END USER LICENCE AGREEMENT FOR THE MALI ASTC SPECIFICATION AND SOFTWARE CODEC,
THIS END USER LICENCE AGREEMENT (“LICENCE”) IS A LEGAL AGREEMENT BETWEEN YOU
(EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND ARM LIMITED (“ARM”)
FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS LICENCE. ARM IS ONLY WILLING
TO LICENCE THE SOFTWARE TO YOU ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS
IN THIS LICENCE. BY CLICKING “I AGREE” OR BY INSTALLING OR OTHERWISE USING
OR COPYING THE SOFTWARE YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL THE
TERMS OF THIS LICENCE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENCE
THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE.
“Authorised Purpose” means the use of the Software solely to develop products
and tools which implement the Khronos ASTC specification to;
(i) compress texture images into ASTC format (“Compression Results”);
(ii) distribute such Compression Results to third parties; and
(iii) decompress texture images stored in ASTC format.
“Software” means the source code and Software binaries accompanying this
Licence, and any printed, electronic or online documentation supplied with it,
in all cases relating to the MALI ASTC SPECIFICATION AND SOFTWARE CODEC.
2. LICENCE GRANT.
ARM hereby grants to you, subject to the terms and conditions of this Licence,
a nonexclusive, nontransferable, free of charge, royalty free, worldwide
licence to use, copy, modify and (subject to Clause 3 below) distribute the
Software solely for the Authorised Purpose.
No right is granted to use the Software to develop hardware.
Notwithstanding the foregoing, nothing in this Licence prevents you from
using the Software to develop products that conform to an application
programming interface specification issued by The Khronos Group Inc.
(“Khronos”), provided that you have licences to develop such products
under the relevant Khronos agreements.
3. RESTRICTIONS ON USE OF THE SOFTWARE.
RESTRICTIONS ON TRANSFER OF LICENCED RIGHTS: The rights granted to you under
this Licence may not be assigned by you to any third party without the prior
written consent of ARM.
TITLE AND RESERVATION OF RIGHTS: You acquire no rights to the Software other
than as expressly provided by this Licence. The Software is licenced not sold.
ARM does not transfer title to the Software to you. In no event shall the
licences granted in Clause 2 be construed as granting you expressly or by
implication, estoppel or otherwise, licences to any ARM technology other than
NOTICES: You shall not remove from the Software any copyright notice or other
notice (whether ARM’s or its licensor’s), and you shall ensure that any such
notice is reproduced in any copies of the whole or any part of the Software
made by you. You shall not use ARM’s or its licensor’s name, logo or
trademarks to market Compression Results. If you distribute the Software to a
third party, you agree to include a copy of this Licence with such
4. NO SUPPORT.
ARM has no obligation to support or to continue providing or updating any of
5. NO WARRANTIES.
YOU AGREE THAT THE SOFTWARE IS LICENCED “AS IS”, AND THAT ARM EXPRESSLY
DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS,
IMPLIED OR STATUTORY, TO THE FULLEST EXTENT PERMITTED BY LAW. YOU EXPRESSLY
ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF ANY APPLICATION
PROGRAMS YOU CREATE WITH THE SOFTWARE, AND YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.
6. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARM BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE THE
SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT, TORT OR OTHER LEGAL THEORY,
EVEN IF ARM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARM does not seek to limit or exclude liability for death or personal injury
arising from ARM’s negligence and because some jurisdictions do not permit the
exclusion or limitation of liability for consequential or incidental damages
the above limitation relating to 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 MADE AGAINST ARM
IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT MATTER
OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF THE TOTAL OF SUMS PAID BY YOU
TO ARM (IF ANY) FOR THIS LICENCE AND US$5.00.
7. U.S. GOVERNMENT END USERS.
US Government Restrictions: Use, duplication, reproduction, release,
modification, disclosure or transfer of this commercial product and
accompanying documentation is restricted in accordance with the terms
of this Licence.
8. 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 of any of the terms
and conditions of this Licence then ARM may terminate this Licence immediately
upon giving written notice to you. You may terminate this Licence at any time.
Upon termination of this Licence by you or by ARM you shall stop using the
Software and destroy all copies of the Software in your possession together
with all documentation and related materials. The provisions of Clauses 1, 3,
4, 5, 6, 7, 8 and 9 shall survive termination of this Licence.
This Licence is governed by English Law. Except where ARM agrees otherwise in
a written contract signed by you and ARM, this is the only agreement between
you and ARM relating to the Software and it may only be modified by written
agreement between you and ARM. Except as expressly agreed in writing, this
Licence may not be modified by purchase orders, advertising or other
representation by any person. If any clause in this Licence is held by a court
of law to be illegal or unenforceable the remaining provisions of this Licence
shall not be affected thereby. The failure by ARM to enforce any of the
provisions of this Licence, unless waived in writing, shall not constitute a
waiver of ARM’s rights to enforce such provision or any other provision of
this Licence in the future.
You agree to comply fully with all laws and regulations of the United States
and other countries (“Export Laws”) to assure that the Software is not;
(1) exported, directly or indirectly, in violation of Export Laws, either to
any countries that are subject to U.S.A. export restrictions or to any end
user who has been prohibited from participating in the U.S.A. export
transactions by any federal agency of the U.S.A. government; or
(2) intended to be used for any purpose prohibited by Export Laws, including,
without limitation, nuclear, chemical, or biological weapons proliferation.