millerson.name/gentoo
2
0
Fork 0
mirror of https://github.com/gentoo-mirror/gentoo.git synced 2025-12-09 00:07:57 +03:00
Code Issues Packages Projects Releases Wiki Activity

licenses: (re-)add bluez-firmware with updated text

Browse Source 
Signed-off-by: Florian Schmaus <flow@gentoo.org>
This commit is contained in:
Florian Schmaus 2025-10-02 18:03:35 +02:00
parent 35dc12f602
commit e2e61673c9
No known key found for this signature in database
GPG Key ID: 2239A7E8F5852052
1 changed files with 396 additions and 0 deletions
Show Stats Download Patch File Download Diff File Expand all files Collapse all files

396
licenses/bluez-firmware Normal file
View File

@ -0,0 +1,396 @@
License: CYPRESS-WIRELESS-CONNECTIVITY-DEVICES-DRIVER-END-USER-LICENSE-AGREEMENT
Comment: These firmware are acquired from "https://github.com/RPi-Distro/bluez-firmware"
distributing Raspberry Pi firmware.
These firmware licenses are 'CYPRESS WIRELESS CONNECTIVITY DEVICES DRIVER END
USER LICENSE AGREEMENT (SOURCE AND BINARY DISTRIBUTION)', users need to grant
to this. The content of the license is written at the end of this text.
This is confirmed in SERGE Schneider <serge@raspberrypi.org> and Phil Elwell
<phil@raspberrypi.com>, which distributes this binary.
The mail content I confirmed to them is as follows.
.
```
Delivered-To: iwamatsu@nigauri.org
Received: by 2002:ab0:4d56:0:0:0:0:0 with SMTP id k22csp3488749uag;
Mon, 6 Sep 2021 02:54:10 -0700 (PDT)
X-Google-Smtp-Source: ABdhPJyNCMBGiRaKdPfYPct3DTzORXcRdxZK/OTU3I2p8Fi9RquWS/3zOyKoSEMz/dtaQ36PYtHX
X-Received: by 2002:a5d:554e:: with SMTP id g14mr12446688wrw.48.1630922050432;
Mon, 06 Sep 2021 02:54:10 -0700 (PDT)
ARC-Seal: i=1; a=rsa-sha256; t=1630922050; cv=none;
d=google.com; s=arc-20160816;
b=iWgs8G8cIGWWJZJFO3BCt6dpqnfhByZN3CXKZtqhPIz0p/rQS6oBVqfH34Dzh6imBq
fPxBz+hFZi1gkUR2Li3atJUHwvcmoJJ/eQAugcSRJpdAIFiZBJETxcu8xhvIKp2m5a1b
HCp6zLDPvyVNj3tHrKqJNAUIwWzkOEjHyjEQ7FxD+GURQ8H/k4hn4Qdd2zwnFs4aRFei
7hxxj1P3FP6eeSoilwLnhuZ1vrOr0XchYDnwOcvHChXI57Cc9qUyeSs89N95Gvd5w8yK
5MLYD9psiaBBMQEVIHCxNmV84HXViEfCiWfuA65QejiGTPtImqFql9nOIt0rl1pJN0kP
U/hA==
ARC-Message-Signature: i=1; a=rsa-sha256; c=relaxed/relaxed; d=google.com; s=arc-20160816;
h=content-language:in-reply-to:mime-version:user-agent:date
:message-id:from:cc:references:to:subject:dkim-signature;
bh=ss6hX6pQkcUx/5B35uWO6tbT2OQwddZPHLSfFvpUVPg=;
b=KRjAmzvPdhnIlEPk/oS64XaPQglfYPHcRhMDdVYu4wZ0pu5OyojjHzuNNEFd07UFV6
m/KdrhFw1AhxTIEXr7udKu75HQZQAqd2D/rbTro+gbi9IGk6oUtz+/V3EnXejuMxqn/0
hycxE7jOQgtv2tYhPfgeiA9EJmyXxxkPquQJPT5acO4ylTQDc8/rjwDIwbdhxZGovVTr
K2bAPpGOkh7YZK70k6a6UHI1zUz6/8+H6Tp+gMVwGtdUPLussh9V4fCYbS+q3rwnt7Uj
USe9Bo6iuwOxUn0PK60R60mWFn6m64j0SMCJ5u9ozlVqpMMyrOakH2VD3YP2CC7zf5Sg
8/tw==
