key: mstar-2012
short_name: MStar Proprietary License 2012
name: MStar Proprietary License 2012
category: Proprietary Free
owner: MStar Semiconductor
homepage_url: https://github.com/GracieZhou/test/blob/master/CODE/android/vendor/mstar/supernova/projects/msrv/system_database/inc/MSrv_System_Database.h
spdx_license_key: LicenseRef-scancode-mstar-2012
text: |
  MStar Software

  All software, firmware and related documentation herein ("MStar Software") are
  intellectual property of MStar Semiconductor, Inc. ("MStar") and protected by
  law, including, but not limited to, copyright law and international treaties.
  Any use, modification, reproduction, retransmission, or republication of all
  or part of MStar Software is expressly prohibited, unless prior written
  permission has been granted by MStar.

  By accessing, browsing and/or using MStar Software, you acknowledge that you
  have read, understood, and agree, to be bound by below terms ("Terms") and to
  comply with all applicable laws and regulations:

  1. MStar shall retain any and all right, ownership and interest to MStar
     Software and any modification/derivatives thereof.
     No right, ownership, or interest to MStar Software and any
     modification/derivatives thereof is transferred to you under Terms.

  2. You understand that MStar Software might include, incorporate or be
     supplied together with third party`s software and the use of MStar
     Software may require additional licenses from third parties.
     Therefore, you hereby agree it is your sole responsibility to separately
     obtain any and all third party right and license necessary for your use of
     such third party`s software.

  3. MStar Software and any modification/derivatives thereof shall be deemed as
     MStar`s confidential information and you agree to keep MStar`s
     confidential information in strictest confidence and not disclose to any
     third party.

  4. MStar Software is provided on an "AS IS" basis without warranties of any
     kind. Any warranties are hereby expressly disclaimed by MStar, including
     without limitation, any warranties of merchantability, non-infringement of
     intellectual property rights, fitness for a particular purpose, error free
     and in conformity with any international standard.  You agree to waive any
     claim against MStar for any loss, damage, cost or expense that you may
     incur related to your use of MStar Software.
     In no event shall MStar be liable for any direct, indirect, incidental or
     consequential damages, including without limitation, lost of profit or
     revenues, lost or damage of data, and unauthorized system use.
     You agree that this Section 4 shall still apply without being affected
     even if MStar Software has been modified by MStar in accordance with your
     request or instruction for your use, except otherwise agreed by both
     parties in writing.

  5. If requested, MStar may from time to time provide technical supports or
     services in relation with MStar Software to you for your use of
     MStar Software in conjunction with your or your customer`s product
     ("Services").
     You understand and agree that, except otherwise agreed by both parties in
     writing, Services are provided on an "AS IS" basis and the warranty
     disclaimer set forth in Section 4 above shall apply.

  6. Nothing contained herein shall be construed as by implication, estoppels
     or otherwise:
     (a) conferring any license or right to use MStar name, trademark, service
         mark, symbol or any other identification;
     (b) obligating MStar or any of its affiliates to furnish any person,
         including without limitation, you and your customers, any assistance
         of any kind whatsoever, or any information; or
     (c) conferring any license or right under any intellectual property right.

  7. These terms shall be governed by and construed in accordance with the laws
     of Taiwan, R.O.C., excluding its conflict of law rules.
     Any and all dispute arising out hereof or related hereto shall be finally
     settled by arbitration referred to the Chinese Arbitration Association,
     Taipei in accordance with the ROC Arbitration Law and the Arbitration
     Rules of the Association by three (3) arbitrators appointed in accordance
     with the said Rules.
     The place of arbitration shall be in Taipei, Taiwan and the language shall
     be English.
     The arbitration award shall be final and binding to both parties.