.264/MPEG-4 AVC and/or VC-1 decoding technology. MPEG LA, L.L.C. 
requires this notice: 
 
THIS PRODUCT IS LICENSED UNDER THE H.264/AVC AND THE VC-1 PATENT PORTFOLIO LICENSES 
FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN 
COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, AND 
VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND 
NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO 
PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF 
WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE 
IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE 
OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM. 
 
For clarification purposes, this notice does not limit or inhibit the use of the software for normal business 
uses that are personal to that business which do not include (i) redistribution of the decoding technology 
to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for 
distribution to third parties. 
 
17. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You 
must comply with all domestic and international export laws and regulations that apply to the software. 
These laws include restrictions on destinations, end users and end use. For additional information, see 
www.microsoft.com/exporting. 
 
18. SUPPORT SERVICES. Microsoft provides support services for the software as described at 
www.support.microsoft.com/common/international.aspx. 
 
19. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for 
supplements, updates, Internet-based services and support services that you use, are the entire 
agreement for the software and support services. 
 
20. APPLICABLE LAW. 
 
a. United States. If you acquired the software in the United States, Washington state law governs 
the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of 
laws principles. The laws of the state where you live govern all other claims, including claims under 
state consumer protection laws, unfair competition laws, and in tort. 
 
b. Outside the United States. If you acquired the software in any other country, the laws of that 
country apply. 
 
21. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the 
laws of your state or country. You may also have rights with respect to the party from whom you 
acquired the software. This agreement does not change your rights under the laws of your state or 
country if the laws of your state or country do not permit it to do so. 
 
22. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT 
AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE 
SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING 
CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. 
 
This limitation applies to 
 
..anything related to the software, services, content (including code) on third party Internet sites, or 
third party programs; and 
 
..claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, 
or other tort to the extent permitted by applicable law. 
 
It also applies even if 
  
..repair, replacement or a refund for the software does not fully compensate you for any losses; or 
 
..Microsoft knew or should have known about the possibility of the damages. 
 
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the 
above limitation or exclusion may not apply to you. They also may not apply to you because your country 
may not allow the exclusion or limitation of incidental, consequential or other damages. 
 

************************************************************************ 
 
LIMITED WARRANTY 
 
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as 
described in the Microsoft materials that you receive in or with the software. 
 
References to “limited warranty” are references to the express warranty provided by Microsoft. This 
warranty is given in addition to other rights and remedies you may have under law, including your rights 
and remedies in accordance with the statutory guarantees under local Consumer Law. 
 
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. 
THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY 
THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT 
SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE 
WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the 
remainder of the warranty will apply to the recipient. 
 
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR 
CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do 
not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. 
They also might not apply to you because some countries may not allow limitations on how long an 
implied warranty, guarantee or condition lasts. 
 
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or 
failures to act), the acts of others, or events beyond Microsoft’s reasonable control. 
 
D. REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE 
SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT 
WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL 
ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT 
NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE 
AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND 
RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF 
OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF 
THE LIMITED WARRANTY. 
 
E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS 
UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE. 
 
F. WARRANTY PROCEDURES. You need proof of purchase for warranty service. 
 
1. United States and Canada. For warranty service or information about how to obtain a refund for 
software acquired in the United States and Canada, contact Microsoft at 
 
..(800) MICROSOFT; 
 
..Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or 
 
..visit www.microsoft.com/info/nareturns.htm. 
 
2. Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or 
Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this 
warranty, you should contact either 
 
..Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, 
Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or 
 
..the Microsoft affiliate serving your country (see www.microsoft.com/worldwide). 
 
3. Australia. If you acquired the software in Australia, contact Microsoft to make a claim at 
 

..13 20 58; or 
 
..Microsoft Pty Ltd, 1 Epping Road, North Ryde NSW 2113, Australia. 
 
4. Outside United States, Canada, Europe, Middle East, Africa and Australia. If you acquired 
the software outside the United States, Canada, Europe, the Middle East, Africa and Australia, 
contact the Microsoft affiliate serving your country (see www.microsoft.com/worldwide). 
 
G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY 
FROM MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES 
OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES 
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE 
AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or 
conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty 
clause above, to the extent permitted by your local laws. 
 
FOR AUSTRALIA ONLY. In this paragraph, “goods” refers to the software for which Microsoft 
provides the express warranty. Our goods come with guarantees that cannot be excluded under the 
Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 
compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the 
goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount 
to a major failure. Goods presented for repair may be replaced by refurbished goods of the same type 
rather than being replaced. Refurbished parts may be used to repair the goods. 
 
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE 
LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF 
THIS LIMITED WARRANTY. 
 
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER 
RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH 
VARY FROM COUNTRY TO COUNTRY. 
 
EULAID: VS2013_RTM_PRO.1_ENU 

-------------------------------------------------
SOFTWARE: Microsoft Visual Studio 2012
Intel IBL Microsoft Visual Studio Professional 2012 and Trial Edition
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL STUDIO PROFESSIONAL 2012 AND TRIAL EDITION

These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply. 
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft’s refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm.
AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, VALIDATION AND FOR INTERNET-BASED SERVICES.
_________________________________________________________________________________________ 
TRIAL USE RIGHTS and CONVERSION for Microsoft Visual Studio Professional 2012 Trial Edition.  If the software is a trial edition, then this Section applies to you.  You may install and use any number of copies of the trial software on your devices.  You may only use the trial software for internal evaluation purposes.  
You may convert your trial rights at any time to the full rights described in the rest of these license terms by purchasing a commercial license and obtaining a product key from Microsoft or one of its distributors. Your rights to use the trial software are limited to thirty (30) days but you may extend your use rights another sixty (60) days by registering the software.  This will enable you to use the trial software for a total of ninety (90) days.  During this time you may purchase a commercial license to continue using the software past the ninety (90) day trial period.  After the expiration of the trial period, without conversion, the trial software will stop running. 
Sections 1–4, 11–16, 19, 23 and Limited Warranty do not apply.  The remaining sections below apply.
Disclaimer of Warranty.  The software is licensed “as-is.”  You bear the risk of using it.  Microsoft gives no express warranties, guarantees or conditions.  You may have additional consumer rights under your local laws which this agreement cannot change.  To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Because this software is “as is,” we may not provide support services for it.
Limitation on and Exclusion of Remedies and Damages.  You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00.  You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages.  The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
When you acquire the retail license of the software named above, all of the license terms below apply.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.
1.   OVERVIEW.
a.   Software. The software includes development tools, software programs and documentation.
b.   License Model. The software is licensed on a per user basis.
2.   INSTALLATION AND USE RIGHTS.
a.   General.  One user may install and use copies of the software to design, develop, test and demonstrate your programs.   You may not use the software on a server in a production environment.
b.   Product Keys.  The software requires a key to install or access it.  You are responsible for the use of keys assigned to you.  You should not share the keys with third parties.
3.   ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a.   Separation of Components.  The components of the software are licensed as a single unit. You may not separate the components and install them on different devices except as otherwise stated in this agreement.
b.   Utilities.  The software contains certain components that are identified in the Utilities List located at go.microsoft.com/fwlink/?LinkId=247624.  Depending on the specific edition of the software, the number of Utility files you receive with the software may not be equal to the number of Utilities listed in the Utilities List.  You may copy and install the Utilities you receive with the software on to other third party machines.  These Utilities may only be used to debug and deploy your programs and databases you have developed with the software.  You must delete all the Utilities installed onto a third party machine within the earlier of (i) when you have finished debugging or deploying your programs; or (ii) thirty (30) days after installation of the Utilities onto that machine.
c.   Build Server.  The software contains certain components that are identified in the Build Server List located at go.microsoft.com/fwlink/?LinkId=247624.  You may install copies of the files listed in it, onto your build machines, solely for the purpose of compiling, building, verifying and archiving your programs. 
d.   Font Components.  While the software is running, you may use its fonts to display and print content. You may only
embed fonts in content as permitted by the embedding restrictions in the fonts; and
temporarily download them to a printer or other output device to help print content.
e.   Bing Maps.  The software may include features that retrieve content such as maps, images and other data through the Bing Maps (or successor branded) application programming interface (the “Bing Maps API”) to create reports displaying data on top of maps, aerial and hybrid imagery. If these features are included, you may use these features to create and view dynamic or static documents only in conjunction with and through methods and means of access integrated in the software. You may not otherwise copy, store, archive, or create a database of the content available through the Bing Maps API. You may not use the Bing Maps API to provide sensor based guidance/routing, nor use any Road Traffic Data or Bird’s Eye Imagery (or associated metadata) even if available through the Bing Maps API for any purpose. Your use of the Bing Maps API and associated content is also subject to the additional terms and conditions at go.microsoft.com/fwlink/?LinkId=21969.
f.    Included Microsoft Programs.  These license terms apply to all Microsoft programs included with the software, except as otherwise noted in this agreement. 
g.   Third Party Programs and Notices.  The software includes third party code.  The PreEmptive Solutions, LLC., Dotfuscator and Analytics products are licensed to you under their own license terms and not by Microsoft.  Other third party code included in the software is licensed to you by Microsoft under this license agreement, rather than licensed to you by any third party under some other license terms.  Notices, if any, for this third party code are included with the software and may also be found in the ThirdPartyNotices.txt file.
4.   DISTRIBUTABLE CODE. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
a.   Right to Use and Distribute. The code and text files listed below are “Distributable Code.”
REDIST.TXT Files. You may copy and distribute the object code form of code listed on the REDIST list located at go.microsoft.com/fwlink/?LinkId=247624.
Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample.”
Icons. You may copy and distribute the icons in the Image Library as described in the software documentation.
Image Library. You may copy and distribute images and animations in the Image Library as described in the software documentation. You may also modify that content. If you modify the content, it must be for use that is consistent with the permitted use of the unmodified content.
Blend Site Templates for Visual Studio 2012. The software contains code marked as “site templates” that you are permitted to use along with your content.  You may copy, modify, deploy and distribute the source and object code form of these site templates.
Blend Fonts for Visual Studio 2012. You may distribute unmodified copies of the Buxton Sketch font, SketchFlow Print font and SegoeMarker font.
Blend Styles for Visual Studio 2012. You may copy, modify and distribute the object code form of code identified as “Sketch” or "Simple" Styles.
Silverlight 5 SDK Libraries. You may copy and distribute the object code form of code marked as “Silverlight Libraries”, “Client Libraries” and “Server Libraries.”
ASP.NET MVC and Web Tooling Extensions .js Files. You may modify, copy and distribute or deploy any .js files contained in the ASP.NET Model View Controller or in the Web Tooling Extensions as part of your ASP.NET programs.
Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
b.   Distribution Requirements. For any Distributable Code you distribute, you must:
add significant primary functionality to it in your programs;
for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program;
distribute Distributable Code included in a setup program only as part of that setup program without modification;
require distributors and external end users to agree to terms that protect it at least as much as this agreement;
display your valid copyright notice on your programs; and
indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
c.   Distribution Restrictions. You may not:
alter any copyright, trademark or patent notice in the Distributable Code;
use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than Microsoft operating systems,  run-time technologies or application platforms;
include Distributable Code in malicious, deceptive or unlawful programs; or
modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
the code be disclosed or distributed in source code form; or
others have the right to modify it.
d.   Windows Library for JavaScript.  The software includes the Windows Library for JavaScript.  In addition to the other provisions of this section, “Distributable Code”, the following also applies to your programs that work in conjunction with the Windows Library for JavaScript.  The Windows Library for JavaScript files help your programs implement the Windows design template and UI look and feel.  You may copy and use these files, without modification, in your programs that you develop for your internal use or in programs that you develop and distribute to third parties.  Distribution of your programs containing the Windows Library for JavaScript files is limited solely to the Windows Store.  You understand and agree such distribution of your programs is subject to the Windows Store developer terms and terms of use.  
5.   INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. 
a.   Consent for Internet-Based Services. The software features described below and in the Visual Studio 2012 Privacy Statement connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off these features or not use them. For more information about these features, see go.microsoft.com/fwlink/?LinkId=248251. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you.
Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you.
Microsoft Digital Rights Management for Silverlight.  If you use the software to access content that has been protected with Microsoft Digital Rights Management (DRM), then, in order to let you play the content, the Silverlight software may automatically request media usage rights from a rights server on the Internet and download and install available DRM Updates.  For more information, see go.microsoft.com/fwlink/?LinkId=217109.
Customer Experience Improvement Program. This software uses the Customer Experience Improvement Program (“CEIP”). CEIP automatically sends Microsoft information identifying the installed Microsoft product, the operating system of the device, the CPU architecture of the operating system and data regarding the success or failure of the installation of the software.  Microsoft does not use this information to identify or contact you. CEIP helps Microsoft collect information about problems that you have while using the software. To learn more about CEIP, see go.microsoft.com/fwlink/?LinkId=248251.  
Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. They also can be used to digitally sign files and macros to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists using the Internet, when available.
Extension Manager and New Project Dialog.   Extension Manager and New Project Dialog can retrieve other software through the Internet from Visual Studio Gallery and MSDN Samples websites.  To provide this other software, the Extension Manager and New Project Dialog send to Microsoft the name and version of the software you are using and language code of the device where you installed the software.  In addition, Extension Manager contains an automatic update feature that is on by default.  For more information about this feature, including instructions for to turning it off, see go.microsoft.com/fwlink/?LinkId=248251.  You may turn off this automatic update feature while the software is running (“opt out”).  Unless you expressly opt out of this feature, this feature will (a) connect to Microsoft or service provider computer systems over the Internet, (b) use Internet protocols to send to the appropriate systems standard computer information, such as your computer’s Internet protocol address, operating system, the name and version of the software you are using and language code of the device where you installed the software, and (c) prompt you to download and/or install, current updates to Visual Studio or other third party software.  In some cases, you will not receive a separate notice before this feature takes effect.  By installing the software, you consent to the transmission of standard computer information.   
Really Simple Syndication (“RSS”) Feed. This software start page contains updated content that is supplied by means of an RSS feed online from Microsoft.
Web Content Features. Features in the software can retrieve related content from Microsoft and provide it to you. To provide the content, these features send to Microsoft the type of operating system, name and version of the software you are using, type of browser and language code of the device where you installed the software. Examples of these features are clip art, templates, online training, online assistance, help and Appshelp. You may choose not to use these web content features.
Package Manager Features.  For more information about these features, see the privacy statement available at go.microsoft.com/fwlink/?LinkId=205205.  With respect to these package manager features, we or the third party service provider may use the computer information obtained through your use of these features, to improve our or their software and services. We or they may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software.
o  Open Data Protocol (OData) Service. The Microsoft NuGet-Based Package Manager and the package manager feature of Microsoft ASP.NET Web Pages will access a list of packages that is supplied by means of an OData service online from Microsoft or a third-party service provider, located at go.microsoft.com/fwlink/?LinkID=206669.  You may change the feed URL that the package manager feature initially points to at any time at your discretion.
b.   Use of Information. We may use the computer information, and CEIP information, to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software.
c.   Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
6.   MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406.  Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406.
7.   OTHER WINDOWS COMPONENTS.  The software contains Microsoft .NET Framework software; certain .dll’s related to Microsoft Build technologies; Microsoft Internet Information Services (IIS) Express; and Windows Library for JavaScript components.  These software components are part of Windows.  The license terms for Windows apply to your use of these Windows components.
8.   SQL SERVER SOFTWARE and Windows Software Development Kit (Windows SDK).  The software is also accompanied by Microsoft SQL Server Software and Windows SDK which are licensed to you under their own terms.  The license terms for the SQL Server Software and Windows SDK are located in the “Licenses” folder of the software installation directory.  If you do not agree to the components' license terms, you may not use them.
9.   PACKAGE MANAGER AND THIRD PARTY SOFTWARE INSTALLATION FEATURES. The software includes the following features (each a “Feature”), each of which enables you to obtain software applications or packages through the Internet from other sources:  Extension Manager, New Project Dialog, Web Platform Installer, Microsoft NuGet-Based Package Manager, and the package manager feature of Microsoft ASP.NET Web Pages.  Those software applications and packages are offered and distributed in some cases by third parties and in some cases by Microsoft, but each such application or package is under its own license terms.  Microsoft is not developing, distributing or licensing any of the third-party applications or packages to you, but instead, as a convenience, enables you to use the Features to access or obtain those applications or packages directly from the third-party application or package providers.  By using the Features, you acknowledge and agree that:
you are obtaining the applications or packages from such third parties and under separate license terms applicable to each application or package (including, with respect to the package-manager Features, any terms applicable to software dependencies that may be included in the package);
that it is your responsibility to locate, understand and comply with all applicable license terms for each such application or package; and
with respect to the package-manager Features, this includes your responsibility to follow the package source (feed) URL or by reviewing the packages for embedded notices or license terms.  
Microsoft makes no representations, warranties or guarantees as to the feed or gallery URL, any feeds or galleries from such URL, the information contained therein, or any software applications or packages referenced in or accessed by you through such feeds or galleries.  Microsoft grants you no license rights for third-party software applications or packages that are obtained using the Features.
10. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see www.microsoft.com/licensing/userights. You may not
disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval, however, this does not apply to the Microsoft .NET Framework (see Section 6);
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
remove, minimize, block or modify any logos, trademarks, copyright, digital watermarks, or other notices of Microsoft or its suppliers that are included in the software, including any content made available to you through the software;
share or otherwise distribute documents, text or images created using the software Data Mapping Services features;
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the software, including any application programming interfaces included in the software, for others to copy;
use the software in any way that is against the law;
rent, lease or lend the software; or
use the software for commercial software hosting services.
11. BACKUP COPY.
a.   Media. If you acquired the software on a disc or other media, you may make one backup copy of the media. You may use it only to reinstall the software on your devices.
b.   Electronic Download. If you acquired and downloaded the software online, you may make one copy of the software on a disc or other media in order to install the software on your devices. You may also use it to reinstall the software on your devices.
12. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
13. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”
14. DOWNGRADE. You may install and use this version and an earlier version of the software at the same time. This agreement applies to your use of the earlier version. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of them. Microsoft is not obligated to supply earlier versions to you. 
15. PROOF OF LICENSE. If you acquired the software on a disc or other media, your proof of license is the genuine Microsoft certificate of authenticity label with the accompanying genuine product key and your proof of purchase. If you purchased and downloaded the software online, your proof of license is the genuine Microsoft product key for the software which you received with your purchase and your proof of purchase from an authorized electronic supplier of genuine Microsoft software. Proof of purchase may be subject to verification by your merchant’s records. To identify genuine Microsoft software, see www.howtotell.com.
16. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this agreement directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The transfer must include the software and the Proof of License label. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.
17. NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, AND THE VC-1 VIDEO STANDARD. This software may include H.264/MPEG-4 AVC and/or VC-1 decoding technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM.
For clarification purposes, this notice does not limit or inhibit the use of the software for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties.
18. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
19. SUPPORT SERVICES. Microsoft provides support services for the software as described at www.support.microsoft.com/common/international.aspx.
20. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
21. APPLICABLE LAW.
a.   United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b.   Outside the United States. If you acquired the software in any other country, the laws of that country apply.
22. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
23. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
repair, replacement or a refund for the software does not fully compensate you for any losses; or
Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

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LIMITED WARRANTY
A.   LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software.
References to “limited warranty” are references to the express warranty provided by Microsoft. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under local Consumer Law.
B.   TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient.
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C.   EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.
D.   REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
E.   CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
F.   WARRANTY PROCEDURES. You need proof of purchase for warranty service.
1.   United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at
(800) MICROSOFT;
Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
visit www.microsoft.com/info/nareturns.htm.
2.   Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either
Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or
the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
3.   Australia. If you acquired the software in Australia, contact Microsoft to make a claim at
13 20 58; or
Microsoft Pty Ltd, 1 Epping Road, North Ryde NSW 2113, Australia.
4.   Outside United States, Canada, Europe, Middle East, Africa and Australia. If you acquired the software outside the United States, Canada, Europe, the Middle East, Africa and Australia, contact the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
G.   NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
FOR AUSTRALIA ONLY. In this paragraph, “goods” refers to the software for which Microsoft provides the express warranty. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Goods presented for repair may be replaced by refurbished goods of the same type rather than being replaced. Refurbished parts may be used to repair the goods.
H.   LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.

EULAID:VS2012_RTM_PRO.1_ENU
-------------------------------------------------

SOFTWARE: Visual Studio Autogenerated Code
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL STUDIO 2008 PROFESSIONAL EDITION AND TRIAL EDITION
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft 
updates, 
supplements, 
Internet-based services, and 
support services
for this software, unless other terms accompany those items. If so, those terms apply. 
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft's refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm. 
AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.

IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE. 
OVERVIEW.

Software.  The software includes development tools, software programs and documentation. 

License Model.  The software is licensed on a per user basis.

INSTALLATION AND USE RIGHTS.

General.  One user may install and use copies of the software to design, develop, test and demonstrate your programs. Testing does not include staging on a server in a production environment, such as loading content prior to production use. 

Included Microsoft Programs.  These license terms apply to all Microsoft programs included with the software. If the license terms with any of those programs give you other rights that do not expressly conflict with these license terms, you also have those rights. 

Third Party Programs.  The software contains third party programs. The license terms with those programs apply to your use of them.

ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.

User Testing.  Your end users may access the software to perform acceptance tests on your programs. 

Windows Server Terminal Services.  Up to 200 anonymous users at a time may use the Terminal Services feature of the Windows Server software to access Internet demonstrations of your programs. Your demonstration must not use production data. 

