Copyright (c) 2020 u-blox AG, Thalwil, Switzerland
u-blox grants Customer a worldwide, non-exclusive, non-transferable, perpetual,
without the right to sublicense, free of charge license to compile the RIL
Software’s source code (“Source Code”) into object code format in Customer’s
platform containing the Product for the development, production (including
production by Customer’s subcontractors), sale, distribution, support and
demonstration of Customer products (“RIL Software License”). Customer, except where
explicitly stated otherwise, furthermore acknowledges and agrees: not to use, copy,
modify, port, translate, or otherwise reproduce or create derivative works of the
RIL Software without the prior written permission of u-blox; (ii) not to decompile,
disassemble, reverse engineer or attempt to reconstruct, identify, discover or
disclose any Source Code, underlying user interface techniques or algorithms of the
RIL Software; (iii) to reproduce the proprietary notices contained in the RIL
Software and to include the applicable copyright notice each time the RIL Software
is distributed; (iv) that it must have the appropriate licenses from operating
system providers to develop and distribute products with the operating system; (v)
to refrain from all illegal conduct and to fulfill all legal requirements placed
upon Customer to perform its obligations hereunder; (vi) to not knowingly distribute
the RIL Software to any person who infringes the copyright holder’s rights to the
RIL Software; (vii) to not distribute or provide access to the Source Code in the
open source community or to provide it to general public libraries and to not
knowingly take any action that would cause the Source Code to be placed in the
public domain; (viii) to ensure the execution of reasonable measures to protect the
confidentiality and security of the Source Code (including but not limited to:
access only to a controlled group of individuals, no permission to work on
development or modification of any competitive software, keep hard disk copies on
password protected computers only, no transfer of soft copies across any Internet
link except when password protected, keep all hard copies secured, immediately
inform u-blox of any unauthorized use or disclosure, cooperate with u-blox to remedy
such use or disclosure). In the event of a material violation of these provisions,
which has not been cured within thirty (30) days of receipt of written notice from
u-blox, u-blox shall be entitled to immediately terminate this license agreement. In
such event, Customer shall immediately provide all Source Code to u-blox and certify
compliance with these obligations. The RIL Software is delivered on an “as is” basis
without warranty, representation or condition of any kind, including without
limitation, the implied warranties or conditions of merchantable quality and fitness
for a particular purpose. u-blox represents to Customer that, to the best of its
knowledge, the RIL Software does not infringe any intellectual property rights of
any third party. In no event shall u-blox or its licensors (including their
respective licensors or suppliers) be liable for any loss of data, reprocurement
costs, loss of revenues, loss of profits, loss of use or for any other
consequential, indirect, exemplary, special or incidental damages arising under or
in connection with this license, even if the other party has been advised of the
possibility of such damages. Customer acknowledges that u-blox disclaims all
liability of any nature to Customer’s own customers, whether direct, indirect,
incidental, consequential, arising out of the Customer’s own customers’ use of third
party technology utilized with the RIL Software, and Customer agrees that Customer
and its own customers shall have no claims against u-blox or its licensors (incl.
their respective licensors or suppliers) whatsoever with respect thereto. This
license agreement shall continue until terminated by u-blox in accordance with the
aforementioned provisions or by Customer upon thirty (30) calendar days’ prior
written notice to u-blox. Each party shall return confidential information to the
other within thirty (30) days from termination. Customer may dispose of RIL Software
in Customer’s inventory within a period of ninety (90) days. Termination of the
General Terms and Conditions terminates all of Customer’s license rights under this
RIL Software License. Termination shall not affect Customer’s right to develop,
produce, sell, distribute, support and demonstrate its products containing the
platform with the u-blox Product and the RIL Software in compiled object code form
on the termination date. Customer acknowledges and agrees that the RIL Software and
its documentation are confidential information of u-blox or its licensors (incl.
their respective licensors or suppliers).