| ### CYPRESS WIRELESS CONNECTIVITY DEVICES |
| ### DRIVER END USER LICENSE AGREEMENT (SOURCE AND BINARY DISTRIBUTION) |
| |
| PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE |
| DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE, ANY ACCOMPANYING |
| DOCUMENTATION, OR ANY UPDATES PROVIDED BY CYPRESS ("Software"). BY |
| DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND |
| BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS |
| AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE. IF YOU HAVE |
| PURCHASED THE SOFTWARE, YOUR RIGHT TO RETURN THE SOFTWARE EXPIRES 30 DAYS |
| AFTER YOUR PURCHASE AND APPLIES ONLY TO THE ORIGINAL PURCHASER. |
| |
| Software Provided in Binary Code Form. This paragraph applies to any Software |
| provided in binary code form. Subject to the terms and conditions of this |
| Agreement, Cypress Semiconductor Corporation ("Cypress") grants you a |
| non-exclusive, non-transferable license under its copyright rights in the |
| Software to reproduce and distribute the Software in object code form only, |
| solely for use in connection with Cypress integrated circuit products |
| ("Purpose"). |
| |
| Software Provided in Source Code Form. This paragraph applies to any Software |
| provided in source code form ("Cypress Source Code"). Subject to the terms and |
| conditions of this Agreement, Cypress grants you a non-exclusive, |
| non-transferable license under its copyright rights in the Cypress Source Code |
| to reproduce, modify, compile, and distribute the Cypress Source Code (whether |
| in source code form or as compiled into binary code form) solely for the |
| Purpose. Cypress retains ownership of the Cypress Source Code and any compiled |
| version thereof. Subject to Cypress' ownership of the underlying Cypress |
| Source Code, you retain ownership of any modifications you make to the |
| Cypress Source Code. You agree not to remove any Cypress copyright or other |
| notices from the Cypress Source Code and any modifications thereof. Any |
| reproduction, modification, translation, compilation, or representation of |
| the Cypress Source Code except as permitted in this paragraph is prohibited |
| without the express written permission of Cypress. |
| |
| Free and Open Source Software. Portions of the Software may be licensed under |
| free and/or open source licenses such as the GNU General Public License |
| ("FOSS"). FOSS is subject to the applicable license agreement and not this |
| Agreement. If you are entitled to receive the source code from Cypress for any |
| FOSS included with the Software, either the source code will be included with |
| the Software or you may obtain the source code at no charge from |
| <http://www.cypress.com/go/opensource>. The applicable license terms will |
| accompany each source code package. To review the license terms applicable to |
| any FOSS for which Cypress is not required to provide you with source code, |
| please see the Software's installation directory on your computer. |
| |
| Proprietary Rights. The Software, including all intellectual property rights |
| therein, is and will remain the sole and exclusive property of Cypress or its |
| suppliers. Except as otherwise expressly provided in this Agreement, you may |
| not: (i) modify, adapt, or create derivative works based upon the Software; |
| (ii) copy the Software; (iii) except and only to the extent explicitly |
| permitted by applicable law despite this limitation, decompile, translate, |
| reverse engineer, disassemble or otherwise reduce the Software to |
| human-readable form; or (iv) use the Software other than for the Purpose. |
| |
| No Support. Cypress may, but is not required to, provide technical support for |
| the Software. |
| |
| Term and Termination. This Agreement is effective until terminated. This |
| Agreement and Your license rights will terminate immediately without notice |
| from Cypress if you fail to comply with any provision of this Agreement. Upon |
| termination, you must destroy all copies of Software in your possession or |
| control. Termination of this Agreement will not affect any licenses validly |
| granted as of the termination date to any end users of the Software. The |
| following paragraphs shall survive any termination of this Agreement: "Free and |
| Open Source Software," "Proprietary Rights," "Compliance With Law," |
| "Disclaimer," "Limitation of Liability," and "General." |
| |
| Compliance With Law. Each party agrees to comply with all applicable laws, |
| rules and regulations in connection with its activities under this Agreement. |
| Without limiting the foregoing, the Software may be subject to export control |
| laws and regulations of the United States and other countries. You agree to |
| comply strictly with all such laws and regulations and acknowledge that you |
| have the responsibility to obtain licenses to export, re-export, or import |
| the Software. |
| |
| Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYPRESS MAKES |
| NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, |
| INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF |
| MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cypress reserves the |
| right to make changes to the Software without notice. Cypress does not assume |
| any liability arising out of the application or use of Software or any |
| product or circuit described in the Software. Cypress does not authorize its |
| products for use as critical components in life-support systems where a |
| malfunction or failure may reasonably be expected to result in significant |
| injury to the user. The inclusion of Cypress' product in a life-support |
| system or application implies that the manufacturer of such system or |
| application assumes all risk of such use and in doing so indemnifies Cypress |
| against all charges. |
| |
| Limitation of Liability. IN NO EVENT WILL CYPRESS OR ITS SUPPLIERS, |
| RESELLERS, OR DISTRIBUTORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, |
| OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES |
| HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE |
| USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF CYPRESS OR ITS SUPPLIERS, |
| RESELLERS, OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH |
| DAMAGES. IN NO EVENT SHALL CYPRESS' OR ITS SUPPLIERS' RESELLERS', OR |
| DISTRIBUTORS' TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING |
| NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE. |
| THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS |
| OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW |
| LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE |
| LIMITATION MAY NOT APPLY TO YOU. |
| |
| Restricted Rights. The Software under this Agreement is commercial computer |
| software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If |
| acquired by or on behalf of a civilian agency, the U.S. Government acquires |
| this commercial computer software and/or commercial computer software |
| documentation subject to the terms of this Agreement as specified in 48 |
| C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal |
| Acquisition Regulations ("FAR") and its successors. If acquired by or on |
| behalf of any agency within the Department of Defense ("DOD"), the U.S. |
| Government acquires this commercial computer software and/or commercial |
| computer software documentation subject to the terms of this Agreement as |
| specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its |
| successors. |
| |
| General. This Agreement will bind and inure to the benefit of each party's |
| successors and assigns, provided that you may not assign or transfer this |
| Agreement, in whole or in part, without Cypress' written consent. This |
| Agreement shall be governed by and construed in accordance with the laws of |
| the State of California, United States of America, as if performed wholly |
| within the state and without giving effect to the principles of conflict of |
| law. The parties consent to personal and exclusive jurisdiction of and venue |
| in, the state and federal courts within Santa Clara County, California; |
| provided however, that nothing in this Agreement will limit Cypress' right to |
| bring legal action in any venue in order to protect or enforce its |
| intellectual property rights. No failure of either party to exercise or |
| enforce any of its rights under this Agreement will act as a waiver of such |
| rights. If any portion hereof is found to be void or unenforceable, the |
| remaining provisions of this Agreement shall remain in full force and |
| effect. This Agreement is the complete and exclusive agreement between the |
| parties with respect to the subject matter hereof, superseding and replacing |
| any and all prior agreements, communications, and understandings (both |
| written and oral) regarding such subject matter. Any notice to Cypress will |
| be deemed effective when actually received and must be sent to Cypress |
| Semiconductor Corporation, ATTN: Chief Legal Officer, 198 Champion Court, San |
| Jose, CA 95134 USA. |
