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LICENSE AGREEMENT (\u0022Agreement\u0022) CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (\u0022Software\u0022). \u00a0BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. \u00a0IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE. \u00a0IF YOU HAVE PURCHASED THE SOFTWARE, YOUR RIGHT TO RETURN THE SOFTWARE EXPIRES 30 DAYS AFTER YOUR PURCHASE AND APPLIES ONLY TO THE ORIGINAL PURCHASER.\u003C\/p\u003E\n\u003Cp\u003ELicense. \u00a0Subject to the terms and conditions of this Agreement, Cypress Semiconductor Corporation (\u0022Cypress\u0022) and its suppliers grant to you a non-exclusive, non-transferable license under its copyright rights to use the Software in object code form solely for the purpose of creating programming code for use on Cypress hardware products and transfering such programming code onto such hardware products (\u0022Purpose\u0022). \u00a0For purposes of this Agreement, \u0022Software\u0022 shall also include any upgrades, updates, bug fixes or modified versions provided to you by Cypress. \u00a0You may make one backup copy of the Software.\u003C\/p\u003E\n\u003Cp\u003EFree and Open Source Software. \u00a0Portions of the Software may be licensed under free and\/or open source licenses such as the GNU General Public License (\u0022FOSS\u0022). \u00a0FOSS is subject to the applicable license agreement and not this Agreement. \u00a0If you are entitled to receive the source code from Cypress for any FOSS included with the Software, either the source code will \u00a0be included with the Software or you may obtain the source code at no charge from \u0026lt;\u003Ca href=\u0022http:\/\/www.cypress.com\/go\/opensource\u0026gt;\u0022\u003Ehttp:\/\/www.cypress.com\/go\/opensource\u0026gt;\u003C\/a\u003E. \u00a0The applicable license terms will accompany each source code package. \u00a0To review the license terms applicable to any FOSS for which Cypress is not required to provide you with source code, please see the Software\u0027s installation directory on your computer.\u003C\/p\u003E\n\u003Cp\u003ESource Code. \u00a0The Software may include source code of Cypress or its suppliers that is used to create applications that execute on Cypress hardware products or on other platforms in order to program Cypress hardware products (\u0022Cypress Source Code\u0022). \u00a0Applications that you create using the Software that execute on Cypress hardware products are referred to as \u0022Firmware.\u0022 \u00a0Applications that you create using the Software that execute on other platforms in order to program, control, or communicate with Cypress hardware products are referred to \u0022Host Applications.\u0022 \u00a0The Cypress Source Code, Host Applications, and Firmware are subject to the license granted in this paragraph and not the license granted in the paragraph entitled \u0022License.\u0022 \u00a0Subject to the terms and conditions of this Agreement, Cypress grants you a non-exclusive, non-transferable license under its copyright rights to (i) copy, use, modify, and compile the Cypress Source Code, Host Applications, and Firmware solely for the Purpose, and (ii) distribute Firmware in binary code form only, only when installed onto a Cypress hardware product, and (iii) distribute Host Applications, in binary code form only, only when installed on a device that includes a Cypress hardware product that the Host Application is intended to program, control, or communicate with, and (iv) to freely distribute any hardware setup information file (.inf file) created by the Software to allow a Microsoft Windows operating system to install the driver for a Cypress hardware product. \u00a0Cypress retains ownership of the Cypress Source Code and any compiled version thereof. \u00a0Subject to Cypress\u0027 ownership of the underlying Cypress Source Code and Software, you retain ownership of any modifications you make to the Cypress Source Code. \u00a0You agree not to remove any Cypress copyright or other notices from the Cypress Source Code and any modifications thereof. \u00a0You agree to keep the Cypress Source Code confidential. \u00a0Any reproduction, modification, translation, compilation, or representation of the Cypress Source Code except as permitted in this paragraph is prohibited without the express written permission of Cypress.\u003C\/p\u003E\n\u003Cp\u003EDriver Files. The Software may include driver files in binary code form, to allow the use of a Cypress hardware product with a particular host operating system (\u0022Driver\u0022). \u00a0Unless different license terms accompany a Driver, subject to the terms and conditions of this Agreement, Cypress grants you a non-exclusive, non-transferable license under its copyright rights to distribute the Driver, in binary code form only, only when installed on a device that includes the Cypress hardware product that the Driver is intended to enable.