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licence.txt
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licence.txt
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Software License Agreement
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS PRIOR TO USING THE
ERICSSON TEXTURE COMPRESSION CODEC SOFTWARE (THE "SOFTWARE"). THE USE
OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE
FOLLOWING SOFTWARE LICENSE AGREEMENT (THE "SLA"). IF YOU DO NOT ACCEPT
SUCH TERMS AND CONDITIONS YOU MAY NOT USE THE SOFTWARE.
Subject to the terms and conditions of the SLA, the licensee of the
Software (the "Licensee") hereby, receives a non-exclusive,
non-transferable, limited, free-of-charge, perpetual and worldwide
license, to copy, use, distribute and modify the Software, but only
for the purpose of developing, manufacturing, selling, using and
distributing products including the Software in binary form, which
products are used for compression and/or decompression according to
the Khronos standard specifications OpenGL, OpenGL ES and
WebGL. Notwithstanding anything of the above, Licensee may distribute
[etcdec.cxx] in source code form provided (i) it is in unmodified
form; and (ii) it is included in software owned by Licensee.
If Licensee institutes, or threatens to institute, patent litigation
against Ericsson or Ericsson's affiliates for using the Software for
developing, having developed, manufacturing, having manufactured,
selling, offer for sale, importing, using, leasing, operating,
repairing and/or distributing products (i) within the scope of the
Khronos framework; or (ii) using software or other intellectual
property rights owned by Ericsson or its affiliates and provided under
the Khronos framework, Ericsson shall have the right to terminate this
SLA with immediate effect. Moreover, if Licensee institutes, or
threatens to institute, patent litigation against any other licensee
of the Software for using the Software in products within the scope of
the Khronos framework, Ericsson shall have the right to terminate this
SLA with immediate effect. However, should Licensee institute, or
threaten to institute, patent litigation against any other licensee of
the Software based on such other licensee's use of any other software
together with the Software, then Ericsson shall have no right to
terminate this SLA.
This SLA does not transfer to Licensee any ownership to any Ericsson
or third party intellectual property rights. All rights not expressly
granted by Ericsson under this SLA are hereby expressly
reserved. Furthermore, nothing in this SLA shall be construed as a
right to use or sell products in a manner which conveys or purports to
convey whether explicitly, by principles of implied license, or
otherwise, any rights to any third party, under any patent of Ericsson
or of Ericsson's affiliates covering or relating to any combination of
the Software with any other software or product (not licensed
hereunder) where the right applies specifically to the combination and
not to the software or product itself.
THE SOFTWARE IS PROVIDED "AS IS". ERICSSON MAKES NO REPRESENTATIONS OF
ANY KIND, EXTENDS NO WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
EXPRESS, IMPLIED OR STATUTORY; INCLUDING, BUT NOT LIMITED TO, EXPRESS,
IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF TITLE,
MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SOFTWARE IS WITH THE LICENSEE. SHOULD THE SOFTWARE PROVE
DEFECTIVE, THE LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. ERICSSON MAKES NO WARRANTY THAT THE MANUFACTURE,
SALE, OFFERING FOR SALE, DISTRIBUTION, LEASE, USE OR IMPORTATION UNDER
THE SLA WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER
INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND THE VALIDITY OF THE
LICENSE AND THE SLA ARE SUBJECT TO LICENSEE'S SOLE RESPONSIBILITY TO
MAKE SUCH DETERMINATION AND ACQUIRE SUCH LICENSES AS MAY BE NECESSARY
WITH RESPECT TO PATENTS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY OF
THIRD PARTIES.
THE LICENSEE ACKNOWLEDGES AND ACCEPTS THAT THE SOFTWARE (I) IS NOT
LICENSED FOR; (II) IS NOT DESIGNED FOR OR INTENDED FOR; AND (III) MAY
NOT BE USED FOR; ANY MISSION CRITICAL APPLICATIONS SUCH AS, BUT NOT
LIMITED TO OPERATION OF NUCLEAR OR HEALTHCARE COMPUTER SYSTEMS AND/OR
NETWORKS, AIRCRAFT OR TRAIN CONTROL AND/OR COMMUNICATION SYSTEMS OR
ANY OTHER COMPUTER SYSTEMS AND/OR NETWORKS OR CONTROL AND/OR
COMMUNICATION SYSTEMS ALL IN WHICH CASE THE FAILURE OF THE SOFTWARE
COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, MATERIAL OR
ENVIRONMENTAL DAMAGE. LICENSEE'S RIGHTS UNDER THIS LICENSE WILL
TERMINATE AUTOMATICALLY AND IMMEDIATELY WITHOUT NOTICE IF LICENSEE
FAILS TO COMPLY WITH THIS PARAGRAPH.
IN NO EVENT SHALL ERICSSON BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, ANY GENERAL, SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING
BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERUPTIONS, OR ANY
OTHER COMMERCIAL DAMAGES OR LOSSES, LOSS OF DATA OR DATA BEING
RENDERED INACCURATE OR LOSSES SUSTAINED BY THE LICENSEE OR THIRD
PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER
SOFTWARE) REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR
OTHERWISE), EVEN IF THE LICENSEE OR ANY OTHER PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Licensee acknowledges that "ERICSSON ///" is the corporate trademark
of Telefonaktiebolaget LM Ericsson and that both "Ericsson" and the
figure "///" are important features of the trade names of
Telefonaktiebolaget LM Ericsson. Nothing contained in these terms and
conditions shall be deemed to grant Licensee any right, title or
interest in the word "Ericsson" or the figure "///". No delay or
omission by Ericsson to exercise any right or power shall impair any
such right or power to be construed to be a waiver thereof. Consent by
Ericsson to, or waiver of, a breach by the Licensee shall not
constitute consent to, waiver of, or excuse for any other different or
subsequent breach.
This SLA shall be governed by the substantive law of Sweden. Any
dispute, controversy or claim arising out of or in connection with
this SLA, or the breach, termination or invalidity thereof, shall be
submitted to the exclusive jurisdiction of the Swedish Courts.