211 lines
12 KiB
Plaintext
211 lines
12 KiB
Plaintext
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CYPRESS END USER LICENSE AGREEMENT
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PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE
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DOWNLOADING, INSTALLING, COPYING, OR USING THIS SOFTWARE AND ACCOMPANYING
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DOCUMENTATION. BY DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE,
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YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
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OF THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE.
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IF YOU HAVE PURCHASED THIS LICENSE TO THE SOFTWARE, YOUR RIGHT TO RETURN THE
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SOFTWARE EXPIRES 30 DAYS AFTER YOUR PURCHASE AND APPLIES ONLY TO THE ORIGINAL
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PURCHASER.
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1. Definitions.
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"Software" means this software and any accompanying documentation,
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including any upgrades, updates, bug fixes or modified versions provided
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to you by Cypress.
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"Source Code" means software in human-readable form.
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"Binary Code" means the software in binary code form such as object code or
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an executable.
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"Development Tools" means software that is intended to be installed on a
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personal computer and used to create programming code for Firmware,
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Drivers, or Host Applications. Examples of Development Tools are
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Cypress's PSoC Creator software, Cypress's WICED SDKs, and Cypress's
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ModusToolbox software.
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"Firmware" means software that executes on a Cypress hardware product.
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"Driver" means software that enables the use of a Cypress hardware product
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on a particular host operating system such as GNU/Linux, Windows, MacOS,
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Android, and iOS.
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"Host Application" means software that executes on a device other than a
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Cypress hardware product in order to program, control, or communicate
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with a Cypress hardware product.
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"inf File" means a hardware setup information file (.inf file) created by
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the Software to allow a Microsoft Windows operating system to install
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the driver for a Cypress hardware product.
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2. License. Subject to the terms and conditions of this Agreement, Cypress
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Semiconductor Corporation ("Cypress") and its suppliers grant to you a
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non-exclusive, non-transferable license under their copyright rights:
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a. to use the Development Tools in object code form solely for the purpose
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of creating Firmware, Drivers, Host Applications, and inf Files for
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Cypress hardware products; and
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b. (i) if provided in Source Code form, to copy, modify, and compile the
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Firmware Source Code to create Firmware for execution on a Cypress
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hardware product, and
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(ii) to distribute Firmware in binary code form only, only when
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installed onto a Cypress hardware product; and
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c. (i) if provided in Source Code form, to copy, modify, and compile the
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Driver Source Code to create one or more Drivers to enable the use
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of a Cypress hardware product on a particular host operating
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system, and
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(ii) to distribute the Driver, in binary code form only, only when
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installed on a device that includes the Cypress hardware product
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that the Driver is intended to enable; and
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d. (i) if provided in Source Code form, to copy, modify, and compile the
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Host Application Source Code to create one or more Host
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Applications to program, control, or communicate with a Cypress
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hardware product, and
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(ii) to distribute Host Applications, in binary code form only, only
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when installed on a device that includes a Cypress hardware product
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that the Host Application is intended to program, control, or
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communicate with; and
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e. to freely distribute any inf File.
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Any distribution of Software permitted under this Agreement must be made
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pursuant to your standard end user license agreement used for your proprietary
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(closed source) software products, such end user license agreement to include,
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at a minimum, provisions limiting your licensors' liability and prohibiting
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reverse engineering of the Software, consistent with such provisions in this
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Agreement.
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3. Free and Open Source Software. Portions of the Software may be licensed
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under free and/or open source licenses such as the GNU General Public License
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or other licenses from third parties ("Third Party Software"). Third Party
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Software is subject to the applicable license agreement and not this
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Agreement. If you are entitled to receive the source code from Cypress for
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any Third Party Software included with the Software, either the source code
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will be included with the Software or you may obtain the source code at no
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charge from <http://www.cypress.com/go/opensource>. The applicable license
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terms will accompany each source code package. To review the license terms
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applicable to any Third Party Software for which Cypress is not required to
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provide you with source code, please see the Software's installation directory
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on your computer.
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4. Proprietary Rights; Ownership. The Software, including all intellectual
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property rights therein, is and will remain the sole and exclusive property of
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Cypress or its suppliers. Cypress retains ownership of the Source Code and
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any compiled version thereof. Subject to Cypress' ownership of the underlying
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Software (including Source Code), you retain ownership of any modifications
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you make to the Source Code. You agree not to remove any Cypress copyright or
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other notices from the Source Code and any modifications thereof. You agree
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to keep the Source Code confidential. Any reproduction, modification,
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translation, compilation, or representation of the Source Code except as
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permitted in Section 2 ("License") is prohibited without the express written
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permission of Cypress. Except as otherwise expressly provided in this
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Agreement, you may not:
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(i) modify, adapt, or create derivative works based upon the Software;
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(ii) copy the Software;
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(iii) except and only to the extent explicitly permitted by applicable
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law despite this limitation, decompile, translate, reverse engineer,
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disassemble or otherwise reduce the Software to human-readable form;
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or
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(iv) use the Software or any sample code other than for the Purpose.
