- Windows® CE 5 - Images and BSP
- Windows® CE 6 - Images and BSP
- Windows® Embedded Compact 7 - Images and BSP
- Windows® Embedded Compact 2013 - Images and BSP
These license terms are an agreement between you and Toradex AG, Altsagenstrasse 5, CH-6048 Horw, Switzerland (“Toradex” or “Toradex®”). Please read them. They apply to the software included on or supplied with your device and/or downloaded from the Toradex customer pages. The software includes the Microsoft® Windows® CE or Windows® Embedded Compact Images as provided by Toradex® and/or the Toradex® Board Support Packages (“BSP”) for Windows® CE and Embedded Compact, which may include Platform Builder code, EBOOT Bootloader, device drivers and documentation as well as modifications, enhancements and bugfixes made by Toradex, in source code or binary format. The software also includes any separate media on which you received the software.
The software on your device includes software licensed from Microsoft® Corporation or its affiliate.
The terms also apply to any Microsoft
for this software, unless other terms accompany those items. If so, those terms apply.
If you obtain updates or supplements directly from Microsoft, then Microsoft, and not Toradex, licenses those to you.
As described below, using the software also operates as your consent to the transmission of certain computer information for Internet-based services.
By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, contact Toradex to determine its return policy for a refund or credit.
If you comply with these license terms, you have the rights below.
Use. The software license is permanently assigned to the device with which you acquired the software. You may use the software on the device only.
Board Support Packages (“BSP”). Before downloading and using a Toradex BSP you must acquire a valid license for Microsoft’s Platform Builder and other necessary licenses from Microsoft as well as acquire a Toradex computer module and board. Board Support Packages from Toradex are provided in binary format only. You may only use a Toradex BSP to build software for use with Toradex products.
Other Software. You may use other programs with the software as long as the other programs
The software is licensed, not sold, and nothing in this agreement shall be interpreted or construed as a sale or purchase of the software. This agreement only gives you some rights to use the software. Toradex and Microsoft reserve all other rights not expressly granted in this agreement. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that allow you to use it only in certain ways. For more information, see the software documentation or contact Toradex. You may not:
Except as expressly provided in this agreement, rights to access the software on this device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access this device.
You are not granted any license to Microsoft Internet Explorer with this Agreement. You need a separate software license for using Microsoft Internet Explorer with the software. Please contact a local Microsoft sales representative or Toradex for further information.
Microsoft provides Internet-based services with the software. Microsoft may change or cancel them at any time.
a. Consent for Internet-Based Services. The device may contain one or more of the software features described below. These features connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. For more information about these features, visit go.microsoft.com/fwlink/?linkid=104604 or contact Toradex.
By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you.
Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system and browser, the name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you. Depending on the Image or BSP you are using one or several of the following features on the device have been elected to be turned on.
b. Use of Information. Microsoft may use the device information, error reports, and Malware reports to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software.
c. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
Contact Toradex for support options. Refer to the support number provided with the device. Toradex is however not obligated to provide any support, upgrades or new software releases.
You may make one backup copy of the software. You may use it only to reinstall the software on the device.
If you acquired the software on the device, or on a disc or other media, a genuine Certificate of Authenticity (“COA”) label with a genuine copy of the software identifies licensed software. To be valid, this label must be affixed to the device, or included on or in Toradex’s software packaging. If you receive the label separately, it is not valid. You should keep the label on the device or packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see www.howtotell.com.
You may transfer the software only with the device, the Certificate of Authenticity (“COA”) label, and these license terms directly to a third party. Before the transfer, that party must agree that these license terms apply to the transfer and use of the software. You may not retain any copies of the software including the backup copy. A transfer to a third party is not permitted for software under the Kitting Program (cf. paragraph 3. above).
You are not granted a license to any necessary patent or other intellectual property of third parties with respect to telecom and CODEC standards (including any successors or derivatives) as well as any rights offered by patent pool licensing agencies such as MPEGLA, VIA Licensing and HDMI Licensing. Examples of standards include, without limitation: Global System for Mobile (Communications) (GSM), General Packet Radio Services (GPRS), Code Division Multiple Access (CDMA), Single Carrier Radio Transmission Technology (CDMA/1xRTT), and MPEG (audio and video). You are not granted a license to any patent pool where Microsoft is a party to the patent pool, except if you have the right to license such intellectual property under a separate license agreement.
Notice about the H.264/AVC Visual Standard, the VC-1 Video Standard, the MPEG-4 Visual Standard and the MPEG-2 Video Standard. This software may include H.264/AVC, VC-1, MPEG-4 Part 2, and MPEG-2 visual compression technology. If the software includes those visual compression technologies MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER ONE OR MORE VIDEO PATENT PORTFOLIO LICENSES SUCH AS, AND WITHOUT LIMITATION, THE AVC, THE VC-1, THE MPEG-4 PART 2 VISUAL, AND THE MPEG-2 VIDEO PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE VIDEO UNDER SUCH PATENT PORTFOLIO LICENSES. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS PRODUCT IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM.
Notice about the MP3 Audio Standard. This software includes MP3 audio encoding and decoding technology as defined by ISO/IEC 11172-3 and ISO/IEC 13818-3. It is not licensed for any implementation or distribution in any commercial product or service.
You must reproduce and apply any copyright or other proprietary rights notices. You are not authorized to use any trademarks, logos, etc. of Toradex, except as approved in advance and in writing by Toradex.
You acknowledge that the software is not fault tolerant.
The software was not designed for systems that require fail-safe performance or for incorporation into products intended for use in hazardous, dangerous to life or potentially life-threatening environments. You may not use the software in any device or system in which a malfunction of the software would result in foreseeable risk of injury or death to any person or in severe environmental damage. This includes operation of nuclear facilities, aircraft navigation or communication systems and air traffic control, direct life support machines or weapons systems.
The software is provided “as is”. You bear all risks of using it. Toradex, Microsoft and their affiliates give no express or implied warranties, guarantees or conditions. Any warranties you receive regarding the device or the software do not originate from, and are not binding on, Microsoft or its affiliates. Toradex, Microsoft and their affiliates exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement.
You agree to fully defend and indemnify Toradex, Microsoft and their affiliates from any claims, liabilities and costs (including reasonable attorney’s fees) related to your use of the software (including transfer to third parties) or your violation of this agreement.
In no event shall Toradex, Microsoft or their affiliates be liable for any direct or indirect damages, including incidental, special, consequential, punitive damages or lost profits.
This limitation applies to:
It also applies even if Microsoft should have been aware of the possibility of the damages.
If this disclaim of liability cannot be upheld in a particular case before a court or an arbitral body, liability of Toradex, Microsoft and their affiliates shall in any case be limited to willful misconduct or gross negligence.
The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
This agreement, additional terms (including any printed-paper license terms that accompany the software and may modify or replace some or all of these terms), and the terms for supplements, updates, Internet-based services and support services that you use, form the entire agreement for the software and support services.
This agreement is governed exclusively by Swiss law. The exclusive court jurisdiction of the courts of Lucerne (venue: District Court Kriens) will apply to this agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded.