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key
mediatek-proprietary-2010
short_name
Mediatek Proprietary License 2010
name
Mediatek Proprietary License 2010
category
Proprietary Free
owner
MediaTek
homepage_url
https://github.com/spartan263/vizio_oss/blob/master/uboot/board/mt5398/nand_aes.c
spdx_license_key
LicenseRef-scancode-mediatek-proprietary-2010
license_text
This software/firmware and related documentation ("MediaTek Software")  
are protected under international and related jurisdictions'copyright laws
as unpublished works. The information contained herein is confidential and
proprietary to MediaTek Inc. Without the prior written permission of      
MediaTek Inc., any reproduction, modification, use or disclosure of       
MediaTek Software, and information contained herein, in whole or in part, 
shall be strictly prohibited.                                             
                                                                          
BY OPENING THIS FILE, RECEIVER HEREBY UNEQUIVOCALLY ACKNOWLEDGES AND    
AGREES TO THE FOLLOWING:                                                  
                                                                          
1) Any and all intellectual property rights (including without           
limitation, patent, copyright, and trade secrets) in and to this          
Software/firmware and related documentation ("MediaTek Software") shall   
remain the exclusive property of MediaTek Inc. Any and all intellectual   
property rights (including without limitation, patent, copyright, and     
trade secrets) in and to any modifications and derivatives to MediaTek    
Software, whoever made, shall also remain the exclusive property of       
MediaTek Inc.  Nothing herein shall be construed as any transfer of any   
title to any intellectual property right in MediaTek Software to Receiver.
                                                                          
2) This MediaTek Software Receiver received from MediaTek Inc. and/or its
representatives is provided to Receiver on an "AS IS" basis only.         
MediaTek Inc. expressly disclaims all warranties, expressed or implied,   
including but not limited to any implied warranties of merchantability,   
non-infringement and fitness for a particular purpose and any warranties  
arising out of course of performance, course of dealing or usage of trade.
MediaTek Inc. does not provide any warranty whatsoever with respect to the
software of any third party which may be used by, incorporated in, or     
supplied with the MediaTek Software, and Receiver agrees to look only to  
such third parties for any warranty claim relating thereto.  Receiver     
expressly acknowledges that it is Receiver's sole responsibility to obtain
from any third party all proper licenses contained in or delivered with   
MediaTek Software.  MediaTek is not responsible for any MediaTek Software 
releases made to Receiver's specifications or to conform to a particular  
standard or open forum.                                                   
                                                                          
3) Receiver further acknowledge that Receiver may, either presently      
and/or in the future, instruct MediaTek Inc. to assist it in the          
development and the implementation, in accordance with Receiver's designs,
of certain softwares relating to Receiver's product(s) (the "Services").  
Except as may be otherwise agreed to in writing, no warranties of any     
kind, whether express or implied, are given by MediaTek Inc. with respect 
to the Services provided, and the Services are provided on an "AS IS"     
basis. Receiver further acknowledges that the Services may contain errors 
that testing is important and it is solely responsible for fully testing  
the Services and/or derivatives thereof before they are used, sublicensed 
or distributed. Should there be any third party action brought against    
MediaTek Inc. arising out of or relating to the Services, Receiver agree  
to fully indemnify and hold MediaTek Inc. harmless.  If the parties       
mutually agree to enter into or continue a business relationship or other 
arrangement, the terms and conditions set forth herein shall remain       
effective and, unless explicitly stated otherwise, shall prevail in the   
event of a conflict in the terms in any agreements entered into between   
the parties.                                                              
                                                                          
4) Receiver's sole and exclusive remedy and MediaTek Inc.'s entire and   
cumulative liability with respect to MediaTek Software released hereunder 
will be, at MediaTek Inc.'s sole discretion, to replace or revise the     
MediaTek Software at issue.                                               
                                                                          
5) The transaction contemplated hereunder shall be construed in          
accordance with the laws of Singapore, excluding its conflict of laws     
principles.  Any disputes, controversies or claims arising thereof and    
related thereto shall be settled via arbitration in Singapore, under the  
then current rules of the International Chamber of Commerce (ICC).  The   
arbitration shall be conducted in English. The awards of the arbitration  
shall be final and binding upon both parties and shall be entered and     
enforceable in any court of competent jurisdiction.