The following clauses are excluded from this license when the software is used in the development and production of Target Software for Raspberry Pi platforms and/or the Target Software has not been purchased by the Licensee:
For avoidance of doubt, for Raspberry Pi platforms:
The Software components that are licensed for use under this License are subject to the following terms and conditions:
Definition of Use
Protection and Security
Except in relation to object or binary forms of the Target Software where distribution is permitted by 4.1.b, the Licensee agrees to take reasonable measures to protect all proprietary information and copyrights of Licensor in regards to the Software, to ensure that no unauthorised person has access to the Software and that there is no unauthorised copying or distribution of the Software. Furthermore, the Licensee is strictly prohibited from disclosing the source software, utilities, installation programs, associated documentation, or other proprietary information to any other parties, regardless of whether or not these were modified by the Licensee.
The Licensee may not sublicense, lease, rent, lend nor distribute the Software or any lawful copies thereof or otherwise transfer any of their rights under the Agreement to any other party. without the prior written consent of the Licensor.
This license is effective until terminated.
This license will terminate under the following conditions:
If termination of this license occurs, Licensee must cease all use of the Software and immediately return or destroy all software source code, utilities, associated documentation Upon termination, there will be no refund of any monies paid by Licensee. Furthermore, Licensee must certify in writing to Licensor that Licensee no longer possesses or is using any of the Licensor's software or documentation to develop new Target Software.
Where distribution of binary and/or object code forms of the Target Software is permitted, this termination clause does not require the return of these forms shipped by Licensee prior to license termination.
This software is provided by the Licensor as is and any express or implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non- infringement of intellectual property rights, except where section 6.2 and 6.3 apply, are disclaimed. The Licensor does not warrant that the Software will meet the Licensee's requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
This section (Section 5, “No Warranty”) will survive the termination of this License for any reason.
The intellectual property rights in any eCosPro licensed code shall remain vested in the Licensor.
Some countries, including member countries of the European economic area, or some of their states, do not allow the limitation or exclusion of liability for incidental or consequential damages so the below limitation or exclusion may not apply to the Licensee.
To the maximum extent permitted by applicable law and regardless of whether any remedy set forth herein fails of its essential purpose, in no event will the Licensor be liable to the Licensee for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use the software even if the Licensor has been advised of the possibility of such damages.
This License is governed by English law. Both the Licensor and the Licensee submit to the exclusive jurisdiction of the English courts in relation to any dispute concerning this agreement but the Licensor is also entitled to apply to any court worldwide for injunctive and other remedies in order to protect or enforce its Intellectual Property Rights.