Extension Unit Open Source Acknowledgment (;ÚðS2) 1176.9835.02 02 Test & Measurement Open Source Acknowledgment
Contents Contents 1 Introduction... 3 1.1 Disclaimer... 3 1.2 How to obtain the source code...3 2 Software packages...4 3... 5 3.1... 5 2
Introduction Disclaimer 1 Introduction This product uses a number of open source software packages which are listed below. The open source software is provided free of charge. You are entitled to use the open source software in accordance with the respective license conditions as provided in the following chapters. Rohde & Schwarz would like to thank the open source community for their valuable contribution to embedded computing. 1.1 Disclaimer The open source software is distributed WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PUR- POSE. The respective licenses may contain more details. 1.2 How to obtain the source code The software included in this product may contain copyrighted software that is licensed under a license requiring us to provide the source code of that software, such as the GPL or LGPL. You may obtain the complete corresponding source code for such copyrighted software from us for an unlimited period of time and at no charge. In this case, please contact: Rohde & Schwarz GmbH & Co. KG Mühldorfstr. 15, 81671 München, Germany Phone: +49 89 41 29-12345 Email: customersupport@rohde-schwarz.com Internet: www.customersupport.rohde-schwarz.com This offer is valid to anyone in receipt of this information. 3
Software packages 2 Software packages The software contained in this product makes use of the following open source software packages. Package ATMEL STUDIO License ATMEL STUDIO 4
3 3.1 IT IS IMPORTANT THAT YOU READ THIS AGREEMENT CAREFULLY AND COM- PLETELY. This End User License Agreement ("Agreement") is a legally binding agreement between, on one hand, either your employer (if you are acting on behalf of your employer) or you (if you are acting on your own behalf) ("Licensee"), and on the other hand, Atmel Corporation ("Atmel"). By clicking the "I Accept" button on this page or by downloading, installing or using any of the software available for download on this page ("Licensed Software"), you are indicating that you are binding Licensee to the terms of this Agreement, and that you are duly authorized by Licensee to do so. If you are not authorized to bind Licensee to the terms of this Agreement, or if Licensee does not agree to be bound by all of the terms of this Agreement, do not click the "I Accept" button and do not download, install or use any such software. 1. License Grant Subject to the terms and conditions of this Agreement, Atmel grants Licensee a nonexclusive, non-transferable, non-sublicensable, limited license to: (a) install and internally use the Licensed Software solely to develop and debug embedded applications for Atmel's 8-bit and 32-bit AVR microcontrollers and Atmel's ARM -based microcontrollers ("Supported Atmel Products"); and (b) to make one copy of the Licensed Software solely for backup purposes. 2. Restrictions Licensee will not, and will have no right to, (a) use, copy or reproduce any Licensed Software except as expressly set forth in Section, (b) modify, create derivative works of, sell, distribute or disclose any Licensed Software, or (c) decompile or otherwise reverse engineer any Licensed Software that is not provided in source code form, or otherwise derive or attempt to derive the source code of, or any processes, techniques, methods, specifications, protocols, algorithms, interfaces, data structures, or other information embodied or used in, any such Licensed Software. Without limiting the generality of the foregoing, Licensee will not, and will have no right to, use any Licensed Software to develop or debug embedded applications for any semiconductor products that are not Supported Atmel Products. Licensee will not remove, obscure or alter any trademark, copyright or other proprietary rights or ownership notices of Atmel or any of its licensors that appear in any Licensed Software, and Licensee will reproduce all such proprietary rights and ownership notices on all copies of Licensed Software made by Licensee. 3. Open Source Software The table below lists publicly available software included in the Licensed Software and web sites containing licenses under which such software is made available to the public. Notwithstanding anything to the contrary, nothing in this Agreement will limit Licensee's rights under, or grant to Licensee rights that supersede, the terms of such licenses to the extent they apply to such software or Atmel's modifications thereto. 5
