Third party software licenses 1. Software license for mbedtls 2.16.6 Apache License Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: (a) You must give any other recipients of the Work or Derivative Works a copy of this License; and (b) You must cause any modified files to carry prominent notices stating that You changed the files; and (c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and (d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS 2. Software license for libhydrogen 0.1.0 /* * ISC License * * Copyright (c) 2017-2019 * Frank Denis * * Permission to use, copy, modify, and/or distribute this software for any * purpose with or without fee is hereby granted, provided that the above * copyright notice and this permission notice appear in all copies. * * THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES * WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF * MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR * ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES * WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN * ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF * OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. */ 3. Software license for ARM CMSIS Apache License Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: (a) You must give any other recipients of the Work or Derivative Works a copy of this License; and (b) You must cause any modified files to carry prominent notices stating that You changed the files; and (c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and (d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS 4. Software license for NXP Plug & Trust Middleware Plug & Trust Middleware License (2020-06-09) IMPORTANT: Before installing this software carefully read the following NXP Software License Agreement ("Agreement") completely. This Agreement is a binding agreement between you and NXP B.V. regarding the use of the software accompanying this Agreement, which includes computer software and provided documentation. By installing, copying or otherwise using the computer software and provided documentation, you agree to be bound by the terms of this Agreement. NXP SOFTWARE LICENSE AGREEMENT This Agreement is between your employer, of which you are an authorized representative, or, if you have no employer, you as an individual ("you" or "Licensee") and NXP B.V., a Netherlands corporation, with offices at High tech Campus 60, 5656 AG Eindhoven, The Netherlands ("NXP"), and it is made and entered into as of the date of first installation of the Licensed Software (as defined below) by Licensee (the "Effective Date"). (NXP and Licensee are occasionally referred to herein individually as a "Party" and collectively as the "Parties.") Whereas, NXP has designed and developed the NXP ICs (as defined below) and Licensee wishes to incorporate the NXP ICs in certain products of Licensee, the "Licensed Products" (as defined below); Whereas, NXP has developed or acquired rights to the Licensed Software, and Licensee desires to license the Licensed Software for use in the Licensed Products solely in conjunction with the NXP ICs; and Whereas, NXP is willing to license the Licensed Software to Licensee for use in the Licensed Products solely in conjunction with the NXP ICs, under the terms and conditions of this Agreement. The Parties hereby agree to the following terms and conditions: 1 DEFINITIONS. In addition to other terms defined elsewhere in this Agreement, the following terms used herein, when the first letter is capitalized, shall have the meanings set forth in this Section 1. All definitions below shall apply both to their singular or plural forms, as the context may require. 1.1 "Affiliate" means, with respect to a Party, any corporation or other legal entity that now or hereafter Controls, is Controlled by or is under common Control with such Party; where "Control" means the direct or indirect ownership of greater than fifty percent (50%) of the shares or similar interests entitled to vote for the election of directors or other persons performing similar functions. An entity is considered an Affiliate only so long as such Control exists. 1.2 "Confidential Information" shall mean the Licensed Software, including where applicable according to Appendix A, all Source Code and Documentation thereof, and any other information provided by NXP to Licensee under this Agreement which has been identified as proprietary and/or confidential information, or that, by its nature and the surrounding circumstances and in good faith, ought to be treated as proprietary and/or confidential. 1.3 "Documentation" shall mean all related comments, annotations, instructions, manuals, and other written materials, whether in printed or electronic form, including without limitation, customer reference and installation manuals, user's guides, and programmer guides that NXP includes or otherwise provides with the Licensed Software, all as set forth on Appendix A. 1.4 "End User" shall mean a person or business enterprise which acquires the Licensed Product for its ordinary personal purposes or use in its normal business operations and not for resale or transfer to others in its ordinary course of business. 