Philips S10A, s10 user manual G l i s h

INDEMNITY.You agree to fully defend and indemnify Freescale from any and all claims, liabilities, and costs (including reasonable attorney’s fees) related to (1) your use (including your sublicensee’s use, if permitted) of the Software or (2) your violation of the terms and conditions of this Agreement.

LIMITATION OF LIABILITY. IN NO EVENT WILL FREESCALE BE LIABLE, WHETHER IN CONTRACT,TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. FREESCALE’S TOTAL LIABILITY FOR ANY AND ALL COSTS, DAMAGES, CLAIMS, OR LOSSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR PRODUCT(S) SUPPLIED UNDER

THIS AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT PAID BY LICENSEE TO FREESCALE IN CONNECTION WITH THE LICENSED SOFTWARE TO WHICH LOSSES OR DAMAGES ARE CLAIMED.

COMPLIANCE WITH LAWS; EXPORT RESTRICTIONS.You must use the Software in accordance with all applicable export laws, regulations and statutes. You agree that neither you nor your licensees (if any) intend to or will, directly or indirectly, export or transmit the Software to any country in violation of. any export restrictions.

GOVERNMENT USE. Use of the Software and any corresponding documentation, if any, is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(l) and (2) of the Commercial Computer Software--Restricted

Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Freescale Semiconductor, Inc., 6501 William Cannon Drive West, Austin,TX, 78735.

HIGH RISK ACTIVITIES. You acknowledge that the Software is not fault tolerant and is not designed, manufactured or intended by Freescale for incorporation into products intended for use or resale in on-line control equipment

in hazardous, dangerous to life or potentially life-threatening environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapons systems, in which the failure of products could lead directly to death, personal injury or severe physical or environmental damage (“High Risk Activities”). You specifically represent and warrant that you will not use the Software or any derivative work of the Software for High Risk Activities.

CHOICE OF LAW;VENUE; LIMITATIONS. You agree that the statutes and laws of the United States and the State of Texas, USA, without regard to conflicts of laws principles, will apply to all matters relating to this Agreement or the Software, and you agree that any litigation will be subject to the exclusive jurisdiction of the state or federal courts in Texas, USA.

PRODUCT LABELING. You are not authorized to use any Freescale trademarks, brand names, or logos.

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and Freescale regarding the subject matter of this Agreement, and supersedes all prior communications, negotiations, understandings, agreements or representations, either written or oral, if any. This Agreement may only be amended in written form, executed by you and Freescale.

SEVERABILITY. If any provision of this Agreement is held for any reason to be invalid

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