Utilities.  The software contains certain components that are identified in the Utilities List located at http://go.microsoft.com/fwlink/?LinkId=100284. Depending on the specific edition of the software, the number of Utility files you receive with the software may not be equal to the number of Utilities listed in the Utilities List. You may copy and install the Utilities you receive with the software on to a total of five (5) machines at any one time. You may use these Utilities only to debug your programs you've developed with the software. You must delete all the Utilities installed onto a machine within the earlier of 
when you have finished debugging your program; or 
thirty (30) days after installation of the Utilities onto that machine.

Distributable Code.  The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.

Right to Use and Distribute.  The code and text files listed below are "Distributable Code."

REDIST.TXT Files.  You may copy and distribute the object code form of code listed in REDIST.TXT files, plus any files listed on the REDIST list located at: http://go.microsoft.com/fwlink/?LinkID=100327&clcid=0x409. 

Sample Code.  You may modify, copy, and distribute the source and object code form of code marked as "sample." 

Microsoft Merge Modules.  You may copy and distribute the unmodified output of Microsoft Merge Modules. 

MFCs, ATLs and CRTs.  You may modify the source code form of Microsoft Foundation Classes (MFCs), Active Template Libraries (ATLs), and C runtimes (CRTs) to design, develop and test your programs, and copy and distribute the object code form of your modified files under a new name. 

Image Library.  You may copy and distribute images and animations in the Image Library as described in the software documentation. You may also modify that content. If you modify the content, it must be for use that is consistent with the permitted use of the unmodified content. 

Third Party Distribution.  You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.

Distribution Requirements.  For any Distributable Code you distribute, you must

add significant primary functionality to it in your programs; 

for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program; 

distribute Distributable Code included in a setup program only as part of that setup program without modification; 

require distributors and external end users to agree to terms that protect it at least as much as this agreement; 

display your valid copyright notice on your programs; and 

indemnify, defend, and hold harmless Microsoft from any claims, including attorneys' fees, related to the distribution or use of your programs.

Distribution Restrictions.  You may not

alter any copyright, trademark or patent notice in the Distributable Code; 

use Microsoft's trademarks in your programs' names or in a way that suggests your programs come from or are endorsed by Microsoft; 

distribute Distributable Code to run on a platform other than Microsoft operating systems, run-time technologies or application platforms; 

include Distributable Code in malicious, deceptive or unlawful programs; or 

modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that

the code be disclosed or distributed in source code form; or 

others have the right to modify it.

INTERNET-BASED SERVICES.  Microsoft provides Internet-based services with the software. It may change or cancel them at any time.

Consent for Internet-Based Services.  The software features described below connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you. 
Computer Information.  The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you. 
Windows Update Feature.  You may connect new hardware to the device where you installed the software. Your device may not have the drivers needed to communicate with that hardware. If so, the update feature of the software can obtain the correct driver from Microsoft and install it on your device. You can switch off this update feature. 

Web Content Features.  Features in the software can retrieve related content from Microsoft and provide it to you. To provide the content, these features send to Microsoft the type of operating system, name and version of the software you are using, type of browser and language code of the device where you installed the software. Examples of these features are clip art, templates, online training, online assistance and Appshelp. You may choose not to use these web content features. 

Real Simple Syndication ("RSS") Feed.  This software start page contains updated content that is supplied by means of an RSS feed online from Microsoft.

Misuse of Internet-based Services.  You may not use these services in any way that could harm them or impair anyone else's use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.

TRIAL EDITION SOFTWARE TERMS.  The following terms apply to the Trial Edition software even if there are terms to the contrary in other parts of this agreement:

TIME-SENSITIVE SOFTWARE.  If the version of the software is a Trial Edition, the software will stop running ninety days after you install it. You will receive notice before it stops running. You may not be able to access data used with the software when it stops running. 

DISCLAIMER OF WARRANTY.  THE TRIAL EDITION SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.  FOR THE TRIAL EDITION SOFTWARE, YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. 
This limitation applies to

anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and 

claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

PRODUCT KEYS.  The software requires a key to install or access it. You are responsible for the use of keys assigned to you. You should not share the keys with third parties. 

SQL SERVER BENCHMARK TESTING.  You must obtain Microsoft's prior written approval to disclose to a third party the results of any benchmark test of the SQL Server software that accompanies this software. 

.NET FRAMEWORK SOFTWARE.  The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software. 

MICROSOFT .NET FRAMEWORK BENCHMARK TESTING.  The software includes the .NET Framework component of the Windows operating systems (".NET Component"). You may conduct internal benchmark testing of the .NET Component. You may disclose the results of any benchmark test of the .NET Component, provided that you comply with the following terms: 
you must disclose all the information necessary for replication of the tests, including complete and accurate details of your benchmark testing methodology, the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for you and used to test both the .NET Component and the competing implementation(s); 
you must disclose the date (s) that you conducted the benchmark tests, along with specific version information for all Microsoft software products tested, including the .NET Component; 
your benchmark testing was performed using all performance tuning and best practice guidance set forth in the product documentation and/or on Microsoft's support web sites, and uses the latest updates, patches and fixes available for the .NET Component and the relevant Microsoft operating system; 
it shall be sufficient if you make the disclosures provided for above at a publicly available location such as a website, so long as every public disclosure of the results of your benchmark test expressly identifies the public site containing all required disclosures; and 
nothing in this provision shall be deemed to waive any other right that you may have to conduct benchmark testing.
The foregoing obligations shall not apply to your disclosure of the results of any customized benchmark test of the .NET Component, whereby such disclosure is made under confidentiality in conjunction with a bid request by a prospective customer, such customer's application(s) are specifically tested and the results are only disclosed to such specific customer. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the .NET Component, provided it complies with the same conditions above. 

SCOPE OF LICENSE.  The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see www.microsoft.com/licensing/userights. You may not

work around any technical limitations in the software; 

reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; 

make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; 

publish the software for others to copy; 

rent, lease or lend the software; or 

use the software for commercial software hosting services.

WINDOWS MOBILE COMPONENTS.

You may only use the Windows Mobile components located in the "\Program Files\Windows Mobile 5.0 SDK R2\" directory to create programs that run on Windows Mobile 5.0 software for Pocket PC or Windows Mobile 5.0 software for the Smartphone. 

Program Application and Driver Limitations.  You may not use or include any of the Windows Mobile components located in the "\Program Files\Windows Mobile 5.0 SDK R2\" directory, nor any components thereof, in the development of any program application, device or system in which a malfunction would result in a foreseeable risk of personal injury, death or severe physical or environmental damage.

BACKUP COPY.  You may make one backup copy of the software. You may use it only to reinstall the software. 

DOCUMENTATION.  Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 

NOT FOR RESALE SOFTWARE.  You may not sell software marked as "NFR" or "Not for Resale." 

ACADEMIC EDITION SOFTWARE.  You must be a "Qualified Educational User" to use software marked as "Academic Edition" or "AE." If you do not know whether you are a Qualified Educational User, visit www.microsoft.com/education or contact the Microsoft affiliate serving your country. 

UPGRADE.  If this software is marked as an upgrade version, you may use it only if you have a license to use the software eligible for upgrade. If you upgrade, this software takes the place of the earlier version, and this agreement takes the place of the agreement for that earlier version. You may use the earlier version only as permitted in the Downgrade clause below. 

DOWNGRADE.  You may install and use this version and an earlier version of the software at the same time. This agreement applies to your use of the earlier version. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of them. Microsoft is not obligated to supply earlier versions to you. 

TRANSFER TO A THIRD PARTY.  The first user of the software may transfer it, and this agreement, directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies. 

EXPORT RESTRICTIONS.  The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 

SUPPORT SERVICES.  Microsoft provides support services for the software as described at www.support.microsoft.com/common/international.aspx. 

ENTIRE AGREEMENT.  This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 

APPLICABLE LAW.

United States.  If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. 

Outside the United States.  If you acquired the software in any other country, the laws of that country apply.

LEGAL EFFECT.  This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. 

LIMITATION ON AND EXCLUSION OF DAMAGES.  YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. 
This limitation applies to

anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and 

claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if

repair, replacement or a refund for the software does not fully compensate you for any losses; or 

Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. 
 

**************************************************************************************

LIMITED WARRANTY
LIMITED WARRANTY.  If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software. 

TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES.   THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient.
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts. 

EXCLUSIONS FROM WARRANTY.  This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft's reasonable control. 

REMEDY FOR BREACH OF WARRANTY.  MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY. 

CONSUMER RIGHTS NOT AFFECTED.  YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE. 

WARRANTY PROCEDURES.  You need proof of purchase for warranty service.

United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at

(800) MICROSOFT; 

Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or 

visit www.microsoft.com/info/nareturns.htm.

Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either

Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or 

the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).

Outside United States, Canada, Europe, Middle East and Africa. If you acquired the software outside the United States, Canada, Europe, the Middle East and Africa, contact the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).

NO OTHER WARRANTIES.  THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws. 

LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY.  THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY. 

-------------------------------------------------
SOFTWARE:  Microsoft Visual Studio 2010
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL STUDIO 2010 ULTIMATE AND TRIAL EDITION
 
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you.  Please read them.  They apply to the software named above, which includes the media on which you received it, if any.  The terms also apply to any Microsoft
•             updates, 
•             supplements, 
•             Internet-based services, and
•             support services
for this software, unless other terms accompany those items.  If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.  IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.  INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT.  If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft’s refund policies.  See www.microsoft.com/worldwide.  In the United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm.
AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.
                
TRIAL USE RIGHTS and CONVERSION for Visual Studio 2010 Ultimate Trial Edition.  If the software is a trial edition, then this Section applies to you.  You may install and use any number of copies of the trial software on your devices.  You may only use the trial software for internal evaluation purposes.  For example, your trial rights do not include the right to deploy or distribute any programs you design or develop with the software for use in a production environment, except that you may deploy your programs internally solely to evaluate the software.  You may convert your trial rights at any time to the full rights described in the rest of these license terms by purchasing a commercial license and obtaining a product key from Microsoft or one of its distributors.  Your rights to use the trial software are limited to ninety (90) days.  The trial software will present conversion options to you thirty (30) days after you install the trial software.  At that time you may either request an additional 60-day trial period extension or purchase a commercial license to continue using the software.   After the expiration of the 90-day trial period, without conversion, the trial software will stop running. 
•             Sections 1-3, 10 - 13, 15, 16, 19 and Limited Warranty do not apply.  The remaining sections below apply.
•             Disclaimer of Warranty.  The software is licensed “as-is.”  You bear the risk of using it.  Microsoft gives no express warranties, guarantees or conditions.  You may have additional consumer rights under your local laws which this agreement cannot change.  To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
•             Because this software is “as is,” we may not provide support services for it.
•             Limitation on and Exclusion of Remedies and Damages.  You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00.  You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
•             anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
•             claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages.  The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
When you acquire the retail license of the software named above, all of the license terms below apply.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.
1.            OVERVIEW.
a.            Software.  The software includes development tools, software programs and documentation.
b.            License Model.  The software is licensed on a per user basis.
2.            INSTALLATION AND USE RIGHTS.
a.            General.  One user may install and use copies of the software to design, develop, test and demonstrate your programs.   You may not use the software on a server in a production environment.    
b.            Included Microsoft Programs.   The software contains other Microsoft programs.  These license terms apply to your use of those programs, except for those Microsoft programs identified in Sections 6, 7 and 8, which are governed by their own license terms.
c.             Third Party Programs.  The software contains third party programs.  If other terms come with those third party programs, those terms determine your rights to use it and any other related rights or remedies you have.
d.            Product Keys.  The software requires a key to install or access it.  You are responsible for the use of keys assigned to you.  You should not share the keys with third parties.
3.            ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a.            User Testing.  Your end users may access the software to perform acceptance tests on your programs.
b.            Visual Studio Load Test Virtual Users.  The software includes capacity for two hundred fifty (250) load test virtual users for local load testing purposes only.  
c.             Visual Studio Lab Management 2010.  The software contains features to work with lab management functionality.  To enable these features other license terms and fees may apply.
d.            Microsoft Office User Interface.  These license terms grant you no rights to make, copy, use or distribute any elements of the Microsoft Office user interface such as the ribbon and quick access toolbar, the license terms for which are available separately.  To learn more about the Office user interface licensing program, please visit http://msdn.microsoft.com/officeui.
e.            Utilities.  The software contains certain components that are identified in the Utilities List located at http://go.microsoft.com/fwlink/?LinkId=165518.  Depending on the specific edition of the software, the number of Utility files you receive with the software may not be equal to the number of Utilities listed in the Utilities List.  You may copy and install the Utilities you receive with the software on to other machines, and these Utilities may only be used to debug and deploy your programs and databases you have developed with the software.  You must delete all the Utilities installed onto a machine within the earlier of (i) when you have finished debugging or deploying your programs; or (ii) thirty (30) days after installation of the Utilities onto that machine.
f.             BUILDSERVER.TXT File.  If your version of the software contains a BUILDSERVER.TXT file you may install copies of the files listed in it, onto your build machines, solely for the purpose of compiling and building your programs.  We may list additional files at http://go.microsoft.com/fwlink/?LinkId=165518  to use for this same purpose. 
g.            Distributable Code.  The software contains code that you are permitted to distribute or deploy in programs you develop if you comply with the terms below.
i.              Right to Use and Distribute.  The code and text files listed below are “Distributable Code.”
•             REDIST.TXT Files.  You may copy and distribute the object code form of code listed in REDIST.TXT files, plus any files listed on the REDIST list located at: http://go.microsoft.com/fwlink/?LinkId=165518.
 
•             Sample Code.  You may modify, copy, and distribute the source and object code form of code marked as “sample.”  
•             Silverlight Libraries.  You may copy and distribute the object code form of code marked as “Silverlight Libraries”, Silverlight “Client Libraries” and Silverlight “Server Libraries.”
•             Microsoft Merge Modules.  You may copy and distribute the unmodified output of Microsoft Merge Modules.
•             Image Library.  You may copy and distribute images and animations in the Image Library as described in the software documentation.  You may also modify that content.  If you modify the content, it must be for use that is consistent with the permitted use of the unmodified content.
•             Third Party Distribution.  You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii.             Distribution Requirements.  For any Distributable Code you distribute, you must
•             add significant primary functionality to it in your programs;
•             for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program;
•             distribute Distributable Code included in a setup program only as part of that setup program without modification;
•             require distributors and external end users to agree to terms that protect it at least as much as this agreement;
•             display your valid copyright notice on your programs; and
•             indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii.            Distribution Restrictions.  You may not
•             alter any copyright, trademark or patent notice in the Distributable Code;
•             use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
•             distribute Distributable Code to run on a platform other than Microsoft operating systems, run-time technologies or application platforms;
•             include Distributable Code in malicious, deceptive or unlawful programs; or
•             modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License.  An Excluded License is one that requires, as a condition of use, modification or distribution, that
•             the code be disclosed or distributed in source code form; or
•             others have the right to modify it.
4.            INTERNET-BASED SERVICES.  Microsoft provides Internet-based services with the software.  It may change or cancel them at any time.
a.            Consent for Internet-Based Services.  The software features described below connect to Microsoft or service provider computer systems over the Internet.  In some cases, you will not receive a separate notice when they connect.  BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.  Microsoft does not use the information to identify or contact you.
Computer Information.  The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software.  Microsoft uses this information to make the Internet-based services available to you.
•             Web Content Features.  Features in the software can retrieve related content from Microsoft and provide it to you.  To provide the content, these features send to Microsoft the type of operating system, name and version of the software you are using, type of browser and language code of the device where you installed the software.  Examples of these features are clip art, templates, online training, online assistance and Appshelp.  You may choose not to use these web content features.
•             Extension Manager.  The Extension Manager can retrieve other software through the internet from the Visual Studio Gallery website.  To provide this other software, the Extension Manager sends to Microsoft the name and version of the software you are using and language code of the device where you installed the software.   This other software is provided by third parties to Visual Studio Gallery.  It is licensed to users under terms provided by the third parties, not from Microsoft.    Read the Visual Studio Gallery terms of use for more information.
•             Real Simple Syndication (“RSS”) Feed.  This software start page contains updated content that is supplied by means of an RSS feed online from Microsoft.
b.            Misuse of Internet-based Services.  You may not use these services in any way that could harm them or impair anyone else’s use of them.  You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
5.            SILVERLIGHT 3 AND SILVERLIGHT 3 SOFTWARE DEVELOPMENT KIT
INTERNET-BASED SERVICES.  Microsoft provides Internet-based services with Silverlight.  It may change or cancel them at any time.  
a.   Automatic Updates.  Silverlight contains an Automatic Update feature that is on by default. For more information about this feature, including instructions for to turning it off, see http://go.microsoft.com/fwlink/?LinkId=147032.  You may turn off this feature while Silverlight 3 is running (“opt out”).  Unless you expressly opt out of this feature, this feature will (a) connect to Microsoft or service provider computer systems over the Internet, (b) use Internet protocols to send to the appropriate systems standard computer information, such as your computer’s Internet protocol address, the type of operating system, browser and name and version of Silverlight you are using, and the language code of the device where you installed Silverlight, and (c) automatically download and install, or prompt you to download and/or install, current Updates to Silverlight.  In some cases, you will not receive a separate notice before this feature takes effect.  By installing the software, you consent to the transmission of standard computer information and the automatic downloading and installation of Updates.
b.   Microsoft Digital Rights Management.  If you use Silverlight to access content that has been protected with Microsoft Digital Rights Management (DRM), in order to let you play the content, the software may automatically request media usage rights from a rights server on the Internet and download and install available DRM Updates.  For more information, see http://go.microsoft.com/fwlink/?LinkId=147032.
c.   NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, AND THE VC-1 VIDEO STANDARD.  Silverlight may include H.264/MPEG-4 AVC and/or VC-1decoding technology.  MPEG LA, L.L.C. requires this notice: 
THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (B) DECODE AVC AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO.  NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.  ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM .
For clarification purposes only, the Notice in this Section does not limit or inhibit the use of the software provided under this agreement for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties.
6.            LICENSE TERMS FOR MICROSOFT SQL SERVER SOFTWARE COMPONENTS.  The software is accompanied by Microsoft SQL Server software components which are licensed to you under the terms of the respective SQL Server licenses located in the “Licenses” folder in the following installation directory:  ..\Program Files\Microsoft Visual Studio 2010\Licenses.
7.            .NET FRAMEWORK SOFTWARE.  The software contains Microsoft .NET Framework software.  This software is part of Windows.  The license terms for Windows apply to your use of the .NET Framework software.
                MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406.
8.            OTHER WINDOWS COMPONENTS.  The software contains certain .dll’s related to Microsoft Build and Microsoft Web Deploy technologies.  These files are part of Windows.  The license terms for Windows apply to your use of these .dll’s.
9.            SCOPE OF LICENSE.  The software is licensed, not sold. This agreement only gives you some rights to use the software.  Microsoft reserves all other rights.  Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement.  In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.  For more information, see www.microsoft.com/licensing/userights.  You may not
•             work around any technical limitations in the software;
•             reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
•             make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
•             publish the software for others to copy;
•             rent, lease or lend the software; or
•             use the software for commercial software hosting services.
Rights to access the software on any device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access that device.
10.          BACKUP COPY.  You may make one backup copy of the software.  You may use it only to reinstall the software.
11.          DOCUMENTATION.  Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
12.          NOT FOR RESALE SOFTWARE.  You may not sell software marked as “NFR” or “Not for Resale.”
13.          TRANSFER TO A THIRD PARTY. The first user of the software may transfer it, and this agreement, directly to a third party.  Before the transfer, that party must agree that this agreement applies to the transfer and use of the software.  The first user must uninstall the software before transferring it separately from the device.  The first user may not retain any copies.
14.          EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
15.          SUPPORT SERVICES. Microsoft provides support services for the software as described at www.support.microsoft.com/common/international.aspx.  Such support will be subject to the following clarification related to jQuery and jQuery Validation.  The software may contain the jQuery javascript library and the jQuery validation javascript library, which is licensed under the MIT License.  For a copy of that license please see www.opensource.org/licenses/mit-license.php.  We do not claim to “own” jQuery or jQuery Validation.  While we offer our regular support options for the rest of the Microsoft software, the support we offer for jQuery and jQuery Validation will be as follows:
 
•             Support is for the particular jQuery and jQuery Validation code that is included in the software, and only for requests from users of the software. 
•             We will take in customer inquiries.  We will, at our option, submit bug fixes to the jQuery or jQuery Validation team on behalf of our customers.
•             Support does not include feature requests.  For feature requests, we will direct you to contact the jQuery or jQuery Validation team directly.
•             Support does not include distribution of fixes broadly, such as via a Service Level Agreement.  We may, however, provide targeted fixes to our customers on a case-by-case basis or suggest a fix so that customers can apply it at their own discretion.
•             If jQuery or jQuery Validation is discontinued as an ongoing project, then our ability to support it will also need to end at that time.  We may also choose to discontinue this support for any other reason.
 
16.          ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
17.          APPLICABLE LAW.
a.            United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b.            Outside the United States. If you acquired the software in any other country, the laws of that country apply.
18.          LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
19.          LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
 
This limitation applies to
 
•             anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
 
•             claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
 
It also applies even if
 
•             repair, replacement or a refund for the software does not fully compensate you for any losses; or
 
•             Microsoft knew or should have known about the possibility of the damages.
 
