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But when you distribute the same sections as part of a whole 3291bd4fe43Sopenharmony_ciwhich is a work based on the Program, the distribution of the whole must be on 3301bd4fe43Sopenharmony_cithe terms of this License, whose permissions for other licensees extend to the 3311bd4fe43Sopenharmony_cientire whole, and thus to each and every part regardless of who wrote it. 3321bd4fe43Sopenharmony_ci 3331bd4fe43Sopenharmony_ciThus, it is not the intent of this section to claim rights or contest your 3341bd4fe43Sopenharmony_cirights to work written entirely by you; rather, the intent is to exercise the 3351bd4fe43Sopenharmony_ciright to control the distribution of derivative or collective works based on 3361bd4fe43Sopenharmony_cithe Program. 3371bd4fe43Sopenharmony_ci 3381bd4fe43Sopenharmony_ciIn addition, mere aggregation of another work not based on the Program with 3391bd4fe43Sopenharmony_cithe Program (or with a work based on the Program) on a volume of a storage or 3401bd4fe43Sopenharmony_cidistribution medium does not bring the other work under the scope of this 3411bd4fe43Sopenharmony_ciLicense. 3421bd4fe43Sopenharmony_ci 3431bd4fe43Sopenharmony_ci3\. You may copy and distribute the Program (or a work based on it, under 3441bd4fe43Sopenharmony_ciSection 2) in object code or executable form under the terms of Sections 1 and 3451bd4fe43Sopenharmony_ci2 above provided that you also do one of the following: 3461bd4fe43Sopenharmony_ci 3471bd4fe43Sopenharmony_cia) Accompany it with the complete corresponding machine-readable source code, 3481bd4fe43Sopenharmony_ciwhich must be distributed under the terms of Sections 1 and 2 above on a 3491bd4fe43Sopenharmony_cimedium customarily used for software interchange; or, 3501bd4fe43Sopenharmony_ci 3511bd4fe43Sopenharmony_cib) Accompany it with a written offer, valid for at least three years, to give 3521bd4fe43Sopenharmony_ciany third party, for a charge no more than your cost of physically performing 3531bd4fe43Sopenharmony_cisource distribution, a complete machine-readable copy of the corresponding 3541bd4fe43Sopenharmony_cisource code, to be distributed under the terms of Sections 1 and 2 above on a 3551bd4fe43Sopenharmony_cimedium customarily used for software interchange; or, 3561bd4fe43Sopenharmony_ci 3571bd4fe43Sopenharmony_cic) Accompany it with the information you received as to the offer to 3581bd4fe43Sopenharmony_cidistribute corresponding source code. (This alternative is allowed only for 3591bd4fe43Sopenharmony_cinoncommercial distribution and only if you received the program in object code 3601bd4fe43Sopenharmony_cior executable form with such an offer, in accord with Subsection b above.) 3611bd4fe43Sopenharmony_ci 3621bd4fe43Sopenharmony_ciThe source code for a work means the preferred form of the work for making 3631bd4fe43Sopenharmony_cimodifications to it. For an executable work, complete source code means all 3641bd4fe43Sopenharmony_cithe source code for all modules it contains, plus any associated interface 3651bd4fe43Sopenharmony_cidefinition files, plus the scripts used to control compilation and 3661bd4fe43Sopenharmony_ciinstallation of the executable. However, as a special exception, the source 3671bd4fe43Sopenharmony_cicode distributed need not include anything that is normally distributed (in 3681bd4fe43Sopenharmony_cieither source or binary form) with the major components (compiler, kernel, and 3691bd4fe43Sopenharmony_ciso on) of the operating system on which the executable runs, unless that 3701bd4fe43Sopenharmony_cicomponent itself accompanies the executable. 