\u003C\/p\u003E\n\u003Cp\u003EProprietary Rights. \u00a0The Software, including all intellectual property rights therein, is and will remain the sole and exclusive property of Cypress or its suppliers. \u00a0Except as otherwise expressly provided in this Agreement, you may not: (i) modify, adapt, or create derivative works based upon the Software; (ii) copy the Software; (iii) except and only to the extent explicitly permitted by applicable law despite this limitation, decompile, translate, reverse engineer, disassemble or otherwise reduce the Software to human-readable form; or (iv) use the Software or any sample code other than for the Purpose.\u003C\/p\u003E\n\u003Cp\u003ENo Support. \u00a0Cypress may, but is not required to, provide technical support for the Software.\u003C\/p\u003E\n\u003Cp\u003ETerm and Termination. \u00a0This Agreement is effective until terminated, and either party may terminate this Agreement at any time with or without cause. \u00a0Your license rights under this Agreement will terminate immediately without notice from Cypress if you fail to comply with any provision of this Agreement. \u00a0Upon termination, you must destroy all copies of Software in your possession or control. \u00a0The following paragraphs shall survive any termination of this Agreement: \u0022Free and Open Source Software,\u0022 \u0022Proprietary Rights,\u0022 \u0022Compliance With Law,\u0022 \u0022Disclaimer,\u0022 \u0022Limitation of Liability,\u0022 and \u0022General.\u0022\u003C\/p\u003E\n\u003Cp\u003ECompliance With Law. \u00a0Each party agrees to comply with all applicable laws, rules and regulations in connection with its activities under this Agreement. \u00a0Without limiting the foregoing, the Software may be subject to export control laws and regulations of the United States and other countries. \u00a0You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import the Software.\u003C\/p\u003E\n\u003Cp\u003EDisclaimer. \u00a0TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYPRESS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cypress reserves the right to make changes to the Software without notice. Cypress does not assume any liability arising out of the application or use of Software or any product or circuit described in the Software. Cypress does not authorize its products for use as critical components in life-support systems where a malfunction or failure may reasonably be expected to result in significant injury to the user. The inclusion of Cypress\u2019 product in a life-support system or application implies that the manufacturer of such system or application assumes all risk of such use and in doing so indemnifies Cypress against all charges.\u003C\/p\u003E\n\u003Cp\u003ELimitation of Liability. \u00a0IN NO EVENT WILL CYPRESS OR ITS SUPPLIERS, RESELLERS, OR DISTRIBUTORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF CYPRESS OR ITS SUPPLIERS, RESELLERS, OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. \u00a0IN NO EVENT SHALL CYPRESS\u0027 OR ITS SUPPLIERS\u2019, RESELLERS\u2019, OR DISTRIBUTORS\u2019 TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE. \u00a0THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. \u00a0BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.\u003C\/p\u003E\n\u003Cp\u003ERestricted Rights. \u00a0The Software under this Agreement is commercial computer software as that term is described in 48 C.F.R. 252.227-7014(a)(1). \u00a0If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and\/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations (\u0022FAR\u0022) and its successors. \u00a0If acquired by or on behalf of any agency within the Department of Defense (\u0022DOD\u0022), the U.S. Government acquires this commercial computer software and\/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (\u0022DFAR\u0022) and its successors.\u003C\/p\u003E\n\u003Cp\u003EGeneral. \u00a0This Agreement will bind and inure to the benefit of each party\u2019s successors and assigns, provided that you may not assign or transfer this Agreement, in whole or in part, without Cypress\u0027 written consent. \u00a0This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. \u00a0The parties consent to personal and exclusive jurisdiction of and venue in, the state and federal courts within Santa Clara County, California; 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