End-User Licence Agreement for ARM Multi-ICE Software Version 2.2.6

IMPORTANT: READ CAREFULLY PRIOR TO ANY USE OF THE SOFTWARE

You are in possession of certain software ("Software") identified in the attached Schedule 1. The Software is owned by ARM Limited ("ARM") and is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. You were advised, at the time that the Software was provided to you, that any use, by you, of the Software will be regulated by the terms and conditions of this Agreement ("Agreement").

ACCEPTANCE
If you agree with and wish to accept the terms and conditions of this Agreement it shall become a legally binding agreement between you and ARM and you may proceed to install, copy and use the Software in accordance with the terms and conditions of the Agreement.

REJECTION AND RIGHT TO A REFUND
If you do not agree with or do not wish to be bound by the terms and conditions of this Agreement you may NOT install, copy or use the Software and should promptly return the Software to the person who provided it to you.

TERMS AND CONDITIONS

1. Software Licence Grant

ARM hereby grants to you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable, worldwide licence to;

(i)	use and copy (subject to the restrictions set out in Clause 2 hereof) the Software identified in Schedule 1 Part A;

(ii)	use, copy (subject to the restrictions set out in Clause 2 hereof) and modify the Software identified in Schedule 1 Part B;

(iii)	incorporate into software application programs that you develop, any binary code derived from the Software, identified in Schedule 1 Part B, and any binary code derived from any modified version of the Software identified in Schedule 1 Part B;

(iv)	distribute and sub-license the use (subject to terms and conditions substantially similar to this Agreement) of the binary code derived from the Software identified in Schedule 1 Part B, and from any modified version of the Software identified in Schedule 1 Part B, provided that such binary code is incorporated into a software application program developed by you; and

(v)	use (subject to the restrictions set out in Clause 2 hereof) the Documentation identified in Schedule 1 Part C.

2. Restrictions on Use of the Software

Except for the making of one additional copy of the Software and Documentation for backup purposes only, copying of the Software by you is limited to the extent necessary for; (a) use of the Software in conjunction with a single Multi-ICE hardware unit purchased directly or indirectly from ARM; and (b) distributing derived binary code incorporated under this Agreement into software application programs developed by you.

You shall not reverse engineer, decompile or disassemble any of the Software identified in Schedule 1 Part A except and only to the extent that such activity is permitted by applicable law notwithstanding this restriction.  If the Software was provided to you in Europe you shall not reverse engineer, decompile or disassemble any of the Software identified in Schedule 1 Part A for the purposes of error correction.

You shall not make copies of the Documentation identified in Schedule 1 Part C.

You shall not remove from the Software any copyright notice or other notice and shall ensure that any such notice is reproduced in any copies of the Software made by you.

3. Ownership and Title to the Software and Documentation

You acquire no rights to the Software other than as expressly provided by this Agreement. All right, title, and interest in and to the Software and Documentation shall remain vested in ARM.

4. Restrictions on Transfer of Licensed Rights

The rights granted to you under this agreement may not be, assigned, sub-licensed or otherwise transferred by you to any third party without the prior written consent of ARM.  You shall not rent or lease the Software.

THE SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS". EXCEPT AS PROVIDED ABOVE ARM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

5. 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 THIS AGREEMENT AND/OR 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.

6. Term and termination

This Agreement 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 the Agreement then ARM may terminate the Agreement immediately upon giving written notice to you.

You may terminate this Agreement at any time.

Upon termination of this Agreement 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 6, 7, 8 and 9 shall survive termination of the Agreement.

7. Third Party Rights

An entity which is not expressly a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. 

8. General

This Agreement is governed by English Law.

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.  This Agreement cannot be modified by purchase orders, advertising or other representation by any person.

If any Clause in this Agreement is held by a court of law to be illegal or unenforceable the remaining provisions of the Agreement shall not be affected thereby.

The failure by ARM to enforce any of the provisions of this Agreement, unless waived in writing, shall not constitute a waiver of ARM's rights to enforce such provision or any other provision of the Agreement in future.



Schedule 1

ARM Multi-ICE Software Version 2.2.6

Part A (Object code)

Multi-ICE Server
Multi-ICE DLL
Parallel port driver
Portmap program
ARM Core drivers
rpc driver
onchiptrace.dll

Part B (Source Code)

Source code for TAPOp client interface.
Files: armperip.xml, armboard.xml


Part C (Documentation)

Multi-ICE User Guide.
Multi-ICE TAPOp API Reference Guide