3711bd4fe43Sopenharmony_ci 3721bd4fe43Sopenharmony_ciIf distribution of executable or object code is made by offering access to 3731bd4fe43Sopenharmony_cicopy from a designated place, then offering equivalent access to copy the 3741bd4fe43Sopenharmony_cisource code from the same place counts as distribution of the source code, 3751bd4fe43Sopenharmony_cieven though third parties are not compelled to copy the source along with the 3761bd4fe43Sopenharmony_ciobject code. 3771bd4fe43Sopenharmony_ci 3781bd4fe43Sopenharmony_ci4\. You may not copy, modify, sublicense, or distribute the Program except as 3791bd4fe43Sopenharmony_ciexpressly provided under this License. Any attempt otherwise to copy, modify, 3801bd4fe43Sopenharmony_cisublicense or distribute the Program is void, and will automatically terminate 3811bd4fe43Sopenharmony_ciyour rights under this License. However, parties who have received copies, or 3821bd4fe43Sopenharmony_cirights, from you under this License will not have their licenses terminated so 3831bd4fe43Sopenharmony_cilong as such parties remain in full compliance. 3841bd4fe43Sopenharmony_ci 3851bd4fe43Sopenharmony_ci5\. You are not required to accept this License, since you have not signed it. 3861bd4fe43Sopenharmony_ciHowever, nothing else grants you permission to modify or distribute the 3871bd4fe43Sopenharmony_ciProgram or its derivative works. These actions are prohibited by law if you do 3881bd4fe43Sopenharmony_cinot accept this License. Therefore, by modifying or distributing the Program 3891bd4fe43Sopenharmony_ci(or any work based on the Program), you indicate your acceptance of this 3901bd4fe43Sopenharmony_ciLicense to do so, and all its terms and conditions for copying, distributing 3911bd4fe43Sopenharmony_cior modifying the Program or works based on it. 3921bd4fe43Sopenharmony_ci 3931bd4fe43Sopenharmony_ci6\. Each time you redistribute the Program (or any work based on the Program), 3941bd4fe43Sopenharmony_cithe recipient automatically receives a license from the original licensor to 3951bd4fe43Sopenharmony_cicopy, distribute or modify the Program subject to these terms and conditions. 3961bd4fe43Sopenharmony_ciYou may not impose any further restrictions on the recipients' exercise of the 3971bd4fe43Sopenharmony_cirights granted herein. You are not responsible for enforcing compliance by 3981bd4fe43Sopenharmony_cithird parties to this License. 3991bd4fe43Sopenharmony_ci 4001bd4fe43Sopenharmony_ci7\. If, as a consequence of a court judgment or allegation of patent 4011bd4fe43Sopenharmony_ciinfringement or for any other reason (not limited to patent issues), 4021bd4fe43Sopenharmony_ciconditions are imposed on you (whether by court order, agreement or otherwise) 4031bd4fe43Sopenharmony_cithat contradict the conditions of this License, they do not excuse you from 4041bd4fe43Sopenharmony_cithe conditions of this License. If you cannot distribute so as to satisfy 4051bd4fe43Sopenharmony_cisimultaneously your obligations under this License and any other pertinent 4061bd4fe43Sopenharmony_ciobligations, then as a consequence you may not distribute the Program at all. 4071bd4fe43Sopenharmony_ciFor example, if a patent license would not permit royalty-free redistribution 4081bd4fe43Sopenharmony_ciof the Program by all those who receive copies directly or indirectly through 4091bd4fe43Sopenharmony_ciyou, then the only way you could satisfy both it and this License would be to 4101bd4fe43Sopenharmony_cirefrain entirely from distribution of the Program. 4111bd4fe43Sopenharmony_ci 4121bd4fe43Sopenharmony_ciIf any portion of this section is held invalid or unenforceable under any 4131bd4fe43Sopenharmony_ciparticular circumstance, the balance of the section is intended to apply and 4141bd4fe43Sopenharmony_cithe section as a whole is intended to apply in other circumstances. 