LICENSE.txt

Infineon Technologies AG.

EVAL_XMC47_PREDMAIN_AA Evaluation Software License Agreement V1.0

BY DOWNLOADING AND/OR USING (INCLUDING COPYING) THE SOFTWARE, LICENSEE AGREES TO
BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF LICENSEE DOES NOT
AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, LICENSEE (INCLUDING YOU)
SHALL NOT DOWNLOAD AND/OR USE (INCLUDING COPYING) THE SOFTWARE.

1. DEFINITIONS
1.1 "Affiliate" means a legal entity which is directly or indirectly controlled
by the relevant entity, whereas control means the direct or indirect ownership
of more than fifty (50) percent of the shares or ownership interests
representing the right to make decisions for that entity, as long as such
ownership subsists.
1.2 "Agreement" means this Evaluation Software License Agreement.
1.3 "Documentation" means the technical information potentially provided along
with the Software.
1.4 "Licensee" means the company or individual indicated in the Registration.
1.5 "Licensed Items" means the Software and the Documentation.
1.6 "Licensor" means Infineon Technologies AG, having its offices at Am Campeon
1-15, 85579 Neubiberg, Germany.
1.7 “Modified Software” means any software program and software specifications
only as far and to the extent it is derived from the Software by Licensee in
accordance with the license rights granted to Licensee under Sec. 3.1.
1.8 "Registration" means an account with Licensor's internet service
MyInfineon.com and Infineon Toolbox enabling the download of the Software.
1.9 "Software" means the software package of which this Agreement forms part.
1.10 "You" means (i) if Licensee is a company, an individual acting in the
ordinary course of business of Licensee; or (ii) if Licensee is an individual,
Licensee.

2. IMPORTANT NOTICE
Software delivered by Licensor under this Agreement shall not be used in any
applications where a failure or any consequences of the use of the Software can
reasonably be expected to result in personal injury, which might include without
limitation medical, aviation or aerospace applications. However, the foregoing
shall not prevent Licensee from using Software in such fields of application
(e.g. automotive applications) if the Software is explicitly designed and
licensed for by Licensor, provided that the overall responsibility for the
system in which Licensee integrates the Software as well as the system
integration lies with Licensee. 

3. LICENSE GRANT
3.1 For the term and subject to the terms and conditions of this Agreement,
Licensor hereby grants Licensee under Licensor's intellectual property rights in
the Licensed Items a limited, worldwide, non-exclusive, non-transferable,
non-assignable, non-sublicensable, royalty-free right to 

(i) use and reproduce the Software in order to install and run the Software on
and/or in connection with Licensor hardware only;
(ii) modify the source code of the Software as required in order to exercise the
rights pursuant to (i);
(iii) use the Documentation as required in order to exercise the rights pursuant
to (i) and (ii); always provided that the Licensed Items are used by Licensee
for evaluation purposes only.

3.2 Subject to the Affiliates' compliance with all terms and conditions of this
Agreement, Licensee's Affiliates may exercise all license rights granted under
this Agreement. Company may share Confidential Information with its Affiliates
and/or Subcontractors only after having secured that the respective Affiliate
and/or Subcontractor has agreed to be bound by the terms and conditions of this
Agreement. Except for the limited rights granted in Section 3.1, Licensor
retains all right, title and interest in and to the Software and the
Documentation and all intellectual property rights therein. Licensee
acknowledges that the license rights granted pursuant to this Agreement do not
transfer to Licensee title or ownership in the Software or any copies thereof,
but only a limited right of use.
3.3	In the event that Licensee provides any Modified Software or parts thereof
to Licensor and/or its Affiliates, Licensee hereby grants to Licensor and its
Affiliates the transferable, sublicensable, perpetual, irrevocable, fully
paid-up and worldwide license — notwithstanding any ownership right of Licensor
in the unmodified parts hereof — on any parts of modifications to the Software
which have been created during the term of the Agreement including associated
documentation for any and all purposes as Licensor or its Affiliates see fit
including the right to freely grant sublicenses thereof. Such licenses shall
survive expiration or termination of this Agreement.

4. OPEN SOURCE SOFTWARE
4.1  The package to which this Agreement forms part of contains Open Source
Software. For copyright information, licensing terms and additional information
(e.g. on how to obtain the source code of such Open Source Software), please
refer to:

https://github.com/Infineon/pred-main-xmc4700-kit

4.2 This Agreement does not limit Licensee's rights under, or grant Licensee
rights that supersede, the license of any Open Source Software delivered to
Licensee by Licensor. In case of conflict, the license terms of such Open Source
Software shall supersede the terms and conditions of this Agreement. 
4.3 Licensee acknowledges that Licensee shall use the Open Source Software
provided as part of the package which the Software forms part of only in
accordance with the licensing terms applicable to such Open Source Software.

5. RESTRICTIONS
Licensee shall not itself or through any third party:

(i) reproduce the Software (including printouts thereof) unless otherwise
permitted under this Agreement or by mandatory statutory law;
(ii) use the Software in and for the purpose of series production;
(iii) remove any copyright notices contained in the Licensed Items;
(iv) publicly display, publicly perform, publish or broadcast the Licensed Items
without Licensor's prior written approval;
(v) sell, lease, license or sublicense the Licensed Items to any third party
without Licensor’s prior written approval;
(vi) make available the Licensed Items or assign or otherwise transfer any right
in the Licensed Items to third parties;
(vii) use the Licensed Items for the purposes of determining whether they are
covered by any intellectual property rights (including without limitation
patents and copyrights) of Licensee or any other third party;
(viii) directly or indirectly bring any suit before any court or administrative
agency or otherwise assert any claim against Licensor, its subsidiaries and/or
any of their respective suppliers and/or customers due to their development,
use, reproduction, manufacturing, marketing, sale, distribution, licensing,
sublicensing or other disposal of the Licensed Items based on infringement of
any of Licensee's intellectual property rights (including without limitation
patents and copyrights).

6. CONFIDENTIAL INFORMATION
6.1 Licensee shall treat ideas, concepts and information incorporated in the
Software, the source code of the Software, the Documentation and the content of
this Agreement (together hereinafter "Confidential Information") confidential,
not disclose it to any third party other than its and/or its Affiliates'
employees who are bound to confidentiality obligations not less strict than
those contained in this Agreement, not use it for any other purposes than for
evaluation of the Software, and protect the confidentiality of such information
with the same degree of care which it uses to protect its own confidential
information but at least with reasonable care. 
6.2 The obligations pursuant to Section 6.1 shall not apply with respect to
information that: (i) was publicly known or made generally available in the
public domain prior to the time of disclosure to Licensee by Licensor; (ii)
becomes publicly known or made generally available after disclosure to Licensee
by Licensor through no action or inaction of Licensee; or (iii) is in the
possession of Licensee, without confidentiality restrictions, at the time of
disclosure by Licensor as shown by Licensee’s records immediately prior to the
time of disclosure.
6.3 Licensee shall designate the right to use Confidential Information only to
such employees who are bound to confidentiality obligations similar to those
under this Agreement.

7. TERM AND TERMINATION
7.1 This Agreement will become effective upon Licensee's start to use the
Software and shall remain in effect until terminated.
7.2 This Agreement shall automatically terminate if Licensee is in breach of any
provision of this Agreement.
7.3 Licensee may terminate this Agreement at any time by stopping use of the
Software and deleting all copies of the Software in Licensee's control.
7.4 Licensor may terminate this Agreement by giving 2 weeks written notice to
Licensee to the address indicated in the Registration (i) if a third party
claims to have intellectual property rights in the Software; (ii) if Licensee
itself or through any third party directly or indirectly brings any suit before
any court or administrative agency or otherwise asserts any claim against
Licensor and/or any of its Affiliates, suppliers or customers due to their
development, use, reproduction, manufacturing, marketing, sale, distribution,
licensing, sublicensing or other disposal of the Licensed Items based on
infringement of any of Licensee's intellectual property rights (including
without limitation patents and copyrights); and/or (iii) in case of a change of
control of Licensee.
7.5 Upon expiration or termination of this Agreement for any reason, the rights
and licenses granted to Licensee under this Agreement shall immediately cease.
Licensee shall immediately stop using the Licensed Items, destroy all copies of
the Licensed Items which are in Licensee's control, and, upon Licensor's written
request, provide Licensor with a written certification from an authorized
officer of Licensee within five (5) business days after Licensor's request,
confirming that all copies of the Licensed Items have been destroyed.
7.6 The provisions of Sections 5, 6, 7.7, 8, 9, 10 and 11 shall survive any
termination or expiration of this Agreement.

8. WARRANTY
Licensee acknowledges that the Licensed Items are provided by Licensor free of
charge. Accordingly, without prejudice to Section 9, the Licensed Items provided
by Licensor under this Agreement are provided "AS IS" without any warranty or
liability of any kind and Licensor hereby expressly disclaims any warranties or
representations, whether express, implied, statutory or otherwise, including but
not limited to warranties of workmanship, merchantability, fitness for a
particular purpose, defects in the Licensed Items, or non-infringement of third
parties' intellectual property rights.

9. LIABILITY
9.1 Nothing in this Agreement shall limit or exclude Licensor's liability under
mandatory statutory liability laws, or in cases of Licensor's intentional
misconduct or gross negligence.
9.2 Without prejudice to Section 9.1, Licensor's liability under and/or in
connection with this Agreement shall be excluded in all other cases.

10. EXPORT REGULATIONS
10.1 It is the responsibility of Licensee to comply with all applicable export
control, anti-terrorism and trade laws and regulations, including, but not
limited to, the requirements of the United States Arms Export Control Act,
International Traffic in Arms Regulation, Export Administration Act, and Export
Administration Regulations, and European Council Regulation (EC) No. 428/2009
(including revisions), as well as applicable national laws, as relevant to any
items or services purchased or received from Infineon. Licensee agrees and
confirms that Licensee shall not export or re-export, directly or indirectly,
any good or service received from Infineon, including any items incorporating
such good or service, to any country, destination, or individual, for which an
export authorization or other governmental or official approval is required,
without first obtaining such authorization or approval.
10.2 Licensee shall neither use any good or services delivered by Infineon
directly or indirectly for nuclear technology, weapons of mass destruction, or
carriers thereof, nor supply them outside of the European Union to military,
paramilitary, police, intelligence agencies or civil administrations of such
institutions or other institutions acting on behalf of them.

11. APPLICABLE LAW / VENUE
11.1 This Agreement shall be governed by Swiss law without reference to its
conflicts of law provisions. The application of the United Nations Convention on
Contracts for the International Sale of Goods of April 11, 1980, shall be
excluded. 
11.2 The Commercial Court of the Canton of Zurich (Handelsgericht des Kantons
Zürich) shall have exclusive jurisdiction on any dispute arising out of or in
connection with this Agreement.

12. GENERAL PROVISIONS
12.1 Licensee shall not assign this Agreement or any rights or obligations
hereunder, without the prior written consent of Licensor.
12.2 This Agreement embodies the entire understanding between Licensor and
Licensee with respect to the subject matter contained herein, and replaces any
prior oral or written communications between them. General Terms and Conditions
of either party shall not apply to this Agreement.
12.3 If any provision of this Agreement is considered void or unfeasible by a
court of competent jurisdiction, the remaining provisions of this Agreement
shall remain in full force and effect.
12.4 This Agreement may only be modified or amended in written form. This form
requirement can only be waived by mutual written agreement.