ARC-Authentication-Results: i=1; mx.google.com;
dkim=pass header.i=@raspberrypi.com header.s=google header.b=KnjmSS3X;
spf=softfail (google.com: domain of transitioning phil@raspberrypi.com does not designate 82.195.75.114 as permitted sender) smtp.mailfrom=phil@raspberrypi.com;
dmarc=pass (p=NONE sp=NONE dis=NONE) header.from=raspberrypi.com
Return-Path: <phil@raspberrypi.com>
Received: from mailly.debian.org (mailly.debian.org. [82.195.75.114])
by mx.google.com with ESMTPS id o5si8081239wrc.148.2021.09.06.02.54.10
for <iwamatsu@nigauri.org>
(version=TLS1_3 cipher=TLS_AES_256_GCM_SHA384 bits=256/256);
Mon, 06 Sep 2021 02:54:10 -0700 (PDT)
Received-SPF: softfail (google.com: domain of transitioning phil@raspberrypi.com does not designate 82.195.75.114 as permitted sender) client-ip=82.195.75.114;
Authentication-Results: mx.google.com;
dkim=pass header.i=@raspberrypi.com header.s=google header.b=KnjmSS3X;
spf=softfail (google.com: domain of transitioning phil@raspberrypi.com does not designate 82.195.75.114 as permitted sender) smtp.mailfrom=phil@raspberrypi.com;
dmarc=pass (p=NONE sp=NONE dis=NONE) header.from=raspberrypi.com
Received: from mail-wm1-x32f.google.com ([2a00:1450:4864:20::32f]:35716) by mailly.debian.org with esmtps (TLS1.3:ECDHE_RSA_AES_128_GCM_SHA256:128) (Exim 4.92) (envelope-from <phil@raspberrypi.com>) id 1mNBKL-0000Y7-7v for iwamatsu@nigauri.org; Mon, 06 Sep 2021 09:54:10 +0000
Received: by mail-wm1-x32f.google.com with SMTP id z9-20020a7bc149000000b002e8861aff59so4554365wmi.0
for <iwamatsu@debian.org>; Mon, 06 Sep 2021 02:54:07 -0700 (PDT)
DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed;
d=raspberrypi.com; s=google;
h=subject:to:references:cc:from:message-id:date:user-agent
:mime-version:in-reply-to:content-language;
bh=ss6hX6pQkcUx/5B35uWO6tbT2OQwddZPHLSfFvpUVPg=;
b=KnjmSS3XYtpVGADVXvSZM/ucp4ehm/Tplw0frJer9k+yQnDSv8V056zwZl5JbVbkrP
3/KrrsXPW6JhXTcRS5nYBY7wI7iIhtVtlwLphk36bcgbKAH8RW3FIu743ic2GLyBKNB0
KGDC4KmZwk23ivuN0pxWdbodyE75JYlHep652v69eQ5f2csFRehklWCU+xaw5398nYnJ
5j1UQwUhnUtwyVenZ9aCwLJ+M+MWdjWm1nxMhBS6us6yqRmsmeBMsvMIqwYqXZHBJhJc
Cy2UgiecBCKDJvNb/qx8uSpSci0XXqViJhFI+Z7QBpni2eJQb8OD+GFVfIgBlbwVCN6g
XuUg==
X-Google-DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed;
d=1e100.net; s=20161025;
h=x-gm-message-state:subject:to:references:cc:from:message-id:date
:user-agent:mime-version:in-reply-to:content-language;
bh=ss6hX6pQkcUx/5B35uWO6tbT2OQwddZPHLSfFvpUVPg=;
b=fVrznHKsDaDEBIQuEZFeCuVrdDOfJm+r7j7RLcTHDilAOk7lRwOL47NV12yD/uB4x4
T8o/7/fczrSbsnVdubbjCel9TfY/hhhCOD/aLe4x49h6b13VtTL1BakeEcfCik5FSajR
8gqKounqcBTpyYO69XBBduUKzPv6MOFKVctumdZGs/K/5cb9AHbcLjeqL4YC8h7+EI1M
bK5QWJgrMPiwb8ZnJqzKyv9slWt0BA07OIMfwAK1HjaKcs0HdRgWTPtUAiUrdC/EdMos
