31
“YAMON Code” shall mean source and/or object code for the YAMON monitor
software, Ver. 1.01, or later (including any updates provided or made available by MIPS
solely at its discretion).
2. MIPS LICENSE GRANTS
(a) Subject to Licensee’s compliance with the terms and conditions of this Agreement and
payment of any fees owed to MIPS, MIPS grants to Licensee a non-exclusive, worldwide,
non-transferable, royalty-free, fully-paid limited right and license to:
(i) use the MIPS Deliverables at Licensee’s facilities solely for Licensee’s internal evaluation
and development purposes (and to use, copy and reproduce and have reproduced
Documentation solely to facilitate those uses of MIPS Deliverables that are allowed
hereunder), and to sublicense Licensee’s rights granted in this Subsection 2(a)(i) to
Licensee’s consultants for their use of the MIPS Deliverables at their facilities for their
internal evaluation and development purposes;
(ii) make, use, import, copy, reproduce, have reproduced, modify, create derivative works
from YAMON Code only in conjunction with making, using, importing, offering for sale
and selling or otherwise distributing Authorized Product and only for use exclusively
with such Authorized Product, and to sublicense its rights granted in this Subsection
2(a)(ii), including the right to grant further sublicenses, provided that with respect to
any sublicensee, (A) any IP Rights arising in any modication or derivative work created
by such sublicensee shall be licensed back to MIPS together with the right by MIPS to
sublicense such rights and grant further sublicenses, and (B) the obligations of Subsection
2(c) below shall apply equally to any YAMON Code modied and/or sublicensed by
such sublicensee. These obligations shall be deemed to have been satised by Licensee’s
delivery of a copy of this Agreement to its sublicensee(s).
(b) MIPS further grants to Licensee a non-exclusive, worldwide, non-transferable,
royalty-free, fully-paid limited right and license under MIPS’ IP Rights in any MIPS Code
Modications in existence now or at any time during the term of this Agreement (including
those IP Rights assigned to MIPS or licensed to MIPS with sufcient sublicensing rights to
satisfy the license grant in this Subsection 2(b)) to the limited extent that Licensee may
make, use and import such MIPS Code Modications only in conjunction with making, using,
importing, offering for sale and selling or otherwise distributing Authorized Product and
only for use exclusively with such Authorized Product, and sublicense its rights granted in
this Subsection 2(b), including the right to grant further sublicenses under the preconditions
set forth in Subsection 2(a)(ii) above. Licensee acknowledges and agrees that MIPS (or any
third party) is under no obligation to deliver MIPS Code Modications; rather, this license
right is intended solely to provide a freedom to use such modications when created
independently by Licensee or any sublicensee thereof.
(c) Any YAMON Code modied and/or sublicensed pursuant to this Agreement must (i)
contain all copyright and other notices contained in the original YAMON Code provided
by MIPS to Licensee, (ii) cause modied les to carry prominent notices stating that
Licensee (or any sublicensee) changed the les and the date of any change, and (iii) be
sublicensed under terms that disclaim all warranties from MIPS and limit all liability of
MIPS pursuant to Sections 8, 9, 11 and 12 herein.
Kommentare zu diesen Handbüchern