You will not take or fail to take any action that could subject the Licensed Software to an Excluded License. You may not publish or distribute information, results or data associated with the use of the Licensed Software to anyone other than NXP; however, you must advise NXP of any results obtained including any problems or suggested improvements thereof.
NXP retains the right to use such results and related information in any manner it deems appropriate. Your use of the open source software is subject to the terms of each applicable license. You must agree to the terms of each applicable license, or you cannot use the open source software. Your modifications to the Licensed Software, and all intellectual property rights associated with, and title thereto, will be the property of NXP.
You agree to assign all, and hereby do assign all rights, title, and interest to any such modifications to the Licensed Software to NXP and agree to provide all assistance reasonably requested by NXP to establish, preserve or enforce such right.
Further, you agree to waive all moral rights relating to your modifications to the Licensed Software, including, without limitation, all rights of identification of authorship and all rights of approval, restriction, or limitation on use or subsequent modification.
Notwithstanding the foregoing, you will have the license rights granted in Section 2 hereto to any such modifications made by you or your licensees.
You are solely responsible for obtaining licenses for any relevant Essential Patents for your use in connection with technology that you incorporate into your product whether as part of the Licensed Software or not. This Agreement will remain in effect unless terminated as provided in this Section 7.
You may terminate this Agreement immediately upon written notice to NXP at the address provided below. Either party may terminate this Agreement if the other party is in default of any of the terms and conditions of this Agreement, and termination is effective if the defaulting party fails to correct such default within 30 days after written notice thereof by the non-defaulting party to the defaulting party at the address below. Notwithstanding the foregoing, NXP may terminate this Agreement immediately upon written notice if you: breach any of your confidentiality obligations or the license restrictions under this Agreement; become bankrupt, insolvent, or file a petition for bankruptcy or insolvency, make an assignment for the benefit of its creditors; enter proceedings for winding up or dissolution ;are dissolved; or are nationalized or become subject to the expropriation of all or substantially all of its business or assets.
Upon termination of this Agreement, all licenses granted under Section 2 will expire, except that any licenses extended to end-users pursuant to Sections 2. Notwithstanding the termination of this Agreement for any reason, the terms of Sections 1, 3, 5 through 24 will survive. NXP is not obligated to provide any support, upgrades or new releases of the Licensed Software under this Agreement. If you wish, you may contact NXP and report problems and provide suggestions regarding the Licensed Software.
NXP has no obligation to respond to such a problem report or suggestion. NXP may make changes to the Licensed Software at any time, without any obligation to notify or provide updated versions of the Licensed Software to you. To the maximum extent permitted by law, NXP expressly disclaims any warranty for the Licensed Software. The Licensed Software is provided "AS IS", without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
You assume the entire risk arising out of the use or performance of the licensed software, or any systems you design using the licensed software if any. 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 restrictions on certain military end uses and military end users as specified in Section 15 C.
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.
If you sell Authorized Systems directly to any government or public entity, including U. The Licensed Software has been developed at private expense and is a "Commercial Item" as defined in 48 C. Section 2. Section Government end users in object code form as part of, or embedded within, Authorized Systems. Any agreement pursuant to which you share the Licensed Software will include a provision that reiterates the limitations of this document and requires all sub-agreements to similarly contain such limitations.
In some cases, NXP may promote certain software for use in the development of, or for incorporation into, products or services a used in applications requiring fail-safe performance or b in which failure could lead to death, personal injury, or severe physical or environmental damage these products and services are referred to as "Critical Applications".
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