End User License Agreement
By accepting this agreement or by installing SDK Tool Software, other software or content synchronized using the software (hereafter as “Tools Software”) offered by or on behalf of MediaTek Inc. (hereinafter as “MediaTek”) or by clicking “I have read and agreed” button, you agree to the following terms. Notwithstanding anything to the contrary in this agreement, the Tools Software means MediaTek LinkIt ONE SDK (for Arduino), and /or MediaTek LinkIt Assist 2502 SDK . The Tools Software is a free tool to be used ONLY for MediaTek products and technologies and MAY NOT be used on any other brands without the express permission from MediaTek.
The Tools Software is a free tool to be used ONLY for MediaTek products and technologies and MAY NOT be used on any other brands without the express permission from MediaTek.
Single User license Only - Subject to your compliance with these terms and conditions, MediaTek grants you a personal, freely revocable, limited, royalty-free, non-exclusive, non-transferable, non-sub licensable, non-assignable license to use the Tools Software, solely for your personal, internal developing and testing application related purposes.
(a) The Tools Software is licensed, not sold.
(b) The source code (if certain portion of the Tools Software is not provided in source code form), design, and structure of the Tools Software are trade secrets. You MAY NOT disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Tools Software, in whole or in part, except to the extent expressly permitted by law, or distribute it.
(c) You will not alter any copyright, trademark or patent notice in the Tools Software. If the Tools Software includes any open source software, you must comply with all licensing terms applicable to such open source software.
(d) You will not use Tools Software for illegal purposes. You will comply with all applicable laws and regulations, including export laws.
Disclaimer of Warranty
MediaTek along with its affiliates, subsidiaries, employees and contractors (herein after as “MediaTek Group”) disclaim any responsibility for harm resulting from the Tools Software whether or not MediaTek approved such software or content. MediaTek Group expressly disclaims all warranties and conditions, express or implied, including any implied warranties and conditions of merchantability, fitness for a particular purpose, and noninfringement, and any warranties and conditions arising out of course of dealing or usage of trade regarding the Tools Software. No advice or information, whether oral or written, obtained from MediaTek or elsewhere will create any warranty or condition not expressly stated in this agreement. Some jurisdictions do not allow certain limitations on implied warranties, so the above limitation may not apply to you to its full extent.
Limitation of Liability
MediaTek Group’s total liability to you arising out of or in connection with a particular version of Tools Software shall not exceed the aggregate amount of license fee paid by you to MediaTek Group for such Tools Software . In NO event and under NO theory of liability will MediaTek Group be liable to you for any special, incidental, exemplary, or consequential damages arising out of or in connection with this agreement or the Tools Software whether or not MediaTek has been advised of the possibility of such damages. The foregoing limitations will survive even if any limited remedy specified is found to have failed of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you to its full extent.
Export Control Laws
You acknowledge and agree that the Tools Software may be subject to international rules that govern the export of software, including U.S. Export Administration Regulations (“EAR”). You shall comply with all applicable international and national laws that apply to the Tools Software as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations. Additional prior permission from applicable government agencies will be required to transfer Tools Software to any person in any countries controlled for anti terrorism reasons or to any sanctioned person or entity. For more information, please see http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern andhttp://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx. MediaTek is making the Tool Software available to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of U.S. and other export control regulations.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to any conflict-of-laws rules. The failure by either party to enforce any provision will not constitute a waiver. Any waiver, modification, or amendment of this Agreement will be effective only if signed. If any provision is held to be unenforceable, it will be enforced to the maximum extent possible and will not diminish other provisions. MediaTek may make changes to these terms from time to time.