Subversion Repositories openmsp430

PLEASE READ THIS EEMBC COREMARK SOFTWARE LICENSE AGREEMENT 
("LICENSE") BEFORE USING THE EEMBC COREMARK SOFTWARE.  BY 
USING THE EEMBC COREMARK SOFTWARE, YOU ARE AGREEING TO BE 
BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE 
TERMS OF THIS LICENSE, DO NOT DOWNLOAD OR USE THE EEMBC 
COREMARK SOFTWARE.

1. General.  The software and documentation accompanying this License whether on 
disk, in read only memory, on any other media or in any other form (collectively the 
"Software") are licensed, not sold, to you by Embedded Microprocessor Benchmark 
Consortium ("EEMBC") for use only under the terms of this License, and EEMBC 
reserves all rights not expressly granted to you.  The rights granted herein are limited to 
EEMBC's members and its licensors' intellectual property rights in the EEMBC 
COREMARK Software and do not include any other patents or intellectual property 
rights.  The terms of this License will govern any software upgrades provided by EEMBC 
that replace and/or supplement the original EEMBC COREMARK SOFTWARE 
product, unless such upgrade is accompanied by a separate license in which case the terms 
of that license will govern. 

2. Permitted License Uses and Restrictions.  This License allows you to download, install, 
and use the EEMBC COREMARK Software only as expressly permitted under this 
License. For the avoidance of doubt you may make only that number of copies of the 
EEMBC COREMARK Software as are reasonably necessary in order to effectuate the 
purposes for which the EEMBC COREMARK Software is intended. You may not make 
the EEMBC COREMARK Software available over a network where it could be used by 
multiple platforms or multiple users at the same time or for use via data hosting, time 
sharing or service bureau usage.  Except as and only to the extent expressly permitted in 
this License or by applicable law, you may not copy or create derivative works of the 
EEMBC COREMARK Software or any part thereof. The EEMBC COREMARK 
SOFTWARE is not intended for any inherently dangerous use, including without 
limitation for use in the operation of nuclear facilities, aircraft navigation or 
communication systems, air traffic control systems, life support machines or other 
equipment in which the failure of the EEMBC COREMARK SOFTWARE COULD 
LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR 
ENVIRONMENTAL DAMAGE.  

3.  Transfer.  You may not rent, lease, lend, license, sublicense or otherwise transfer any 
rights to use or possess the EEMBC COREMARK Software.

4.  Enhancements by EEMBC.  In the event that at any time EEMBC makes any 
enhancement, update, or modification to the EEMBC COREMARK Software or 
becomes the owner of any new enhancement, update, or modification to the EEMBC 
COREMARK Software, then upon notice to you, EEMBC may in its absolute discretion, 
require that you migrate to any such enhancement, update, or modification which shall 
automatically and without further action by either EEMBC or you become incorporated 
into this Agreement without further consideration, and you shall have the same right and 
license to use and exploit the same as it is granted hereunder with respect to the original 
EEMBC COREMARK Software. You agree that all rights in and to enhancements, 
updates, and modifications effected by EEMBC, if any, to the EEMBC COREMARK 
Software, shall remain the sole and exclusive property of EEMBC.  Nothing contained 
herein shall obligate EEMBC to create any new enhancement, update or modifications to 
the EEMBC COREMARK Software, to make such enhancement, update or 
modifications available free of charge or to provide any maintenance and technical 
support services.
        
5.  Enhancements by Licensee.  The Licensee shall have the right, in its discretion, to 
independently modify, improve, or enhance the EEMBC COREMARK Software.  The 
parties agree that all rights in and to the modifications, improvements, and enhancements 
solely made by Licensee, if any, to the EEMBC COREMARK Software, shall remain the 
and enhancements.

6.  Use of Trademark. You agree that you will not, without the prior written consent of 
EEMBC, use in advertising, publicity, packaging, labeling, or otherwise any trade name, 
trademark, service mark, symbol, or any other identification owned by EEMBC to 
identify any of its products or services.

7.  Delivery.  The EEMBC COREMARK Software will only be available by 
with the current policies and procedures of EEMBC.  EEMBC reserves the right to 
modify such procedures in its sole and absolute discretion.

8.  Term and Termination.  
        a.  Term.  The term of this Agreement shall continue so long as you are not in 
Default as set forth in Section 8(b). 

        b.  Termination.  This Agreement and the License granted herein will 
automatically terminate if you commit an act of or are subject to any Default. A Default 
means you breach a term or condition of this Agreement, including, but not limited to you 
assigning or purporting to assign any of the rights granted herein without the prior written 
approval of EEMBC. Upon the occurrence of a Default, this Agreement shall 
and, except as provided herein, are in addition to any other rights EEMBC may have at 
law or in equity.

        c.  Effect of Termination. Upon the expiration or termination of this Agreement, 
the rights granted to you hereunder shall immediately cease and discontinue, and you 
shall be required to immediately return any and all materials and deliverables provided to 
you under this Agreement, including without limitation, the EEMBC COREMARK 
Software.  The provisions contained in Sections 3, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, and 
16 shall survive any such termination or expiration.

