High Speed Serial Trace Port Architecture Specification

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HSSTP Specification

1. Subject to the provisions of Clauses 2 and 3, ARM hereby grants to YOU (either an individual or single entity) and in the case of entities, your Subsidiaries, a non-exclusive, non-transferable, royalty free, worldwide licence to use and copy the high speed serial trace port specification (“HSSTP Specification”) for the purposes of; (i) developing, having developed, manufacturing, having manufactured, offering to sell, selling, supplying or otherwise distributing integrated circuits which incorporate a high speed serial trace port which is compatible with the HSSTP Specification; and (ii) developing tools which are designed for use with products that are compatible with the HSSTP Specification.
   
   The licences granted in this Clause 1 shall not extend to any portion or function of a product that is not itself compliant with the HSSTP Specification or reasonably necessary to implement the HSSTP Specification.
   
   “Subsidiary” means any company the majority of whose voting shares is now or hereafter owned or controlled, directly or indirectly, by YOU. A company shall be a Subsidiary only for the period during which such control exists.
   
   
2. In consideration of the licenses granted in Clause 1, YOU hereby agree on behalf or YOU and YOUR Subsidiaries not to Assert any patents against ARM, ARM’s licensees, ARM’s customers, and customers of ARM’s Licensees, where such patents that without the appropriate permission from YOU or YOUR Subsidiaries, would be infringed when implementing a product that is compatible with the HSSTP Specification because no alternative, commercially reasonable, non-infringing way of satisfying the criteria set out in the HSSTP Specification exists. The forgoing shall not restrict YOU from Asserting YOUR patents against any of the parties referred to above solely as a defence to a patent action brought against YOU or YOUR Subsidiaries by such party.
   
   “Assert” means to bring an action of any nature before any legal, judicial, arbitration, administrative, executive or other type of body or tribunal that has, or claims to have, authority to adjudicate such action in whole or in part, or to threaten to carry out any of the foregoing.
   
   
3. Except as specifically licensed in accordance with Clause 1, YOU and YOUR Subsidiaries acquire no right, title or interest in any ARM technology or any intellectual property embodied therein. In no event shall the licences granted in accordance with Clause 1 be construed as granting YOU and YOUR Subsidiaries, expressly or by implication, estoppel or otherwise, a licence to use any ARM technology except the HSSTP Specification. No right is granted to YOU or YOUR Subsidiaries to sublicense the rights granted to YOU and YOUR Subsidiaries under this agreement.
   
   
4. THE HSSTP SPECIFICATION IS PROVIDED "AS IS" WITH NO WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
   
   
5. No licence, express, implied or otherwise, is granted to LICENSEE, under the provisions of Clause 1, to use the ARM trade name, in connection with the HSSTP Specification or any products based thereon. Nothing in this agreement shall be construed as authority for YOU or YOUR Subsidiaries to make any representations on behalf of ARM in respect of the HSSTP Specification.
   
   
6. If YOU are downloading the HSSTP Specification on behalf of a company, partnership or other legal entity, YOU represent and warrant that YOU have authority to bind that entity to these terms and Conditions. If YOU do not have this authority YOU should not proceed to download the HSSTP Specification.
   
   
7. This Agreement may be terminated immediately upon written notice; (i) from ARM if YOU or YOUR Subsidiaries breach any of the terms of this; or (ii) from YOU within thirty days of the date YOU accepted the terms of this Agreement, if after a review of the HSSTP Specification YOU decide that YOU cannot agree to the non Assert provisions contained in Clause 2 . Upon termination of this Agreement, all licences granted to YOU and YOUR Subsidiaries shall cease immediately and YOU shall at ARM's option either return to ARM or destroy all copies of the HSSTP Specification. Further if this Agreement is terminated by YOU in accordance with the provisions of this Clause 7 the provisions of Clause 2 shall no longer apply.
   
   
8. This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

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