4151bd4fe43Sopenharmony_ci 4161bd4fe43Sopenharmony_ciIt is not the purpose of this section to induce you to infringe any patents or 4171bd4fe43Sopenharmony_ciother property right claims or to contest validity of any such claims; this 4181bd4fe43Sopenharmony_cisection has the sole purpose of protecting the integrity of the free software 4191bd4fe43Sopenharmony_cidistribution system, which is implemented by public license practices. Many 4201bd4fe43Sopenharmony_cipeople have made generous contributions to the wide range of software 4211bd4fe43Sopenharmony_cidistributed through that system in reliance on consistent application of that 4221bd4fe43Sopenharmony_cisystem; it is up to the author/donor to decide if he or she is willing to 4231bd4fe43Sopenharmony_cidistribute software through any other system and a licensee cannot impose that 4241bd4fe43Sopenharmony_cichoice. 4251bd4fe43Sopenharmony_ci 4261bd4fe43Sopenharmony_ciThis section is intended to make thoroughly clear what is believed to be a 4271bd4fe43Sopenharmony_ciconsequence of the rest of this License. 4281bd4fe43Sopenharmony_ci 4291bd4fe43Sopenharmony_ci8\. If the distribution and/or use of the Program is restricted in certain 4301bd4fe43Sopenharmony_cicountries either by patents or by copyrighted interfaces, the original 4311bd4fe43Sopenharmony_cicopyright holder who places the Program under this License may add an explicit 4321bd4fe43Sopenharmony_cigeographical distribution limitation excluding those countries, so that 4331bd4fe43Sopenharmony_cidistribution is permitted only in or among countries not thus excluded. In 4341bd4fe43Sopenharmony_cisuch case, this License incorporates the limitation as if written in the body 4351bd4fe43Sopenharmony_ciof this License. 4361bd4fe43Sopenharmony_ci 4371bd4fe43Sopenharmony_ci9\. The Free Software Foundation may publish revised and/or new versions of 4381bd4fe43Sopenharmony_cithe General Public License from time to time. Such new versions will be 4391bd4fe43Sopenharmony_cisimilar in spirit to the present version, but may differ in detail to address 4401bd4fe43Sopenharmony_cinew problems or concerns. 4411bd4fe43Sopenharmony_ci 4421bd4fe43Sopenharmony_ciEach version is given a distinguishing version number. If the Program 4431bd4fe43Sopenharmony_cispecifies a version number of this License which applies to it and "any later 4441bd4fe43Sopenharmony_civersion", you have the option of following the terms and conditions either of 4451bd4fe43Sopenharmony_cithat version or of any later version published by the Free Software 4461bd4fe43Sopenharmony_ciFoundation. If the Program does not specify a version number of this License, 4471bd4fe43Sopenharmony_ciyou may choose any version ever published by the Free Software Foundation. 4481bd4fe43Sopenharmony_ci 4491bd4fe43Sopenharmony_ci10\. If you wish to incorporate parts of the Program into other free programs 4501bd4fe43Sopenharmony_ciwhose distribution conditions are different, write to the author to ask for 4511bd4fe43Sopenharmony_cipermission. For software which is copyrighted by the Free Software Foundation, 4521bd4fe43Sopenharmony_ciwrite to the Free Software Foundation; we sometimes make exceptions for this. 4531bd4fe43Sopenharmony_ciOur decision will be guided by the two goals of preserving the free status of 4541bd4fe43Sopenharmony_ciall derivatives of our free software and of promoting the sharing and reuse of 4551bd4fe43Sopenharmony_cisoftware generally. 4561bd4fe43Sopenharmony_ci 4571bd4fe43Sopenharmony_ciNO WARRANTY 4581bd4fe43Sopenharmony_ci 4591bd4fe43Sopenharmony_ci11\. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR 4601bd4fe43Sopenharmony_ciTHE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE 4611bd4fe43Sopenharmony_ciSTATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE 4621bd4fe43Sopenharmony_ciPROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, 4631bd4fe43Sopenharmony_ciINCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND 4641bd4fe43Sopenharmony_ciFITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND 4651bd4fe43Sopenharmony_ciPERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, 4661bd4fe43Sopenharmony_ciYOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 4671bd4fe43Sopenharmony_ci 4681bd4fe43Sopenharmony_ci12\. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING 4691bd4fe43Sopenharmony_ciWILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR 4701bd4fe43Sopenharmony_ciREDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, 4711bd4fe43Sopenharmony_ciINCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING 4721bd4fe43Sopenharmony_ciOUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO 4731bd4fe43Sopenharmony_ciLOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR 4741bd4fe43Sopenharmony_ciTHIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), 4751bd4fe43Sopenharmony_ciEVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 4761bd4fe43Sopenharmony_ciDAMAGES. 4771bd4fe43Sopenharmony_ci 4781bd4fe43Sopenharmony_ciEND OF TERMS AND CONDITIONS 4791bd4fe43Sopenharmony_ci 4801bd4fe43Sopenharmony_ciHow to Apply These Terms to Your New Programs 4811bd4fe43Sopenharmony_ci 4821bd4fe43Sopenharmony_ciIf you develop a new program, and you want it to be of the greatest possible 4831bd4fe43Sopenharmony_ciuse to the public, the best way to achieve this is to make it free software 4841bd4fe43Sopenharmony_ciwhich everyone can redistribute and change under these terms. 4851bd4fe43Sopenharmony_ci 4861bd4fe43Sopenharmony_ciTo do so, attach the following notices to the program. It is safest to attach 4871bd4fe43Sopenharmony_cithem to the start of each source file to most effectively convey the exclusion 4881bd4fe43Sopenharmony_ciof warranty; and each file should have at least the "copyright" line and a 4891bd4fe43Sopenharmony_cipointer to where the full notice is found. 4901bd4fe43Sopenharmony_ci 4911bd4fe43Sopenharmony_ciOne line to give the program's name and a brief idea of what it does. 4921bd4fe43Sopenharmony_ci 4931bd4fe43Sopenharmony_ciCopyright (C) <year> <name of author> 4941bd4fe43Sopenharmony_ci 4951bd4fe43Sopenharmony_ciThis program is free software; you can redistribute it and/or modify it under 4961bd4fe43Sopenharmony_cithe terms of the GNU General Public License as published by the Free Software 4971bd4fe43Sopenharmony_ciFoundation; either version 2 of the License, or (at your option) any later 4981bd4fe43Sopenharmony_civersion. 4991bd4fe43Sopenharmony_ci 5001bd4fe43Sopenharmony_ciThis program is distributed in the hope that it will be useful, but WITHOUT 5011bd4fe43Sopenharmony_ciANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS 5021bd4fe43Sopenharmony_ciFOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. 5031bd4fe43Sopenharmony_ci 5041bd4fe43Sopenharmony_ciYou should have received a copy of the GNU General Public License along with 5051bd4fe43Sopenharmony_cithis program; if not, write to the Free Software Foundation, Inc., 59 Temple 5061bd4fe43Sopenharmony_ciPlace, Suite 330, Boston, MA 02111-1307 USA 5071bd4fe43Sopenharmony_ci 5081bd4fe43Sopenharmony_ciAlso add information on how to contact you by electronic and paper mail. 5091bd4fe43Sopenharmony_ci 5101bd4fe43Sopenharmony_ciIf the program is interactive, make it output a short notice like this when it 5111bd4fe43Sopenharmony_cistarts in an interactive mode: 5121bd4fe43Sopenharmony_ci 5131bd4fe43Sopenharmony_ciGnomovision version 69, Copyright (C) year name of author Gnomovision comes 5141bd4fe43Sopenharmony_ciwith ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, 5151bd4fe43Sopenharmony_ciand you are welcome to redistribute it under certain conditions; type `show c' 5161bd4fe43Sopenharmony_cifor details. 5171bd4fe43Sopenharmony_ci 5181bd4fe43Sopenharmony_ciThe hypothetical commands `show w' and `show c' should show the appropriate 5191bd4fe43Sopenharmony_ciparts of the General Public License. Of course, the commands you use may be 5201bd4fe43Sopenharmony_cicalled something other than `show w' and `show c'; they could even be mouse- 5211bd4fe43Sopenharmony_ciclicks or menu items--whatever suits your program. 