9. No Warranty.  EEMBC provides no warranty for the EEMBC COREMARK 
Software.

10. Disclaimer of Warranties. You expressly acknowledge and agree that use of the 
EEMBC COREMARK SOFTWARE is at your sole risk and that the entire risk as to 
satisfactory quality, performance, accuracy and effort is with you. The EEMBC 
COREMARK SOFTWARE is provided "as is", with all faults and without warranty of 
any kind, and EEMBC and EEMBC'S licensors (collectively referred to as "EEMBC" for 
the purposes of sections 10 and 11) hereby disclaim all warranties and conditions with 
respect to the EEMBC COREMARK SOFTWARE, either express, implied or statutory, 
including, but not limited to, the implied warranties and/or conditions of merchantability, 
of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, 
and non-infringement of third party rights.  EEMBC does not warrant against 
interference with your enjoyment of the EEMBC COREMARK SOFTWARE, that the 
functions contained in the EEMBC COREMARK SOFTWARE will meet your 
requirements, that the operation of the EEMBC COREMARK SOFTWARE will be 
uninterrupted or error-free, or that defects in the EEMBC COREMARK SOFTWARE 
will be corrected. no oral or written information or advice given by EEMBC or an 
EEMBC authorized representative shall create a warranty.  Should the EEMBC 
COREMARK SOFTWARE prove defective, you assume the entire cost of all necessary 
servicing, repair or correction.  Some jurisdictions do not allow the exclusion of implied 
warranties or limitations on applicable statutory rights of a consumer, so the above 
exclusion and limitations may not apply to you.  to the extent not prohibited by law, in no 
event shall EEMBC be liable for personal injury, or any incidental, special, indirect or 
consequential damages whatsoever, including, without limitation, damages for loss of 
profits, loss of data, business interruption or any other commercial damages or losses, 
arising out of or related to your use or inability to use the EEMBC COREMARK 
SOFTWARE, however caused, regardless of the theory of liability (contract, tort or 
otherwise) and even if EEMBC has been advised of the possibility of such damages. 
some jurisdictions do not allow the limitation of liability for personal injury, or of 
incidental or consequential damages, so this limitation may not apply to you.  In no event 
shall EEMBC's total liability to you for all damages (other than as may be required by 
applicable law in cases involving personal injury) exceed the amount of fifty dollars 
($50.00).  The foregoing limitations will apply even if the above stated remedy fails of its 
essential purpose.

11.  POTENTIAL MISUSE OF EEMBC COREMARK SOFTWARE. you hereby 
acknowledge and represent that you have been expressly warned by EEMBC that the 
EEMBC COREMARK SOFTWARE may be incompatible with those microprocessors, 
microcontrollers, or digital signal processors that are part of an application or end-user 
product, and that such misuse of the EEMBC COREMARK SOFTWARE could result in 
significant property damage and/or bodily harm.


12.  Publication of Results.  You expressly agree that this license permits you to 
publicize any benchmark scores obtained using or with respect to the EEMBC 
COREMARK SOFTWARE, whether for the related microprocessor, microcontroller, or 
DSP platforms ONLY if you comply with the run and reporting rules as indicated in the 
readme-txt file included in the EEMBC COREMARK SOFTWARE release package 
available at www.coremark.org. 

13. Export Law Assurances.  You may not use or otherwise export or reexport the 
EEMBC COREMARK SOFTWARE except as authorized by United States law and the 
laws of the jurisdiction in which the EEMBC COREMARK Software was obtained.  In 
particular, but without limitation, the EEMBC COREMARK SOFTWARE may not be 
exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed 
countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria), or (b) to 
anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the 
U.S. Department of Commerce Denied Person's List or Entity List.  By using the 
EEMBC COREMARK SOFTWARE, you represent and warrant that you are not located 
in, under control of, or a national or resident of any such country or on any such list.

13.  Relationship of Parties.  Neither this Agreement, nor any terms and conditions 
contained herein, may be construed as creating or constituting a partnership, joint venture, 
or agency relationship between the parties. Neither party will have the power to bind the 
other or incur obligations on the other party's behalf without the other party's prior written 
consent.

14.  Waiver.  No failure of either party to exercise or enforce any of its rights under this 
Agreement will act as a waiver of such rights.

15.  Controlling Law and Severability. This License will be governed by and construed in 
accordance with the laws of the State of California, as applied to agreements entered into 
and to be performed entirely within California between California residents. This License 
shall not be governed by the United Nations Convention on Contracts for the 
International Sale of Goods, the application of which is expressly excluded. If for any 
reason a court of competent jurisdiction finds any provision, or portion thereof, to be 
unenforceable, the remainder of this License shall continue in full force and effect.  

16.  Complete Agreement; Governing Language.  This License constitutes the entire 
agreement between the parties with respect to the use of the EEMBC COREMARK 
Software licensed hereunder and supersedes all prior or contemporaneous understandings 
regarding such subject matter.  No amendment to or modification of this License will be 
binding unless in writing and signed by EEMBC. Any translation of this License is done 
for local requirements and in the event of a dispute between the English and any non-
English versions, the English version of this License shall govern.