1.5 "Executable Code" shall mean the machine-executable version of the Licensed Software as set forth on Appendix A, and further Executable Code, in whole or in part, which results from linking, loading or assembling (or other similar process), as required, the Object Code into machine language, executable form. 1.6 "Intellectual Property Rights" means any and all rights under statute, common law or equity in and under copyrights, trade secrets, and patents (including utility models), and analogous rights throughout the world, including any applications for and the right to apply for, any of the foregoing. 1.7 "Licensed Executable Code" shall mean the Executable Code as set forth on Appendix A. 1.8 "Licensed Object Code" shall mean the Object Code as set forth on Appendix A, 1.9 "Licensed Source Code" shall mean the Source Code as set forth on Appendix A. 1.10 "Licensed Product" shall mean either (a) any hardware product produced by or for Licensee, which incorporates an NXP IC, or (b) Licensee???s software program which is used exclusively in connection with NXP ICs and with which the Licensed Software (in whole or in part) will be integrated. 1.11 "Licensed Software" shall mean all the software, as set forth on Appendix A. 1.12 "NXP ICs" shall mean the integrated circuits of the SE050 platform manufactured and sold by or for NXP. These are recognized by a commercial type name that starts with "Sx050..." whereby "x" is a placeholder for type numbers. 1.13 "Object Code" shall mean all or any portion of the machine-readable or machine language version of the Licensed Software, and all corrections, updates, and revisions and improvements thereto, which NXP provides to Licensee hereunder. 1.14 "Source Code" means the human-readable version of software, including without limitation, associated flow charts, algorithms, comments and other written instructions and technical documentation. 1.15 "Term" shall mean the effective period of this Agreement as further defined in Section 7.1. 2 LIMITED LICENSE. 2.1 License to Executable Code. Subject to the terms and conditions of this Agreement, NXP hereby grants to Licensee during the Term of this Agreement a non-exclusive and non-transferable royalty-free copyright license, without the right to sublicense (except to its Affiliates as provided in Section 2.5 and to its subcontractors as provided in Section 2.6), to use the provided Licensed Executable Code (a) to install all components of the Licensed Executable Code on a hard disk or other storage medium or on a network fileserver, (b) to create backup copies of the Licensed Executable Code, and (c) to install and use the Licensed Executable Code solely in-house. The Licensed Executable Code may only be used in conjunction with or for the NXP ICs. 2.2 License to Object Code. Subject to the terms and conditions of this Agreement, NXP hereby grants to Licensee during the Term of this Agreement a non-exclusive, personal, non-transferable royalty-free copyright license, without the right to sublicense (except to its Affiliates as provided in Section 2.5 and to its subcontractors as provided in Section 2.6), to use the Licensed Object Code solely in conjunction with or for the NXP ICs in the Licensed Product, and distribute the Licensed Software, solely in Executable Code form and solely for use in conjunction with or for the NXP ICs. 2.3 License to Source Code. Subject to the terms and conditions of this Agreement, NXP hereby grants to Licensee during the Term of this Agreement a non-exclusive, personal, non-transferable royalty-free copyright license, without the right to sublicense (except to its Affiliates as provided in section 2.5) to use and reproduce the Licensed Source Code for the sole purpose of: (i) creating modifications of the Licensed Source Code, (ii) compiling the Licensed Source Code and/or the modifications of the Licensed Source Code into Object Code, and (iii) using and distributing such generated Licensed Software in accordance with the license for Licensed Object Code as granted under the previous Section 2.2 of this Agreement. The Licensed Source Code may only be used in conjunction with or for the NXP ICs. 2.4 License to Documentation. Subject to the terms and conditions of this Agreement, NXP hereby grants to Licensee during the Term of this Agreement a non-exclusive, personal, non-transferable royalty-free copyright license, without the right to sublicense (except to its Affiliates as provided in Section 2.5 and to its subcontractors as provided in Section 2.6), to internally use the Documentation solely to support and exercise the license rights granted under Sections 2.1, 2.2 and 2.3. 