Software GCC Binutils Newlib AVR-libc GDB Libelf library Libdwarf library JSON Spirit library POSIX threads for Win32 Library GNU MPFR library MPIR library Libusb library Boost libraries POCO C++ libraries MVVM Light Toolkit LLVM source The ARM CMSIS License Agreement Location http://www.gnu.org/licenses/gpl.html http://www.gnu.org/licenses/gpl.html http://sourceware.org/newlib/copying.newlib http://www.nongnu.org/avr-libc/license.txt http://www.gnu.org/licenses/gpl.html http://www.opensource.org/licenses/mit-license.php http://www.boost.org/users/license.html http://www.boost.org/users/license.html http://mvvmlight.codeplex.com/license http://www.opensource.org/licenses/uoi-ncsa.php http://www.arm.com/products/processors/cortex-m/cortex-microcontroller-software- interface-standard.php (a PDF copy of the license agreement can be found in the installation directory of the CMSIS package) IronPython http://opensource.org/licenses/apache2.0.php 4. Ownership; Reserved Rights; License to Atmel Atmel and its licensors will retain full and exclusive title to and ownership of the Licensed Software, including, without limitation, all copyrights, patents, trade secrets and other intellectual property rights in and to the Licensed Software. Nothing contained in this Agreement will be construed as conferring upon Licensee or any third party (whether by implication, operation of law, estoppel or otherwise) any right or license not expressly granted by Atmel to Licensee under this Agreement. Licensee hereby grants to Atmel and its affiliates a non-exclusive, worldwide, fully paid-up, royalty-free, sublicensable license to make, have made, use, sell, offer to sell and import the Licensed Software under any patents of Licensee that, absent this license, would be directly or indirectly infringed by any of the foregoing activities. 5. High Risk Activities LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSED SOFTWARE IS NOT DESIGNED OR APPROVED FOR, AND WILL NOT BE USED (WITHOUT THE EXPRESS WRITTEN APPROVAL OF AN OFFICER OF ATMEL) IN CONNECTION WITH, ANY PRODUCTS THAT ARE USED OR DESIGNED TO BE USED IN CON- NECTION WITH ANY ACTIVITIES WHERE THE FAILURE OF SUCH PRODUCTS 6
COULD REASONABLY BE EXPECTED TO RESULT IN DEATH, BODILY INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVI- TIES"). WITHOUT LIMITATION OF SECTION OR THIS SECTION, IN NO EVENT WILL ATMEL HAVE ANY LIABILITY TO LICENSEE OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO ANY USE OF LICENSED SOFTWARE IN CONNECTION WITH HIGH RISK ACTIVITIES, AND ATMEL HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY HIGH RISK ACTIVITIES. 6. Indemnification Licensee will indemnify, hold harmless and, at Atmel's request, defend Atmel from and against all claims, suits, proceedings, losses, damages, liabilities and expenses (including, without limitation, attorneys' and other professionals' fees) arising out of or relating to (a) Licensee's use or other exploitation of the Licensed Software, or (b) Licensee's breach of this Agreement. 7. Term and Termination This Agreement will remain in effect until terminated. Licensee may terminate this Agreement at any time with written notice to Atmel. This Agreement will automatically terminate if Licensee fails to comply with any of the terms and conditions of this Agreement. 8. Effect of Termination Upon any termination of this Agreement, (a) all licenses granted to Licensee under this Agreement will terminate, (b) Licensee will discontinue all use of the Licensed Software, (c) Licensee will destroy all tangible copies of the Licensed Software and will permanently delete all electronic copies of the Licensed Software, and (d) the rights and obligations of the parties under Sections 8. 3, 5, 6, 8, 9, 10, 11, 12 and 13 will survive such termination. 9. Disclaimer THE LICENSED SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND "WITH ALL FAULTS." ATMEL DOES NOT MAKE, AND ATMEL HEREBY DISCLAIMS, ANY REP- RESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN CONNECTION WITH THE LICENSED SOFTWARE OR ANY OTHER ASPECT OF THIS AGREEMENT, INCLUDING, WITH- OUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. ATMEL WILL HAVE NO OBLIGATION UNDER THIS AGREEMENT TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE LICENSED SOFTWARE, PROVIDE ANY UPDATES, UPGRADES OR NEW RELEASES OF THE LICENSED SOFTWARE, OR OTHER- WISE PROVIDE ANY TECHNICAL SUPPORT OR MAINTENANCE FOR THE LICENSED SOFTWARE. ATMEL MAY MAKE CHANGES TO THE LICENSED SOFT- WARE AT ANY TIME AND WITHOUT ANY OBLIGATION TO NOTIFY LICENSEE OR PROVIDE SUCH CHANGES TO LICENSEE. 10. Limitation of Liability TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ATMEL BE LIABLE TO LICENSEE OR ANY THIRD PARTY (WHETHER SUCH LIABILITY IS 7
BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT THEORY, CONTRIBUTION, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE LICENSED SOFTWARE OR ANY OTHER ASPECT OF THIS AGREEMENT, EVEN IF ATMEL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ATMEL'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE LICENSED SOFTWARE OR ANY OTHER ASPECT OF THIS AGREEMENT (WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY) EXCEED THE GREATER OF (A) THE AGGREGATE OF ALL LICENSE FEES PAID BY LICENSEE TO ATMEL FOR THE LICENSED SOFTWARE AND (B) FIVE HUNDRED DOLLARS ($500). WITHOUT LIM- ITING THE FOREGOING, AND NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, ATMEL WILL NOT BE LIABLE FOR ANY COSTS OF PROCUR- ING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY UNDER ANY CIRCUM- STANCES. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY, DISCLAIM- ERS OF WARRANTIES, EXCLUSION OF DAMAGES AND EXCLUSIVE REMEDIES CONTAINED IN THIS AGREEMENT, AND THAT EACH OF THE FOREGOING PRO- VISIONS FORMS AN ESSENTIAL AND FUNDAMENTAL PART OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH SUCH THE OTHER PARTY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. EACH PARTY AGREES THAT SUCH PROVISIONS WILL SURVIVE AND APPLY NOTWITHSTAND- ING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMI- TATION OF LIABILITY. 11. Compliance with Laws; Export Licensee will comply with the laws and regulations of the United States and all other relevant jurisdictions in connection with its activities related to the Licensed Software. Without limitation of the foregoing, Licensee acknowledges that certain laws and regulations of the United States and other jurisdictions may pertain to the export and reexport of the Licensed Software, and Licensee will not export or re-export any Licensed Software in any form without the appropriate governmental approvals, or otherwise in violation of any such laws or regulations. 12. Governing Law; Dispute Resolution This Agreement is to be construed in accordance with and governed by the internal laws of the State of California (as permitted by Section 1646.5 of the California Civil Code or any similar successor provision), without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the rights and duties of the parties. This Agreement will not be governed by the U.N. Convention on the Sale of Goods, the application of which is expressly excluded. Except for actions for injunctive or other equitable relief, which may be brought in any court of competent jurisdiction, all disputes arising out of or related to this Agreement will be subject to the exclusive jurisdiction of the California 8
state courts in Santa Clara County, California, or if there is exclusive federal jurisdiction, the United States District Court for the Northern District of California, and the Parties hereby consent to, and agree to submit to, the personal and exclusive jurisdiction and venue of such courts. 13. General Licensee will not, and will have no right to, assign, delegate or otherwise transfer (whether voluntarily, by operation of law or otherwise) this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of Atmel, and any purported assignment, delegation or other transfer without such consent will have no force or effect. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns. No failure of either party to enforce any right under this Agreement will be deemed a waiver of such right or any other right under this Agreement. Any waiver by a party of a breach of any provision of this Agreement by the other party hereunder will not be deemed to be a waiver of any subsequent breach of such provision or a waiver of any breach of any other provision of this Agreement. This Agreement may not be superseded, modified, or amended except in a writing signed by an officer of each party. If any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision will be enforced to the extent possible consistent with the intent of the parties, and the remaining provisions of this Agreement will remain in full force and effect. This Agreement will be fairly interpreted in accordance with its terms and without any strict construction against either party because it was drafted by such party or for any other reason. This Agreement will constitute the entire agreement between the parties relating to the subject matter hereof, and expressly supersedes and replaces all prior and contemporaneous agreements, proposals, quotations, negotiations and communications, written or oral, between the parties relating to such subject matter. Atmel Corporation 2325 Orchard Parkway San Jose, CA 95131 http://www.atmel.com Contact information Rohde & Schwarz GmbH & Co. KG Mühldorfstr. 15, 81671 München, Germany Phone: +49 89 41 29-0 Fax: +49 89 41 29 12 164 Email: info@rohde-schwarz.com Internet: www.rohde-schwarz.com R&S is a registered trademark of Rohde & Schwarz GmbH & Co. KG. Trade names are trademarks of the owners. 9