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ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT OR PRODUCT(S) SUPPLIED
UNDER THIS AGREEMENT IS LIMITED TO THE
AGGREGATE AMOUNT PAID BY LICENSEE
TO FREESCALE IN CONNECTION WITH THE
LICENSED SOFTWARE TO WHICH LOSSES OR
DAMAGES ARE CLAIMED.
COMPLIANCE WITH LAWS; EXPORT
RESTRICTIONS. You must use the Software
in accordance with all applicable export laws,
regulations and statutes. You agree that neither you
nor your licensees (if any) intend to or will, directly
or indirectly, export or transmit the Software to any
country in violation of. any export restrictions.
GOVERNMENT USE. Use of the Software and any
corresponding documentation, if any, is provided with
RESTRICTED RIGHTS. Use, duplication or disclosure
by the Government is subject to restrictions as
set forth in subparagraph (c)(1)(ii) of The Rights
in Technical Data and Computer Software clause
at DFARS 252.227-7013 or subparagraphs (c)(l)
and (2) of the Commercial Computer Software--
Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is Freescale Semiconductor, Inc., 6501
William Cannon Drive West, Austin, TX, 78735.
HIGH RISK ACTIVITIES. You acknowledge that
the Software is not fault tolerant and is not
designed, manufactured or intended by Freescale
for incorporation into products intended for use or
resale in on-line control equipment in hazardous,
dangerous to life or potentially life-threatening
environments requiring fail-safe performance, such as
in the operation of nuclear facilities, aircraft navigation
or communication systems, air traffic control, direct
life support machines or weapons systems, in which
the failure of products could lead directly to death,
personal injury or severe physical or environmental
damage ("High Risk Activities"). You specifically
represent and warrant that you will not use the
Software or any derivative work of the Software for
High Risk Activities.
CHOICE OF LAW; VENUE; LIMITATIONS. You
agree that the statutes and laws of the United States
and the State of Texas, USA, without regard to
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conflicts of laws principles, will apply to all matters
relating to this Agreement or the Software, and
you agree that any litigation will be subject to the
exclusive jurisdiction of the state or federal courts in
Texas, USA.
PRODUCT LABELING. You are not authorized to
use any Freescale trademarks, brand names, or logos.
ENTIRE AGREEMENT. This Agreement constitutes
the entire agreement between you and Freescale
regarding the subject matter of this Agreement, and
supersedes all prior communications, negotiations,
understandings, agreements or representations, either
written or oral, if any. This Agreement may only
be amended in written form, executed by you and
Freescale.
SEVERABILITY. If any provision of this Agreement is
held for any reason to be invalid or unenforceable,
then the remaining provisions of this Agreement
will be unimpaired and, unless a modification or
replacement of the invalid or unenforceable provision
is further held to deprive you or Freescale of a
material benefit, in which case the Agreement will
immediately terminate, the invalid or unenforceable
provision will be replaced with a provision that is
valid and enforceable and that comes closest to the
intention underlying the invalid or unenforceable
provision.
NO WAIVER. The waiver by Freescale of any
breach of any provision of this Agreement will not
operate or be construed as a waiver of any other
or a subsequent breach of the same or a different
provision.
ATTACHMENT A:
SanDisk Corporation Software
The Board Support Package includes software
developed by SanDisk Corporation ("SanDisk"). You
must separately obtain the rights to reproduce and
distribute this software in source code form from
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