ff9dVdnrT8gdMS72bzy7j+RLkxYFb9Tf8Up2yZ57RSe+fxDS39N40WSLr2qLNNYFzToO
LvRg==
X-Gm-Message-State: AOAM532asO5grAP1vjNRuGXaF3FQt01gYoF79D35ffwIvuG1KRbiSzS/ Ce9nyOEHLFkqQB8ZmMmtBUFVMg==
X-Received: by 2002:a1c:c911:: with SMTP id f17mr10438484wmb.190.1630922047009;
Mon, 06 Sep 2021 02:54:07 -0700 (PDT)
Received: from ?IPv6:2a00:1098:3142:14:89df:1145:d597:19c5? ([2a00:1098:3142:14:89df:1145:d597:19c5])
by smtp.gmail.com with ESMTPSA id z2sm6565939wma.45.2021.09.06.02.54.06
(version=TLS1_3 cipher=TLS_AES_128_GCM_SHA256 bits=128/128);
Mon, 06 Sep 2021 02:54:06 -0700 (PDT)
Subject: Re: Fwd: About bluez-firmware blob and license
To: Nobuhiro Iwamatsu <iwamatsu@debian.org>
References: <CABMQnVJuMxSKvGv+k-Q+_PkY4b3XutVd+Hvag32qiMZw-RacRQ@mail.gmail.com> <CAA=_ySHSwO+vdYAwX7MTCwjaCVTss+wWHX9ZiBrC9a0GBCa_+A@mail.gmail.com>
Cc: Serge Schneider <serge@raspberrypi.com>
From: Phil Elwell <phil@raspberrypi.com>
Message-ID: <c4442de9-6e0d-d371-2f4b-c6e400623a4f@raspberrypi.com>
Date: Mon, 6 Sep 2021 10:54:05 +0100
User-Agent: Mozilla/5.0 (Windows NT 10.0; Win64; x64; rv:78.0) Gecko/20100101 Thunderbird/78.13.0
MIME-Version: 1.0
In-Reply-To: <CAA=_ySHSwO+vdYAwX7MTCwjaCVTss+wWHX9ZiBrC9a0GBCa_+A@mail.gmail.com>
Content-Type: multipart/alternative; boundary="------------8D6FA6B88932B0E1E8707FB5"
Content-Language: en-GB
.
--------------8D6FA6B88932B0E1E8707FB5
Content-Type: text/plain; charset=utf-8; format=flowed
Content-Transfer-Encoding: 8bit
.
Hi Nobuhiro,
.
The firmwares are released to us - Raspberry Pi (Trading) Ltd. - by Cypress, on
the expectation that we will release them to our users, both directly in our own
images and indirectly via places such as the bluez-firmware repo. My answers to
Issue #1 on that repo are correct and authoritative - these firmwares are
designed to overlay the normal linux-firmware repo, and the licences found there
(including
https://git.kernel.org/pub/scm/linux/kernel/git/firmware/linux-firmware.git/tree/LICENCE.cypress)
apply.
.
Phil
.
On 06/09/2021 10:34, Serge Schneider wrote:
>
>
> ---------- Forwarded message ---------
> From: *Nobuhiro Iwamatsu* <iwamatsu@debian.org <mailto:iwamatsu@debian.org>>
> Date: Mon, 6 Sept 2021 at 10:32
> Subject: About bluez-firmware blob and license
> To: Serge Schneider <serge@raspberrypi.org <mailto:serge@raspberrypi.org>>
>
>
> Dear Serge Schneider,
>
> My name is Nobuhiro Iwamatsu, I maintain bluetooth related packages on Debian.
> First, thank you for the maintenance of
> https://github.com/RPi-Distro/bluez-firmware/
> <https://github.com/RPi-Distro/bluez-firmware/>.
> I use this binary for my hobbies and work to run the Raspberry Pis :-).
>
> I have questions about the firmware for the Rasberry Pi managed in
> this repository.