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
 
 
 
 **********************************************************************************
LIMITED WARRANTY
A.            LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software.
B.            TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient.
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C.            EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.
D.            REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
E.            CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
F.            WARRANTY PROCEDURES. You need proof of purchase for warranty service.
1.            United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at
•             (800) MICROSOFT;
•             Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
•             visit www.microsoft.com/info/nareturns.htm.
2.            Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either
•             Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or
•             the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
3.            Outside United States, Canada, Europe, Middle East and Africa. If you acquired the software outside the United States, Canada, Europe, the Middle East and Africa, contact the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
G.           NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
H.            LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.
 
-------------------------------------------------
 
SOFTWARE: Microsoft Visual Studio 2017 Product Family
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL STUDIO ENTERPRISE 2017, VISUAL STUDIO PROFESSIONAL 2017, 
VISUAL STUDIO TEST PROFESSIONAL 2017 AND TRIAL EDITION
These license terms are an agreement between you and Microsoft Corporation (or based on where you live, one of its affiliates). They apply to the software named above. The terms also apply to any Microsoft services and updates for the software, except to the extent those have different terms. 
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT. If you cannot obtain a refund there, contact Microsoft about Microsoft’s refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm. 
_________________________________________________________________________________________ 
TRIAL EDITION USE RIGHTS. If the software is a trial edition, this Section applies to your use of the trial edition. 
A.    GENERAL. You may use any number of copies of the trial edition on your devices. You may only use the trial edition for internal evaluation purposes, and only during the trial period. You may not distribute or deploy any applications you make with the trial edition to a production environment. You may run load tests of up to 250 virtual users during the trial period. 
B.    TRIAL PERIOD AND CONVERSION. The trial period lasts for 30 days after you install the trial edition, plus any permitted extension period. After the expiration of the trial period, the trial edition will stop running. You may extend the trial period an additional 90 days if you sign in to the software. You may not be able to access data used with the trial edition when it stops running. You may convert your trial rights at any time to the full-use rights described below by acquiring a valid full-use license. 
C.    Disclaimer of Warranty. The TRIAL EDITION is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
E.    SUPPORT. Because the trial edition is “as is,” we may not provide support services for it.
F.    Limitations on Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to (a) anything related to the trial version, services, content (including code) on third party Internet sites, or third party programs; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
 
FULL-USE LICENSE TERMS FOR THE SOFTWARE: When you acquire a valid license and either enter a product key or sign in to the software, the terms below apply. You may not share your product key or access credentials. 
1.    OVERVIEW.
a.    Software. The software includes development tools, applications and documentation.
b.    License Model. The software is licensed on a per user basis.
2.    USE RIGHTS.
a.    General. One user may use copies of the software on your devices to develop and test applications. This includes using copies of the software on your own internal servers that remain fully dedicated to your own use. You may not, however, separate the components of the software and run those in a production environment, or on third party devices (except as otherwise stated in this agreement), or for any purpose other than developing and testing your applications. Running the software on Microsoft Azure requires a separate license.
b.    Workloads. These license terms apply to your use of the Workloads made available to you within the software, except to the extent a Workload or a Workload component comes with different terms.
c.     Demo Use. The use permitted above includes use of the software in demonstrating your applications.
d.    Backup copy. You may make one backup copy of the software, for reinstalling the software.
3.    TERMS FOR SPECIFIC COMPONENTS.
a.    Utilities. The software contains items on the Utilities List at https://go.microsoft.com/fwlink/?linkid=823097. You may copy and install those items, if included with the software, onto your devices to debug and deploy your applications and databases you developed with the software. Please note that Utilities are designed for temporary use, that Microsoft may not be able to patch or update Utilities separately from the rest of the software, and that some Utilities by their nature may make it possible for others to access the devices on which they are installed. As a result, you should delete all Utilities you have installed after you finish debugging or deploying your applications and databases. Microsoft is not responsible for any third party use or access of Utilities you install on any device.
b.    Build Server. The software contains files on the Build Server List at https://go.microsoft.com/fwlink/?linkid=823097. You may copy and install those Build Server files, if included in the software, onto your build devices. You and others in your organization may use these files on your build devices solely to compiling, building and verifying your applications or running quality or performance tests as part of the build process. 
c.     Font Components. While the software is running, you may use its fonts to display and print content. You may only: (i) embed fonts in content as permitted by the embedding restrictions in the fonts; and (ii) temporarily download them to a printer or other output device to help print content.
d.    Licenses for Other Components.
·         Microsoft Platforms. The software may include components from Microsoft Windows; Microsoft Windows Server; Microsoft SQL Server; Microsoft Exchange; Microsoft Office; and Microsoft SharePoint. These components are governed by separate agreements and their own product support policies, as described in the Microsoft “Licenses” folder accompanying the software, except that, if separate license terms for those components are included in the associated installation directly, those license terms control.
·         Developer resources. The software includes compilers, languages, runtimes, environments, and other resources. These components may be governed by separate agreements and have their own product support policies. A list of these other components is located at https://support.microsoft.com.
·         Third Party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying the software. Even if such components are governed by other agreements, the disclaimers and the limitations on damages below also apply. 
The software may also include components licensed under open source licenses with source code availability obligations. Copies of those licenses, if applicable, are included in the ThirdPartyNotices file(s). You may obtain this source code from us, if and as required under the relevant open source licenses, as set forth in the ThirdPartyNotices file(s). You may also find a copy of the source code available at https://thirdpartysource.microsoft.com/.
e.    PACKAGE MANAGERS. The software includes package managers, like NuGet, that give you the option to download other Microsoft and third party software packages to use with your application. Those packages are under their own licenses, and not this agreement. Microsoft does not distribute, license or provide any warranties for any of the third party packages.
4.    DISTRIBUTABLE CODE. The software contains code that you are permitted to distribute in applications you develop as described in this Section. (For this Section the term “distribution” also means deployment of your applications for third parties to access over the Internet.)
a.    Right to Use and Distribute. The code and text files listed below are “Distributable Code.”
·         REDIST.TXT Files. You may copy and distribute the object code form of code listed on the REDIST list located at https://go.microsoft.com/fwlink/?linkid=823097.
·         Sample Code, Templates and Styles. You may copy, modify and distribute the source and object code form of code marked as “sample”, “template”, “simple styles” and “sketch styles”.
·         Image Library. You may copy and distribute images, graphics and animations in the Image Library as described in the software documentation. 
·         Third Party Distribution. You may permit distributors of your applications to copy and distribute the Distributable Code as part of those applications.
b.    Distribution Requirements. For any Distributable Code you distribute, you must:
·         add significant primary functionality to it in your applications;
·         require distributors and external end users to agree to terms that protect the Distributable Code at least as much as this agreement; and
·         indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your applications, except to the extent that any claim is based solely on the Distributable Code.
c.     Distribution Restrictions. You may not:
·         use Microsoft’s trademarks in your applications’ names or in a way that suggests your applications come from or are endorsed by Microsoft; or
·         modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution of code, that (i) it be disclosed or distributed in source code form; or (ii) others have the right to modify it.
5.    DATA. The software may collect information about you and your use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. You may opt-out of many of these scenarios, but not all, as described in the product documentation. There are also some features in the software that may enable you and Microsoft to collect data from users of your applications. If you use these features, you must comply with applicable law, including providing appropriate notices to users of your applications together with Microsoft’s privacy statement. Our privacy statement is located at https://go.microsoft.com/fwlink/?LinkID=824704. You can learn more about data collection and use in the help documentation and our privacy statement. Your use of the software operates as your consent to these practices.
6.    SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
·         work around any technical limitations in the software;
·         reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and to the extent required by third party licensing terms governing use of certain open source components that may be included in the software;
·         remove, minimize, block or modify any notices of Microsoft or its suppliers in the software;
·         use the software in any way that is against the law;
·         share, publish, rent or lease the software, or provide the software as a stand-alone offering for others to use.
7.    DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
8.    NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”
9.    RIGHTS TO USE OTHER VERSIONS AND LOWER EDITIONS. You may use the software and any prior version on any device. You may create, store, install, run, or access in place of the version licensed, a copy or instance of a prior version, different permitted language version, or lower edition.
10.  PROOF OF LICENSE. If you acquired the software on a disc or other media, your proof of license is the Microsoft certificate of authenticity label, the accompanying product key, and your receipt. If you purchased an online copy of the software, your proof of license is the Microsoft product key you received with your purchase and your receipt and/or being able to access the software service through your Microsoft account. To identify genuine Microsoft software, see www.howtotell.com.
11.  TRANSFER TO A THIRD PARTY. If you are a valid licensee of the software, you may transfer it and this agreement directly to another party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The transfer must include the software, genuine Microsoft product key, and (if applicable) the Proof of License label. The transferor must uninstall all copies of the software after transferring it from the device. The transferor may not retain any copies of the genuine Microsoft product key to be transferred, and may only retain copies of the software if otherwise licensed to do so. If you have acquired a non-perpetual license to use the software or if the software is marked Not for Resale you may not transfer the software or the software license agreement to another party.
12.  EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit www.microsoft.com/exporting.
13.  SUPPORT. Microsoft provides support for the software as described at https://support.microsoft.com.
14.  ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services, are the entire agreement for the software and support services.
15.  APPLICABLE LAW. If you acquired the software in the United States, Washington State law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquire the software in any other country, its laws apply.
16.  CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or if mandatory country law applies, then the following provisions apply to you:
a)    Australia. References to “Limited Warranty” mean the express warranty provided by Microsoft or the manufacturer or installer. This warranty is in addition to other rights and remedies you may have under law, including your rights and remedies under the statutory guarantees in the Australian Consumer Law.
In this section, “goods” refers to the software for which Microsoft or the manufacturer or installer provides the express warranty. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
b)    Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c)    Germany and Austria.
(i)        Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany it. However, Microsoft gives no contractual guarantee in relation to the software.
(ii)       Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, and death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
17.  LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.
 
*************************************************************************
LIMITED WARRANTY
A.    LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software.
References to “limited warranty” are references to the express warranty provided by Microsoft. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under local Consumer Law.
B.    TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient.
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C.    EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.
D.    REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
E.    CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
F.    WARRANTY PROCEDURES. You need proof of purchase for warranty service.
1.    United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at:
·         (800) MICROSOFT;
·         Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
·         visit (aka.ms/nareturns).
2.    Europe, Middle East, and Africa. If you acquired the software in Europe, the Middle East, or Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either:
·         Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or
·         the Microsoft affiliate serving your country (see aka.ms/msoffices).
3.    Australia. For Warranty Services and to claim expenses in relation to the warranty (if applicable) for software acquired in Australia, contact Microsoft at:
·         13 20 58; or
·         Microsoft Pty Ltd, 1 Epping Road, North Ryde NSW 2113, Australia.
4.    Outside the United States, Canada, Europe, Middle East, Africa, and Australia. If you acquired the software outside the United States, Canada, Europe, the Middle East, Africa, and Australia, contact the Microsoft affiliate serving your country (see aka.ms/msoffices).
G.    NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
FOR AUSTRALIA ONLY. References to “Limited Warranty” are references to the warranty provided by Microsoft. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Goods presented for repair may be replaced by refurbished goods of the same type rather than being replaced. Refurbished parts may be used to repair the goods. 
H.    LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.
 
EULA ID: VS2017_ENT_PRO_TRIAL_RTW_ENU

-------------------------------------------------
SOFTWARE: Tensilica Xtensa Xplorer
Intel IBL Tensilica Term Use Technology License Agreement
TERM USE TECHNOLOGY LICENSE AGREEMENT between TENSILICA, INC. and INTEL CORPORATION

