END USER LICENCE AGREEMENT FOR THE MALI USERSPACE DRIVER ("Mali Driver")

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 INSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL OF 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, AND YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO YOUR SUPPLIER.

Applications means applications for use solely in conjunction with Mali-based products manufactured by or for ADVANCED MICRO DEVICES, INC. (AMD) under licence from ARM. 

Output means data resulting from your use of the Software and all direct and indirect derivatives thereof. 

Software means any software, firmware and data accompanying this Licence, any printed, electronic or online documentation supplied with it 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 of this Licence, a non-exclusive, non-transferable, revocable, worldwide licence to: 

(i)	use and copy solely the object code of the Software and certain components or optional functionality in the Software, as applicable, solely for the purposes of running Applications; and

(ii)	subject to Clause 1.2: (a) distribute the whole or any part of the Software together with, or as incorporated into, Applications to direct third party recipients (Recipients); and (b) sublicence Recipient the use of the object code of the Software.

1.2 	If you choose to redistribute the whole or any part of the Software pursuant to the licences granted in Clause 1.1(ii), you agree: (i) not to use ARM's or any of its licensors names, logos or trademarks to market Applications; (ii) to retain any and all copyright notices and other notices (whether ARM's or its licensor's) which are included with the Software; and (iii) where technology provided with the Software is either subject to the terms of a separate licence agreement or is in the public domain, you shall identify such technology, and any corresponding licences required in a file which is delivered with the Software to Recipient; (iv) distribute such Software subject to the terms of this Licence.

2. RESTRICTIONS ON USE OF THE SOFTWARE.

BENCHMARKING: This Licence does not prevent you from using the Software for benchmarking purposes. However, you shall ensure that any and all benchmarking data relating to the Software, and any other results of your use or testing of the Software which are indicative of its performance, efficacy, reliability or quality, shall not be used to disparage ARM, its products or services, or in a manner that, in ARM's reasonable judgment, may diminish or otherwise damage the reputation of ARM.

COPYRIGHT AND RESERVATION OF RIGHTS: The Software is owned by ARM or its licensors and is protected by copyright and other intellectual property laws and international treaties. The Software is licenced not sold. You acquire no rights to the Software other than as expressly provided by this Licence. 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 whole or any part of the Software made by you or other permitted users.

REVERSE ENGINEERING: Except to the extent that such activity is permitted by applicable law you shall not reverse engineer, decompile or disassemble any of the Software. If the Software was provided to you in Europe, you shall not reverse engineer, decompile or disassemble any of the Software for the purposes of error correction.

RESTRICTED USE:  You agree that you shall not use the Software or the Output other than pursuant to and in accordance with the exercise of any of the licences granted under this Licence. Without limiting the generality of the foregoing, you shall not use the Software or any Output: (a) for determining if any features, functions or processes provided by the Software are covered by any patents or patent applications owned by you or a third party; or (b)  for developing technology, applications or products which avoid  any of ARMs intellectual property in the Software licenced hereunder; or (c) as a reference for modifying existing patents or patent applications or creating any continuation, continuation in part, or extension of existing patents or patent applications.

SOFTWARE SUBJECT TO A SEPARATE LICENCE OR IN PUBLIC DOMAIN: Where technology provided with the Software is either subject to the terms of a separate licence agreement or is in the public domain, such technology is not covered under the terms and conditions of this Licence. Any such technology, and any corresponding licence required to be provided may be included in the documentation that is delivered with the Software.

3. SUPPORT.

ARM is not under an obligation to provide support, but it may do so at its own discretion, and if it does, it will only be in respect of the Software as delivered. 

4. NO WARRANTIES.

YOU AGREE THAT THE SOFTWARE IS LICENCED AS IS, AND THAT ARM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF APPLICATIONS, INCLUDING WITHOUT LIMITATION, APPLICATIONS DESIGNED OR INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS, WEAPONRY, AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

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 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 or ARMs fraud 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: (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 NOT ENLARGE 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 in accordance 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 of any of the terms and conditions of this Licence then ARM may terminate this Licence immediately upon giving written notice to you or on thirty (30) days written notice without cause. 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 2, 3, 4, 5, 6, 7, and 8 shall survive termination of this Licence.

8. GENERAL.

This Licence is governed by English Law. Except where ARM agrees otherwise in: (i) a written contract signed by you and ARM; or (ii) a written contract provided by ARM and accepted by you, 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 or sentence 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.

At ARM's request, you agree to check your computers for installations of the Software and any other information requested by ARM relating to Software installation and to provide this information to ARM. You agree that auditors nominated by ARM may also perform such checking and reporting on behalf of ARM by prior appointment during your normal business hours on seven (7) days' notice. ARM shall bear the auditors' costs for that audit unless it reveals unlicenced usage in which case you shall promptly reimburse ARM for all reasonable costs and expenses, including professional fees, relating to such audit. Any information which is disclosed to ARM or such auditors during checking or audit shall be treated as your confidential information and shall only be used by ARM for licence management, compliance and enforcement purposes.

The Software provided under this Licence may be subject to U.K., European Union, and U.S. export control and sanctions laws and regulations, including the U.S. Export Administration Regulations (EAR) (hereafter collectively referred to as Export Regulations).  You agree to comply fully with all applicable Export Regulations and you agree that you shall not, either directly or indirectly, export in breach of the Export Regulations any Software received under this Licence, nor any direct products thereof: (i) to any country, company or person subject to export restrictions or sanctions under the applicable Export Regulations without required export authorization; or (ii) for any prohibited end use, including, without limitation, nuclear, chemical, or biological weapons proliferation, which at the time of export requires an export licence or other governmental approval, without first obtaining such licence or approval and without prior written approval from ARM.  The specific export controls applicable to any Software is determined by the relevant ECCN.  ARM will provide ECCNs for licenced products upon request to tradecompliance@arm.com.  You are responsible for determining the jurisdiction and classification of the designs it creates using the Software.

The Software provided under this Licence are dual-use, and are not listed on the UK Military List, nor are they subject to the International Traffic in Arms Regulations (ITAR), the 500/600 Series of the EAR or other military export control regimes.  You are prohibited from sharing ITAR-controlled technical data, 500/600 series-controlled technology, UK Strategic military data, or any other data that might require an export licence or other export authorization, without prior written consent from ARM.  Further, ARM is expressly authorized to use non-U.S. citizens for the performance of this Licence with the exception of nationals of Country Group E:1 and E:2 as listed in Supp. 1 to Part 740 of the EAR, which shall only be permitted in full compliance with all applicable laws.








