(1) This Disclaimer applies to the software provided by Decawave Ltd. (“Decawave”) in support of its DWM1001 module product (“Module”) all as set out at clause 3 herein (“Decawave Software”).
(2) Decawave Software is provided in two ways as follows: -
(a) pre-loaded onto the Module at time of manufacture by Decawave (“Firmware”);
(b) supplied separately by Decawave (“Software Bundle”).
(3) Decawave Software consists of the following components (a) to (d) inclusive:
(a) The Decawave Positioning and Networking Stack (“PANS”), available as a library accompanied by source code that allows a level of user customisation. The PANS software is pre-installed and runs on the Module as supplied, and enables mobile “tags”, fixed “anchors” and “gateways” that together deliver the DWM1001 Two-Way-Ranging Real Time Location System (“DRTLS”) Network.
(b) The Decawave DRTLS Manager which is an Android™ application for configuration of DRTLS nodes (nodes based on the Module) over Bluetooth™.
(c) The Decawave DRTLS Gateway Application which supplies a gateway function (on a Raspberry Pi ®) routing DRTLS location and sensor data traffic onto an IP based network (e.g. LAN), and consists of the following components:
- DRTLS Gateway Linux Kernel Module
- DRTLS Gateway Daemon
- DRTLS Gateway Proxy
- DRTLS Gateway MQTT Broker
- DRTLS Gateway Web Manager
(d) Example Host API functions, also designed to run on a Raspberry Pi, which show how to drive the Module from an external host microprocessor.
(4) The following third party components are used by Decawave Software and are incorporated in the Firmware or included in the Software Bundle as the case may be: -
(a) The Decawave PANS software incorporates the Nordic SoftDevice S132-SD-v3 version 3.0.0 (production) which is included in the Firmware and is also included in the Software Bundle;
(b) The Decawave PANS software uses the eCos RTOS which is included in the Software Bundle. The eCos RTOS is provided under the terms of an open source licence which may be found at:
(c) The Decawave PANS software uses an open source CRC-32 function from FreeBSD which is included in the Software Bundle. This CRC-32 function is provided under the terms of the BSD licence which may be found at: https://github.com/freebsd/freebsd/blob/386ddae58459341ec567604707805814a2128a57/COPYRIGHT;
(d) The Decawave DRTLS Manager application uses open source software which is provided as source code in the Software Bundle. This open source software is provided under the terms of the Apache Licence v2.0 which may be found at http://www.apache.org/licenses/LICENSE-2.0;
(e) The Decawave DRTLS Gateway Application uses the following third party components: -
(i) The Linux Kernel which is provided as source code in the Software Bundle. The Linux Kernel is provided under the terms of the GPLv2 licence which may be found at: https://www.gnu.org/licenses/old-licenses/gpl-2.0.en.html and as such the DWM1001 driver component of the DRTLS Gateway Application is provided under the same license terms;
Items (a), (b), (c), (d) and (e) in this section 4 are collectively referred to as the “Third Party Software”
(5) Decawave Software incorporates source code licensed to Decawave by Leaps s.r.o., a supplier to Decawave, which is included in the Firmware and the Software Bundle in binary and/or source code forms as the case may be, under the terms of a license agreement entered into between Decawave and Leaps s.r.o.
(6) Decawave hereby grants you a free, non-exclusive, non-transferable, worldwide license without the right to sub-license to design, make, have made, market, sell, have sold or otherwise dispose of products incorporating Decawave Software, to modify Decawave Software or incorporate Decawave Software in other software and to design, make, have made, market, sell, have sold or otherwise dispose of products incorporating such modified or incorporated software PROVIDED ALWAYS that the use by you of Third Party Software as supplied by Decawave is subject to the terms and conditions of the respective license agreements as set out at clause 4 herein AND PROVIDED ALWAYS that Decawave Software is used only in systems and products based on Decawave semiconductor products. NO OTHER LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE TO ANY OTHER DECAWAVE INTELLECTUAL PROPERTY RIGHT, AND NO LICENSE TO ANY THIRD PARTY TECHNOLOGY OR INTELLECTUAL PROPERTY RIGHT, IS GRANTED HEREIN, including but not limited to any patent right, copyright, mask work right, or other intellectual property right relating to any combination, machine, or process in which Decawave semiconductor products or Decawave Software are used.
(7) Downloading, accepting delivery of or using Decawave Software indicates your agreement to the terms of (i) the license grated at clause 6 herein, (ii) the terms of this Disclaimer and (iii) the terms attaching to the Third Party Software. If you do not agree with all of these terms do not download, accept delivery of or use Decawave Software.
(8) Decawave Software is solely intended to assist you in developing systems that incorporate Decawave semiconductor products. You understand and agree that you remain responsible for using your independent analysis, evaluation and judgment in designing your systems and products. THE DECISION TO USE DECAWAVE SOFTWARE IN WHOLE OR IN PART IN YOUR SYSTEMS AND PRODUCTS RESTS ENTIRELY WITH YOU AND DECAWAVE ACCEPTS NO LIABILTY WHATSOEVER FOR SUCH DECISION.
(9) DECAWAVE SOFTWARE IS PROVIDED "AS IS". DECAWAVE MAKES NO WARRANTIES OR REPRESENTATIONS WITH REGARD TO DECAWAVE SOFTWARE OR USE OF DECAWAVE SOFTWARE, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ACCURACY OR COMPLETENESS. DECAWAVE DISCLAIMS ANY WARRANTY OF TITLE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS WITH REGARD TO DECAWAVE SOFTWARE OR THE USE THEREOF.
(10) DECAWAVE SHALL NOT BE LIABLE FOR AND SHALL NOT DEFEND OR INDEMNIFY YOU AGAINST ANY THIRD PARTY INFRINGEMENT CLAIM THAT RELATES TO OR IS BASED ON DECAWAVE SOFTWARE OR THE USE OF DECAWAVE SOFTWARE. IN NO EVENT SHALL DECAWAVE BE LIABLE FOR ANY ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, HOWEVER CAUSED, INCLUDING WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, LOSS OF ANTICIPATED PROFITS, GOODWILL, REPUTATION, BUSINESS RECEIPTS OR CONTRACTS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION), LOSSES OR EXPENSES RESULTING FROM THIRD PARTY CLAIMS. THESE LIMITATIONS WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER UNDER STATUTE, IN CONTRACT OR TORT INCLUDING NEGLIGENCE OR ANY OTHER FORM OF ACTION AND WHETHER OR NOT DECAWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY OUT OF DECAWAVE SOFTWARE OR THE USE OF DECAWAVE SOFTWARE.
(11) You acknowledge and agree that you are solely responsible for compliance with all legal, regulatory and safety-related requirements concerning your products, and any use of Decawave Software in your applications, notwithstanding any applications-related information or support that may be provided by Decawave.
(12) Decawave reserves the right to make corrections, enhancements, improvements and other changes to its software, including Decawave Software, at any time.
Dublin D08 T6YA
Copyright (c) 15 November 2017 by Decawave Limited. All rights reserved. All trademarks are the property of their respective owners