1. Important Notice:
a. General Application Notice:
The software that Infineon Technologies AG, Munich, Germany, (hereinafter referred to as “ Licensor”) hereby makes available to you (hereinafter referred to as “Software”) has been designed by Licensor as
(i) a development tool for use on a PC and/or
(ii) a development tool and software (can be either source code and/or executable code) which may be modified, integrated into your other software (the integrated software, the derivative work of the Software or — in cases where the software will not be integrated — the original Software hereinafter referred to as “Derivative Software”) and such Derivative Software to be displayed and used on your products containing microcontroller products with Derivative Software.
b. Application Notice for Critical Application:
Licensor is not and cannot be aware of the specific application of the Derivative Software and/or of the microcontroller products by each of its customers. However, Derivative Software and microcontroller products may from time to time be used by you and your customers in potentially harmful and/or life-endangering applications such as traffic, logistic, medical, nuclear or military applications or in any other applications where failure of the Derivative Software or the microcontroller product may predictably cause damage to persons’ life or health or to property (hereinafter referred to as “Critical Application”).
Please note that Licensor has not specifically designed or qualified Software for any such Critical Application, that Software may contain errors and bugs and that you yourself are required to qualify and have to require your customers to qualify Derivative Software and microcontroller products for any such Critical Application pursuant to the applicable local quality, safety and legal requirements before permitting or giving access to any such use.
c. Confidentiality Notice:
Irrespective of the form and format of Software delivery (source and/or object code), Licensor treats ideas, concepts and information incorporated in Software as confidential information and as its trade secret that is protected by applicable intellectual property, trade secret and other laws.
a. You are granted no rights to Software other than the rights explicitly stated hereinafter. You shall treat ideas, concepts and information incorporated in Software as confidential information, unless you can prove that such information; (i) is received by you from a third party free to lawfully disclose such information to you; (ii) was in your lawful possession prior to receipt from Licensor as evidenced by written documentation; (iii) is independently developed by you without the benefit of any of the confidential information as evidenced by written documentation; (iv) is approved for release by Licensor; or (v) is required to be disclosed to comply with legal mandatory regulations, a judicial or official order or decree, provided that written advance notice of such judicial action was timely given to Licensor.
You shall not (and shall not allow any third party to) translate, disassemble, reverse engineer, decompile, publicly display, publicly perform, distribute, publish, broadcast or otherwise make available the Software or assign or otherwise transfer any right in the Software, unless permitted by applicable mandatory law. Except as expressly provided herein, Licensor does not grant to you any express or implied rights under any Licensor or third party patents, copyrights, trademarks, or trade secrets. If you violate any of these Terms of Usage, Licensor may immediately terminate these Terms of Usage and require that you stop using and delete all copies of the Software in your possession or control.
d. Your rights of use shall cease if and as soon any third party claims to have intellectual property or copy rights in Software and Licensor informs you or the public hereof via any suitable means.
e. In particular with respect to the fee free licensing of Software you agree that Licensor takes no liability and no responsibility for the operativeness and functionality of Software, especially not for its suitability to create a specific Derivative Software or for any use in connection with any relevant microcontroller product and/or operating system. Notwithstanding the above you accept that Software was developed and tested by Licensor solely in combination with the operating system as described in the respective documentation. Any change of or to the operating system may have adverse effect on the functionality of Software.
f. The Software and Licensor’s Service is provided on an “as is, as available” basis. You shall not rely on the availability of any software upgrade, update and/or documentation and You agree that Licensor makes no representations of or warranty with regard to the accuracy, quality, timeliness, availability, completeness, non-infringement of third party intellectual property rights of or by Software or Licensor’s Service, in particular not for any updates, upgrades or other materials or information available through Licensor’s Service.
g. You further agree that Licensor, its employees, distributors, directors and agents shall not be liable for any damage whatsoever (including but not limited to direct, indirect, incidental, special or consequential damages, loss of profits or loss of data), resulting from the use or attempt to use of the Software, the inability to use the Software, the bad performance, interruption or termination of Licensor’s Service. All liability of Licensor under this Agreement for consequential damage and/or indirect damages including but not limited to lost profits or stop of production shall be excluded.
i. Licensor is not obliged to provide any support, upgrades or new releases of the Software. If you wish, you may contact Licensor and report problems and provide suggestions regarding the Software. Licensor has no obligation whatsoever to respond in any way to such a problem report or suggestion. Licensor may make changes to the Software at any time, without any obligation to notify or provide updated versions of the Software to you.
j. You shall defend, indemnify and hold Licensor harmless against claims based on the allegation that the use of microcontroller products with Derivative Software or the Software licensed hereunder caused personal or property damages if these damages are caused by the improper use of microcontroller products or the Software by you. You agree to fully defend and indemnify Licensor from any and all claims, liabilities, and costs (including reasonable attorney’s fees) related to your violation of the terms and conditions of this Agreement.
k. If any of the above provisions are void under governing law, the remaining provisions of this Agreement will remain valid and the parties undertake to replace this clause by an equivalent lawful provision whose implication in commercial terms shall be as similar as possible to the void clause.
l. These provisions may not be modified, amended, nor waived, except by a written instrument duly executed by the Parties hereto. The requirement of written form itself can only be waived by mutual written agreement.