| (C) Ericsson AB 2013. All Rights Reserved. |
| |
| Software License Agreement |
| |
| PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS PRIOR TO USING THE |
| ERICSSON TEXTURE COMPRESSION CODEC SOFTWARE (THE "SOFTWARE"). THE USE |
| OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE |
| FOLLOWING SOFTWARE LICENSE AGREEMENT (THE "SLA"). IF YOU DO NOT ACCEPT |
| SUCH TERMS AND CONDITIONS YOU MAY NOT USE THE SOFTWARE. |
| |
| Subject to the terms and conditions of the SLA, the licensee of the |
| Software (the "Licensee") hereby, receives a non-exclusive, |
| non-transferable, limited, free-of-charge, perpetual and worldwide |
| license, to copy, use, distribute and modify the Software, but only |
| for the purpose of developing, manufacturing, selling, using and |
| distributing products including the Software in binary form, which |
| products are used for compression and/or decompression according to |
| the Khronos standard specifications OpenGL, OpenGL ES and |
| WebGL. Notwithstanding anything of the above, Licensee may distribute |
| [etcdec.cxx] in source code form provided (i) it is in unmodified |
| form; and (ii) it is included in software owned by Licensee. |
| |
| If Licensee institutes, or threatens to institute, patent litigation |
| against Ericsson or Ericsson's affiliates for using the Software for |
| developing, having developed, manufacturing, having manufactured, |
| selling, offer for sale, importing, using, leasing, operating, |
| repairing and/or distributing products (i) within the scope of the |
| Khronos framework; or (ii) using software or other intellectual |
| property rights owned by Ericsson or its affiliates and provided under |
| the Khronos framework, Ericsson shall have the right to terminate this |
| SLA with immediate effect. Moreover, if Licensee institutes, or |
| threatens to institute, patent litigation against any other licensee |
| of the Software for using the Software in products within the scope of |
| the Khronos framework, Ericsson shall have the right to terminate this |
| SLA with immediate effect. However, should Licensee institute, or |
| threaten to institute, patent litigation against any other licensee of |
| the Software based on such other licensee's use of any other software |
| together with the Software, then Ericsson shall have no right to |
| terminate this SLA. |
| |
| This SLA does not transfer to Licensee any ownership to any Ericsson |
| or third party intellectual property rights. All rights not expressly |
| granted by Ericsson under this SLA are hereby expressly |
| reserved. Furthermore, nothing in this SLA shall be construed as a |
| right to use or sell products in a manner which conveys or purports to |
| convey whether explicitly, by principles of implied license, or |
| otherwise, any rights to any third party, under any patent of Ericsson |
| or of Ericsson's affiliates covering or relating to any combination of |
| the Software with any other software or product (not licensed |
| hereunder) where the right applies specifically to the combination and |
| not to the software or product itself. |
| |
| THE SOFTWARE IS PROVIDED "AS IS". ERICSSON MAKES NO REPRESENTATIONS OF |
| ANY KIND, EXTENDS NO WARRANTIES OR CONDITIONS OF ANY KIND, EITHER |
| EXPRESS, IMPLIED OR STATUTORY; INCLUDING, BUT NOT LIMITED TO, EXPRESS, |
| IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF TITLE, |
| MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, AND FITNESS FOR A |
| PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE |
| OF THE SOFTWARE IS WITH THE LICENSEE. SHOULD THE SOFTWARE PROVE |
| DEFECTIVE, THE LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, |
| REPAIR OR CORRECTION. ERICSSON MAKES NO WARRANTY THAT THE MANUFACTURE, |
| SALE, OFFERING FOR SALE, DISTRIBUTION, LEASE, USE OR IMPORTATION UNDER |
| THE SLA WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER |
| INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND THE VALIDITY OF THE |
| LICENSE AND THE SLA ARE SUBJECT TO LICENSEE'S SOLE RESPONSIBILITY TO |
| MAKE SUCH DETERMINATION AND ACQUIRE SUCH LICENSES AS MAY BE NECESSARY |
| WITH RESPECT TO PATENTS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY OF |
| THIRD PARTIES. |
| |
| THE LICENSEE ACKNOWLEDGES AND ACCEPTS THAT THE SOFTWARE (I) IS NOT |
| LICENSED FOR; (II) IS NOT DESIGNED FOR OR INTENDED FOR; AND (III) MAY |
| NOT BE USED FOR; ANY MISSION CRITICAL APPLICATIONS SUCH AS, BUT NOT |
| LIMITED TO OPERATION OF NUCLEAR OR HEALTHCARE COMPUTER SYSTEMS AND/OR |
| NETWORKS, AIRCRAFT OR TRAIN CONTROL AND/OR COMMUNICATION SYSTEMS OR |
| ANY OTHER COMPUTER SYSTEMS AND/OR NETWORKS OR CONTROL AND/OR |
| COMMUNICATION SYSTEMS ALL IN WHICH CASE THE FAILURE OF THE SOFTWARE |
| COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, MATERIAL OR |
| ENVIRONMENTAL DAMAGE. LICENSEE'S RIGHTS UNDER THIS LICENSE WILL |
| TERMINATE AUTOMATICALLY AND IMMEDIATELY WITHOUT NOTICE IF LICENSEE |
| FAILS TO COMPLY WITH THIS PARAGRAPH. |
| |
| IN NO EVENT SHALL ERICSSON BE LIABLE FOR ANY DAMAGES WHATSOEVER, |
| INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, ANY GENERAL, SPECIAL, |
| INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN |
| CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING |
| BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERUPTIONS, OR ANY |
| OTHER COMMERCIAL DAMAGES OR LOSSES, LOSS OF DATA OR DATA BEING |
| RENDERED INACCURATE OR LOSSES SUSTAINED BY THE LICENSEE OR THIRD |
| PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER |
| SOFTWARE) REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR |
| OTHERWISE), EVEN IF THE LICENSEE OR ANY OTHER PARTY HAS BEEN ADVISED |
| OF THE POSSIBILITY OF SUCH DAMAGES. |
| |
| Licensee acknowledges that "ERICSSON ///" is the corporate trademark |
| of Telefonaktiebolaget LM Ericsson and that both "Ericsson" and the |
| figure "///" are important features of the trade names of |
| Telefonaktiebolaget LM Ericsson. Nothing contained in these terms and |
| conditions shall be deemed to grant Licensee any right, title or |
| interest in the word "Ericsson" or the figure "///". No delay or |
| omission by Ericsson to exercise any right or power shall impair any |
| such right or power to be construed to be a waiver thereof. Consent by |
| Ericsson to, or waiver of, a breach by the Licensee shall not |
| constitute consent to, waiver of, or excuse for any other different or |
| subsequent breach. |
| |
| This SLA shall be governed by the substantive law of Sweden. Any |
| dispute, controversy or claim arising out of or in connection with |
| this SLA, or the breach, termination or invalidity thereof, shall be |
| submitted to the exclusive jurisdiction of the Swedish Courts. |