2.5 Subject to the conditions, restrictions and Licensee's obligations under this Agreement Licensee may grant to its Affiliates a sublicense under the licenses granted to Licensee in aforementioned Sections 2.1, 2.2, 2.3 and 2.4. Licensee shall cause such Affiliate(s) to fully comply with the terms and conditions of this Agreement, and shall be solely and fully liable to NXP in case of a breach of this Agreement by any Licensee's Affiliates. 2.6 Subject to the conditions, restrictions and Licensee's obligations under this Agreement Licensee may grant to its subcontractors a sublicense under the licenses granted to Licensee in aforementioned Sections 2.1, 2.2 and 2.4. Licensee shall cause such subcontractors to fully comply with the terms and conditions of this Agreement, and shall be solely and fully liable to NXP in case of a breach of this Agreement by any Licensee's subcontractors. 3 LICENSE RESTRICTIONS. 3.1 Licensee shall not copy, reproduce or distribute Licensed Software and/or Documentation except as expressly provided under Section 2. 3.2 Except as expressly provided under Section 2, Licensee shall not, and shall not permit any third party to, modify, adapt, alter, translate, or create derivative works from any portion of the Licensed Software or Documentation, nor reverse assemble, decompile, disassemble or otherwise attempt to derive Source Code of the Licensed Executable Code or the Licensed Object Code, except and solely to the extent such action is expressly permitted by mandatory applicable law in spite of this provision. 3.3 Licensee shall not, and shall not permit any third party to, assign, sublicense, lease, rent, loan, transfer, disclose, or otherwise make available the Licensed Software or Documentation. 3.4 All licenses granted to Licensee under this Agreement shall immediately end upon the termination of this Agreement. 3.5 The Licensed Software is licensed (under copyright only) and not sold, and any and all references to "sale" or "sold" of any Licensed Software shall be deemed to mean a copyright license, and no ownership or assignment of any Intellectual Property Rights is intended nor shall be implied thereby. 3.6 Other than the limited copyright license granted to Licensee under Section 2 herein, no other rights or licenses are granted, or implied by estoppel or otherwise, under any Intellectual Property Rights of NXP and/or its Affiliates or any intellectual property residing in the Licensed Software, Documentation or any other Confidential Information furnished by NXP. 3.7 Notwithstanding anything to the contrary herein, this Agreement shall not be construed as conferring any right, license or immunity, either directly or by implication, estoppel or otherwise to Licensee or any third party acquiring any Licensed Software, Documentation or other Confidential Information furnished by NXP: a) under any Intellectual Property Rights of NXP or any third party other than explicitly granted under this Agreement; b) for the combination of the Licensed Software, Documentation or other Confidential Information with one or more other items (including items acquired from NXP and/or its Affiliates) even if such items have no substantial use other than as part of such combination, unless infringement of NXP Intellectual Property Rights necessarily results from applying one or more of such items furnished by NXP to Licensee. c) with respect to any trademark, trade or brand name, a corporate name of NXP and/or its Affiliate(s), or any other name or mark, or contraction abbreviation or simulation thereof. d) under any Intellectual Property Rights of NXP and/or its Affiliates covering a standard set by a standard setting body and/or agreed to between at least two companies. e) under any Intellectual Property Rights of NXP and/or its Affiliates with respect to which NXP and/or its Affiliates has informed Licensee or has published (in a datasheet or other specifications concerning the Product or elsewhere) a statement that a separate license has to be obtained and/or that no implied license is granted; or f) under any Intellectual Property Rights of NXP and/or its Affiliates relating to manufacturing or technical information except as expressly required under this Agreement. 