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5 software is licensed to you under the terms of this Software License
14 product(s) sold by InvenSense with which the Software was designed to be used,
21 1.3.    "Software" shall mean that software made available by InvenSense to
26 2.1.    License Grants.  Subject to the terms and conditions of this Agreement,
27 InvenSense hereby grants to Licensee a non-exclusive, non-transferable,
28 royalty-free license (i) to use and integrate the Software in conjunction
29 with any other software; and (ii) to reproduce and distribute the Software
32 2.2.    Restriction on Modification.  If and to the extent that the Software is
33 designed to be compliant with any published communications standard
35 Licensee may not make any modifications to the Software that would cause the
36 Software or the accompanying InvenSense Products to be incompatible with such
41 accompanies such distribution, and (b) agrees to defend and indemnify
52 accessible to the end user.  Licensee acknowledges that any symbols,
53 trademarks, tradenames, and service marks adopted by InvenSense to identify the
54 Software belong to InvenSense and that Licensee shall have no rights therein.
57 including all intellectual property rights, in and to the Software.  Licensee
65 interest or other interest in any intellectual property rights relating to
67 granted to Licensee in any human readable code of the Software (source code).
69 Software except as provided in this Agreement, (ii) attempt to reverse
72 regulation, including but not limited to any regulatory agency, such as FCC,
88 3.2.    No Support.  Nothing in this agreement shall obligate InvenSense to
90 obligation to, correct any defects in the Software and/or provide updates to
91 licensees of the Software.  Licensee shall make reasonable efforts to
92 promptly report to InvenSense any defects it finds in the Software, as an aid
93 to creating improved revisions of the Software.
108 fails to comply with any of the terms and conditions hereof. In such event,
113 rights and licenses granted to Licensee under this Agreement shall
123 relating to the Software, and any other information (if such other
125 confidential under the circumstances) provided to Licensee by InvenSense
128 protection thereof is an essential condition to Licensee's use and possession
130 strict confidence and not disclose it to any third party or use it in any way
136 Information shall not be considered Confidential Information if and to the
138 has entered the public domain through no fault of Licensee; (ii) was known to
141 known to Licensee, without restriction, from a source other than InvenSense
149 promptly returned to InvenSense upon written request by InvenSense or upon
173 7.2 Assignment. This Agreement shall be binding upon and inure to the
179 may assign this Agreement to a successor to all or substantially all of its
180 business or assets to which this Agreement relates that is not a competitor
184 California without regard to any conflict-of-laws rules, and the United
186 excluded.  The sole jurisdiction and venue for actions related to the subject
188 Orange, California, and both parties hereby consent to such jurisdiction and
194 jurisdiction to be illegal or unenforceable, the validity or enforceability
198 intent of the parties to this Agreement, this Agreement shall become
202 Agreement would cause irreparable harm and significant injury to InvenSense
203 that may be difficult to ascertain and that a remedy at law would be
205 to seek and obtain immediate injunctive relief to enforce obligations under
206 the Agreement in addition to any other rights and remedies it may have.
208 7.6.    Waiver.  The waiver of, or failure to enforce, any breach or default