THIS MASTER SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERNS YOUR USE OF THE LICENSED MATERIALS. INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, INDICATES YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT REGARDLESS OF WHETHER YOU CLICK THE “ACCEPT” BUTTON. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OR IF YOU ARE NOT AUTHORIZED TO ACCEPT THE TERMS OF THIS LICENSE ON BEHALF OF YOUR EMPLOYER, DECLINE THE LICENSE TERMS AND DO NOT USE THE SOFTWARE OR DOCUMENTATION. THESE TERMS GOVERN YOUR CONTINUED USE OF THE LICENSED MATERIALS THAT YOU DOWNLOAD NOW OR IN THE FUTURE, INCLUDING SUCH ADDITIONAL SOFTWARE MADE AVAILABLE TO YOU THROUGH THE LICENSED MATERIALS YOU HAVE SELECTED, AND ALL UPDATES AND VERSIONS OF SUCH SOFTWARE.
“Application” means a product developed by Licensee, or for Licensee by a third party, that contains Licensed Programs.
“Authorized Application” means an Application that contains, integrates, is packaged with, or functions with a Silicon Labs Device in Licensee’s Application. This includes a Licensed Program embedded in a network co-processor or host processor that operates in conjunction with a Silicon Labs Device.
“Authorized Subcontractor” means a third-party subcontractor that you engage to design or manufacture Authorized Applications and has executed an agreement that is consistent with the terms of this Agreement, including its confidentiality provisions. At all times, you shall remain responsible for the actions or non-actions of your Authorized Subcontractors the same as if the action or non-action was committed by you.
“Commercial License” means an executed, in effect, software license agreement between Licensee and Silicon Labs that governs Licensee’s rights and obligations with respect to Licensee’s use of Micrium Software.
“Commercial Purpose” means embedding Micrium Software in any Application that you sell or license to End Users or plan to do so.
“Derivative Works” means a work based upon the Source Code version of the Software, such as a revision, modification, translation, abridgment, condensation, expansion or any other form in which such Software may be recast, transformed or adapted, and that, if prepared without authorization from Silicon Labs, would constitute copyright infringement.
“Documentation” means Silicon Labs technical documentation related to the Software, excluding advertising or marketing materials.
“Embedded Stacks” means Software (other than Micrium Software) that is stack libraries, application layers, and example code.
“End User” means a purchaser, sublicensee, recipient and/or user of an Application obtained directly or indirectly from Licensee.
“External Manufacturers” means a third-party manufacturer, including such manufacturer’s subcontractors and agents, which is authorized by Licensee to design and/or manufacture the Applications and to use, install, and test the Applications and the Licensed Programs.
“Firmware” means executable or binary code that is embedded in the Silicon Labs Device in ROM or flash memory and cannot be modified by Licensee.
“Licensee” or “you” means the acquirer of the license rights granted by this Agreement. If you are an individual working solely on your own behalf, then you are the Licensee. If you are an employee working on behalf of your employer, then your employer is the Licensee and you confirm that you are authorized to accept the terms of this Agreement on behalf of your Employer.
“Licensed Programs” means Software in Object Code form that was either originally in Object Code form or was compiled from the Software or Derivative Works and is designed to operate in Applications in conjunction with Silicon Labs Devices.
“Licensed Materials” means Software and the related Documentation including all updates and upgrades of the foregoing.
“Micrium Software” means the Micrium real time kernel within the Micrium real time operating system (Micrium OS).
“Object Code” means computer programming code in binary form suitable for machine execution by a processor without the intervening steps of interpretation or compilation.
“Open Source Software” means the Source Code version of software that may be freely used, modified or distributed without payment of a license fee or royalties subject to the terms of a publicly available software license.
“Personal Information” means data concerning an individual user, including but not limited to a user’s activity on a Silicon Labs website, location, IP address, mobile device ID, name, or biometric data collected, stored or transmitted by a Silicon Lab Device or Software.
“SDK” means software development kit (other than Micrium Software).
“Silicon Labs” means Silicon Laboratories Inc., a Delaware corporation located at 400 W. Cesar Chavez, Austin, TX 78701 if you are physically located within the United States. If you are physically located outside of the United States, Silicon Labs means Silicon Laboratories International Pte Ltd., a Singapore corporation located at No. 18 Tai Seng Street, #05-01, 18 Tai Seng, Singapore 539775.
“Silicon Labs Devices” means Silicon Labs branded integrated circuit chips purchased from Silicon Labs or one of its authorized distributors.
“Silicon Labs Open Source Code” means Software created by Silicon Labs and delivered to Licensee in Source Code format and which may be used by Licensee subject only to the terms set forth in Section 6 of this Agreement.
“Software” means the computer programing code that was downloaded or otherwise distributed to Licensee and which is the subject of this Agreement. Software may be in Object Code or Source Code form or may be embedded as Firmware in a Silicon Labs Device. Your rights are different depending on whether the Software is delivered to you in Object Code, Source Code or Firmware. Software that is Micrium Software is subject to specific terms and conditions defined in Section 2.
“Source Code” means the computer programming code in an uncompiled form readable by humans which cannot be executed by a processor unless it is compiled into binary form.
“Third Party Software” means any software that Silicon Labs has licensed from a third party.
“Warranty Period” means the period of time ending thirty (30) days after the first delivery of the Software to the Licensee, whether such delivery is in the form of a download or actual physical delivery.
“Unauthorized Use” means use or inclusion of the Licensed Materials in (a) life support, aeronautical, aerospace, medical, military or nuclear applications; (b) FDA Class III or other devices for which FDA premarket approval is required; (c) implantable devices; (d) life support or life endangering applications where failure or inaccuracy might cause death or personal injury; and (e) automotive or transportation applications or environments unless the specific Silicon Labs Device has been designated by Silicon Labs as compliant with ISO/TS 16949 requirements.