1. Subject to the provisions of Clauses 2, 3, 4, 5 and 6, Cadence hereby grants to licensee ("Licensee") a perpetual, non–exclusive, nontransferable, royalty free, worldwide license under its copyrights to display, perform, distribute and copy the DFI (DDR PHY Interface) specification (the "DFI Specification") for the sole purpose of developing, having developed, manufacturing, having manufactured, offering to sell, selling, supplying or otherwise distributing products which comply with the DFI Specification.
2. THE DFI SPECIFICATION IS PROVIDED "AS IS" WITH NO WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
3. No license, express, implied or otherwise, is granted to Licensee, under any provision of this agreement (including without limitation Clause 1), to (a) use Cadence's or any other person or entity, participating in the development of the DFI Specification listed herein (individually "Participant," collectively "Participants") trade name, or trademarks in connection with the DFI Specification or any products based thereon, or (b) any patent right of Cadence or the Participants. Nothing in Clause 1 shall be construed as authority for Licensee to make any representations on behalf of Cadence or the other Participants in respect to the DFI Specification.
4. NOTWITHSTANDING ANYTHING ELSE WILL CADENCE'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM, SUIT, PROCEEDING OR OTHERWISE, RELATING IN ANYWAY TO THE DFI SPECIFICATION EXCEED $1.00USD
5. NOTWITHSTANDING ANYTHING ELSE WILL ANY PARTICIPANT'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM, SUIT, PROCEEDING OR OTHERWISE, RELATING IN ANYWAY TO THE DFI SPECIFICATION EXCEED $1.00USD.
6. Licensee hereby grants individually to Cadence and all Participants a perpetual, irrevocable right and license under its copyrights only to display, perform, create derivative works, reproduce and distribute any written comments or suggestions ("Communications"), regarding the DFI Specification and provided by Licensee for the purpose of further developing, modifying or changing the DFI Specification. Licensee further agrees that it will not assert any claim of copyright in the DFI Specification, or implementations thereof by any Participant or third party, as a result of the use of the Communications in developing or changing the DFI Specification. Cadence and the participants will have no confidentiality obligations with respect to the Communications and Licensee will not include any confidential information of Licensee or any third party in any Communications.
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