This Term Use Technology License Agreement ("License Agreement" or "Agreement") is entered into and effective as of the 28th day of June 2007 ("Effective Date"), by and between Tensilica, Inc., a Delaware corporation with business offices located at 3255-6 Scott Boulevard, Santa Clara, California, 95054-3013 ("Tensilica"), and Intel Corporation, a Delaware corporation with business offices located at 2200 Mission College Blvd., Santa Clara, CA 95052 ("Licensee" or "Intel"). 
RECITALS 
A. Tensilica licenses application specific microprocessor and digital signal processor solutions for use in integrated circuit design. 
B. Licensee desires to receive, and Tensilica desires to provide, certain license rights under this License Agreement 
NOW, THEREFORE, in consideration of the premises above, the parties' mutual promises below, and other good and valuable consideration, Tensilica and Licensee agree as follows: 
AGREEMENT 
1. DEFINITIONS 
"Access Plus Agreement" means the Subscription Access Plus Technology License Agreement signed by Tensilica and Intel and dated March 29, 2007. 
"Activation Date" means the date described in Section 2.1(c) herein. 
"Application Software Object Code" means software programming instructions (represented in machine readable form or any binary representation thereof) that are provided by Tensilica to Licensee and/or Licensee's customers for design, development and testing purposes, and described more fully in Exhibit G and the programmer's guide referenced in Exhibit G. 
"Bug Fix" means the repair or replacement of the Deliverables, Software Development Tools, Application Software Object Code, or portions thereof, to remedy an Error. 
"Change of Control" means (i) a merger, acquisition, sale of voting control, or other business combination involving Tensilica such that the stockholders of Tensilica immediately prior to such transaction do not hold more than fifty percent (50%) of the voting power of the surviving or acquiring corporation, or (ii) the sale, lease, exclusive license or other transfer of all or substantially all of the assets of Tensilica. For purposes of this Agreement, the following shall not be considered a Change of Control under this Agreement: 
(1) sale of shares of Tensilica in the form of a public offering of securities, or 
(2) any round of fundraising by Tensilica in the form of sale of shares to private financial investors, even if such financing or recapitalization of Tensilica results in stockholders of Tensilica, immediately prior to the financing or recapitalization, not retaining 50% of the voting power after such transaction. 
"Confidential Information" means nonpublic information provided by either party to the other party that, at the time it is provided, has commercial value, in part because of its nonpublic nature. However, information will only be deemed to be Confidential Information if it is (i) communicated by the disclosing party in writing or other tangible form susceptible of labeling and is marked "Confidential" or in a similar manner, or (ii) communicated in any other manner (such as an oral presentation, facilities tour or technical inspection) and is identified as confidential or proprietary at the time of communication and is reduced to writing and labeled "Confidential" or in a similar manner within thirty (30) days after the initial communication. In all events, the Tensilica Technology and the terms and conditions of this License Agreement will be deemed to be Confidential Information of Tensilica. "Confidential Information" will not be entitled to protection as Confidential Information under this License Agreement to the extent that such Confidential Information: 
(a) is or becomes generally known or available by publication, commercial use or otherwise through no fault of the receiving party; 
(b) is known and has been reduced to tangible form by the receiving party at the time of disclosure and is not subject to restriction; 
(c) is independently developed by the receiving party without use of or access to the disclosing party's Confidential Information; 
(d) is lawfully obtained from a third party without restriction who has the right to make such disclosure without breach of any confidentiality obligation; or 
(e) is released for publication by the disclosing party in writing. The receiving party shall have the burden of proving by clear and convincing evidence that the foregoing exceptions apply. 
"Deliverables" means the hardware-implementation deliverables (i.e., deliverables available for use in creating hardware) provided to Licensee by Tensilica under this License Agreement (and all Intellectual Property Rights embodied therein), including, but not limited to, the Netlist, as more fully explained in Exhibit A. 
"Design Term" means the thirty-six (36) month period beginning with the Activation Date. 
"Documentation" means any written reference and other materials in any written form provided for use with the Deliverables, Application Software Object Code, and Software Development Tools. 
"Error" means a defect that causes the Deliverables, Application Software Object Code, or Software Development Tools not to perform substantially in accordance with the specifications set forth in Tensilica's Documentation. 
"Initial Manufacturing Start" means the shipment of a Licensee Product for revenue. 
"Intel Competitor" means any of the following companies: Advanced Micro Devices, Broadcom, NEC, Sun Microsystems, STMicro, Zoran, Sigma Designs, Conexant, Sony, Toshiba, Acer, Texas Instruments, Freescale, and VIA Technologies Inc. Following the Effective Date of this License Agreement, Licensee may request, not more than once annually, the inclusion of any additional companies not listed here that Licensee reasonably believes have become a competitor to Licensee in the silicon manufacturing market. Licensee may communicate to Tensilica any such request, in writing to the Tensilica representative and according to the procedure set forth in the Notice section 11.2 and Tensilica shall have thirty (30) days from receipt of the request to raise a reasonable objection to any such addition. In the event that Tensilica raises an objection, the Parties shall negotiate in good faith the need to add such company to this definition. In the event that Tensilica does not respond within such thirty (30) day period or if the Parties have not reached agreement during the good faith negotiations, then such companies will be included in this definition with an effective date of the date Tensilica received the notification from Intel. "Intellectual Property Rights" means all patents, patent rights, copyrights, trade secrets, service marks, maskworks and trademarks, and any applications for any of the foregoing, in all countries in the world. 
"Licensee Product" means any semiconductor integrated circuit which is designed and manufactured by or on behalf of Licensee that incorporates the Processor Core. 
"Mask Set Creation" means the physical creation of the first mask set that may or may not, at Intel's discretion, undergo an Initial Manufacturing Start for a Licensee Product. 
"Netlist" means a RTL netlist for the processor core that is provided to Licensee by Tensilica and configured in accordance with the attributes selected by Licensee, as more fully described in Exhibit A. 
"Open Source Licensed Tools" means the software development tools and support libraries subject to various open source licenses and copyrights and more fully described in Exhibits A and E. 
"Processor Core" means the silicon implementation of a Netlist. "Post-Mask Changes" means mask set changes necessary to remedy errors in the integrated circuit design, disabling, disconnecting, or "depowering" functionalities, and packaging variations of manufactured die using a singular mask set. Post-Mask Changes shall exclude derivative or follow-on integrated circuits including but not limited to (i) functional changes in the integrated circuit design, (ii) die shrinks, (iii) manufacturing process migrations, and (iv) derivative designs. 
"Scope of Use" means the use of the Deliverables and Documentation by Authorized Users at Authorized Locations as described more fully in Exhibit D. 
"Seat" means an individual user accessing a software tool bundle (as described in Exhibit A) on a single computer at one specific time. If multiple users access any portion of such software tool bundle at the same instance in time, they will be using multiple Seats, and if a single user runs multiple copies of any single component of such software tool bundle at the same time, that shall constitute multiple Seats. 
"Software Development Tools" means the Open Source Licensed Tools and Tensilica Software Tools provided by Tensilica to Licensee under this License Agreement and more fully described in Exhibit A. "Successor Group" means, in the event Intel's Ultra Mobility Group (UMG) ceases to exist, any group that conducts the silicon development activities of the former UMG upon its dissolution. 
"Tensilica Competitor" means the following companies: ARM, MIPS, ARC, CEVA, Toshiba, Synopsys, Xilinx, Altera, and Mentor Graphics. Following the Effective Date of this License Agreement, Tensilica may request, not more than once annually, the inclusion of any additional companies not listed here that Tensilica reasonably believes have become a competitor to Tensilica in the semiconductor intellectual property provider market. Tensilica may communicate any such request to Licensee, in writing to the Licensee representative and according to the procedure set forth in the Notice section 11.2, and Licensee shall have thirty (30) days from receipt of the request to raise a reasonable objection to any such addition. In the event that Licensee raises an objection, the parties shall negotiate in good faith the need to add such company to this definition. In the event that Licensee does not respond within such thirty (30) day period, or if the Parties cannot reach agreement during the good faith negotiations, such companies will be included in this definition. 
"Tensilica Software Tools" means the proprietary software development tools and executable software elements provided by Tensilica to Licensee under this License Agreement including but not limited to the named tools more fully described in Exhibit A. 
"Tensilica Technology" means the Deliverables, Tensilica Software Tools, Application Software Object Code, Documentation and any Updates and Upgrades thereto (including all Intellectual Property Rights embodied therein), provided by Tensilica to Licensee under this License Agreement. 
"Patent Troll" means a patent owner that enforces patent rights against accused infringers, but does not manufacture products or supply services based on the patents in question. A Patent Troll may represent an entity who performs research or manufactures products incorporating the patented technology, though the troll itself does not. Patent trolls focus their business on the enforcement of intellectual property rights. 
"Updates" means incremental features or enhancements of existing features and/or functionality and minor improvements to the Application Software Object Code or Software Development Tools that Tensilica makes generally available to all licensees for no additional license fee on a when and- if available basis, Bug Fixes, Error corrections and published revisions to the Documentation. 
"Upgrades" means significant additions to the features and capabilities of the licensed Application Software Object Code or Software Development Tools that Tensilica provides to its licensees on a when-and-if available basis upon payment of the applicable annual maintenance fee set forth in Exhibit B. Upgrades include only products enumerated in Exhibit A. 
2. TECHNOLOGY LICENSE GRANT 
2.1 Access and Delivery. Upon execution of this License Agreement and subject to the terms and conditions herein, 
(a) Within five (5) business days of the Effective Date, Licensee shall provide Tensilica with (a) a primary user contact name, and (b) computer server host ID information necessary for Tensilica to generate access control license keys for all purchased Seats of Software Development Tools. 
(b) Tensilica shall make available the Application Software Object Code as soon as reasonably practical after Tensilica has confirmed that Licensee has obtained any required third party licenses (assuming any such licenses are required) for such Application Software Object Code. 
(c) Upon execution of this License Agreement and subject to the terms and conditions herein, Tensilica shall provide Licensee with access to the Deliverables and all Seats of Software Development Tools as soon as reasonably possible. The date upon which Tensilica delivers the Deliverables and Software Development Tools to Licensee shall be considered the "Activation Date." 
(d) Licensee shall provide written notice of its acceptance of the Deliverables and Tensilica Software Tools within ten (10) days of receipt of such Deliverables and Tensilica Software Tools. If Licensee fails to respond within such time period, the Deliverables and Tensilica Software Tools shall be deemed accepted by Licensee. Licensee may reject a Deliverable or Tensilica Software Tool if Licensee determines that it fails to meet the acceptance requirements set forth in Exhibit A. If Licensee rejects any Deliverable or Tensilica Software Tool, Licensee will allow Tensilica a reasonable opportunity to revise the Deliverable or Tensilica Software Tool to render it in compliance with such requirements. 
2.2 Silicon Development, Manufacturing and Distribution. Upon execution of this License Agreement and subject to the terms and conditions herein, Tensilica hereby grants to Licensee a nonexclusive, nontransferable (except as set forth in Section 11.3), worldwide license, under all Tensilica's Intellectual Property Rights, without the right of sublicense (except as set forth in Section 2.3), to 
(1) use and reproduce the Deliverables and the Documentation for the following purposes only: (i) designing, developing, and testing Licensee Products during the Design Term and limited to the Scope of Use; (ii) Mask Set Creation during the Design Term; and (iii) for Licensee Products which achieve Mask Set Creation during the Design Term, making Post-Mask Changes for the related Licensee Products during the Design Term and after the Design Term; 
(2) manufacture, or have manufactured, Licensee Products for which Licensee achieved Mask Set Creation during the Design Term; and 
(3) export, sell, offer for sale, import and distribute (directly or through resellers, VARS, OEMs, or distributors) Licensee Products. Licensee may not modify or create derivative works of the Tensilica Technology or any portion thereof, including without limitation, the Deliverables or Tensilica Software Tools; provided, however that Licensee has the rights to make changes to the Deliverables resulting in a netlist that is logically equivalent to a Netlist. 
Licensee may not sell, offer for sale, or distribute the Deliverables except as a Processor Core incorporated in a Licensee Product. Tensilica grants to Licensee a worldwide, nonexclusive, nontransferable (except as set forth in Section 11.3) license to modify, copy, reproduce and distribute all or portions of the Documentation solely for the purpose of selling, promoting or distributing Licensee Product subject to the limitations in Section 4.2 and 4.4. The parties understand and acknowledge that the license granted under this License Agreement is intended to cover only the Licensee Product and is not intended to cover foundry or other manufacturing activities that Licensee may undertake on behalf of third parties. Therefore the licenses granted in this Section 2.2 and Section 2.3 shall exclude any products manufactured on behalf of a third party from designs received from a third party for resale to or on behalf of that party that are branded for sale by that third party. 
2.3 Third Party Contractor Use Rights. Licensee may allow its third party contractors to use the Deliverables, Documentation, Application Software Object Code, and/or Software Development Tools on Licensee's behalf for the sole purpose of designing, developing, testing, and manufacturing the Licensee Product. These third party contractor use rights granted to Licensee herein include, without limitation, the right to have electronic design automation (EDA) vendors work on any deliverables, licensed technology and/or materials provided by Tensilica under this License Agreement in order to resolve bugs, Errors, or any other such issues. Licensee shall ensure that such third party contractors (including any EDA vendors) comply with the terms of, and are bound by written agreements at least as restrictive as, this License Agreement, including without limitation, all confidentiality obligations set forth in this License Agreement with respect to the use of the Tensilica Technology under this License Agreement. Licensee agrees to act as the single point of contact with Tensilica for all technical issues arising from the work of its third party contractors. Licensee agrees to comply with all applicable export and re-export restrictions set forth in any export licenses, and will otherwise comply with the U.S. Export Administration Regulations and similar laws and regulations as may be amended from time to time and will seek such commitment from its third party contractors Licensee's third party contractor use rights are subject to the same term of use as applied to Licensee as set forth in Section 6. 
2.4 Software Development Tools 
2.4.a Tensilica Software Tools. Upon execution of this License Agreement and subject to the terms and conditions herein, Tensilica hereby grants to Licensee a nonexclusive, nontransferable (except as set forth in Section 11.3), worldwide license, with the right to sublicense (subject to Section 2.7), under all Tensilica Intellectual Property Rights to use the Tensilica Software Tools and the Documentation for the following purposes only: designing, developing, and testing software for use with Licensee Products. Licensee may not modify or create derivative works of the Tensilica Software Tools or any portion thereof. 
2.4.b Open Source Licensed Tools. Upon execution of this License Agreement and subject to the terms and conditions herein, Tensilica hereby licenses the Open Source Licensed Tools to Licensee subject to the terms and conditions of the GNU General Public License (Version 2, June 1991 attached hereto in Exhibit E) or the Eclipse Public License (version 1.0 attached hereto in Exhibit E) or other open source licenses or copyrights as more fully described in Exhibit E. 
2.5 Software Development Tools Maintenance. Tensilica will provide Licensee with Updates and Upgrades to the Software Development Tools that Tensilica makes generally available to its licensees. Licensee acknowledges that upgraded Software Development Tools are for use in development and debugging of Licensee's application software and are not to be used in hardware design and verification of Licensee Product. 
2.6 Support Services: Subject to payment of an annual support fee in the amount and under the terms set forth in Exhibit B, which shall be paid by Licensee for the first year of this License Agreement, Tensilica shall provide Licensee with the following technical support for the Deliverables and Software Development Tools during Tensilica's normal business hours: (i) web-based electronic technical support consisting of problem identification and resolution and (ii) direct telephone and email support to Licensee's designated technical contact (identified in Exhibit D). Payment of this annual support fee entitles Licensee to the support described in Exhibits B and C relating to the processor hardware and Software Development Tools. Licensee, at its option, may elect to purchase annual support from Tensilica for the Deliverables and Software Development Tools after the first year of this License Agreement. 
2.7 Software Redistribution Rights. Upon execution of this License Agreement and subject to the terms and conditions herein, Tensilica hereby grants to Licensee limited, nonexclusive, nontransferable (except as set forth in Section 11.3), worldwide rights to sublicense all the rights granted in subsection 2.4.a and 2.4b to the named Tensilica Software Tools and Open Source Licensed Tools subject to the conditions set forth in the Software Redistribution Rights in Exhibit A, and subject to the sublicense fees described in Exhibit B. Licensee agrees to distribute said software to end users under terms no less restrictive than those of the Tensilica Software End-User Sublicense Agreement attached as Exhibit F. Tensilica will provide no training, support or other services directly to sub-licensees. 
2.8 Replacement of End of Life Products. Tensilica reserves the right to replace, at its reasonable discretion, upon one hundred eighty days (180) days written notice to Licensee, any portion of the Tensilica Technology and Open Sourced License Tools that Tensilica has decided to end-of-life or make obsolete with new technology of equivalent or superior functionality and performance. For clarity, this replacement right pertains to Tensilica's right to discontinue provision of certain versions of the Tensilica Technology as it pertains to the creation rights and maintenance obligations set forth in Sections 2.1 and 2.5 above. Licensee's usage rights as set forth in- Sections 2.2, 23 ; 2A, and-2.7- pertaining to- Deliverablesvr Software Development Tools already in Licensee's possession are not affected by the provisions of this Section 2.8. 
2.9 Use of Application Software Object Code. Upon execution of this License Agreement, subject to the terms and conditions herein, and subject to the third party license notices set forth in Exhibit G, Tensilica hereby grants to Licensee for the Design Term, a nonexclusive, nontransferable (except as set forth in Section 11.3), worldwide license, under all Tensilica's Intellectual Property Rights, without right of sublicense (except as set forth in Section 2.3), to use the Application Software Object Code internally, solely to design, develop and test the Licensee Products. No right is granted to distribute the Application Software Object Code or any application software programs developed using the Application Software Object Code. 
2.10 Application Software Object Code Maintenance Services. Subject to the payment of an annual maintenance services fee set forth in Exhibit B, Tensilica will provide Licensee with Updates and Upgrades to the Application Software Object Code that Tensilica makes generally available to its licensees. 
2.11 Support Services for Application Software Object Code: Subject to the payment of an annual support fee in the amount set forth in Exhibit B, which shall be paid for the first year of this License Agreement, and subject to the terms set forth in Exhibits B and C, Tensilica shall provide Licensee with the following technical support for the Application Software Object Code during Tensilica's business hours of Monday through Friday 9 am PST to 5 pm PST, excluding Tensilica corporate holidays: (i) web-based electronic technical support consisting of problem identification and resolution, and (ii) direct telephone and email support to Licensee's designated technical contact (identified in Exhibit D). Payment of this annual support fee entitles Licensee to the support relating to the Application Software Object Code described in Exhibits B and C. Licensee, at its option, may elect to purchase annual support from Tensilica for the Application Software Object Code after the first year of this Licensee Agreement. 
3. OWNERSHIP 
3.1 Tensilica or its third party suppliers owns and shall retain all right, title and interest in and to the Tensilica Technology, including without limitation all Intellectual Property Rights therein. Licensee shall have no rights with respect thereto other than the rights expressly set forth in this License Agreement. 
3.2 Subject to Tensilica's ownership in the Tensilica Technology and any Intellectual Property Rights therein, Licensee owns and shall retain all right, title and interest in and to the Licensee Product and all Intellectual Property Rights therein. Furthermore, as between Tensilica and Licensee, Licensee shall own any software developed or created by Licensee or on Licensee's behalf using the Software Development Tools in accordance with Section 2.4. 
4. CONFIDENTIALITY, PUBLICITY AND OTHER OBLIGATIONS 
4.1 Confidentiality. Each party will protect the other party's Confidential Information from unauthorized dissemination, publication and use with the same degree of care that each such party uses to protect its own like information, but in no event less than reasonable care. Each party may disclose the Confidential Information only to employees of such party who have a need to know such Confidential Information to fulfill the rights and obligations of this License Agreement and who have entered into agreements with such party containing confidentiality provisions at least as restrictive as those set forth in this Section 4.1. Each party will use the other party's Confidential Information for the purposes of furthering the purpose of this License Agreement and any other business opportunities between the Parties and for no other purpose. The foregoing use restriction shall expire five (5) years from the date of disclosure with respect to all Confidential Information excluding Tensilica Technology. For the avoidance of doubt, all Confidential Information shall remain confidential indefinitely. Except as otherwise provided herein, neither party will disclose to third parties the existence of this Agreement or Confidential Information belonging to the other party without the prior written consent of such party, provided that each party shall be permitted to disclose the existence of this License Agreement without obtaining consent, to legal counsel, accountants and other financial advisors, investment bankers, and other agents of a party acting on the party's behalf who are subject to reasonable confidentiality obligations. In addition to the foregoing, in the event that Tensilica undergoes a Change of Control, and the resulting majority owner is an Intel Competitor, only Tensilica employees employed by Tensilica prior to the effective date of the Change of Control shall be permitted to access any Licensee Confidential Information unless and until Licensee provides written consent that other employees of the acquiring entity may access such Licensee Confidential Information. Notwithstanding the above, Tensilica shall have the right to provide Licensee's name and contact information to third party vendors who have licensed to Tensilica certain technology embedded in the Application Software Object Code and who are bound by written confidentiality agreements at least as restrictive as, the confidentiality terms in this License Agreement with respect to the use of the Intel Confidential Information. Tensilica agrees to act as the single point of contact with its vendors for all issues arising from the use and handling of Intel Confidential Information by Tensilica's third party contractors. Nothing in this Agreement shall restrict the free movement of each party's employees throughout its organization. Each party shall in any event be able to assign its employees to different projects, tasks and activities. Nothing in this Agreement shall prevent Tensilica or Licensee from independently developing, without use of the other's Confidential Information, competing products or technologies, and from using, selling or otherwise supplying to third parties such products or technologies. 
4.2 Publicity. As of the Effective Date of this License Agreement, Tensilica may use Intel's name in any public listing of Tensilica licensees; provided, however, that Tensilica may not describe in any such listing any specific information about what Intel product or group is using the Tensilica Technology nor may it issue any communication that identifies only Intel as a licensee (e.g., not as part of a larger group). 
4.3 No Reverse Engineering. Licensee shall not, nor shall it permit any Licensee customer or other third party to, alter, adapt, translate, decompile, disassemble, or otherwise attempt to derive computer source code from the Tensilica Technology or any portion of the foregoing. 
4.4 Proprietary Notices. Licensee must reproduce and include the copyright notice and any other notices that appear on the original copy of the Tensilica Technology, including without limitation, the Deliverables and Documentation, on any copies made thereof by Licensee or its permitted third party contractors in any media. Licensee may not modify, obfuscate, deface, obscure or remove any of the proprietary rights notices in the Tensilica Technology, or in any copies made thereof. 
4.5 Third Party Technology. Licensee hereby acknowledges that the Application Software Object Code products licensed herein include technology owned by certain third parties and Licensee cannot further distribute a Licensee Product incorporating the Application Software Object Code without a license from such third parties. For avoidance of doubt, Licensee is not distributing any Licensee Products incorporating the Application Software Object Code under this License Agreement. Under this License Agreement, the Application Software Object Code is licensed to Licensee solely for internal design, development, and testing purposes in accordance with Section 2.9 herein. This provision is added to the License Agreement for notice purposes,- in the event that Licensee at a- later time seeks to distribute Licensee Products incorporating the Application Software Object Code. 
5. COMPENSATION 
5.1 License Fee. As consideration for the licenses granted to Licensee by Tensilica under Section 2 of this License Agreement, Licensee agrees to pay Tensilica a one-time license fee in the amount and pursuant to the schedule and terms set forth in Exhibit B hereto ("License Fee"). 
5.2 Component Use Fee. In addition to the License Fee described in Section 5.1 above, Licensee agrees to pay Tensilica a component use fee calculated in accordance with the method set forth in Exhibit B ("Component Use Fee"). The Component Use Fee will be payable quarterly within forty-five (45) days after the end of each Licensee fiscal quarter during which Licensee Products are shipped to Licensee's customers. 
5.3 Manufacturing Fee. In addition to the License Fee described in Section 5.1 above and the Component Use Fee described in Section 5.2 above, Licensee shall pay Tensilica a fee for each Licensee Product, calculated in accordance with the terms set forth in Exhibit B ("Manufacturing Fees"). Notwithstanding the foregoing, Tensilica agrees that the License Fee in Section 1(a) of Exhibit B (i.e., $152,000.00 license fee) includes one pre-paid manufacturing fee, as set forth in Section 3 (Manufacturing Fees) of Exhibit B (i.e., Licensee will not be charged any manufacturing fee for the first Licensee Product over and above the $152,000.00 License Fee). The Manufacturing Fees will be payable within thirty (30) days of Initial Manufacturing Start. 
5.4 Support Fees. As consideration for any support services provided to Licensee by Tensilica under Section 2 of this License Agreement, Licensee agrees to pay Tensilica the relevant fees in the amount and pursuant to the schedule set forth in Exhibit B hereto. 
5.5 Reports, Records and Audit Rights. Within thirty (30) days after the end of each Licensee fiscal quarter during which Licensee Products are shipped to Licensee's customers, Licensee will deliver to Tensilica a written report setting forth in reasonable detail the information necessary to determine the accuracy of the calculation of the Component Use Fee payable under Section 5.2 above and Manufacturing Fees payable under Section 5.3 above, including the number of Licensee Products and Processor Cores shipped. Licensee shall maintain, for a period of one (1) year after the end of the year to which they pertain, complete records of the Manufacturing Fees payable and Licensee Products distributed by Licensee directly or indirectly through resellers, VARS, OEMs or distributors, in order to calculate and confirm Licensee's payment obligations hereunder. Upon reasonable prior notice, not less than thirty (30) days, Tensilica will have the right, exercisable not more than once every twelve (12) months, to appoint an independent accounting firm or other agent reasonably acceptable to Licensee, at Tensilica's expense, to examine such financial books, records and accounts during Licensee's normal business hours to verify the Component Use Fees, and Manufacturing Fees due by Licensee to Tensilica herein, subject to execution of Licensee's confidentiality agreement by the accounting firm or agent; provided, however, that execution of such agreement will not preclude such firm from reporting only the information required by Tensilica to validate the Component Use Fees and the Manufacturing Fees to Tensilica and only such information is provided.. In the event such audit discloses an underpayment of Component Use Fees and/or Manufacturing Fees due hereunder, Licensee will have thirty (30) days to remit the amounts due to Tensilica. Tensilica shall bear the cost and expense of the audit; provided, however, in the event of an underpayment to Tensilica of 10 percent (10%) or more, Licensee shall reimburse Tensilica for the actual, necessary and reasonable costs and expenses of such audit as well as the unpaid Component Use Fee and/or Manufacturing Fee amounts. 
5.6 Payment Terms Licensee agrees to pay Tensilica pursuant to the fee schedule set forth in Exhibit B. 
5.7 Purchase Orders. Nothing contained in any purchase order, purchase order acknowledgment, or invoice shall in any way modify or add any additional terms or conditions to this License Agreement. 
5.8 Method of Payment. Unless otherwise agreed, all payments by Licensee to Tensilica under this License Agreement will be made in U.S. dollars. 
5.9 Withholding Taxes. All fees payable to Tensilica are exclusive of any withholding taxes imposed by a tax treaty then in force between the parties' respective governments which accrues when payments are made by a Licensee's subsidiary located outside of the United States. In such instance, Licensee shall pay its respective governments additional amounts necessary to the relevant authorities if such withholding is required. 
5.10 Transaction Taxes. Fees payable to Tensilica under this License Agreement are exclusive of any transactions taxes (including sales, use, consumption, value-added and similar transactions taxes), which may be imposed, in accordance with applicable laws, as a result of the licenses granted and Deliverables and any other part of the Tensilica Technology provided by Tensilica to Licensee. 
5.11 Documentation. Each party agrees it will consider in good faith, as requested by the other party, to provide the other with certificates or other available documentation evidencing the payment of taxes, duties and other governmental charges payable in connection with the business activities contemplated by this License Agreement. 
5.12 Late Payments. Any amounts payable by Licensee under this License Agreement which are not paid when due shall bear interest payable to Tensilica at the rate of one percent (1%) per month or the highest rate permitted by applicable law, whichever is less, calculated on the unpaid balance as of its due date. 
6. TERM AND TERMINATION 
6.1 Term. This License Agreement shall commence on the Effective Date and continue in full force and effect until terminated in accordance with this Section 6. 
6.1.a Termination of Software Development Tools Maintenance and Usage Rights. Sections 2.4 and 2.5 of this License Agreement will terminate twelve (12) months from the Activation Date, unless extended in accordance with Paragraph 1(b) (Option to Extend Software Development Tools Use Rights and Maintenance) of Exhibit B. 
6.1.b Termination of Application Software Object Code License. Section 2.9 of this License Agreement will terminate upon expiration of the Design Term. 
6.2 Termination: Termination for cause. Either party has the right to terminate this License Agreement immediately upon written notice at any time if the other party breaches or is in default of any material obligation hereunder, which default is incapable of cure or which, being capable of cure, has not been cured within thirty (30) days after receipt of written notice from the non-defaulting party or within such additional cure period as the non-defaulting party may authorize. Further, in addition to Intel's right to withhold consent to the assignment of this License Agreement if Tensilica enters into an agreement to be acquired by an Intel Competitor, Intel shall have the right to terminate this License Agreement immediately upon written notice to Tensilica or its successor, provided that Intel has paid all License Fees that have accrued as of the date of termination. The effect of this termination is set forth in Sections 6.3 and 6.4. 
6.3 Termination after Shipment of Licensee Product. If this License Agreement is terminated for cause pursuant to Section 6.2 above after manufacture and shipment of a Licensee Product, Licensee may continue manufacturing and selling such Licensee Product to Licensee's customers and continue to exercise the Software Redistribution Rights set forth in this License Agreement, provided Licensee continues to pay the Component Use Fee set forth in Exhibit B and any Manufacturing Fees associated with such Licensee Product, and agrees to be bound by the surviving provisions of this License Agreement 
6.4 Effect of Termination. Termination will not relieve Licensee or Tensilica from any liability arising from any breach of this License Agreement. Neither party will be liable to the other for damages of any sort solely as a result of terminating this License Agreement in accordance with its terms, and termination of this License Agreement will be without prejudice to any other right or remedy of either party. Except for such information as is necessary to exercise the rights granted in Section 6.3, each party shall destroy all Confidential Information and copies thereof in its possession belonging to the other party upon receipt of a written request from such party to do so. The provisions of Sections 1, 3, 4, 5, 6.3, 6.4, 7.1(a), 7.1(d), 7.2, 7.3, 8, 9, 10 and 11 shall survive termination of this License Agreement. 
7. LIMITED WARRANTY AND DISCLAIMER 
7.1 Representations and Warranties of Tensilica. Tensilica hereby represents and warrants to Licensee as follows: 
(a) The Tensilica Technology is either owned or properly licensed by Tensilica or is in the public domain and the use thereof by Licensee, its representatives, resellers or end users as authorized hereunder does not and will not infringe any copyrights or trade secrets of any third party, and Tensilica has not willfully infringed any patents of any third party with respect to the Tensilica Technology; provided however, that the foregoing warranty shall not apply to infringements that occur as a result of: (i) modifications by anyone other than Tensilica, unless such modifications where authorized in writing by the Tensilica representative set forth in Exhibit D in which case the above warranty will apply, if the unmodified version would not have resulted in such infringement; or (ii) the combination of the Tensilica Technology with any materials or technology not provided by Tensilica. 
(b) Tensilica has the full power to enter into this License Agreement, to carry out its obligations under this License Agreement and to grant the rights and licenses granted to Licensee in this License Agreement 
(c) For a period of ninety (90) days from receipt of the Deliverables, Application Software Object Code, and Software Development Tools by Licensee that such Deliverables, Application Software Object Code, and Software Development Tools, as delivered, will be free from defects in the media and will perform substantially in accordance with the manner described in the Documentation. In the event of nonconformance, Licensee shall promptly notify Tensilica and provide Tensilica with all available information in written or electronic form so that Tensilica can reproduce the Error. Tensilica's sole obligation is to undertake reasonable efforts to correct the Errors reported to Tensilica in writing or in electronic form during the warranty period and deliver such corrected copy of the Deliverables, Application Software Object Code, and Software Development Tools to Licensee. 
EXCEPT FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS WHICH ARE SUBJECT TO THE BELOW INDE/vfNITY OBLIGATION, TENSILICA'S SOLE LIABILWY AND LICENSEE'S EXCLUSIVE REMEDY WITH RESPECT TO BREACH OF THE FOREGOING LIMITED c:)Th WARRANTY WILL BE LIMITED TO ERROR CORRECTION OR PRODUCT REPLACEMENT, OR IF NEITHER IS IN TENSILICA'S OPINION COMMERCIALLY FEASIBLE, REFUND OF ALL FEES RECEIVED BY TENSILICA FROM LICENSEE UNDER THIS LICENSE AGREEMENT. 
If an Error occurs in the Deliverables, Application Software Object Code, or Software Development Tools after the termination of the ninety (90) day warranty period described in this Section 7.1.c, then upon receipt from Licensee of all available information in written or electronic form sufficient to enable Tensilica to reproduce such Error, Tensilica agrees that, at its cost, it will use reasonable efforts to correct such Error on a timely basis. (d) Licensee's use of the Tensilica Technology consistent with the terms and conditions of this Agreement, will not subject any technology, software or product of Licensee to a requirement that Licensee's technology, software or product be: (a) disclosed or distributed publicly in source code or other form that would compromise the trade secrets otherwise embodied in such technology, software or product; (b) licensed for the purpose of making derivative works; (c) redistributed at no charge; or (d) otherwise distributed on terms that restrict Licensee's ability to distribute and license Licensee's products as it sees fit. 
7.2 Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ALL TENSILICA TECHNOLOGY AND OPEN SOURCE LICENSED TOOLS ARE LICENSED AND PROVIDED "AS IS," AND TENSILICA MAKES NO OTHER WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) REGARDING THE TENSILICA TECHNOLOGY OR OPEN SOURCE LICENSED TOOLS, ANY PORTION THEREOF OR OTHERWISE UNDER THIS LICENSE AGREEMENT. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TENSILICA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. 
7.3 Warranties and Covenants of Licensee. Licensee hereby covenants and warrants to Tensilica that 
(a) Licensee has the full power to enter into this License Agreement and to carry out its obligations under this License Agreement 
( b) If this License Agreement includes MP3 encode or decode software, wherein Thomson Consumer Electronics Sales Germany and Austria GmbH ("Thomson") owns certain intellectual property rights and has acquired the exclusive right to sublicense certain patents owned by Fraunhofer Gesellschaft zur Forderung der Angewandten Forschung e.V., Munich, Germany ("FHG"), that Licensee is 
(a) duly licensed by Thomson Licensing under the MP3 patent pool and other intellectual property rights to make, manufacture, sell and/or use products using and/or incorporating implementations of the Thomson intellectual property, or 
(b) Licensee will obtain a license from Thomson Licensing to make, manufacture, sell and/or use products using and/or incorporating Thomson and FHG intellectual property rights before distributing the Licensee Product containing the Application Software Object Code. For clarity, under this License Agreement, the Application Software Object Code is licensed to Licensee solely for internal design, testing and development purposes in accordance with Section 2.9, and Licensee does not have license rights under this License Agreement to distribute Licensee Products incorporating the Application Software Object Code. Licensee acknowledges that Thomson requires a license for use of the MP3 functionality. 
(c) Further Licensee acknowledges that the Application Software Object Code contains technology components licensed by third parties and Licensee may require licenses identified in Exhibit G. 
8. INTELLECTUAL PROPERTY INFRINGEMENT 
8.1 Indemnification of Licensee Tensilica agrees to defend, indemnify, and hold Licensee harmless against any loss, cost, liability, and expense (including reasonable attorneys' fees) arising from any action or claim brought or threatened against Licensee alleging that any one or all elements of the Tensilica Technology alone and as it is incorporated in the Licensee Product, infringes any patent, copyright, trademark, trade secret, or other intellectual property right of any third party, provided that Licensee provides Tensilica with (i) prompt written notice of such claim or action, (ii) the sole control and authority in the defense or settlement of such claim or action, and (iii) reasonable information and assistance in the defense and/or settlement any such claim or action. To the extent permitted by court rules, Licensee shall have the right to monitor the defense (but not control or interfere with decisions of Tensilica or its selected counsel) with its own counsel at its own expense. Tensilica shall not enter into any settlement nor issue public statements about the claim, the procedures or both which reference Intel without the prior written consent of Licensee, which shall not be unreasonably withheld. Further, Intel will not be responsible for any costs, expenses or compromise incurred or made by Tensilica without Intel's prior written consent. 
8.2 Notwithstanding the foregoing, Tensilica's indemnification obligation with respect to patent infringement claims only based on Tensilica's Technology shall not exceed the Cap. The "Cap" shall mean the lesser of Four Million Five Hundred Thousand US Dollars (US$4,500,000.00) or an amount equal to the sum of Two Million Five Hundred Thousand US Dollars (US$2,500,000.00) plus all fees paid by Intel to Tensilica under this License Agreement until such time as the sum of all fees paid by Intel to Tensilica under this License Agreement reaches $4,500,000.00. Thereafter, the Cap shall be an amount equal to the sum of the total fees paid by Intel under this License Agreement up to and including the date when the claim arose, which will be greater than Four Million Five Hundred Thousand US Dollars (USD$4,500,000.00). Notwithstanding the foregoing, at no time shall the cumulative total of all amounts payable by Tensilica for any and all patent infringement claims arising out of or related to this License Agreement and/or the Access Plus Agreement exceed the Cap as defined in this License Agreement. Notwithstanding the foregoing, in the event that this License Agreement is assigned by Intel pursuant to the provisions of Section 11.3, Tensilica's indemnification obligation to the assignee with respect to patent infringement claims only based on Tensilica's Technology shall not exceed the total of fees paid by the assignee under this License Agreement following such assignment. For the avoidance of doubt, in the event of an assignment by Intel as permitted under Section 11.3, it is acknowledged and agreed that the provisions of Section 8 shall continue to apply to Intel with respect to infringement claims occurring or based on activity occurring prior to the closing of the assignment to the extent Intel retains liability for such claims, provided that it is also acknowledged and agreed that the foregoing shall not be construed to grant any continuing rights of Intel to use the Tensilica Technology after the closing of the assignment of this License Agreement, and provided further that in any event Tensilica's liability under Section 8 as to Intel shall remain unchanged and, for patent infringement claims, subject to the limitations of the "Cap" described above in this Section 8.2. Any fees paid in connection with the assignment or by the assignee shall not be included in the calculation of the Cap. 
8.3 Limited Remedies. In the event that any Tensilica Technology is held, or in Tensilica's reasonable opinion may be held, to constitute such an infringement, Tensilica, at its expense, and at Tensilica's option will either (i) obtain for Licensee or its customers the right to continue to use such Tensilica Technology as contemplated herein, (ii) modify such Tensilica Technology so that it becomes non-infringing, but without materially altering its functionality, or (iii) replace such Tensilica Technology with a functionally equivalent non-infringing Tensilica Technology. 
8.4 Exceptions. Tensilica will have no liability under this Section 8 for any claim or action where: (i) such claim or action would have been avoided but for modifications of the Tensilica Technology, or any portion thereof, made by Licensee or a third party after delivery to Licensee that were not authorized by the Tensilica representative identified in Exhibit D; (ii) such claim or action would have been avoided but for the combination or use of the Tensilica Technology, or any portion thereof, with other products, processes or materials not provided by Tensilica except where there is no substantial non-infringing use of the Tensilica Technology other than as part of that combination, or (iii) such claim or action would have been avoided but for compliance by Tensilica with the Licensee's specifications.; (iv) to the extent that such liability could have been avoided but for Licensee's failure to implement the infringement remedies that Tensilica makes available to Licensee under Section 8.3 above; (v) Licensee's use of the Tensilica Technology, or any portion thereof, is not in compliance with the terms of this License Agreement and such claim would have been avoided but for such non-compliance; or (vi) such claim or action is based on intellectual property that constitutes a standard or de facto standard. 
8.5 Disclaimer. THE FOREGOING STATES THE ENTIRE LIABILITY AND OBLIGATIONS OF TENSILICA AND THE EXCLUSIVE REMEDY OF LICENSEE, WITH RESPECT TO ANY ALLEGED OR ACTUAL INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, TRADEMARKS, OR OTHER INTELLECTUAL PROPERTY RIGHTS ARISING OUT OF THIS LICENSE AGREEMENT. 
9. LIMITATION OF LIABILITY
 9.1 OTHER THAN EACH PARTY'S LIABILITY ARISING FROM WILLFUL AND KNOWING BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, BREACH OF THE LICENSES GRANTED PURSUANT TO SECTION 2, TENSILICA'S INDEMNIFICATION OBLIGATONS SET FORTH IN SECTION 8 (WHICH IS SUBJECT TO THE CAP SET FORTH IN SECTION 8.2 AND SECTION 9.2 BELOW), AND/OR LICENSEE'S FAILURE TO PAY ALL FEES ACCRUED UNDER THIS LICENSE AGREEMENT, EITHER PARTY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS LICENSE AGREEMENT SHALL NOT EXCEED THE TOTAL OF ALL FEES RECEIVED BY TENSILICA FROM LICENSEE UNDER THIS LICENSE AGREEMENT; AND EXCEPT WITH RESPECT TO EITHER PARTY'S LIABILITY ARISING OUT OF WILLFUL AND KNOWING BREACH OF EACH PARTY'S CONFIDENTIALITY OBLIGATIONS, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THIS LICENSE AGREEMENT OR THE USE OF THE TENSILICA TECHNOLOGY AND OPEN SOURCE LICENSED TOOLS, OR ANY PORTION THEREOF, HOWEVER CAUSED, (WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THE LIMITATIONS ON EITHER PARTY'S LIABILITY SET FORTH IN THIS SECTION 9 SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF THIS LICENSE AGREEMENT OR ANA OF THE LIMITED REMEDIES SET FORTH HEREUNDER. 
9.2 EXCEPT FOR TENSILICA'S INDEMNITY OBLIGATION WITH RESPECT TO THIRD PARTY PATENT INFRINGEMENT CLAIMS, WHICH IS SUBJECT TO THE CAP SET FORTH IN SECTION 8.2, TENSILICA'S INDEMNITY OBLIGATIONS DO NOT CARRY A MONETARY CAP OR MONETARY LIMIT. 
10. EXPORT CONTROL 
COMPLIANCE Tensilica and Licensee agree to comply in all respects with all applicable export and re-export restrictions set forth in any export licenses, and will otherwise comply with the U.S. Export Administration Regulations and similar laws and regulations as may be amended from time to time. 
11. GENERAL PROVISIONS 
11.1 Independent Contractors. The relationship of Tensilica and Licensee established by this License Agreement is that of independent contractors, and nothing contained in this License Agreement shall be construed (i) to give either party the power to direct or control the day-to-day activities of the other or (ii) to constitute the parties as partners, joint venturers, co-owners or otherwise as participants in a joint or common undertaking. 
11.2 Notice. Any notice, report, approval or consent required or permitted hereunder shall be in writing to each party's representative identified below and will be deemed to have been duly given if delivered personally, by facsimile, or mailed by first-class, registered or certified mail, postage prepaid, to the following addresses: For Intel Corporation Intel Corporation 2200 Mission College Blvd. Santa Clara, CA 92052 Attention: Office of the General Counsel For Tensilica: Attention: Legal Department With copy to: Chief Financial Officer 3255-6 Scott Blvd. Santa Clara, CA 95054 
11.3 Assignment. Without the other party's prior written consent, such consent not to be unreasonably withheld, neither this License Agreement nor any interest herein or part hereof is transferable or assignable by either party, by operation of law or otherwise. It is understood that the assignment of the Agreement to an Intel Competitor or Tensilica Competitor is a reasonable cause to deny-consent. Any-assignment or attempted assignment in violation of the foregoing shall be null and void. Notwithstanding the foregoing, Intel may assign this License Agreement in connection with a merger, acquisition or sale of all or substantially all of its assets related hereto without being required to obtain Tensilica's consent, provided that such entity is not a (i) Tensilica Competitor, or (ii) a Patent Troll. Subject to the foregoing, the rights and obligations of the parties under this License Agreement shall bind and inure to the benefit of the parties' respective permitted successors and permitted assigns. Further, Tensilica may assign this License Agreement in connection with a merger, acquisition or sale of all or substantially all of its assets related hereto without being required to obtain Licensee's consent, provided that the acquiring entity is not (i) an Intel Competitor or (ii) a Patent Troll. In addition, notwithstanding the foregoing, Intel may (without obtaining the written consent of Tensilica), in connection with a transaction or series of transactions resulting in the transfer (directly, indirectly or by operation of law) of substantially all of the assets exclusively related to a product line of UMG or a Successor Group (an "Asset Sale"), deliver to the purchaser of such assets ("Assets Buyer") a copy of all technology and other materials licensed hereunder, provided that 1) UMG or a Successor Group remains an existing business unit of Intel and such technology or materials continue to be used by UMG, 2) the Assets Buyer is not a Tensilica Competitor, 3) the Assets Buyer agrees to maintain the confidentiality of the relevant Tensilica technology and materials prior to any delivery of the same by Intel 4) the Assets Buyer agrees with Intel not to use for development or manufacture the relevant Tensilica technology until it signs a license with Tensilica for such use and 5) Intel and the Assets Buyer shall be joint and severably liable to Tensilica for breach of the obligations set forth in 4) above. Such delivery shall permit the Assets Buyer to receive such technology or materials, but shall not constitute or otherwise grant any license thereto upon the Assets Buyer. Tensilica will negotiate in good faith with the Assets Buyer for a license to such technology and materials. 
11.4 Severability. If for any reason a court of competent jurisdiction finds any provision of this License Agreement, or portion thereof, to be unenforceable, that provision of the License Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License Agreement will continue in full force and effect. 
11.5 Waiver. Failure by either party to enforce any provision of this License Agreement will not be deemed a waiver of future enforcement of that or any other provision. 
11.6 Headings and Titles. The headings and titles of each section of this License Agreement are for purposes of convenience only and will not be used to limit, interpret or modify the provisions of this License Agreement. 
11.7 Attorneys' Fees. The prevailing party in any action to enforce the License Agreement shall be entitled to recover costs and expenses including, without limitation, reasonable attorneys' fees. 
11.8 Force Majeure. Except for the obligation to make payments hereunder, nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental action, failure of suppliers, earthquake, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party. 
11.9 Governing Law. This License Agreement will in all respects be interpreted and construed in accordance with, and governed by, the laws of the State of California excepting that body of California law concerning conflicts of law, regardless of the place of execution or performance of this License Agreement. The rights and obligation& of the parties under--this License Agreement shall not be governed by the U.N.- Convention on Contracts for the International Sale of Goods. 
11.10 Injunctive Relief. The parties agree that a material breach of this License Agreement adversely affecting either party's Intellectual Property Rights may cause irreparable injury to such party for which monetary damages would not be an adequate remedy, and such party shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law. 
11.11 Entire Agreement. This License Agreement, including all Exhibits, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements or representations, oral or written, regarding such subject matter. This License Agreement may not be modified or amended except in a writing signed by a duly authorized representative of both parties. 
 
IN WITNESS WHEREOF, the undersigned parties agree to the foregoing as of the Effective Date first set forth above. 
TENSILICA, INC.                                                                                                      
INTEL CORPORATION 

  
EXHIBIT A DESCRIPTION OF LICENSED TECHNOLOGY
1) Licensed Technolo2v 
a) Preconfigured LX2 processor with similar features to the Diamond 330HiFi with the following changes: 
·        LRAM size of 512KB with the starting address at Ox0. 
·        Caches removed 
·        Maps the reset vector to Ox0 in IRAM rather than system memory 
·        Support for DRAM sizes of up to 512K 
·        Support for extended L32R registers 
·        Any additional changes requested by Licensee shall incur a consulting fee. 
b) Deliverables 
·        Verilog RTL Source Code: included 
·        Physical design scripts (for supported EDA tools): included skeleton code on interrupt routing/handling from other subsystems (sample firmware handlers/ISRs) 
d) Software Development Tools Xtensa Tools (release RB-200X.X) Xtensa Software Developers Toolkit Priced per Seat per Exhibit B 
(i) Open Source Licensed Tools 
(1) GNU Software Development Tools 
·        GNU Assembler/Disassembler
·        GNU Linker 
·        GNU Debugger (gdb) 
·        GNU Code Profiler 
·        GNU binary utilities 
(2) Open Source Tensilica Tools 
·        Xtensa C/C++ Compiler 
·        Xtensa Xplorer – Standard Edition 
(3) Support libraries 
·        XCC runtime libraries 
·        C and Math libraries 
(ii) Tensilica Software Tools 
·        Xtensa Instruction Set Simulator: 
·        Configuration-specific support files for the Xtensa C/C++ compiler 
·        Selected software libraries 
·        Support files, plug-in tools and utilities for the Xtensa Xplorer development environment 
·        Other configuration-specific Xtensa support files and Xtensa software utilities 
·        XTOS System Simulation Priced per Seat, per Exhibit B 
·        XTMP/XTSC system simulation environment 
·        TurboXim simulation environment 
2) Software Redistribution Rights Redistribution Bundle Priced Per Seat, Per Exhibit B 
(a) GNU Software Development Tools 
(b) Support Libraries 
(c) Open Source Tensilica Tools
·        Xtensa Xplorer – Standard Edition 
·        Xtensa C/C H- Compiler 
(d) Tensilica Software Tools 
 Xtensa Instruction Set Simulator: 
·        Configuration-specific support files for the Xtensa C/C-E--F compiler 
·        Selected software libraries 
·        Other configuration-specific Xtensa support files and Xtensa software utilities 
XTMP/XTSC Redistribution Priced Per Seat, or Unlimited Seats, Per Exhibit B 
3) Acceptance Requirements Per Section 2.1(d) of the License Agreement, Intel will determine whether the Deliverables and Software Development Tools satisfy the following acceptance requirements: 
·        IRAM size of 512KB with the starting address at Ox0. 
·        Caches removed 
·        Maps the reset vector to Ox0 in IRAM rather than system memory 
·        Support for DRAM sizes up to 512K. 
·        Support for extended L32R registers 
EXHIBIT B 
PAYMENTS AND PAYMENT SCHEDULE
1. License Fee 
1(a) Licensed Tensilica product 
Product Code Product Name Description 
DELI N LI-t n BLES 
l nits (LS S) Special 
PreConfigured LX2 Term Use 
36 month Term Use License, 
PreConfigured LX2. Includes one 
1 $200,000 License 
(1)  prepaid manufacturing rights fee. XT7-SDK Software Dev Xtensa Software Developers Toolkit 1 $2,000 Toolkit Single Seat, 12 month license. Seat [Includes Open Source Licensed Tools, Xtensa ISS, XCC Compiler, Xtensa Xplorer - Standard Edition]. Included in such toolkit will be XTOS Research & Evaluation License ($50,000) Credit 330HIFI DELIVERABLES LICENSE FEE SUBTOTAL $152,000 ‘PPLIC k l 10's SOF1 NN kIZE OBJECT CODE H12-MP3DB HiFi2 MP3 MP3 two-channel Decoder for the 1 Included Decoder, Object Xtensa LX HiFi2 Audio Engine. Code Supports MPEG1 and MPEG2 - L1/L2/L3 and MPEG2.5 - L3 streams, object (binary) code; Evaluation License 1112-M4DBLC HiFi2 MPEG 2/4- AAC-LC Audio MPEG 2/4-AAC-Low Complexity, two channel Audio Decoder supporting 1 Included Decoder, Object ADIF&ADTS for the Xtensa LX HiFi2 Code Audio Engine, object (binary) code; Evaluation License I12-APV1DB HiFi2 aacPlus-vl aacPlus-v1, two channel Audio Included Audio Decoder, Object Code Decoder for the Xtensa LX HiFi2 Audio Engine, object (binary) code; 1 Evaluation License H12-APV2DB HiFi2 aacPlus-v2 aacPlus-v2, two channel Audio Included Audio Decoder, Object Code Decoder for the Xtensa LX HiFi2 Audio Engine, object (binary) code; 1 Evaluation License H12-AMRWCB HiFi2 AMR Wide AMR Speech Codec (wide band) for the Included Band Speech Xtensa LX HiFi2 Audio Engine, object 1 Codec, Object Code (binary) code; Evaluation License "Included" as set forth in this Exhibit B means the deliverable or code is included as part of the $152,000.00 deliverables license fee above (i.e., Intel owes no fees over and above such license fee). 
 
H12-AMRNCB HiFi2 AMR Narrow AMR Speech Codec (narrow band) for Included Band Speech Codec, Object Code the Xtensa LX HiFi2 Audio Engine, object (binary) code; Evaluation License 1 H12-29CB HiFi2 G729 Speech G729AB Speech Codec for the Xtensa Included Codec, Object Code LX HiFi2 Audio Engine, object (binary) code; Evaluation License 1 H12-WDB HiFi2 WMA WMA Decoder for the Xtensa LX HiFi2 Included Decode, Object Audio Engine, object (binary) code; 1 Code Evaluation License APPLICATION SOFTWARE OBJECT CODE LICENSE FEE $0 SUBTOTAL St_ PPOR F SMM-S Support Multimedia Std — (Application Software Object Multimedia Application Software support for audio codecs. Support services for two (2) named points of contact, for 12 months. $20,000 Code support) SHW-S Support Std (support for Standard Tensilica processor hardware and Software Development $20,000 Software Development Tools and Tools support package. Support services for two (2) named points of contact, for 12 months. Deliverables) SUPPORT SUBTOTAL $40 000 TO I 1LS LICENSE FEE TOTAL 192,000 + applicable taxes (subject to Sections 5.9 and 5.10 F t RrItER OPTIONS Software Dev Xtensa Software Developers Toolkit $2,000 Per Toolkit, V7 for V7, Single Seat, 12 month license. Seat per year Software [Includes Open Source Licensed Redistribution in accordance with Tools, Xtensa ISS, XCC Compiler, Xtensa Xplorer - Standard Edition] Section 2.7 XTMP XTMP/XTSC System Simulation option (XTMP 1 $2,000 per and XTSC), Single Seat, 12 month license Seat Seat per year TURBO TurboXim TurboXim Simulation option, Single 1 $2,000 per Seat, 12 month license Seat Seat per ear OPT ION:11, 1.PPLR ZION SOt 111 11a OBJEC I COME NI 1IN IF N ANC F. HiFi2 MP3 12 months of Maintenance for MP3 1 $5,000 Decoder, Object Decoder, Object Code Coder Maintenance —HiFi2 MPEG 2/4- AAC-LC Audio Decoder, Object Code. Maintenance 12 months of Maintenance for AAC-LC Decoder, Object Code 1 $6,600 HiFi2 aacPlus v1 Audio Decoder, Object Code, Maintenance 12 months of Maintenance for aacPlus v 1 Decoder, Object Code 1 $7,500 HiFi2 aacPlus-v2 Audio Decoder, Object Code, Maintenance 12 months of Maintenance for aacPlus v2 Decoder, Object Code 1 $8,250 HiFi2 AMR Wide Band Speech Codec, Object Code, Maintenance 12 months of Maintenance for AMR Wide Band Speech Codec, Object Code 1 $8,000 HiFi2 AMR Narrow Band Speech Codec, Object Code, Maintenance 12 months of Maintenance for AMR Narrow Band Speech Codec, Object Code 1 $8,000 HiFi2 G729 Speech Codec, Object Code, Maintenance 12 months of Maintenance for G729 Codec, Object Code 1 $7,000 HiFi2 WMA 12 months of Maintenance for WMA $6,300 Decoder, Object Decoder, Object Code 1 Code, Maintenance 
1(b) Option to Extend Software Development Tools Use Rights and Maintenance Licensee may purchase, on an annual basis, up to two additional years of the rights granted under Sections 2.4 and 2.5 so that Licensee may exercise the rights granted under Sections 2.4 and 2.5 during the Design Term. If Licensee elects to extend such rights on an annual basis, Licensee shall pay Additional Software Development Tools Licensee Fees on a per-seat basis as set forth in the table above. For clarity, Licensee need not purchase two additional years of such rights at the same time. Instead, Licensee may extend such rights for the second year upon payment of the annual license fee on a per-seat basis and, after such second year, Licensee may elect to extend such rights for the third year upon payment of the annual license fee on a per-seat basis. Licensee may from time to time purchase additional seats of Software Development Tools and may alter the numbers of seats of tools purchased upon the anniversary date. Each such tool purchased by Licensee on a per seat basis may be used directly by Licensee or redistributed under the terms of Section 2.7. 
1 (c) Optional Application Software Object Code Maintenance Licensee may opt to purchase maintenance services for the Application Software Object Code as described in Section 2.10. The fee for each year of maintenance ("Maintenance Fee") for each type of Application Software Object Code is listed in the chart above. Each year of maintenance shall always begin on an anniversary of the Activation Date of this License Agreement and end on an anniversary of the Activation Date of this License Agreement ("Maintenance Period"). The annual Maintenance Fee shall not be prorated if Licensee elects to purchase maintenance after a Maintenance Period has begun. In the event that Licensee allows a lapse in the maintenance services and then subsequently elects to purchase maintenance, Licensee shall pay Tensilica the Maintenance Fee for all prior Maintenance Periods in which Tensilica had Updates available for release. Solely by way of example, if Licensee elects not to purchase maintenance for the MP3 Decoder in the first two years from the Activation Date (the first 2 Maintenance Periods), but elects to purchase Maintenance in the third year (the third Maintenance Period), then Licensee shall pay $5,000 for the third year, plus $5,000 for the first year (if there was one or more Update released in that year), plus $5,000 for the second year (if there was one or more Update released in that year), for a potential maximum of $15,000. If there were no MP3 Decoder Updates released in the first two years, in this example, then Licensee would only pay $5,000 for maintenance for the third Maintenance Period. 
1(d) Option to Purchase Support. Support is optional and may be purchased on an annual basis as set forth in the table above and Exhibit C. The price for support services for the processor hardware and Software Development Tools during the Design Term for two Licensee contacts shall be US$20,000 per year. The price for support services for the multimedia application software (i.e., Application Software Object Code support) during the Design Tenn for two Licensee contacts shall be US$20,000 per year. The annual support fee covers all Licensee Products (i.e., there is not a separate support fee for each Licensee product). 
1(e) Availability of Application Software Object Code to Intel Customers Subject to Section 2.8, if any of Licensee's customers want to license the Application Software Object Code from Tensilica for use with the Licensee Product, Tensilica shall make the Application Software Object Code available for use with the Licensee Products to those of Intel's customers that are not Tensilica Competitors upon fair and reasonable terms. Tensilica shall negotiate all license fees with Intel's customers in good faith and such fees shall not exceed Tensilica's then current list price. For the avoidance of doubt, Tensilica cannot commit to specific terms, including pricing, that it would include in any license agreement with one of Intel's customers. Tensilica does commit to not engage in any practices that would be considered unreasonable in light of Tensilica potentially being a sole source of supply for the Application Software Object Code. 
2. Component Use Fee Component Use Fees are accrued on per Processor Core shipped basis at a rate of $0.03 per Processor Core. Notwithstanding anything to the contrary, if the Processor Core(s) distributed as part of a Licensee Product is permanently disabled (e.g., blown fuse) and cannot be enabled by Licensee's customers, then Licensee will not owe Tensilica any Component Use Fees in connection with distributing Licensee Products that contain the permanently disabled Processor Core(s). 
3. Manufacturing Fees The License Fee set forth in the fee schedule in Section 1(a) includes one (1) prepaid Manufacturing Fee. Subsequent Manufacturing Fees accrue upon the occurrence of Initial Manufacturing Start for each additional Licensee Product at a rate of Two Hundred Thousand US Dollars ($200,000) per additional Licensee Product. 
4. Payment Schedule License Fees: 100% due within thirty (30) days after Licensee's acceptance of the Deliverables and Software Development Tools pursuant to Section 2.1(d). Annual Support Fees 100% due within thirty (30) days of invoice Software Redistribution Fee 100% due within thirty (30) days of the date of delivery Software Development Tools Licensee Fees (additional seats or annual renewals) 100% due within thirty (30) days of the date of delivery Component Use Fees: Component Use Fees are payable quarterly within forty-five (45) days after the close of a quarter, per Section 5.2 Manufacturing Fees 100% due within thirty (30) days of the date of Initial Manufacturing Start. Application Software Object Code Maintenance 100% due within thirty (30) days of invoice. kpplications Support Cost (SUS) Processor Hardware and Software Development Tools Support. Support services will consist of reasonable guidance in the areas of Processor Generator usage, software tool usage, design flow assistance, hardware integration, and bug identification. Electronic technical support is delivered via use of an automated, web-based issue tracking and information delivery environment. Support services shall only be provided to the number of Licensee employee contacts set forth in Exhibit B. The Support Services shall not include any design, testing or verification services with respect to Licensee's configuration of the Tensilica Technology or the Licensee Products, including but not limited to: writing, compiling or debugging code, writing models for XTMP/XTSC use, performing any integration or implementation activities of the core or interface logic, performing synthesis, place and route, verification, porting, making system integration decisions, or testing or debugging the design in silicon. See Exhibit B Application Software Object Code Support. Support services will consist of reasonable guidance in the use of the Application Software Object Code and its inclusion with Processor Cores. Electronic technical support is delivered via use of an automated, web-based issue tracking and information delivery environment. The Support Services *shall not include* any design, testing or verification services with respect to the Application Software Object Code, Licensee's configuration of the Tensilica technology or the Licensee Products, including but not limited to: writing, compiling or debugging code, performing any integration or implementation activities of the core, interface logic, performing synthesis, place and route, verification, porting, making system integration decisions, or testing or debugging the design in silicon. See Exhibit B EXHIBIT C SUPPORT Consulting Services: (As needed) Please contact Tensilica sales. $250/hour 
 
EXHIBIT D
1. Scope of Use Authorized Location[s]: Intel Ultra Mobility Group (all locations) Authorized Users: All employees of the Intel Ultra Mobility Group 
2. Contact information Licensee Technical Contacts For Hardware: Name-, Asvvin Padmanabhan (11W implementation, collateral, 11W tools) Phone: 480-552 0839 Email: Aswin.oadmanabhan@intel.com Name: Arvind Mandhani (Architecture) Phone: 408-765-3819 Email: Arvind.mandhaniAintel.com For Software: Name: Thomas Dryden (SW Drivers, XTOS, sample code, SW tools) Phone: 916-356-9592 Email: Thomas.dryden@intel.com Name: George Gruber (CODECs) Phone: 480-552-6346 Email: Hans.george.gruber@intel.com Licensee Finance Contact Name: Adam Wight Phone: 408-653-9713 Email: Adam.r.wight@intel.com 
3. Licensee Company information Licensee's fiscal year begins on the first day of January. 
4. Host ID information a. Host ID Type (Solaris, Linux, or Windows): b. License Type (Floating or Node Locked): c. Host ID: 
5. Tensilica Representative (referenced in Sections 4, 7 and 8) Dan Weed. 
EXHIBIT E
OPEN SOURCE LICENSES [ATTACHED] 
EXHIBIT E
OPEN SOURCE LICENSES Tensilica's software development toolkit and the associated libraries are a combination of Tensilica proprietary software and various open source and free software packages. This table lists the various open-source software packages along with the license(s) under which each is used. 
Application or Librarx Description 
 
Software Executable name or Directory/Package name Controlling license GNU Tools: GNU Assembler, GNU Binary as, binutils, gdb, gprof, Id, make, perl, xcc D.1: GNU Public License Utilities, GNU Debugger, GNU Profiler, GNU Linker, GNU Make, PERL, XCC Compiler – common core Runtime Libraries for XCC xcc-libs D.2: GNU Public License with Runtime Exception; Various Copyrights Cygnus C and Math Libraries Newlib D.3: Newlib copyrights Info-Zip utility info-zip D.4 Info-Zip copyright Redboot eCOS ROM Monitor redboot D.5 Red Hat eCOS Public License Version 1.1 Xtensa Xplorer common core File names beginning with: D.6 Eclipse Public License components: Eclipse platform, Eclipse graphical editing framework, and Eclipse CDT org.eclipse.[*] org.apache.[*] (EPL) Version 1.0 A.1 GNU General Public License, V2 GNU GENERAL PUBLIC LICENSE Version 2, June 1991 Copyright (C) 1989, 1991 Free Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to usingit. (Rine other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too. D 1- Version 6.4 a3 When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights. We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations. Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. The precise terms and conditions for copying, distribution and modification follow. 
GNU GENERAL PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION 0. 
This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. 
1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence- of any warranty; and give any other recipients of the Program a copy of this_ License along_ with the Program. D-2- Version 6.4 You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. 
2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. 
3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections_ 1 and 2 above on a medium customarily used for software interchange; or, D-3- Version 6.4 3-7 c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. 
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. 
5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. 
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. 
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of D-4- Version 6.4 the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. 
8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. 
9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. 
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. 
NO WARRANTY 
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END OF TERMS AND CONDITIONS D-5- Version 6.4 
How to Apply These Terms to Your New Programs If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms. To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found. <one line to give the program's name and a brief idea of what it does.> Copyright (C) 19yy <name of author> This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA Also add information on how to contact you by electronic and paper mail. If the program is interactive, make it output a short notice like this when it starts in an interactive mode: Gnomovision version 69, Copyright (C) 19yy name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type 'show w'. This is free software, and you are welcome to redistribute it under certain conditions; type 'show c' for details. The hypothetical commands 'show w' and 'show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than 'show w' and 'show c; they could even be mouse-clicks or menu items--whatever suits your program. You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names: Yoyodyne, Inc., hereby disclaims all copyright interest in the program 'Gnomovision' (which makes passes at compilers) written by James Hacker. <signature of Ty Coon>, 1 April 1989 Ty Coon, President of Vice This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary D-6- Version 6.4 applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License. B. GNU General Public License with RunTime Exception Code generated by Tensilica's Xtensa C/C++ (XCC) compiler may depend on the following compiler-specific runtime libraries: • libstdc++ -- Standard C++ library. • libio C++ I/O streams. • libgcc -- Basic runtime support. These runtime libraries are derived from GCC and are distributed under the GNU General Public License with a special "runtime exception". The exact wording of this exception has changed over time, and the version used with C++ code is slightly different than the version for C code. The latest version of this exception for libgcc is: "In addition to the permissions in the GNU General Public License, the Free Software Foundation gives you unlimited permission to link the compiled version of this file into combinations with other programs, and to distribute those combinations without any restriction coming from the use of this file. (The General Public License restrictions do apply in other respects; for example, they cover modification of the file, and distribution when not linked into a combine executable.)" The XCC runtime libraries include various wordings for this runtime exception, and portions of some libraries are covered by other less restrictive licenses. See below for details. B.1 LIBSTDC-HMost of the source code files in XCC's version of libstdc++ have a runtime exception as follows: As a special exception, you may use this file as part of a free software library without restriction. Specifically, if other files instantiate templates or use macros or inline functions from this file, or you compile this file and link it with other files to produce an executable, this file does not by itself cause the resulting executable to be covered by the GNU General Public License. This exception does not however invalidate any other reasons why the executable file might be covered by the GNU General Public License. A few of the files have an older version of this text: As a special exception, if you link this library with files compiled with a GNU compiler to produce an executable, this does not cause the resulting executable to be covered by the GNU General Public License. This exception does not however invalidate any other reasons why the executable file might be covered by the GNU General Public License. D-7- Version 6.4 (7) One file (libstdc++/std/complext . cc) includes code owned by AT&T Bell Laboratories and Bellcore with the following license: Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both that the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the names of AT&T Bell Laboratories or Bellcore or any of their entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. AT&T and Bellcore disclaim all warranties with regard to this software, including all implied warranties of merchantability and fitness. In no event shall AT&T or Bellcore 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. The library also includes a copy of an SGI release of the C++ Standard Template Library (STL). The STL files contain code from both SGI and HP. The SGI license is: Permission to use, copy, modify, distribute and sell this software and its documentation for any purpose is hereby granted without fee, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation. Silicon Graphics makes no representations about the suitability of this software for any purpose. It is provided "as is" without express or implied warranty. The HP license is: Permission to use, copy, modify, distribute and sell this software and its documentation for any purpose is hereby granted without fee, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation. Hewlett-Packard Company makes no representations about the suitability of this software for any purpose. It is provided "as is" without express or implied warranty. B.2 LIBIO The libio files used with XCC use the older version of the runtime exception: As a special exception, if you link this library with files compiled with a GNU compiler to produce an executable, this does not cause the resulting executable to be covered by the GNU General Public License. This exception does not however invalidate any other reasons why the executable file might be covered by the GNU General Public License. Some code in libio is based on software that was developed by the University of California, Berkeley, for the Berkeley Software Distribution (BSD-4.4) and bears their copyright: Copyright (c) 1990 Regents of the University of California. All rights reserved. D-8- Version 6.4 Redistribution and use in source and binary forms, with or without modification, 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. [rescinded 22 July 1999] 4. Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE REGENTS 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 REGENTS 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. One file in libio (floatconv. c) is derived from code owned by AT&T with the following license: The author of this software is David M. Gay. Copyright (c) 1991 by AT&T. Permission to use, copy, modify, and distribute this software for any purpose without fee is hereby granted, provided that this entire notice is included in all copies of any software which is or includes a copy or modification of this software and in all copies of the supporting documentation for such software. THIS SOFTWARE IS BEING PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. IN PARTICULAR, NEITHER THE AUTHOR NOR AT&T MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING THE MERCHANTABILITY OF THIS SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. B.3 LIBGCC Some of the files in libgcc, including associated runtime files (e.g., crti . o), use the latest version of the runtime exception shown earlier. Other files use an older version: As a special exception, if you link this library with other files, some of which are compiled with GCC, to produce an executable, this library does not by itself cause the resulting executable to be D-9- Version 6.4 0-7 covered by the GNU General Public License. This exception does not however invalidate any other reasons why the executable file might be covered by the GNU General Public License. The files in 1 ibgcc that are related to C++ runtime support use the same version of the runtime exception text as used by most of the libstdc++ files: As a special exception, you may use this file as part of a free software library without restriction. Specifically, if other files instantiate templates or use macros or inline functions from this file, or you compile this file and link it with other files to produce an executable, this file does not by itself cause the resulting executable to be covered by the GNU General Public License. This exception does not however invalidate any other reasons why the executable file might be covered by the GNU General Public License. C. NEWLIB COPYRIGHTS [Tensilica Note: This section D.3 is copied from the original source file licenses of the newlib distribution from RedHat, Inc. The source files for newlib include hundreds of distinct files sourced from numerous open-source or Freeware authors. In numerous sections below we have removed the original license language and inserted "This section is not applicable to Tensilica's version of newlib" as Tensilica's distribution of the binary form of the library does not contain any elements derived from the referenced portions of the source code. We have preserved the section headings for consistency with the headings and numberings of the original license summary document from RedHat.] The newlib subdirectory is a collection of software from several sources. Each program has its own copyright notice embedded in each file. This list documents the applicable licenses which are [a] more restrictive than a BSD-like license or [b] require the copyright notice to be duplicated in documentation and/or other materials associated with the distribution. Certain licenses documented here only apply to specific targets. Certain clauses only apply if you are building the code as part of your binary. Note that this list may omit certain licenses that only pertain to the copying/modifying of the individual source code. If you are distributing the source code, then you do not need to worry about these omitted licenses, so long as you do not modify the copyright information already in place. C.1 University of California, Berkeley C.1.a Copyright (c) 1990 The Regents of the University of California. All rights reserved. Redistribution and use in source and binary forms are permitted provided that the above copyright notice and this paragraph are duplicated in all such forms and that any documentation, and other materials related to such_distribution and_use acknowledge that the software_was developed by the University of California, Berkeley. The name of the University may not be D-10- Version 6.4 used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Copyright (c) 1990 The Regents of the University of California. All rights reserved. Redistribution and use in source and binary forms are permitted provided that the above copyright notice and this paragraph are duplicated in all such forms and that any documentation, advertising materials, and other materials related to such distribution and use acknowledge that the software was developed by the University of California, Berkeley. The name of the University may not be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Copyright (c) 1981, 1983, 1986, 1988, 1989, 1991, 1992, 1993, 1994 The Regents of the University of California. All rights reserved. Redistribution and use in source and binary forms, with or without modification, 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. All advertising materials mentioning features or use of this software must display the following acknowledgement: This product includes software developed by the University of California, Berkeley and its contributors. 4. Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE REGENTS 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 REGENTS 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 C.1.b C.1.c D-11- Version 6.4 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Copyright (c) 1988, 1990, 1993 Regents of the University of California. All rights reserved. Redistribution and use in source and binary forms, with or without modification, 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. Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE REGENTS 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 REGENTS 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. Copyright (c) 1982, 1986, 1989, 1991, 1993, 1994 The Regents of the University of California. All rights reserved. (c) UNIX System Laboratories, Inc. All or some portions of this file are derived from material licensed to the University of California by American Telephone and Telegraph Co. or Unix System Laboratories, Inc. and are reproduced herein with the permission of UNIX System Laboratories, Inc. Redistribution and use in source and binary forms, with or without modification, 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. All advertising materials mentioning features or use of this software must display the following acknowledgement: This product includes software developed by the University of California, Berkeley and its contributors. C.1.d C.1.e D-12- Version 6.4 4. Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE REGENTS 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 REGENTS 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. C.I.f Copyright (c) 1987, 1988, 2000 Regents of the University of California All rights reserved. Redistribution and use in source and binary forms are permitted provided that: (1) source distributions retain this entire copyright notice and comment, and (2) distributions including binaries display the following acknowledgement: "This product includes software developed by the University of California, Berkeley and its contributors" in the documentation or other materials provided with the distribution and in all advertising materials mentioning features or use of this software. Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that in some of the above alternate UC Berkeley licenses, there is a statement that acknowledgement must be made in any advertising materials for products using the code. This restriction no longer applies due to a license change published at: ftp://ftp.cs.berkeley.edu/pub/4bsd/README.Impt.License.Change In some cases the defunct clause has been removed in modified newlib code and in some cases of older files, the clause has been left as-is. C.2 This section is not applicable to Tensilica's version of newlib. C.3 David M. Gay at AT&T The author of this software is_David M. Gay. D-13- Version 6.4 Copyright (c) 1991 by AT&T. Permission to use, copy, modify, and distribute this software for any purpose without fee is hereby granted, provided that this entire notice is included in all copies of any software which is or includes a copy or modification of this software and in all copies of the supporting documentation for such software. THIS SOFTWARE IS BEING PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. IN PARTICULAR, NEITHER THE AUTHOR NOR AT&T MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING THE MERCHANTABILITY OF THIS SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. C.4 This section is not applicable to Tensilica's version of newlib. C.5 This section is not applicable to Tensilica's version of newlib. C.6 This section is not applicable to Tensilica's version of newlib. C.7 Sun Microsystems Copyright (C) 1993 by Sun Microsystems, Inc. All rights reserved. Developed at SunPro, a Sun Microsystems, Inc. business. Permission to use, copy, modify, and distribute this software is freely granted, provided that this notice is preserved. C.8 This section is not applicable to Tensilica's version of newlib. C.9 This section is not applicable to Tensilica's version of newlib. C.10 This section is not applicable to Tensilica's version of newlib. C.11 Christopher G. Demetriou Copyright (c) 2001 Christopher G. Demetriou All rights reserved. Redistribution and use in source and binary forms, with or without modification, 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 of the author may not be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE D-14- Version 6.4 ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR 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. C.12 This section is not applicable to Tensilica's version of newlib. C.13 Royal Institute of Technology Copyright (c) 1999 Kungliga Tekniska Hogskolan (Royal Institute of Technology, Stockholm, Sweden). All rights reserved. Redistribution and use in source and binary forms, with or without modification, 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. Neither the name of KTH nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY KTH AND ITS 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 KTH OR ITS 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. C.14 Alexey Zelkin Copyright (c) 2000, 2001 Alexey Zelkin <phantom@FreeBSD.org> All rights reserved. Redistribution and use in source and binary forms, with or without modification, 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. D-I5- Version 6.4 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. THIS SOFTWARE IS PROVIDED BY THE AUTHOR 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 AUTHOR 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. C.15 Audrey A. Chernov Copyright (C) 1997 by Audrey A. Chernov, Moscow, Russia. All rights reserved. Redistribution and use in source and binary forms, with or without modification, 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. THIS SOFTWARE IS PROVIDED BY THE AUTHOR "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 REGENTS 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. C.16 FreeBSD Copyright (c) 1997-2002 FreeBSD Project. All rights reserved. Redistribution and use in source and binary forms, with or without modification, 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. D-16- Version 6.4 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. THIS SOFTWARE IS PROVIDED BY THE AUTHOR 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 AUTHOR 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. C.17 S. L. Moshier Author: S. L. Moshier. Copyright (c) 1984,2000 S.L. Moshier Permission to use, copy, modify, and distribute this software for any purpose without fee is hereby granted, provided that this entire notice is included in all copies of any software which is or includes a copy or modification of this software and in all copies of the supporting documentation for such software. THIS SOFTWARE IS BEING PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. IN PARTICULAR, THE AUTHOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING THE MERCHANTABILITY OF THIS SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. C.18 Citrus Project Copyright (c)1999 Citrus Project, All rights reserved. Redistribution and use in source and binary forms, with or without modification, 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. THIS SOFTWARE IS PROVIDED BY THE AUTHOR 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 AUTHOR 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 D-17- Version 6.4 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. C.19 Todd C. Miller Copyright (c) 1998 Todd C. Miller <Todd.Miller@courtesan.com> All rights reserved. Redistribution and use in source and binary forms, with or without modification, 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 of the author may not be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED "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 AUTHOR 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. C.20 This section is not applicable to Tensilica's version of newlib. C.21 This section is not applicable to Tensilica's version of newlib. C.22 This section is not applicable to Tensilica's version of newlib. C.23 This section is not applicable to Tensilica's version of newlib. C.24 This section is not applicable to Tensilica's version of newlib. C.25 Red Hat Incorporated Unless otherwise stated in a newlib file, the remaining files in the newlib subdirectory default to the following copyright. It should be noted that Red Hat Incorporated now owns copyrights belonging to Cygnus Solutions and Cygnus Support. Copyright (c) 1994, 1997, 2001, 2002 Red Hat Incorporated. All rights reserved. D-18- Version 6.4 Redistribution and use in source and binary forms, with or without modification, 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. The name of Red Hat Incorporated may not be used to endorse or promote products derived from this software without specific 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 RED HAT INCORPORATED 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. D. INFO-ZIP This is version 1999-Oct-05 of the Info-ZIP copyright and license. The definitive version of this document is be available at ftp://ftp.cdrom.com/pub/infozip/license.html. Copyright (c) 1990-1999 Info-ZIP. All rights reserved. For the purposes of this copyright and license, "Info-ZIP" is defined as the following set of individuals: Mark Adler, John Bush, Karl Davis, Harald Denker, Jean-Michel Dubois, Jean-loup Gailly, Hunter Goatley, Ian Gorman, Chris Herborth, Dirk Haase, Greg Hartwig, Robert Heath, Jonathan Hudson, Paul Kienitz, David Kirschbaum, Johnny Lee, Onno van der Linden, Igor Mandrichenko, Steve P. Miller, Sergio Monesi, Keith Owens, George Petrov, Greg Roelofs, Kai Uwe Rommel, Steve Salisbury, Dave Smith, Christian Spieler, Antoine Verheijen, Paul von Behren, Rich Wales, Mike White This software is provided "as is," without warranty of any kind, express or implied. In no event shall Info-ZIP or its contributors be held liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use this software. D-I9- Version 6.4 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. Redistributions of source code must retain the above copyright notice, defmition, disclaimer, and this list of conditions. 2. Redistributions in binary form must reproduce the above copyright notice, definition, disclaimer, and this list of conditions in documentation and/or other materials provided with the distribution. 3. Altered versions--including, but not limited to, ports to new operating systems, existing ports with new graphical interfaces, and dynamic, shared, or static library versions--must be plainly marked as such and must not be misrepresented as being the original source. Such altered versions also must not be misrepresented as being Info-ZIP releases--including, but not limited to, labeling of the altered versions with the names "Info-ZIP" (or any variation thereof, including, but not limited to, different capitalizations), "Pocket UnZip," "WiZ" or "MacZip" without the explicit permission of Info-ZIP. Such altered versions are further prohibited from misrepresentative use of the Zip-Bugs or Info-ZIP e-mail addresses or of the Info-ZIP URL(s). 4. Info-ZIP retains the right to use the names "Info-ZIP," "Zip," "UnZip," "WiZ," "Pocket UnZip," "Pocket Zip," and "MacZip" for its own source and binary releases. D-20- Version 6.4 E. ECOS RED HAT ECOSTM PUBLIC LICENSE VERSION 1.1 1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications. 1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor. 1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof. 1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data. 1.5. "Executable" means Covered Code in any form other than Source Code. 1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A. 1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License. 1.8. "License" means this document. 1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is: A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications. B. Any new file that contains any part of the Original Code or previous Modifications. 1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License. 1.11. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or a list of source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no. charge-. D-21- Version 6.4 0-3 1.12. "You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this defmition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity. 1.13. "Red Hat Branded Code" is code that Red Hat distributes and/or permits others to distribute under different terms than the Red Hat eCos Public License. Red Hat's Branded Code may contain part or all of the Covered Code. 2. SOURCE CODE LICENSE. 2.1. The Initial Developer Grant. The Initial Developer hereby grantsYou a world wide, royaltyfree, non-exclusive license, subject to third party intellectual property claims: (a) to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and (b) under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell ("Utilize") the Original Code (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Original Code (or portions thereof) and not to any greater extent that may be necessary to Utilize further Modifications or combinations. 2.2. Contributor Grant. Each Contributor hereby grants You a world-wide, royalty-free, nonexclusive license, subject to third party intellectual property claims: (a) to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code or as part of a Larger Work; and (b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any greater extent that may be necessary to Utilize further Modifications or combinations. 3. DISTRIBUTION OBLIGATIONS. 3.1. Application of License. The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5. D-22- Version 6.4 3.2. Availability of Source Code. Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available and to the Initial Developer; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party. You are responsible for notifying the Initial Developer of the Modification and the location of the Source if a contact means is provided. Red Hat will be acting as maintainer of the Source and may provide an Electronic Distribution mechanism for the Modification to be made available. You can contact Red Hat to make the Modification available and to notify the Initial Developer. 3.3. Description of Modifications. You must cause all Covered Code to which you contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code. 3.4. Intellectual Property Matters (a) Third Party Claims. If You have knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), you must include a text file with the source code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after You make Your Modification available as described in Section 3.2, You shall promptly modify the LEGAL file in all copies You make available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained. (b) Contributor APIs. If Your Modification is an application programming interface and You own or control patents which are reasonably necessary to implement that API, you must also include this information in the LEGAL file. 3.5. Required Notices. You must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where You describe recipients rights relating to Covered Code. If You created one or more Modification(s), You may add your name as a Contributor to the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then you must include such notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer. D-23- Version 6.4 3.6. Distribution of Executable Versions. You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients rights relating to the Covered Code. You may distribute the Executable version of Covered Code under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipients rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer. If you distribute executable versions containing Covered Code, you must reproduce the notice in Exhibit B in the documentation and/or other materials provided with the product. 3.7. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code. 4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION. If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; (b) cite the statute or regulation that prohibits you from adhering to the license; and (c) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it. You must submit this LEGAL file to Red Hat for review, and You will not be able use the covered code in any means until permission is granted from Red Hat to allow for the inability to comply due to statute or regulation. 5. APPLICATION OF THIS LICENSE. This License applies to code to which the Initial Developer has attached the notice in Exhibit A, and to related Covered Code. Red Hat may include Covered Code in products without such additional products becoming subject to the terms of this License, and may license such additional products on different terms from those contained in this License. Red Hat may license the Source Code of Red Hat Branded Code without Red Hat Branded Code becoming subject to the terms of this License, and may license Red Hat Branded Code on different terms from those contained in this License. Contact Red Hat for details of alternate licensing terms available. VERSIONS OF THE LICENSE. D-24- Version 6.4 6.1. New Versions. Red Hat may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number. 6.2. Effect of New Versions. Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Red Hat. No one other than Red Hat has the right to modify the terms applicable to Covered Code beyond what is granted under this and subsequent Licenses. 6.3. Derivative Works. If you create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), you must (a) rename Your license so that the phrases "ECOS", "eCos", "Red Hat", "RHEPL" or any confusingly similar phrase do not appear anywhere in your license and (b) otherwise make it clear that your version of the license contains terms which differ from the Red Hat eCos Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.) 7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COWERED CODE IS FREE OF DEFECTS MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NONINFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 8. TERMINATION. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive. 9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TOR (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND_ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF D-25- Version 6.4 SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 10. U.S. GOVERNMENT END USERS. The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein. 11. MISCELLANEOUS. This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflictof- law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in, the United States of America: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to fmal and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in Santa Clara County, California, under the auspices of JAMS/EndDispute; and (c) any litigation relating to this Agreement shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. 12. RESPONSIBILITY FOR CLAIMS. Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based on the number of copies of Covered Code you made available, the revenues you received from utilizing such rights, amid other relevant factors. You agree to work with affected parties to distribute responsibility on an equitable basis. 13. ADDITIONAL TERMS APPLICABLE TO THE RED HAT ECOS PUBLIC LICENSE. Nothing in this License shall be interpreted to prohibit Red Hat from licensing under different terms than this License any code which Red Hat otherwise would have a right to license. Red Hat and logo - This License does not grant any rights to use the trademark Red Hat, the Red Hat logo, eCos logo, even if such_ marks_ are inchided in the Ori 'nal Code_You may cnntactRed D-26- Version 6.4 Hat for permission to display the Red Hat and eCos marks in either the documentation or the Executable version beyond that required in Exhibit B. Inability to Comply Due to Contractual Obligation - To the extent that Red Hat is limited contractually from making third party code available under this License, Red Hat may choose to integrate such third party code into Covered Code without being required to distribute such third party code in Source Code form, even if such third party code would otherwise be considered "Modifications" under this License. EXHIBIT A. The contents of this file are subject to the Red Hat eCos Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.redhat.com Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License. The Original Code is eCos - Embedded Configurable Operating System, released September 30, 1998. The Initial Developer of the Original Code is Red Hat. Portions created by Red Hat are Copyright (C) 1998, 1999, 2000 Red Hat, Inc. All Rights Reserved. EXHIBIT B. Part of the software embedded in this product is eCos – Embedded Configurable Operating System, a trademark of Red Hat. Portions created by Red Hat are Copyright (C) 1998, 1999, 2000 Red Hat, Inc. (http://www.redhat.com) All Rights Reserved. THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY RED HAT 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 AUTHOR 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. Copyright © 2002 Red Hat, Inc. All rights reserved. D-27- Version 6.4 F. Eclipse Public License — Xtensa Xplorer Eclipse Public License - v 1.0 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 1. DEFINITIONS "Contribution" means: (a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and (b) in the case of each subsequent Contributor (i) changes to the Program, and (ii) additions to the Program; where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program. "Contributor" means any person or entity that distributes the Program. "Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program. "Program" means the Contributions distributed in accordance with this Agreement. "Recipient" means anyone who receives the Program under this Agreement, including all Contributors. 2. GRANT OF RIGHTS a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a nonexclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form. D-28- Version 6.4 b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a nonexclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder. c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program. d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
 3. REQUIREMENTS A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that: (a) it complies with the terms and conditions of this Agreement; and (b) its license agreement: i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose; ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange. When the Program is made available in source code form: (a) it must be made available under this Agreement; and (b) a copy of this Agreement must be included with each copy of the Program. Contributors may not remove or alter any copyright notices contained within the Program. Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution. 
4. COMMERCIAL DISTRIBUTION D-29- Version 6.4 Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense. For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages. 
5. NO WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. 
6. DISCLAIMER OF LIABILITY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), 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 OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
7. GENERAL D-30- Version 6.4 If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed. All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive. Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved. This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation. D-31- Version 6.4 EXHIBIT F Tensilica Software End User Sublicense Agreement This is a legal agreement (the "Agreement") concerning the use of certain software development tools and executable software elements more fully described in Exhibit A (the "Software") between ("User") and Tensilica, Inc., a Delaware corporation with business offices located at 3255-6 Scott Boulevard, Santa Clara, California, 95054-3013 ("Tensilica"). The Effective Date of this Agreement is: . Use of the Software indicates User's complete and unconditional acceptance of the terms and conditions set forth in this agreement. 
GRANT OF LICENSE. Tensilica or its authorized distributor grants to User, subject to payment, if applicable, of appropriate license fees, a nontransferable, nonexclusive license to use Software solely: (a) in machine-readable, object-code form; (b) for User's internal business purposes; and (c) on the computer hardware or at the "Site" described in Exhibit A for which an applicable license fee is paid. Use of Software is limited; such limitations are technically implemented through the use of authorization codes or similar devices. 
THIRD PARTY CONTRACTOR USE RIGHTS. User may allow its third party contractors to use the Software on User's behalf. User shall ensure that such third party contractors comply with the terms of, and are bound by written agreements at least as restrictive as, this License Agreement, including without limitation, all confidentiality obligations set forth in this License Agreement with respect to the use of the Software under this Agreement. User and User's third party contractors agree to comply with all applicable export and re-export restrictions set forth in any export licenses, and will otherwise comply with the U.S. Export Administration Regulations and similar laws and regulations as may be amended from time to time. 
TERM. This Agreement remains effective until expiration or termination. This Agreement will automatically terminate if User fails to comply with any term or condition of this Agreement. If Software was provided for limited term use, this Agreement will automatically expire at the end of the authorized term. Upon any termination or expiration, User agrees to cease all use of Software.
OWNERSHIP. Except as expressly set forth in this Agreement, all right, title and interest in the Software remain with Tensilica or its licensors, and any proprietary information contained in the Software is protected by copyright, trademark and trade secret law and international treaties. 
CONFIDENTIALITY. As used in this Agreement, "Confidential Information" means: (i) Software and all parts thereof in any form, and any related technology, idea, algorithm or information contained in the Software; and (ii) any information disclosed by Tensilica to User relating to the Software designated as confidential at the time of disclosure or which would be considered confidential by a reasonable person. Notwithstanding the foregoing, "Confidential Information" shall not include information that: (a) is known and has been reduced to tangible form by User prior to the time of disclosure for the first time under this Agreement; or (b) is independently developed by User without the use of any of the Confidential Information. User will not use the Confidential Information for any purpose other than User's internal business purposes. User will use commercially reasonable efforts to protect the Confidential Information from unauthorized disclosure. User may disclose the Confidential Information only to employees of User who have a need to know such Confidential Information in furtherance of User's internal business purposes and who have entered into agreements with User containing confidentiality provisions at least as restrictive as those set forth in this Section with respect to the Confidential Information. User will not disclose any of the Confidential Information to any third party without the clear and express written consent of Tensilica. Confidential – XSP-I01906 Page 29 of 32 NO WARRANTIES BY TENSILICA. The Software and all accompanying materials are provided "AS IS," without warranty of any kind. To the maximum extent permitted by law, Tensilica hereby disclaims all warranties, express, implied and statutory, including but not limited to, implied warranties of merchantability and fitness for a particular purpose (regardless of whether Tensilica knows of such purpose) and against infringement. The entire risk arising out of the use or performance of the Software and any accompanying written materials remains with User. 
LIMITATION ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TENSILICA, ITS LICENSORS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF TENSILICA OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TENSILICA'S OR ITS LICENSORS' LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY USER FOR THE SOFTWARE GIVING RISE TO THE CLAIM. IN THE CASE WHERE NO AMOUNT WAS PAID, TENSILICA AND ITS LICENSORS SHALL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER. NONASSIGNABILITY. User may not assign or transfer this Agreement or any Software or all or any part of its rights under this Agreement, by operation of law or otherwise, including without limitation to any purchaser of User's assets or securities. Notwithstanding the foregoing, assignment shall be allowed in the case of change of control of User. Tensilica may assign this Agreement. Any assignment attempted in contravention of this Section shall be null and void, and shall entitle Tensilica to terminate this Agreement immediately upon written notice to User. 
GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by the laws of the State of California excluding its conflict of law principles. The courts located in or serving Santa Clara County, California shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and User and Tensilica hereby consent to such jurisdiction and venue. EXPORT REQUIREMENTS. The Software and all related technical information or materials may be subject to export controls under U.S. Government export regulations, and User shall comply with all such regulations. 
MISCELLANEOUS. If a court holds any provision of this Agreement to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement contains the parties' entire understanding and agreement concerning the subject matter of this Agreement and may only be modified by a written instrument signed by each party's duly authorized representative. Any waiver by either party of any default or breach under this Agreement shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind. 
Exhibit A of Tensilica Software End User Sublicense Agreement DESCRIPTION OF SOFTWARE Software Tool Name[s] GNU Software Development Tools Xtensa C/C++ Compiler Support libraries for the Xtensa compiler Xtensa Instruction Set Simulator Other configuration-specific libraries & supporting Xtensa utilities Version Term of Use v7 No end term v7 months from Effective Date C/C++ v7 months from Effective Date v7 months from Effective Date Xtensa v7 months from Effective Date software DESCRIPTION OF SITE End User Corporate Name End User Site Address Confidential — XSP-101906 Page 31 of 32 EXHIBIT G DESCRIPTION OF APPLICATION SOFTWARE OBJECT CODE 1. Deliverable items For each Application package listed in Exhibit B • Application Software Object Code (codec library) • Example application / sample testbench (source code) • Programmer's Guide Fee Schedule Per Exhibit B 2. Third Party Licenses That May Be Needed AAC and aacPlus Decoder May require Coding Technologies, AB and VIA Licensing patent licenses for use of the aacPlus and AAC decoder and encoder technology. WMA Decoder This product includes technology owned by Microsoft and cannot be used or further distributed by Licensee without a license from Microsoft MP3 Decoder Requires an MP3 license from Thomson Licensing as per Section 7.3(b). 

-------------------------------------------------------
SOFTWARE: Intel Integrated Performance Primitives - Intel IPP; 
Intel Software Development Products License

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
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End User License Agreement for the Intel Software Development Products
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shall use a license agreement that prohibits disassembly and reverse engineering of the Redistributables, 
shall not publish reviews of Materials designated as beta without written permission by Intel, and 
shall indemnify, hold harmless, and defend Intel and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from your distribution of any product.

Intel Integrated Performance Primitives (Intel IPP). The following terms and conditions apply only to the Intel IPP. 

Notwithstanding anything in this Agreement to the contrary, if you implement the Sample Sources in your application or if you use Intel IPP to implement algorithms that are protected by others' licenses then you may need additional licenses from various entities. Should any such additional licenses be required, you are solely responsible for obtaining any such licenses and agree to obtain any such licenses at your own expense. 

Notwithstanding anything herein to the contrary, a valid license to Intel IPP is a prerequisite to any license for Sample Source, and possession of Sample Source does not grant any license to Intel IPP (or any portion thereof). To access Sample Source, you must first register your licensed copy of the Intel IPP with Intel. By downloading, installing or copying any Sample Source file, you agree to be bound by terms of this Agreement.

SOFTWARE TRANSFER: You may permanently transfer the Materials and all of your rights under this Agreement to another party ("Recipient") only if you notify Intel of the transfer by sending a letter to Intel certifying that you retain no copies of the Materials and that the Recipient has agreed in writing to be bound by all of the terms and conditions of this Agreement. Please send such letter to: 
Intel Corporation
2111 NE 25th Avenue
Hillsboro, OR 97124
Attn: DPD Contracts Management, JF1-15

COPYRIGHT: Title to the Materials and all copies thereof remain with Intel or its suppliers. The Materials are copyrighted and are protected by United States copyright laws and international treaty provisions. You will not remove any copyright notice from the Materials. You agree to prevent any unauthorized copying of the Materials. Except as expressly provided herein, no license or right is granted to you directly or by implication, inducement, estoppel or otherwise, specifically Intel does not grant any express or implied right to you under Intel patents, copyrights, trademarks, or trade secret information. 

NO WARRANTY AND LIMITED REPLACEMENT: THE MATERIALS AND INFORMATION ARE PROVIDED "AS IS" WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE. If the media on which the Materials are furnished are found to be defective in material or workmanship under normal use for a period of ninety (90) days from the date of receipt, Intel's entire liability and your exclusive remedy shall be the replacement of the media. This offer is void if the media defect results from accident, abuse, or misapplication. 

LIMITATION OF LIABILITY: THE ABOVE REPLACEMENT PROVISION IS THE ONLY WARRANTY OF ANY KIND. INTEL OFFERS NO OTHER WARRANTY EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD- PARTY INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER INTEL NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

UNAUTHORIZED USE: THE MATERIALS ARE NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY TYPE OF SYSTEM OR APPLICATION IN WHICH THE FAILURE OF THE MATERIALS COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR (E.G MEDICAL SYSTEMS, LIFE SUSTAINING OR LIFE SAVING SYSTEMS). Should the buyer purchase or use the Materials for any such unintended or unauthorized use, the buyer shall indemnify and hold Intel and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that Intel was negligent regarding the design or manufacture of the part. 

USER SUBMISSIONS: You agree that any material, information or other communication you transmit or post to an Intel website or provide to Intel under this Agreement related to the features, functions, performance or use of the Materials will be considered non-confidential and non-proprietary ("Communications"). Intel will have no obligations with respect to the Communications. You agree that Intel and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein, including derivative works thereto, for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from an Intel website or provide to Intel any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If you wish to provide Intel with your confidential information, Intel requires a non-disclosure agreement ("NDA") to receive such confidential information, so please contact your Intel representative to ensure the proper NDA is in place. 

CONSENT. You agree that Intel, its subsidiaries or suppliers may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Materials, and to verify compliance with the terms of this Agreement. Intel may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. 

TERMINATION OF THIS LICENSE: This Agreement becomes effective on the date you accept this Agreement and will continue until terminated as provided for in this Agreement. If you are using the Materials under the control of a time-limited license, for example an Evaluation License, this Agreement terminates without notice on the last day of the time period, which is controlled by the license key code for the Materials. Intel may terminate this license immediately if you are in breach of any of its terms and conditions and such breach is not cured within thirty (30) days of written notice from Intel. Upon termination, you will immediately return to Intel or destroy the Materials and all copies thereof. Any distribution of the Redistributables conducted in accordance with the terms and conditions of this Agreement shall survive termination of this Agreement. 

U.S. GOVERNMENT RESTRICTED RIGHTS: The Materials are provided with "RESTRICTED RIGHTS". Use, duplication or disclosure by the Government is subject to restrictions set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of Intel's rights in them. 

APPLICABLE LAWS: Any claim arising under or relating to this Agreement shall be governed by the internal substantive laws of the State of Delaware, without regard to principles of conflict of laws. You agree that the terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this Agreement. You agree that your distribution and export/re-export of the Software and permitted modifications shall be in compliance with the laws, regulations, orders or other restrictions of applicable export laws. 

THIRD PARTY PROGRAMS. The Materials may include third party programs or materials. The license terms with those programs or materials apply to your use of them, and Intel is not liable for them. 
* Other names and brands may be claimed as the property of others 

-----------------------------------------------------
SOFTWARE: Khronos Vulkan Library; KhronosGroup SPIRVTools
Khronos License (modified MIT License)
Copyright (c) <2019> The Khronos Group Inc.
 
Permission is hereby granted, free of charge, to any person obtaining a
copy of this software and/or associated documentation files (the
"Materials"), to deal in the Materials without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Materials, and to
permit persons to whom the Materials are 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 Materials.
 
THE MATERIALS ARE 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
MATERIALS OR THE USE OR OTHER DEALINGS IN THE MATERIALS.

-------------------------------------------------
SOFTWARE: Microsoft Message Compiler Message Sample
Microsoft Limited Public License (Ms-LPL)
This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.

1. Definitions

The terms "reproduce," "reproduction," "derivative works," and "distribution" have the same meaning here as under U.S. copyright law. A "contribution" is the original software, or any additions or changes to the software. A "contributor" is any person that distributes its contribution under this license. "Licensed patents" are a contributor's patent claims that read directly on its contribution.

2. Grant of Rights

(A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.

(B) Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.

3. Conditions and Limitations

(A) No Trademark License- This license does not grant you rights to use any contributors' name, logo, or trademarks.

(B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.

(C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.

(D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.

(E) The software is licensed "as-is." You bear the risk of using it. The contributors give no express warranties, guarantees, or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

(F) Platform Limitation- The licenses granted in sections 2(A) & 2(B) extend only to the software or derivative works that you create that run on a Microsoft Windows operating system product.

-------------------------------------------------
SOFTWARE: Microsoft Enterprise Library 
Microsoft Public License (Ms-PL)
This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.

Definitions
The terms "reproduce," "reproduction," "derivative works," and "distribution" have the same meaning here as under U.S. copyright law.
A "contribution" is the original software, or any additions or changes to the software.
A "contributor" is any person that distributes its contribution under this license.
"Licensed patents" are a contributor's patent claims that read directly on its contribution.


Grant of Rights
Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.
Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.


Conditions and Limitations
No Trademark License- This license does not grant you rights to use any contributors' name, logo, or trademarks.
If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.
If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.
If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.
The software is licensed "as-is." You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

-------------------------------------------------
SOFTWARE: Microsoft Windows Driver Kit - WDK; 
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT WINDOWS DRIVER KIT
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
updates, 
supplements, 
Internet-based services, and 
support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software. If you comply with these license terms, you have the rights below.
INSTALLATION AND USE RIGHTS.
Installation and Use.  One user may install and use any number of copies of the software on your devices to design, develop and test your programs. 
Included Microsoft Programs.  The software contains other Microsoft programs. In some cases, those programs and the license terms that apply to your use of them are addressed specifically in these license terms. For all other included Microsoft programs, these license terms govern your use. 
Device Simulation Framework.  One user may install and use any number of copies of the Device Simulation Framework on your devices for the sole purpose of testing the interoperability of your devices, drivers and firmware with Windows. For the avoidance of doubt, the Device Simulation Framework shall not be used for testing software you have designed and developed using a software development kit other than the Windows Driver Kit. 
Third Party Programs.  The software contains third party programs. These license terms as well as any license terms accompanying the third party program files apply to your use of them.

ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
Distributable Code.  The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
Right to Use and Distribute.  The code and text files listed below are “Distributable Code.”
REDIST.TXT Files.  You may copy and distribute the object code form of code listed in REDIST.TXT files. 
Sample Code.  You may modify, copy and distribute only in object code form the sample code found in the SRC directory of the Windows Driver Kit, except that you may also modify, copy, and distribute in source code form the sample code listed in the SAMPLES.TXT file. 
Third Party Distribution.  You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
Distribution Requirements.  For any Distributable Code you distribute, you must
add significant primary functionality to it in your programs; 
require distributors and external end users to agree to terms that protect it at least as much as this agreement; 
display your valid copyright notice on your programs; and 
indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
Distribution Restrictions.  You may not
alter any copyright, trademark or patent notice in the Distributable Code; 
use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; 
distribute Distributable Code to run on a platform other than the Windows platform; 
include Distributable Code in malicious, deceptive or unlawful programs; or 
modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
the code be disclosed or distributed in source code form; or 
others have the right to modify it.

Scope of License.  The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
work around any technical limitations in the software; 
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; 
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; 
publish the software for others to copy; 
rent, lease or lend the software; 
transfer the software or this agreement to any third party; or 
use the software for commercial software hosting services.

BACKUP COPY.  You may make one backup copy of the software. You may use it only to reinstall the software.

DOCUMENTATION.  Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.

Export Restrictions.  The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.

SUPPORT SERVICES.  Because this software is “as is,” we may not provide support services for it.

Entire Agreement.  This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

Applicable Law.
United States.  If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. 
Outside the United States.  If you acquired the software in any other country, the laws of that country apply.

Legal Effect.  This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

Disclaimer of Warranty.  The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Limitation on and Exclusion of Remedies and Damages.  You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and 
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE.  Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES.  Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et 
les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE.  Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas. 

-------------------------------------------------
SOFTWARE: CityHash; Google Brotli; Intel Graphics Memory Management Library; Intel Metrics Discovery; Khronos EGL Headers; Khronos Group - OpenCL; Microsoft Windows Universal-samples; Microsoft.Toolkit.Uwp; Nito.Mvvm.Async; half; intel media-driver; spdlog
THE MIT LICENSE
Copyright (c) 2019 <copyright holders>

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (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.

-------------------------------------------------
SOFTWARE: OpenSSL; OpenSSL Combined License
Copyright (c) 1998-2008 
The OpenSSL Project. All rights reserved. 
Redistribution and use in source and binary forms, with or without modification, 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. 

All advertising materials mentioning features or use of this software must display the following acknowledgment:
"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"

The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org. 

Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project. 

Redistributions of any form whatsoever must retain the following acknowledgment:
"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT "AS IS" AND ANY EXPRESSED 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 OpenSSL PROJECT OR ITS 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.
==================================================================== 
This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com). 
 
Original SSLeay License
----------------------- 
Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
All rights reserved. 
This package is an SSL implementation written by Eric Young (eay@cryptsoft.com).
The implementation was written so as to conform with Netscapes SSL. 
This library is free for commercial and non-commercial use as long as the following conditions are aheared to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com). Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed.
If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used.
This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package. 
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 
Redistributions of source code must retain the 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.

All advertising materials mentioning features or use of this software must display the following acknowledgement:
"This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)"
The word 'cryptographic' can be left out if the rouines from the library being used are not cryptographic related :-).

If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement: "This product includes software written by Tim Hudson (tjh@cryptsoft.com)" 
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG "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 AUTHOR 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. 
The licence and distribution terms for any publically available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence.] 


-------------------------------------------------
SOFTWARE: Python
Python 3.0a1 License
PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2

This LICENSE AGREEMENT is between the Python Software Foundation ("PSF"), and the Individual or Organization ("Licensee") accessing and otherwise using this software ("Python") in source or binary form and its associated documentation. 

Subject to the terms and conditions of this License Agreement, PSF hereby grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use Python alone or in any derivative version, provided, however, that PSF's License Agreement and PSF's notice of copyright, i.e., "Copyright (c) 2001, 2002, 2003, 2004, 2005, 2006, 2007 Python Software Foundation; All Rights Reserved" are retained in Python alone or in any derivative version prepared by Licensee. 

In the event Licensee prepares a derivative work that is based on or incorporates Python or any part thereof, and wants to make the derivative work available to others as provided herein, then Licensee hereby agrees to include in any such work a brief summary of the changes made to Python. 

PSF is making Python available to Licensee on an "AS IS" basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT INFRINGE ANY THIRD PARTY RIGHTS. 

PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. 

This License Agreement will automatically terminate upon a material breach of its terms and conditions. 

Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between PSF and Licensee. This License Agreement does not grant permission to use PSF trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party. 

By copying, installing or otherwise using Python, Licensee agrees to be bound by the terms and conditions of this License Agreement. 

-------------------------------------------------
SOFTWARE: Khronos Group - OpenGL ES; 
SGI FREE SOFTWARE LICENSE B
(Version 1.1 [02/22/2000])
1. Definitions.

1.1. "Additional Notice Provisions" means such additional provisions as appear in the Notice in Original Code under the heading "Additional Notice Provisions."

1.2. "Covered Code" means the Original Code or Modifications, or any combination thereof.

1.3. "Hardware" means any physical device that accepts input, processes input, stores the results of processing, and/or provides output.

1.4. "Larger Work" means a work that combines Covered Code or portions thereof with code not governed by the terms of this License.

1.5. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.

1.6. "License" means this document.

1.7. "Licensed Patents" means patent claims Licensable by SGI that are infringed by the use or sale of Original Code or any Modifications provided by SGI, or any combination thereof.

1.8. "Modifications" means any addition to or deletion from the substance or structure of the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is: 

A. Any addition to the contents of a file containing Original Code and/or addition to or deletion from the contents of a file containing previous Modifications.

B. Any new file that contains any part of the Original Code or previous Modifications.

1.9."Notice" means any notice in Original Code or Covered Code, as required by and in compliance with this License.

1.10. "Original Code" means source code of computer software code that is described in the source code Notice required by Exhibit A as Original Code, and updates and error corrections specifically thereto.

1.11. "Recipient" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 8. For legal entities, "Recipient" includes any entity that controls, is controlled by, or is under common control with Recipient. For purposes of this definition, "control" of an entity means (a) the power, direct or indirect, to direct or manage such entity, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

1.12. "Recipient Patents" means patent claims Licensable by a Recipient that are infringed by the use or sale of Original Code or any Modifications provided by SGI, or any combination thereof. 

1.13. "SGI" means Silicon Graphics, Inc.

1.14. "SGI Patents" means patent claims Licensable by SGI other than the Licensed Patents.

2. License Grant and Restrictions.

2.1.SGI License Grant. Subject to the terms of this License and any third party intellectual property claims, for the duration of intellectual property protections inherent in the Original Code, SGI hereby grants Recipient a worldwide, royalty-free, non-exclusive license, to do the following: (i) under copyrights Licensable by SGI, to reproduce, distribute, create derivative works from, and, to the extent applicable, display and perform the Original Code and/or any Modifications provided by SGI alone and/or as part of a Larger Work; and (ii) under any Licensable Patents, to make, have made, use, sell, offer for sale, import and/or otherwise transfer the Original Code and/or any Modifications provided by SGI. Recipient accepts the terms and conditions of this License by undertaking any of the aforementioned actions. The patent license shall apply to the Covered Code if, at the time any related Modification is added, such addition of the Modification causes such combination to be covered by the Licensed Patents. The patent license in Section 2.1(ii) shall not apply to any other combinations that include the Modification. No patent license is provided under SGI Patents for infringements of SGI Patents by Modifications not provided by SGI or combinations of Original Code and Modifications not provided by SGI. 

2.2.Recipient License Grant. Subject to the terms of this License and any third party intellectual property claims, Recipient hereby grants SGI and any other Recipients a worldwide, royalty-free, non-exclusive license, under any Recipient Patents, to make, have made, use, sell, offer for sale, import and/or otherwise transfer the Original Code and/or any Modifications provided by SGI.

2.3.No License For Hardware Implementations. The licenses granted in Section 2.1 and 2.2 are not applicable to implementation in Hardware of the algorithms embodied in the Original Code or any Modifications provided by SGI .

3. Redistributions. 

3.1.Retention of Notice/Copy of License. The Notice set forth in Exhibit A, below, must be conspicuously retained or included in any and all redistributions of Covered Code. For distributions of the Covered Code in source code form, the Notice must appear in every file that can include a text comments field; in executable form, the Notice and a copy of this License must appear in related documentation or collateral where the Recipients rights relating to Covered Code are described. Any Additional Notice Provisions which actually appears in the Original Code must also be retained or included in any and all redistributions of Covered Code.

3.2.Alternative License. Provided that Recipient is in compliance with the terms of this License, Recipient may, so long as without derogation of any of SGIs rights in and to the Original Code, distribute the source code and/or executable version(s) of Covered Code under (1) this License; (2) a license identical to this License but for only such changes as are necessary in order to clarify Recipients role as licensor of Modifications; and/or (3) a license of Recipients choosing, containing terms different from this License, provided that the license terms include this Section 3 and Sections 4, 6, 7, 10, 12, and 13, which terms may not be modified or superseded by any other terms of such license. If Recipient elects to use any license other than this License, Recipient must make it absolutely clear that any of its terms which differ from this License are offered by Recipient alone, and not by SGI. It is emphasized that this License is a limited license, and, regardless of the license form employed by Recipient in accordance with this Section 3.2, Recipient may relicense only such rights, in Original Code and Modifications by SGI, as it has actually been granted by SGI in this License.

3.3.Indemnity. Recipient hereby agrees to indemnify SGI for any liability incurred by SGI as a result of any such alternative license terms Recipient offers.

4. Termination. This License and the rights granted hereunder will terminate automatically if Recipient breaches any term herein and fails to cure such breach within 30 days thereof. Any sublicense to the Covered Code that is properly granted shall survive any termination of this License, absent termination by the terms of such sublicense. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive.

5. No Trademark Or Other Rights. This License does not grant any rights to: (i) any software apart from the Covered Code, nor shall any other rights or licenses not expressly granted hereunder arise by implication, estoppel or otherwise with respect to the Covered Code; (ii) any trade name, trademark or service mark whatsoever, including without limitation any related right for purposes of endorsement or promotion of products derived from the Covered Code, without prior written permission of SGI; or (iii) any title to or ownership of the Original Code, which shall at all times remains with SGI. All rights in the Original Code not expressly granted under this License are reserved. 

6. Compliance with Laws; Non-Infringement. There are various worldwide laws, regulations, and executive orders applicable to dispositions of Covered Code, including without limitation export, re-export, and import control laws, regulations, and executive orders, of the U.S. government and other countries, and Recipient is reminded it is obliged to obey such laws, regulations, and executive orders. Recipient may not distribute Covered Code that (i) in any way infringes (directly or contributorily) any intellectual property rights of any kind of any other person or entity or (ii) breaches any representation or warranty, express, implied or statutory, to which, under any applicable law, it might be deemed to have been subject.

7. Claims of Infringement. If Recipient learns of any third party claim that any disposition of Covered Code and/or functionality wholly or partially infringes the third party's intellectual property rights, Recipient will promptly notify SGI of such claim.

8. Versions of the License. SGI may publish revised and/or new versions of the License from time to time, each with a distinguishing version number. Once Covered Code has been published under a particular version of the License, Recipient may, for the duration of the license, continue to use it under the terms of that version, or choose to use such Covered Code under the terms of any subsequent version published by SGI. Subject to the provisions of Sections 3 and 4 of this License, only SGI may modify the terms applicable to Covered Code created under this License.

9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SGI ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.

10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO RECIPIENT.

11. Indemnity. Recipient shall be solely responsible for damages arising, directly or indirectly, out of its utilization of rights under this License. Recipient will defend, indemnify and hold harmless Silicon Graphics, Inc. from and against any loss, liability, damages, costs or expenses (including the payment of reasonable attorneys fees) arising out of Recipient's use, modification, reproduction and distribution of the Covered Code or out of any representation or warranty made by Recipient.

12. U.S. Government End Users. The Covered Code is a "commercial item" consisting of "commercial computer software" as such terms are defined in title 48 of the Code of Federal Regulations and all U.S. Government End Users acquire only the rights set forth in this License and are subject to the terms of this License.

13. Miscellaneous. This License represents the complete agreement concerning the its subject matter. If any provision of this License is held to be unenforceable, such provision shall be reformed so as to achieve as nearly as possible the same legal and economic effect as the original provision and the remainder of this License will remain in effect. This License shall be governed by and construed in accordance with the laws of the United States and the State of California as applied to agreements entered into and to be performed entirely within California between California residents. Any litigation relating to this License shall be subject to the exclusive jurisdiction of the Federal Courts of the Northern District of California (or, absent subject matter jurisdiction in such courts, the courts of the State of California), with venue lying exclusively in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License.

Exhibit A

License Applicability. Except to the extent portions of this file are made subject to an alternative license as permitted in the SGI Free Software License B, Version 1.1 (the "License"), the contents of this file are subject only to the provisions of the License. You may not use this file except in compliance with the License. You may obtain a copy of the License at Silicon Graphics, Inc., attn: Legal Services, 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, or at: 

http://oss.sgi.com/projects/FreeB

Note that, as provided in the License, the Software is distributed on an "AS IS" basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Original Code. The Original Code is: [name of software, version number, and release date], developed by Silicon Graphics, Inc. The Original Code is Copyright (c) [dates of first publication, as appearing in the Notice in the Original Code] Silicon Graphics, Inc. Copyright in any portions created by third parties is as indicated elsewhere herein. All Rights Reserved.

Additional Notice Provisions: [such additional provisions, if any, as appear in the Notice in the Original Code under the heading "Additional Notice Provisions"]

-------------------------------------------------
SOFTWARE: Khronos Group OpenGL Registry; 
SGI FREE SOFTWARE LICENSE B (Version 2.0, Sept. 18, 2008)
Copyright (C) [dates of first publication] Silicon Graphics, Inc. All Rights Reserved. 
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (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 including the dates of first publication and either this permission notice or a reference to http://oss.sgi.com/projects/FreeB/ 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 SILICON GRAPHICS, INC. 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 Silicon Graphics, Inc. shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from Silicon Graphics, Inc. 

-------------------------------------------------
SOFTWARE: Silicon Graphics OpenGL
Silicon Graphics New License
(c) Copyright 1994-9, Silicon Graphics, Inc.
ALL RIGHTS RESERVED 
Permission to use, copy, modify, and distribute this software for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both the copyright notice and this permission notice appear in supporting documentation, and that the name of Silicon Graphics, Inc. not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. 
THE MATERIAL EMBODIED ON THIS SOFTWARE IS PROVIDED TO YOU "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SILICON GRAPHICS, INC. BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF USE, SAVINGS OR REVENUE, OR THE CLAIMS OF THIRD PARTIES, WHETHER OR NOT SILICON GRAPHICS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE OR PERFORMANCE OF THIS SOFTWARE. 

------------------------------------------------
SOFTWARE: AES - ADVANCED ENCRYPTION STANDARD; TINYXML2; ZLIB
The zlib/libpng License
Copyright (c) 2019 

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.