5221bd4fe43Sopenharmony_ci 5231bd4fe43Sopenharmony_ciYou should also get your employer (if you work as a programmer) or your 5241bd4fe43Sopenharmony_cischool, if any, to sign a "copyright disclaimer" for the program, if 5251bd4fe43Sopenharmony_cinecessary. Here is a sample; alter the names: 5261bd4fe43Sopenharmony_ci 5271bd4fe43Sopenharmony_ciYoyodyne, Inc., hereby disclaims all copyright interest in the program 5281bd4fe43Sopenharmony_ci`Gnomovision' (which makes passes at compilers) written by James Hacker. 5291bd4fe43Sopenharmony_ci 5301bd4fe43Sopenharmony_cisignature of Ty Coon, 1 April 1989 5311bd4fe43Sopenharmony_ci 5321bd4fe43Sopenharmony_ciTy Coon, President of Vice 5331bd4fe43Sopenharmony_ci 5341bd4fe43Sopenharmony_ciThis General Public License does not permit incorporating your program into 5351bd4fe43Sopenharmony_ciproprietary programs. If your program is a subroutine library, you may 5361bd4fe43Sopenharmony_ciconsider it more useful to permit linking proprietary applications with the 5371bd4fe43Sopenharmony_cilibrary. If this is what you want to do, use the GNU Library General Public 5381bd4fe43Sopenharmony_ciLicense instead of this License. 5391bd4fe43Sopenharmony_ci 5401bd4fe43Sopenharmony_cihetical commands `show w' and `show c' should show the appropriate 5411bd4fe43Sopenharmony_ciparts of the General Public License. Of course, the commands you use may be 5421bd4fe43Sopenharmony_cicalled something other than `show w' and `show c'; they could even be mouse- 5431bd4fe43Sopenharmony_ciclicks or menu items--whatever suits your program. 5441bd4fe43Sopenharmony_ci 5451bd4fe43Sopenharmony_ciYou should also get your employer (if you work as a programmer) or your 5461bd4fe43Sopenharmony_cischool, if any, to sign a "copyright disclaimer" for the program. 5471bd4fe43Sopenharmony_ci 5481bd4fe43Sopenharmony_ci(c) 5491bd4fe43Sopenharmony_ciEnd User License Agreement 5501bd4fe43Sopenharmony_ci 5511bd4fe43Sopenharmony_ciTHIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND HISILICON (SHANGHAI) TECHNOLOGIES CO., LTD. ("HISILICON") FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS AGREEMENT. HISILICON IS ONLY WILLING TO LICENSE THE SOFTWARE TO YOU ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT. BY CLICKING “I AGREE” OR BY INSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, HISILICON IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE, AND YOU SHALL PROMPTLY DESTROY, DELETE, OR RETURN THE SOFTWARE TO YOUR SUPPLIER. 5521bd4fe43Sopenharmony_ci 5531bd4fe43Sopenharmony_ci“SOFTWARE” means the software in object code provided under the terms of this Agreement. 5541bd4fe43Sopenharmony_ci 5551bd4fe43Sopenharmony_ciShenzhen Longgang District is the signing place of this Agreement. 5561bd4fe43Sopenharmony_ci 5571bd4fe43Sopenharmony_ci1. GRANT OF LICENSE 5581bd4fe43Sopenharmony_ciIn consideration of your agreement to abide by the following terms, and subject to the terms and conditions of this Agreement, HISILICON hereby grants YOU, a non-transferable, non-exclusive, royalty-free, revocable, worldwide copyright license (without the right to sublicense) to use and copy the SOFTWARE solely for the purpose of designing or developing applications for use in conjunction with Hisilicon chip. 5591bd4fe43Sopenharmony_ci. 5601bd4fe43Sopenharmony_ci 5611bd4fe43Sopenharmony_ciAll rights to the SOFTWARE and all intellectual property rights contained therein shall remain the sole and exclusive property of HISILICON. The SOFTWARE is licensed not sold. Except as expressly licensed in Clause 1, in no event shall the license granted in this Clause 1 be construed as granting YOU expressly or by implication, estoppels or otherwise, licenses to any intellectual property rights, including but not limited to patent rights, copyrights, trademark or trade secret in the SOFTWARE. 5621bd4fe43Sopenharmony_ci 5631bd4fe43Sopenharmony_ciNo right is granted to YOU under this Agreement to manufacture, have manufactured, or sell, supply or distribute any products which have taken into use or which embody any of the SOFTWARE or any of the intellectual property rights embodied therein. 