1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
|
Adapted from:
https://www.imaginationtech.com/developers/powervr-sdk-tools/powervr-tools-software-eula/
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ANY PORTION OF THE POWERVR TOOLS
SOFTWARE YOU WILL BE LEGALLY BOUND TO THESE TERMS.
Imagination Technologies Limited (“Imagination”) provides this Software
subject to the terms of this Agreement. If you do not agree with any of these
terms, then do not install or otherwise use the Software.
Definitions
“Software” means all or any component comprising the software in source or
binary form, documentation, or other materials including any related updates or
upgrades made available by Imagination under this Agreement from time to time.
License Grant
Subject to your compliance with the terms of this Agreement, Imagination grants
to you a non-exclusive, non-assignable license to:
(a) use the Software for the sole purpose of developing, profiling, or
assisting in the optimisation of internal, commercial, or non-commercial
applications;
(b) distribute the Software as a component of your application, provided that:
1. you do not distribute the Software on a stand alone basis;
2. you distribute such Software under terms no less restrictive than those in
this Agreement;
3. you comply with the attribution requirements set out in Appendix 1;
4. you are solely responsible for any update, support obligation or other
liability that may arise from such distribution; and
5.you do not make any statements that your application or its performance are
certified, guaranteed or otherwise endorsed by Imagination; and
(c) use the Software as expressly authorised by Imagination in writing, on the
payment and/or support terms set out in Appendix 2 (if applicable).
Restrictions
Other than as expressly permitted herein, you may not: (i) use the Software for
any unauthorised purpose; (ii) modify, disassemble, decompile, reverse
engineer, revise or enhance the Software, create derivative works or attempt to
discover the source code for any element of the Software not already provided
in source code form; (iii) remove any proprietary or copyright notices on or
accompanying the Software; or (iv) incorporate or combine the Software, with
any open source software in such a way that would cause the Software, or any
portion thereof, to be subject to all or part of the license obligations or
other intellectual property related terms with respect to such open source
software.
Ownership and Contributions
Imagination retains all ownership of the Software, including without limitation
all copyrights and other intellectual property rights therein. To the extent
you provide any feedback or make any contributions in connection with the
Software (collectively “contributions”), you agree to assign all
intellectual property rights in such contribution to Imagination and agree not
to assert any related rights against Imagination or any of its customers or
licensees. You understand and agree that Imagination is not required to make
any use of any contribution that you provide, but that if Imagination makes use
of your contribution, neither Imagination nor any of its customers or licensees
are required to credit or compensate you for your contribution. You represent
and warrant that you have sufficient rights in your contribution to comply with
the foregoing.
Warranty Disclaimer
THE SOFTWARE IS PROVIDED “AS IS”. IMAGINATION HEREBY DISCLAIMS ALL EXPRESS
OR IMPLIED WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT WILL IMAGINATION BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS
WHATSOEVER ARISING FROM THIS AGREEMENT AND/OR YOUR USE OF THE SOFTWARE OR ANY
COMPONENT THEREOF, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF IMAGINATION
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR
FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS
APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
Third Party Materials
All third party materials packaged with the Software, including without
limitation, artwork, graphics, game demos and patches, are the sole and
exclusive property of such third parties. Imagination makes no representations
or warranties about the accuracy, usability or validity of any third party
materials, and disclaims all liabilities in connection with such third party
materials.
Term
This Agreement is effective until terminated. Imagination has the right to
terminate this Agreement immediately if you fail to comply with any term of
this Agreement. You may terminate this Agreement by destroying or returning to
Imagination all copies of the Software in your possession.
Governing Law
This Agreement is governed by and shall be construed in accordance with English
law and each party agrees to submit to the exclusive jurisdiction of the courts
of England.
APPENDIX 1: ATTRIBUTION REQUIREMENTS
If source code is released as it is, the Copyright notice should be kept in a
visible position. If object code is bundled with a product, all branding should
be kept as it was originally, and the following acknowledgement should be
displayed clearly in any associated documentation or other collateral in
printed or electronic form distributed with the product incorporating the
Software: “This product includes components of the PowerVR Tools Software
from Imagination Technologies Limited”. If source code is used to compile a
product, the following acknowledgement should be displayed clearly in any
associated documentation or other collateral in printed or electronic form
distributed with the product incorporating the Software: “This product
includes components of the PowerVR Tools Software from Imagination Technologies
Limited”.
APPENDIX 2: FEES
LICENSE FEES: 0 (Zero)
ROYALTY FEES: 0 (Zero)
SUPPORT AND MAINTENANCE TERMS AND FEES: 0 (Zero)
|