> Originally, creating an issue on github might be the correct way to do
> it, but a similar
> issue[0] seems to have already been closed, so I send a email about
> it. Please point
> out if we need to discuss it on github.
>
> I would like to update the bluez-firmware you manage into Debian.
> However, the location and
> license of the firmware is unclear to me, so I would like to clarify these.
>
> 1. Where can I get this firmware?
> Is there a limited way to get it? I couldn't find it from the
> Cypress site. It also says that
> I can download it from the link on the forums[1], is this the
> official Cypress link?
>
> 2. Where can I get license information?
> In past issues, you wrote about the reply from Cypress[2][3].
> I'm not distrustful of this comment, but I would like to get more
> public information.
>
> Best regards,
> Nobuhiro
>
> [0]: https://github.com/RPi-Distro/bluez-firmware/issues/1
> <https://github.com/RPi-Distro/bluez-firmware/issues/1>
> [1]: https://www.raspberrypi.org/forums/viewtopic.php?f=117&t=291609
> <https://www.raspberrypi.org/forums/viewtopic.php?f=117&t=291609>
> [2]:
> https://github.com/RPi-Distro/bluez-firmware/issues/1#issuecomment-381644063
> <https://github.com/RPi-Distro/bluez-firmware/issues/1#issuecomment-381644063>
> [3]:
> https://github.com/RPi-Distro/bluez-firmware/issues/1#issuecomment-385351754
> <https://github.com/RPi-Distro/bluez-firmware/issues/1#issuecomment-385351754>
> --
> Nobuhiro Iwamatsu
> iwamatsu at {nigauri.org <http://nigauri.org> / debian.org <http://debian.org>}
> GPG ID: 40AD1FA6
>
```
.
License: BCM_LEGAL
The BlueZ project has permission from Broadcom Corporation to
distribute this firmware in conjunction with the BlueZ tools,
available in Debian as bluez-utils, as long as the notice contained in
/usr/share/doc/bluez-firmware/BCM-LEGAL.txt accompanies the firmware.
.
This arrangement was made with BlueZ author Max Krasnyansky
<maxk@qualcomm.com>.
.
BCM firmware version 2.16
Copyright (c) 2000-2003 Broadcom Corporation
.
Contact info:
bluetooth_help@broadcom.com
.
Received: from enigma.qualcomm.com (enigma.qualcomm.com [129.46.64.203])
by mail1.qualcomm.com (8.12.1/8.12.1/1.0) with ESMTP id fB3MjfxX010506
for <maxk@mail1.qualcomm.com>; Mon, 3 Dec 2001 14:45:41 -0800 (PST)
Received: from moria.qualcomm.com (qualcomm.com [199.106.114.68])
by enigma.qualcomm.com (8.12.1/8.11.3/1.0) with ESMTP id fB3Mjcun020569
for <maxk@qualcomm.com>; Mon, 3 Dec 2001 14:45:38 -0800 (PST)
Received: from mms1.broadcom.com (mms1.broadcom.com [63.70.210.58]) by moria.qualcomm.com with
SMTP id OAA19783 for <maxk@qualcomm.com>; Mon, 3 Dec 2001 14:44:26 -0800 (PST)
From: ochikubo@broadcom.com
Received: from 63.70.210.4 by mms1.broadcom.com with SMTP (Broadcom
MMS-1 SMTP Relay (MMS v4.7)); Mon, 03 Dec 2001 14:45:21 -0800
X-Server-Uuid: 1e1caf3a-b686-11d4-a6a3-00508bfc9ae5
Received: from ltelsaochikubo ([10.13.17.128]) by
mail-irva-1.broadcom.com (Post.Office MTA v3.5.3 release 223 ID#
0-71992U7200L1200S0V35) with SMTP id com; Mon, 3 Dec 2001 14:45:34
-0800
To: "'Maksim Krasnyanskiy'" <maxk@qualcomm.com>
cc: "'Tom Ramsthaler (E-mail)'" <tramsthaler@broadcom.com>,
"'Scott Bibaud (E-mail)'" <sbibaud@broadcom.com>,
"'Daniel Hess (E-mail)'" <dahess@broadcom.com>,
"'Nick Kawaguchi (E-mail)'" <nkawaguchi@broadcom.com>,
"Lynn Couillard (E-mail)" <lynnc@broadcom.com>,
"Robert Hulvey (E-mail)" <rwhulvey@broadcom.com>
Subject: RE: Release of firmware with BlueZ port
Date: Mon, 3 Dec 2001 14:38:08 -0800
Message-ID: <000901c17c4c$38078460$0100007f@ltelsaochikubo>
X-Priority: 3 (Normal)
X-MSMail-Priority: Normal
X-Mailer: Microsoft Outlook CWS, Build 9.0.2416 (9.0.2910.0)
Importance: Normal
X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2462.0000
In-Reply-To: <5.1.0.14.0.20011106144315.01cebb50@mail1>
X-WSS-ID: 1012DF0B501255-01-01
X-UIDL: S+:"!4]]!!!gj!!c@]"!