5641bd4fe43Sopenharmony_ci 5651bd4fe43Sopenharmony_ci2. RESTRICTIONS 5661bd4fe43Sopenharmony_ciThis Agreement does not prevent YOU from using the SOFTWARE for internal benchmarking purposes. 5671bd4fe43Sopenharmony_ci 5681bd4fe43Sopenharmony_ciHowever, YOU shall treat any and all benchmarking data relating to the SOFTWARE, and any other results of your use or testing of the SOFTWARE which are indicative of its performance, efficacy, reliability or quality, as confidential information and YOU shall not disclose such information to any third party without the express written permission of HISILICON. 5691bd4fe43Sopenharmony_ci 5701bd4fe43Sopenharmony_ciYOU shall reproduce and not remove or obscure any notice incorporated by HISILICON in the SOFTWARE to protect HISILICON’s intellectual property rights embodied therein. 5711bd4fe43Sopenharmony_ci 5721bd4fe43Sopenharmony_ciYOU shall not decompile, disassemble, or reverse engineer the SOFTWARE. 5731bd4fe43Sopenharmony_ci 5741bd4fe43Sopenharmony_ciYOU shall not distribute the SOFTWARE under an open source license as listed by the Open Source Initiative (a non-profit corporation whose website is www.opensource.org), or other license which requires the source code or object code of the SOFTWARE to be licensed or otherwise shared with any third party. 5751bd4fe43Sopenharmony_ci 5761bd4fe43Sopenharmony_ci3. FEEDBACK 5771bd4fe43Sopenharmony_ciYOU may choose to provide suggestions, comments, feedback, ideas, modifications or know-how (whether in oral or written form) relating to the use of the SOFTWARE ("Feedback") to HISILICON under the terms of this Agreement. YOU hereby grants to HISILICON and its affiliates, under all of you and your affiliates’ (as applicable) intellectual property rights, a perpetual, irrevocable, royalty free, non-exclusive, worldwide license to (i) use, copy and modify the Feedback; (ii) sell, supply, or otherwise distribute the Feedback; (iii) design, have designed, manufacture, have manufactured, use, import, sell, and otherwise distribute and dispose of products that incorporate the Feedback; and (iv) sublicense (together with the rights to further sublicense) the rights granted in this paragraph to any third party. 5781bd4fe43Sopenharmony_ci 5791bd4fe43Sopenharmony_ci4. NO WARRANTY 5801bd4fe43Sopenharmony_ciYOU AGREE THAT THE SOFTWARE IS PROVIDED BY HISILICON ON AN "AS IS" BASIS. HISILICON MAKES NO WARRANTY, EXPRESSED OR IMPLIED OR STATUTORY, WITH RESPECT TO ANY OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 5811bd4fe43Sopenharmony_ci 5821bd4fe43Sopenharmony_ciYOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION, SOFTWARE APPLICATIONS DESIGNED OR INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS, WEAPONRY, AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 5831bd4fe43Sopenharmony_ci 5841bd4fe43Sopenharmony_ci5. NO LIABILITY 5851bd4fe43Sopenharmony_ciPLEASE READ THE INSTRUCTIONS COMPLETELY, AND PLEASE NOTE THAT YOU SHOULD USE THE SOFTWARE AT YOUR OWN RISK. 5861bd4fe43Sopenharmony_ci 5871bd4fe43Sopenharmony_ciIN NO EVENT SHALL HISILICON BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF HISILICON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EVEN IF THE SOFTWARE HAS ANY MATERIAL, VERIFIABLE, AND REPRODUCIBLE PROGRAM ERRORS, HISILICON SHALL HAVE NO LIABILITY TO MODIFY SUCH ERRORS. 5881bd4fe43Sopenharmony_ci 5891bd4fe43Sopenharmony_ciNOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE MAXIMUM LIABILITY OF HISILICON TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST HISILICON IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT SHALL NOT EXCEED THE TOTAL OF SUMS RECEIVED BY HISILICON FROM YOU FOR THIS AGREEMENT. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THE LIMIT. 