3.8 Licensee's rights under this Agreement are conditional upon Licensee not performing, and Licensee shall not perform any actions in a manner that would require any Licensed Software or any derivative work thereof, to be licensed under Open License Terms. These actions include but are not limited to: (i) combining the Licensed Software or a derivative work thereof with Open Source Software, by means of incorporation or linking or otherwise; or (ii) distributing the Licensed Software or a derivative work thereof with Open Source Software; or (iii) using Open Source Software to create a derivative work of the Licensed Software, insofar as these actions would require the Licensed Software or a derivative work thereof to be licensed under Open License Terms. As used herein, "Open Source Software" means any software that is licensed under Open License Terms. "Open License Terms" means terms in any license agreement or grant that require as a condition of use, modification and/or distribution of a work that: 1. source code will be made available, or 2. permission will be granted for creating derivative works, or 3. a royalty-free license is granted to any party under any Intellectual Property Rights regarding that work and/or any other work that contains, is combined with, requires or is based on that work. Notwithstanding any limitation of liability under this Agreement Licensee shall without any limitations indemnify NXP and its Affiliates against and hold NXP and its Affiliates harmless from any damage or costs arising from or in connection with any violation or breach of the provisions of this Section 3 and Licensee shall reimburse all costs and expenses incurred by NXP and/or its Affiliates in defending any claim, demand, suit or proceeding arising from or in connection with such violation or breach. 3.9 Any use of any other software that might be delivered or installed together with the Licensed Software and that is not included in the Licensed Software (i.e. any library for cryptographic algorithms) is not part of this Agreement and mandatorily requests a separate license agreement with NXP. 4 OWNERSHIP RIGHTS AND OTHER RIGHTS. 4.1 All Intellectual Property Rights covering the Licensed Software, Documentation and other Confidential Information provided hereunder, and all ownership rights in and to such Intellectual Property Rights, Licensed Software, Documentation and other Confidential Information, shall remain solely and exclusively with NXP, its Affiliates or its third party suppliers, whether or not it was developed specifically for the Licensee. 4.2 Licensee shall not remove or alter any NXP, its Affiliates, or third party supplier copyright notices, proprietary information notices or restricted rights notices contained in any of the Licensed Software, Documentation, and Confidential Information, and shall affix to any media containing a copy or all or any portion thereof, all copyright notices, proprietary information notices and restricted rights notices as were affixed to the original media. 4.3 NXP and its Affiliates shall have the right to use any feedback provided by Licensee to NXP relating to the Licensed Software and its related Documentation without any limitation for any purpose. In the event that Licensee at any time creates any modification of the Licensed Software or any Intellectual Property Rights related thereto, Licensee hereby grants NXP and NXP's Affiliates a fully paid-up, royalty free, perpetual, irrevocable, world-wide, non-exclusive license to use, modify, sell, copy, license, distribute, and make derivate work from such modification and/or Intellectual Property Rights, and to grant sub-licenses on the same terms to any third party. 4.4 Licensee agrees and acknowledges that the Licensed Software shall be owned by NXP and/or its Affiliates. 5 AUDIT. During the Term of this Agreement and for three years thereafter, NXP, or its designated representative, shall have the right, upon reasonable notice, to audit all relevant books and records of Licensee to ensure Licensee's compliance with the terms and conditions of this Agreement. Licensee shall willingly co-operate and provide all such assistance in connection with such audit as NXP and/or its auditors may require. The audit will be conducted at NXP's expense, unless the audit reveals that Licensee has breached the license terms under this Agreement. 6 THIRD PARTY RIGHTS. 6.1 The Licensed Software is supplied with, and uses, third party software or materials which are governed by their own separate license agreements set forth in separate document(s) (e.g. ???Third Party License.pdf???) that accompany the Licensed Software (together "Delivered Third Party Software"). This Agreement does not apply to the Delivered Third Party Software and they are not included in the term "Licensed Software" under this Agreement. You agree to comply with all terms and conditions imposed on you in respect of the Delivered Third Party Software ("Third Party Terms"). Any provisions in this Agreement which differ from Third Party Terms are offered by NXP alone and shall not supersede or modify any Third Party Terms. In addition to Third Party Terms, the disclaimer of warranty and limitation of liability provisions in this Agreement shall apply to all Licensed Software and Delivered Third Party Software. 6.2 NXP HEREBY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED FROM ANY THIRD PARTIES REGARDING ANY DELIVERED THIRD PARTY SOFTWARE, ANY THIRD PARTY MATERIALS INCLUDED IN THE LICENSED SOFTWARE, ANY THIRD PARTY MATERIALS FROM WHICH THE LICENSED SOFTWARE IS DERIVED (COLLECTIVELY "OTHER CODE"), AND THE USE OF ANY OR ALL THE OTHER CODE IN CONNECTION WITH THE LICENSED SOFTWARE, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. 