Status: RO
Mime-Version: 1.0
.
Max,
.
Good news. We have Broadcom Corporate and Legal approval for release of our
firmware as part of the BlueZ posting. Send us a copy of it to load up when
you have a chance (or let us know when its up and we will download it).
.
The BCM_LEGAL.txt file should contain the following information:
.
- - - - - -
.
BCM firmware version 2.9
Copyright (c) 2000-2001 Broadcom Corporation
.
Contact info:
bluetooth_help@broadcom.com
.
BlueFW will have:
BCM2033_md.hex - BCM mini driver
BCM2033_fw.bin - BCM firmware
BCM.LEGAL.txt - Legal info
.
- - - - - -
.
We are going to make another release of firmware in about 2 weeks and will
definitely keep you in the loop.
.
Regards,
.
Craig
.
License: CYPRESS-WIRELESS-CONNECTIVITY-DEVICES-DRIVER-END-USER-LICENSE-AGREEMENT
### CYPRESS WIRELESS CONNECTIVITY DEVICES
### DRIVER END USER LICENSE AGREEMENT (SOURCE AND BINARY DISTRIBUTION)
.
PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE
DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE, ANY ACCOMPANYING
DOCUMENTATION, OR ANY UPDATES PROVIDED BY CYPRESS ("Software"). BY
DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND
BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE. IF YOU HAVE
PURCHASED THE SOFTWARE, YOUR RIGHT TO RETURN THE SOFTWARE EXPIRES 30 DAYS
AFTER YOUR PURCHASE AND APPLIES ONLY TO THE ORIGINAL PURCHASER.
.
Software Provided in Binary Code Form. This paragraph applies to any Software
provided in binary code form. Subject to the terms and conditions of this
Agreement, Cypress Semiconductor Corporation ("Cypress") grants you a
non-exclusive, non-transferable license under its copyright rights in the
Software to reproduce and distribute the Software in object code form only,
solely for use in connection with Cypress integrated circuit products
("Purpose").
.
Software Provided in Source Code Form. This paragraph applies to any Software
provided in source code form ("Cypress Source Code"). Subject to the terms and
conditions of this Agreement, Cypress grants you a non-exclusive,
non-transferable license under its copyright rights in the Cypress Source Code
to reproduce, modify, compile, and distribute the Cypress Source Code (whether
in source code form or as compiled into binary code form) solely for the
Purpose. Cypress retains ownership of the Cypress Source Code and any compiled
version thereof. Subject to Cypress' ownership of the underlying Cypress
Source Code, you retain ownership of any modifications you make to the
Cypress Source Code. You agree not to remove any Cypress copyright or other
notices from the Cypress Source Code and any modifications thereof. Any
reproduction, modification, translation, compilation, or representation of
the Cypress Source Code except as permitted in this paragraph is prohibited
without the express written permission of Cypress.
.
Free and Open Source Software. Portions of the Software may be licensed under
free and/or open source licenses such as the GNU General Public License
("FOSS"). FOSS is subject to the applicable license agreement and not this
Agreement. If you are entitled to receive the source code from Cypress for any
FOSS included with the Software, either the source code will be included with
the Software or you may obtain the source code at no charge from
<http://www.cypress.com/go/opensource>. The applicable license terms will
accompany each source code package. To review the license terms applicable to
any FOSS for which Cypress is not required to provide you with source code,
please see the Software's installation directory on your computer.