5901bd4fe43Sopenharmony_ci 5911bd4fe43Sopenharmony_ci6. CONFIDENTIALITY 5921bd4fe43Sopenharmony_ciYOU acknowledge and agree that the SOFTWARE and any benchmarking data and related information provided under this Agreement contain trade secrets and confidential material of HISILICON and YOU agree to maintain all such information in confidence and apply security measures no less stringent than the measures which YOU apply to protect your own like information, but not less than a reasonable degree of care, to prevent their unauthorized disclosure and use. The period of confidentiality shall be indefinite. YOU agree not to use any such information other than in normal use of the SOFTWARE under the license granted in this Agreement. 5931bd4fe43Sopenharmony_ci 5941bd4fe43Sopenharmony_ci7. TERM AND TERMINATION 5951bd4fe43Sopenharmony_ciThis Agreement shall remain in force until terminated. HISILICON may terminate this Agreement at any time with or without any cause. Upon termination of this Agreement, YOU shall immediately stop using the SOFTWARE and confidential information and destroy all copies of the SOFTWARE and confidential information in your possession, together with all documentation and related materials. The provisions of clauses 3, 4, 5, 6, 7 and 8 shall survive termination of this Agreement. 5961bd4fe43Sopenharmony_ci 5971bd4fe43Sopenharmony_ci8. GENERAL 5981bd4fe43Sopenharmony_ciAny provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall be ineffective to the extent of such prohibition or unenforceability without affecting, impairing or invalidating the remaining provisions hereof. 5991bd4fe43Sopenharmony_ci 6001bd4fe43Sopenharmony_ciThe failure by HISILICON to enforce any of the provisions of this Agreement, unless waived in writing, shall not constitute a waiver of HISILICON's rights to enforce such provision or any other provision of this Agreement in the future. 6011bd4fe43Sopenharmony_ciAt HISILICON’s request, YOU agree to check your computers for installations of the SOFTWARE and any other information requested by HISILICON relating to SOFTWARE installation and to provide this information to HISILICON. YOU agree that employees or auditors nominated by HISILICON may also perform such checking and reporting on behalf of HISILICON by prior appointment during your normal business hours on seven (7) days’ notice. HISILICON shall bear the auditors’ costs for that audit unless it reveals unlicensed usage in which case YOU shall promptly reimburse HISILICON for all reasonable costs and expenses, including professional fees, relating to such audit. 6021bd4fe43Sopenharmony_ci 6031bd4fe43Sopenharmony_ciThe SOFTWARE provided under this Agreement is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. YOU agree to comply fully with all laws and regulations of the United States and other countries ("Export Laws") to assure that the SOFTWARE, is not (1) exported, directly or indirectly, in violation of Export Laws, either to any countries that are subject to U.S.A. export restrictions or to any end user who has been prohibited from participating in the U.S.A. export transactions by any federal agency of the U.S.A. government; or (2) intended to be used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. 6041bd4fe43Sopenharmony_ci 6051bd4fe43Sopenharmony_ciThis Agreement shall be governed by and construed in accordance with the laws of People’s Republic of China, without reference to the principles of conflicts of laws. Any dispute arising out of or relating to this Agreement shall be submitted to Shenzhen Longgang District People’s court and the parties waive all objections to that jurisdiction and venue. 6061bd4fe43Sopenharmony_ci 6071bd4fe43Sopenharmony_ciSome open-source software components may be used in the Software. If the applicable licenses of these open-source software components conflict with the content in this Agreement, the licenses of the open-source software components will prevail. 6081bd4fe43Sopenharmony_ci 6091bd4fe43Sopenharmony_ci--------------------------------------------------------------------- 6101bd4fe43Sopenharmony_ciCopyright (C) 2020 Hisilicon (Shanghai) Technologies Co., Ltd. All rights reserved.