6.3 NO THIRD PARTY LICENSORS OF THE OTHER CODE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND WHETHER MADE UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE OTHER CODE OR THE EXERCISE OF ANY RIGHTS GRANTED UNDER EITHER OR BOTH THIS AGREEMENT AND THE LEGAL TERMS APPLICABLE TO ANY SEPARATE FILES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7 TERM AND TERMINATION. 7.1 This Agreement shall commence on the Effective Date and shall remain in effect unless terminated as provided in this Section 7 (the "Term"). 7.2. Licensee may terminate this Agreement immediately upon written notice to NXP at the address provided above. 7.3 Without prejudice to any rights or remedies of NXP, NXP may, by written notice to Licensee, terminate with immediate effect this Agreement, without any liability whatsoever, if: (a) Licensee violates or breaches any of the provisions of this Agreement; or (b) a voluntary or involuntary petition in bankruptcy or winding up is filed against Licensee, any proceedings in insolvency or bankruptcy (including reorganization) are instituted against Licensee, a trustee or receiver is appointed over Licensee, or any assignment is made for the benefit of creditors of Licensee. 7.4 Upon termination of this Agreement, Licensee shall immediately return all Licensed Software, Documentation and other Confidential Information to NXP. 8 CONFIDENTIALITY. 8.1 Licensee shall retain in confidence and not disclose to any third person or employees except to those Licensee permanent employees who have a legitimate need to know any Confidential Information that it receives from NXP hereunder, and Licensee shall not use the Confidential Information for any purpose whatsoever except for the purpose of this Agreement. 8.2 Licensee represents and warrants that Licensee shall have as of the Effective Date, and shall maintain thereafter, with each of its employees who will have access to any Confidential Information, prior to their access to any Confidential Information, a written, signed agreement legally sufficient and effective to enable Licensee and each such employee to comply with all the provisions of this Agreement. 8.3 Except as expressly permitted in Section 2, Licensee shall not, and shall not permit anyone else to use, reproduce, duplicate, or otherwise disclose, distribute or disseminate any Confidential Information. Licensee agrees to take all reasonable steps to prevent disclosure and unauthorized use of Confidential Information and to use no less than same degree of care that it uses with respect to its own confidential information of similar kind or nature. Licensee shall promptly notify NXP of any unauthorized access to or any unauthorized use or disclosure of Confidential Information. 8.4 Licensee's obligations of confidentiality under this Agreement shall not apply to information that Licensee can establish by legally sufficient evidence: (i) is or becomes publicly available through no act or omission of the Licensee; (ii) is known to Licensee or in its possession, as shown by dated documentation prior to receipt; (iii) is independently developed by Licensee, as shown by dated documentation; or (iv) is rightfully received by Licensee on a non-confidential basis from a third party, as shown by dated documentation, without breach of this Agreement by Licensee. 9 WARRANTY. 9.1 The Licensed Software and related Documentation are provided to Licensee AS IS WITHOUT WARRANTY OF ANY KIND, which is accepted by Licensee. NXP makes no warranties to Licensee and shall not indemnify Licensee or hold it harmless for any reason related to the Licensed Software or Documentation, or otherwise be liable to Licensee. Licensee acknowledges and agrees that the Licensed Software and Documentation are provided AS IS and accepts all risks of utilizing the Licensed Software and Documentation under the conditions set forth in this Agreement. 9.2 NXP EXPRESSLY DISCLAIMS ALSO ON BEHALF AND FOR THE BENEFIT OF ITS AFFILIATES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. NXP SHALL HAVE NO LIABILITY TO LICENSEE, ITS AFFILIATES, OR ANY OTHER THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING OR ALLEGDED TO HAVE RESULTED FROM ANY DEFECT, ERROR OR OMMISSION IN THE LICENSED SOFTWARE, DOCUMENTATION AND/OR OTHER CODE, OR AS A RESULT OF ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. 10 LIMITATION OF LIABILITY 10.1 EXCEPT FOR LICENSEE'S LIABILITY FOR BREACH OF SECTIONS 2, 3, 4, 8, OR 11.4 HEREOF, NO PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOST SAVINGS) WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY - EVEN IF SUCH PARTY HAS BEEN ADVISED, OR IS AWARE, OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NXP BE LIABLE FOR ANY DAMAGE, COSTS OR EXPENSES ASSOCIATED WITH WARRANTY OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS WHETHER FOR THE REPLACEMENT OR REPAIR OF PRODUCTS, INCLUDING LABOR, INSTALLATION OR OTHER COSTS INCURRED BY LICENSEE AND, IN PARTICULAR, ANY COSTS RELATED TO THE REMOVAL OR REPLACEMENT OF ANY PRODUCTS SOLDERED OR OTHERWISE PERMANENTLY AFFIXED TO ANY PRINTED CIRCUIT BOARD, EXCESS PROCUREMENT COSTS, OR REWORK CHARGES. NOTWITHSTANDING ANY DAMAGES THAT LICENSEE MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF NXP UNDER ANY PROVISION OF THIS AGREEMENT AND LICENSEE???S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY LICENSEE BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY LICENSEE UNDER THIS AGREEMENT OR FIVE EUROS (???5). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 10.2 THE LICENSED SOFTWARE IS NOT DESIGNED, AUTHORIZED OR WARRANTED TO BE SUITABLE FOR USE IN MEDICAL, MILITARY, AIR CRAFT, SPACE OR LIFE SUPPORT EQUIPMENT NOR IN APPLICATION WHERE FAILURE OR MALFUNCTION OF THE LICENSED SOFTWARE CAN REASONABLY BE EXPECTED TO RESULT IN A PERSONAL INJURY, DEATH OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE. INCLUSION AND /OR USE OF LICENSED SOFTWARE IN SUCH EQUIPMENT OR APPLICATIONS, WITHOUT PRIOR AUTHORIZATION IN WRITING OF NXP, IS NOT PERMITTED AND FOR LICENSEE'S OWN RISK. LICENSEE AGREES TO FULLY INDEMNIFY NXP FOR ANY DAMAGES RESULTING FROM SUCH INCLUSION OR USE. 11 GENERAL. 11.1 All defined terms and the provisions of Sections 1, 3, 4, 5, 6, 7, 8, 9, 10 and 11 shall survive the termination of this Agreement. 11.2 This Agreement will be binding upon and inure to the benefit of the Parties and their permitted successors and assigns. Licensee shall not assign its rights or obligations under this Agreement without the prior written consent of NXP, and any purported assignment without such consent shall be void and have no force or effect. Without limiting the generality of the foregoing, a change in the majority ownership or control of Licensee, by the transfer, directly or indirectly, of fifty percent (50%) or more of the shares of Licensee entitled to vote for the election of directors or other persons performing similar functions, or by equivalent change in ownership or control of Licensee if a partnership or other non-corporate form, shall be deemed an assignment of this Agreement by Licensee for the purpose of this Section 11.2. In the event of Licensee???s assignment or attempted assignment of this Agreement without the prior written consent of NXP, this Agreement shall terminate and all Licensed Software, Documentation, Confidential Information and related materials shall be returned to NXP within ten (10) days. NXP may assign this Agreement, or any part of this Agreement, in its sole discretion. 11.3 The Parties hereto intend to establish a relationship of licensee and licensor and as such are independent contractors with neither Party having authority to act as an agent or legal representative of the other to create any obligation, express or implied, on behalf of the other. No principal/agent, joint venture or partnership relationship is created between them by this Agreement. 11.4 Each Party shall comply with all applicable export and import control laws and regulations including, but not limited to, the US Export Administration Regulations (including prohibited party lists issued by other federal governments, and restrictions on certain military end uses and military end users as specified in Section 15 C.F.R. ?? 744.21), Catch-all regulations and all national and international embargoes. Each Party further agrees that it will not knowingly transfer, divert, export or re-export, directly or indirectly, any product, software, including software source code, or technology restricted by such regulations or by other applicable national regulations, received from the other Party under this Agreement, or any direct product of such software or technical data to any person, firm, entity, country or destination to which such transfer, diversion, export or re-export is restricted or prohibited, without obtaining prior written authorization from the applicable competent government authorities to the extent required by those laws. 11.5 Licensee acknowledges that a breach of this Agreement may cause irreparable damage for which recovery of money damages would be inadequate, and that, in addition to any and all remedies available at law and equity, NXP shall be entitled to seek injunctive relief to protect its rights under this Agreement. 11.6 Each Party acknowledges and agrees that this Agreement does not confer any rights to use any of the other Party's names, trademarks, or logos for any reason, including but not limited to, in connection with it advertising, publicity or other marketing activities. 11.7 The failure on the part of either Party to exercise, or any delay in exercising, any right or remedy arising from this Agreement shall not operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy arising therefrom preclude any other or future exercise thereof or the exercise of any other right or remedy arising from this Agreement or by law. 11.8 The headings and captions to Sections of this Agreement are for reference and only and shall not affect the construction or interpretation of this Agreement. 