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EN 53
INDEMNITY. You agree to fully defend and
indemnify Freescale from any and all claims,
liabilities, and costs (including reasonable
attorney’s fees) related to (1) your use (including
your sublicensee’s use, if permitted) of the
Software or (2) your violation of the terms and
conditions of this Agreement.
LIMITATION OF LIABILITY. IN NO EVENT
WILL FREESCALE BE LIABLE, WHETHER IN
CONTRACT, TORT, OR OTHERWISE, FOR
ANY INCIDENTAL, SPECIAL, INDIRECT,
CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR ANY LOSS OF USE, LOSS
OF TIME, INCONVENIENCE, COMMERCIAL
LOSS, OR LOST PROFITS, SAVINGS, OR
REVENUES TO THE FULL EXTENT SUCH
MAY BE DISCLAIMED BY LAW. FREESCALE’S
TOTAL LIABILITY FOR ANY AND ALL
COSTS, DAMAGES, CLAIMS, OR LOSSES
WHATSOEVER ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT
OR PRODUCT(S) SUPPLIED UNDER
THIS AGREEMENT IS LIMITED TO THE
AGGREGATE AMOUNT PAID BY LICENSEE
TO FREESCALE IN CONNECTION WITH THE
LICENSED SOFTWARE TO WHICH LOSSES
OR DAMAGES ARE CLAIMED.
COMPLIANCE WITH LAWS; EXPORT
RESTRICTIONS. You must use the Software
in accordance with all applicable export laws,
regulations and statutes. You agree that neither
you nor your licensees (if any) intend to or
will, directly or indirectly, export or transmit
the Software to any country in violation of. any
export restrictions.
GOVERNMENT USE. Use of the Software
and any corresponding documentation, if any,
is provided with RESTRICTED RIGHTS. Use,
duplication or disclosure by the Government
is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of The Rights in Technical
Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(l) and (2) of
the Commercial Computer Software--Restricted
Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is Freescale Semiconductor, Inc.,
6501 William Cannon Drive West, Austin, TX,
78735.
HIGH RISK ACTIVITIES. You acknowledge that
the Software is not fault tolerant and is not
designed, manufactured or intended by Freescale
for incorporation into products intended for
use or resale in on-line control equipment
in hazardous, dangerous to life or potentially
life-threatening environments requiring fail-safe
performance, such as in the operation of nuclear
facilities, aircraft navigation or communication
systems, air trafc control, direct life support
machines or weapons systems, in which the
failure of products could lead directly to
death, personal injury or severe physical or
environmental damage (“High Risk Activities”).
You specically represent and warrant that you
will not use the Software or any derivative work
of the Software for High Risk Activities.
CHOICE OF LAW; VENUE; LIMITATIONS. You
agree that the statutes and laws of the United
States and the State of Texas, USA, without
regard to conicts of laws principles, will apply
to all matters relating to this Agreement or the
Software, and you agree that any litigation will
be subject to the exclusive jurisdiction of the
state or federal courts in Texas, USA.
PRODUCT LABELING. You are not authorized
to use any Freescale trademarks, brand names,
or logos.
ENTIRE AGREEMENT. This Agreement
constitutes the entire agreement between you
and Freescale regarding the subject matter
of this Agreement, and supersedes all prior
communications, negotiations, understandings,
agreements or representations, either written
or oral, if any. This Agreement may only be
amended in written form, executed by you and
Freescale.
SEVERABILITY. If any provision of this
Agreement is held for any reason to be invalid