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You hereby covenant that you will not assert any claim that the Software, or
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derivative works thereof created by or for Cypress, infringe any intellectual
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property right owned or controlled by you
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5. No Support. Cypress may, but is not required to, provide technical support
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for the Software.
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6. Term and Termination. This Agreement is effective until terminated, and
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either party may terminate this Agreement at any time with or without cause.
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This Agreement and your license rights under this Agreement will terminate
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immediately without notice from Cypress if you fail to comply with any
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provision of this Agreement. Upon termination, you must destroy all copies of
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Software in your possession or control. The following paragraphs shall
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survive any termination of this Agreement: "Free and Open Source Software,"
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"Proprietary Rights; Ownership," "Compliance With Law," "Disclaimer,"
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"Limitation of Liability," and "General."
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7. Compliance With Law. Each party agrees to comply with all applicable laws,
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rules and regulations in connection with its activities under this Agreement.
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Without limiting the foregoing, the Software may be subject to export control
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laws and regulations of the United States and other countries. You agree to
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comply strictly with all such laws and regulations and acknowledge that you
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have the responsibility to obtain licenses to export, re-export, or import the
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Software.
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8. Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYPRESS
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MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE
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SOFTWARE, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED
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WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cypress
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reserves the right to make changes to the Software without notice. Cypress
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does not assume any liability arising out of the application or use of
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Software or any product or circuit described in the Software. It is the
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responsibility of the user of the Software to properly design, program, and
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test the functionality and safety of any application made of the Software and
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any resulting product. Cypress does not authorize its Software or products
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for use in any products where a malfunction or failure of the Software or
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Cypress product may reasonably be expected to result in significant property
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damage, injury or death ("High Risk Product"). If you include any Software or
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Cypress product in a High Risk Product, you assume all risk of such use and
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agree to indemnify Cypress and its suppliers against all liability. No
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computing device can be absolutely secure. Therefore, despite security
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measures implemented in Cypress hardware or software products, Cypress does
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not assume any liability arising out of any security breach, such as
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unauthorized access to or use of a Cypress product.
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9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
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LAW, IN NO EVENT WILL CYPRESS OR ITS SUPPLIERS, RESELLERS, OR DISTRIBUTORS BE
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LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT,
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CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS
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OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR
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INABILITY TO USE THE SOFTWARE EVEN IF CYPRESS OR ITS SUPPLIERS, RESELLERS, OR
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DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
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EVENT SHALL CYPRESS' OR ITS SUPPLIERS', RESELLERS', OR DISTRIBUTORS' TOTAL
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LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
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OTHERWISE, EXCEED THE GREATER OF US$500 OR THE PRICE PAID BY YOU FOR THE
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SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED
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WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS
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DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES,
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ALL OR PORTIONS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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10. Restricted Rights. The Software is commercial computer software as that
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term is described in 48 C.F.R. 252.227-7014(a)(1). If the Software is being
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acquired by or on behalf of the U.S. Government or by a U.S. Government prime
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contractor or subcontractor (at any tier), then the Government's rights in
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Software shall be only those set forth in this Agreement.
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11. Personal Information. You agree that information you provide through your
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registration on Cypress IoT Community Forum or other Cypress websites,
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including contact information or other personal information, may be collected
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and used by Cypress consistent with its Data Privacy Policy
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(www.cypress.com/privacy-policy), as updated or revised from time to time, and
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may be provided to its third party sales representatives, distributors and
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other entities conducting sales activities for Cypress for sales-related and
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other business purposes.
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12. General. This Agreement will bind and inure to the benefit of each
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party's successors and assigns, provided that you may not assign or transfer
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this Agreement, in whole or in part, without Cypress' written consent. This
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Agreement shall be governed by and construed in accordance with the laws of
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the State of California, United States of America, as if performed wholly
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within the state and without giving effect to the principles of conflict of
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law. The parties consent to personal and exclusive jurisdiction of and venue
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in, the state and federal courts within Santa Clara County, California;
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provided however, that nothing in this Agreement will limit Cypress' right to
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bring legal action in any venue in order to protect or enforce its
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intellectual property rights. No failure of either party to exercise or
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enforce any of its rights under this Agreement will act as a waiver of such
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rights. If any portion of this Agreement is found to be void or
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unenforceable, the remaining provisions of this Agreement shall remain in full
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force and effect. This Agreement is the complete and exclusive agreement
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between the parties with respect to the subject matter hereof, superseding and
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replacing any and all prior agreements, communications, and understandings
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(both written and oral) regarding such subject matter. Any notice to Cypress
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will be deemed effective when actually received and must be sent to Cypress
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Semiconductor Corporation, ATTN: Chief Legal Officer, 198 Champion Court, San
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Jose, CA 95134 USA.
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