11.9 This Agreement shall be governed by and construed in accordance with the laws of The Netherlands, without regard to provisions concerning conflicts of law. Licensee submits and consents to, for the exclusive benefit of NXP, the jurisdiction of the courts of Amsterdam, The Netherlands. The Parties however also agree that NXP, at NXP's sole discretion, may also elect to bring legal action regarding any dispute arising from or in connection with this Agreement before any court in any country (or political subdivision thereof) which may have jurisdiction and Licensee herewith irrevocably and unconditionally submits to the exclusive jurisdiction of the courts chosen by NXP. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. 11.10 All notices or communications to be given under this Agreement shall be in writing and shall be deemed to be validly given by delivery thereof to its recipient if (i) delivered upon hand delivery, or (ii) by deposit in the mail of the home country of the Party, postage prepaid, by certified, registered or first class mail or equivalent, or (iii) by nationally recognized overnight courier service (e.g., FedEx, UPS) prepaid, all of which are addressed to a Party at its addresses set forth above or such other address that a Party may notify the other Party from time to time, in accordance with this Section 11.10. Any written notice is deemed to have been received, if sent by hand delivery, certified or registered, first class (or equivalent) mail or prepaid overnight courier, at the time of its delivery. 11.11 Neither Party shall publicize or disclose the existence or terms of this Agreement to any third Party, other than on a confidential basis to its legal and financial advisors, without the prior written consent of the other, except as otherwise may be required by law. 11.12 In the event that any provision(s) of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction or by any future legislative or administrative action, such holding or action shall not negate the validity or enforceability of any other provisions hereof. 11.13 This Agreement, including its Appendices, sets forth the entire agreement between the Parties relating to the subject matter herein, and supersedes and replaces all prior or contemporaneous agreements, discussions and understandings, written or oral, with respect to such subject matter. Each Party represents that it is duly authorized to enter into this Agreement. This Agreement may only be amended in written form, signed by Licensee and NXP. APPENDIX A A.1. LICENSED SOFTWARE A.1.2 SOURCE CODE A.1.2.1 Android Keymaster - Location: akm/ - Description: SW Android Key master integration - License: NXP proprietary A.1.2.2 SE050 OpenSSL Engine - Location: hostLib/embSeEngine, sss/plugin/openssl - Description: OpenSSL engine, implementing an interface under the OpenSSL license. - License: NXP proprietary + OpenSSL license for interface A.1.2.3 Host Library - Location: hostLib/hostlib, - Description: Host library for SE050, SE051 and A71CH IC platforms - License: NXP proprietary A.1.2.4 Virtual COM Port Binaries - Location: *.bin files in binaries/ folder - Description: Precompiled binaries for virtual com port for Kinetis K64F - License: NXP proprietary A.1.2.5 Demos - Location: /demos - Description: Example and usecases - License: NXP proprietary A.1.2.7 MCUXpresso Project files - Location: /projects - Description: Project files for MCUXpresso IDE - License: NXP proprietary A.1.2.8 PYCLI / SSSCLI Pre Compiled - Location: binaries/pySSSCLI/libsssapisw.dll and PYCLI compiled code in binaries/pySSSCLI/library.zip - Description: Precompiled PYCLI/SSSCLI for Windows PC with Python27 - License: NXP proprietary A.1.2.9 SSS APIs - Location : /sss - Description : Crypt functional APIs - License: NXP proprietary A.1.2.10 Tools - Location: /tools - Description: Pre compiled binaries for PYCLI - License: NXP proprietary A.1.2.11 Scripts - Location: /scripts - Description: Helper scripts and utilities - License: NXP proprietary A.1.2.12 PYCLI / SSSCLI - Location : /pycli - Description: Command line tool to help with demos - License: NXP proprietary A.1.2.13 SEMS Lite - Location : /semslite - Description: Source code and tools to update Applet in SE051 - License: NXP proprietary A.1.2.14 SEMS Lite system tools - Location : /semslite_sys_tools - Description: Helper tools to convert applet update scripts to different formats - License: NXP proprietary A.2 DOCUMENTATION A.2.1 Documentation created by Doxygen, Sphinx, Exhale, Breathe - Location: doc/ - Description: SE050 Host SW Documentation created from source files and additional documentation material contained in doc/ - License: NXP proprietary