LES-PRE-20769SP-Version: 1.025 November 2015END USER LICENCE AGREEMENT FOR THE MALI USERSPACE DRIVER ("Mali DRIVER")THIS END USER LICENCE AGREEMENT ("LICENCE") IS A LEGAL AGREEMENTBETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) ANDARM LIMITED ("ARM") FOR THE USE OF THE SOFTWARE ACCOMPANYING THISLICENCE. ARM IS ONLY WILLING TO LICENSE THE SOFTWARE TO YOU ONCONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BYINSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU INDICATETHAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS LICENCE. IF YOUDO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSETHE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE,AND YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO YOUR SUPPLIER."Applications" means applications for use solely in conjunction withMali-based products manufactured under licence from ARM."Output" means data resulting from your use of the Software and alldirect and indirect derivatives thereof."Software" means any software, firmware and data accompanying thisLicence, any printed, electronic or online documentation supplied withit under the terms of this Licence for the Mali Driver.1. LICENCE GRANTS TO YOU.1.1 ARM hereby grants to you, subject to the terms and conditions ofthis Licence, a non-exclusive, non-transferable, revocable, worldwidelicence to:(i)use and copy the Software or certain components or optionalfunctionality in the Software, as applicable, solely for thepurposes of running, designing or developing Applications; and(ii)subject to Clause 1.2, distribute the whole of the Software;and/or (b) the whole or any part of the Software togetherwith, or as incorporated into, Applications; and1.2 If you choose to redistribute the whole or any part of theSoftware pursuant to the licences granted in Clause 1.1(ii), youagree: (i) not to use ARM's or any of its licensors names, logos ortrademarks to market Applications; (ii) to retain any and allcopyright notices and other notices (whether ARM's or its licensor's)which are included with the Software; and (iii) include a copy of thisLicence with such redistribution.2. RESTRICTIONS ON USE OF THE SOFTWARE.BENCHMARKING: This Licence does not prevent you from using theSoftware for benchmarking purposes. However, you shall ensure that anyand all benchmarking data relating to the Software, and any otherresults of your use or testing of the Software which are indicative ofits performance, efficacy, reliability or quality, shall not be usedto disparage ARM, its products or services, or in a manner that, inARM's reasonable judgment, may diminish or otherwise damage thereputation of ARM.COPYRIGHT AND RESERVATION OF RIGHTS: The Software is owned by ARM orits licensors and is protected by copyright and other intellectualproperty laws and international treaties. The Software is licensed notsold. You acquire no rights to the Software other than as expresslyprovided by this Licence. You shall not remove from the Software anycopyright notice or other notice and shall ensure that any such noticeis reproduced in any copies of the whole or any part of the Softwaremade by you or other permitted users.REVERSE ENGINEERING: Except to the extent that such activity ispermitted by applicable law you shall not reverse engineer, decompileor disassemble any of the Software. If the Software was provided toyou in Europe you shall not reverse engineer, decompile or disassembleany of the Software for the purposes of error correction.RESTRICTED USE: You agree that you shall not use the Software or theOutput other than pursuant to and in accordance with the exercise ofany of the licences granted under this Licence. Without limiting thegenerality of the foregoing, you shall not use the Software or anyOutput: (a) for determining if any features, functions or processesprovided by the Software are covered by any patents or patentapplications owned by you or a third party; or (b) for developingtechnology, applications or products which avoid any of ARM'sintellectual property in the Software licensed hereunder; or (c) as areference for modifying existing patents or patent applications orcreating any continuation, continuation in part, or extension ofexisting patents or patent applications.3. SUPPORT.ARM is not under an obligation to provide support, but it may do so atits own discretion, and if it does, it will only be in respect of theSoftware as delivered.4. NO WARRANTIES.YOU AGREE THAT THE SOFTWARE IS LICENSED "AS IS", AND THAT ARMEXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OROTHER TERMS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUTLIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORYQUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATIONOF APPLICATIONS, INCLUDING WITHOUT LIMITATION, APPLICATIONS DESIGNEDOR INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS,WEAPONRY, AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULDTHE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALLNECESSARY SERVICING, REPAIR OR CORRECTION.5. LIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALLARM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIALDAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE ORINABILITY TO USE THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT,TORT OR OTHER LEGAL THEORY, EVEN IF ARM WAS ADVISED OF THE POSSIBILITYOF SUCH DAMAGES.ARM does not seek to limit or exclude liability for death or personalinjury arising from ARM's negligence or ARM's fraud and because somejurisdictions do not permit the exclusion or limitation of liabilityfor consequential or incidental damages the above limitation relatingto liability for consequential damages may not apply to you.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE,THE MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADEAGAINST ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITHTHE SUBJECT MATTER OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF:(I) THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE;AND (II) $10.00 USD. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOTENLARGE OR EXTEND THE LIMIT.6. U.S. GOVERNMENT END USERS.US Government Restrictions: Use, duplication, reproduction, release,modification, disclosure or transfer of the Software is restricted inaccordance with the terms of this Licence.7. TERM AND TERMINATION.This Licence shall remain in force until terminated by you or by ARM.Without prejudice to any of its other rights if you are in breach ofany of the terms and conditions of this Licence then ARM may terminatethis Licence immediately upon giving written notice to you or onthirty (30) days written notice without cause. You may terminate thisLicence at any time. Upon termination of this Licence by you or by ARM, you shall stop using the Software and destroy all copies of theSoftware in your possession, together with all documentation andrelated materials. The provisions of clauses 2, 3, 4, 5, 6, 7, and 8shall survive termination of this Licence.8. GENERAL.This Licence is governed by English Law. Except where ARM agreesotherwise in: (i) a written contract signed by you and ARM; or (ii) awritten contract provided by ARM and accepted by you, this is the onlyagreement between you and ARM relating to the Software and it may onlybe modified by written agreement between you and ARM. Except asexpressly agreed in writing, this Licence may not be modified bypurchase orders, advertising or other representation by any person. Ifany clause or sentence in this Licence is held by a court of law to beillegal or unenforceable the remaining provisions of this Licenceshall not be affected thereby. The failure by ARM to enforce any ofthe provisions of this Licence, unless waived in writing, shall notconstitute a waiver of ARM's rights to enforce such provision or anyother provision of this Licence in the future.At ARM's request, you agree to check your computers for installationsof the Software and any other information requested by ARM relating toSoftware installation and to provide this information to ARM. Youagree that auditors nominated by ARM may also perform such checkingand reporting on behalf of ARM by prior appointment during your normalbusiness hours on seven (7) days' notice. ARM shall bear the auditors'costs for that audit unless it reveals unlicensed usage in which caseyou shall promptly reimburse ARM for all reasonable costs andexpenses, including professional fees, relating to such audit. Anyinformation which is disclosed to ARM or such auditors during checkingor audit shall be treated as your confidential information and shallonly be used by ARM for licence management, compliance and enforcementpurposes.The Software provided under this Agreement is subject to U.K.,European Union, and U.S. export control laws and regulations,including the U.S. Export Administration Act and its associatedregulations (hereafter collectively referred to as "ExportRegulations").  LICENSEE agrees to comply fully with all such ExportRegulations and LICENSEE agrees that it shall not, either directly orindirectly, export in breach of the Export Regulations, any Softwarereceived under this Agreement, nor any direct products thereof; (i) toany country, company or person subject to export restrictions orsanctions under the Export Regulations; or (ii) for any prohibited enduse, which at the time of export requires an export license or othergovernmental approval, without first obtaining such license orapproval.