.
Proprietary Rights. The Software, including all intellectual property rights
therein, is and will remain the sole and exclusive property of Cypress or its
suppliers. Except as otherwise expressly provided in this Agreement, you may
not: (i) modify, adapt, or create derivative works based upon the Software;
(ii) copy the Software; (iii) except and only to the extent explicitly
permitted by applicable law despite this limitation, decompile, translate,
reverse engineer, disassemble or otherwise reduce the Software to
human-readable form; or (iv) use the Software other than for the Purpose.
.
No Support. Cypress may, but is not required to, provide technical support for
the Software.
.
Term and Termination. This Agreement is effective until terminated. This
Agreement and Your license rights will terminate immediately without notice
from Cypress if you fail to comply with any provision of this Agreement. Upon
termination, you must destroy all copies of Software in your possession or
control. Termination of this Agreement will not affect any licenses validly
granted as of the termination date to any end users of the Software. The
following paragraphs shall survive any termination of this Agreement: "Free and
Open Source Software," "Proprietary Rights," "Compliance With Law,"
"Disclaimer," "Limitation of Liability," and "General."
.
Compliance With Law. Each party agrees to comply with all applicable laws,
rules and regulations in connection with its activities under this Agreement.
Without limiting the foregoing, the Software may be subject to export control
laws and regulations of the United States and other countries. You agree to
comply strictly with all such laws and regulations and acknowledge that you
have the responsibility to obtain licenses to export, re-export, or import
the Software.
.
Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYPRESS MAKES
NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE,
INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cypress reserves the
right to make changes to the Software without notice. Cypress does not assume
any liability arising out of the application or use of Software or any
product or circuit described in the Software. Cypress does not authorize its
products for use as critical components in life-support systems where a
malfunction or failure may reasonably be expected to result in significant
injury to the user. The inclusion of Cypress' product in a life-support
system or application implies that the manufacturer of such system or
application assumes all risk of such use and in doing so indemnifies Cypress
against all charges.
.
Limitation of Liability. IN NO EVENT WILL CYPRESS OR ITS SUPPLIERS,
RESELLERS, OR DISTRIBUTORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA,
OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF CYPRESS OR ITS SUPPLIERS,
RESELLERS, OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL CYPRESS' OR ITS SUPPLIERS' RESELLERS', OR
DISTRIBUTORS' TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE.
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS
OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
.
Restricted Rights. The Software under this Agreement is commercial computer
software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If
acquired by or on behalf of a civilian agency, the U.S. Government acquires
this commercial computer software and/or commercial computer software
documentation subject to the terms of this Agreement as specified in 48
C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal
Acquisition Regulations ("FAR") and its successors. If acquired by or on
behalf of any agency within the Department of Defense ("DOD"), the U.S.
Government acquires this commercial computer software and/or commercial
computer software documentation subject to the terms of this Agreement as
specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its
successors.
.
General. This Agreement will bind and inure to the benefit of each party's
successors and assigns, provided that you may not assign or transfer this
Agreement, in whole or in part, without Cypress' written consent. This
Agreement shall be governed by and construed in accordance with the laws of
the State of California, United States of America, as if performed wholly
within the state and without giving effect to the principles of conflict of
law. The parties consent to personal and exclusive jurisdiction of and venue
in, the state and federal courts within Santa Clara County, California;
provided however, that nothing in this Agreement will limit Cypress' right to
bring legal action in any venue in order to protect or enforce its
intellectual property rights. No failure of either party to exercise or
enforce any of its rights under this Agreement will act as a waiver of such
rights. If any portion hereof is found to be void or unenforceable, the
remaining provisions of this Agreement shall remain in full force and
effect. This Agreement is the complete and exclusive agreement between the
parties with respect to the subject matter hereof, superseding and replacing
any and all prior agreements, communications, and understandings (both
written and oral) regarding such subject matter. Any notice to Cypress will
be deemed effective when actually received and must be sent to Cypress
Semiconductor Corporation, ATTN: Chief Legal Officer, 198 Champion Court, San
Jose, CA 95134 USA.