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CANN Open Software License Agreement Version 2.0

This CANN Open Software License Agreement Version 2.0 (hereinafter referred to as this "Agreement") is a legal agreement between you and Huawei, and it governs your use, modification, or distribution of CANN Open Software (hereinafter referred to as "Software"). Please read this Agreement carefully.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind that entity to this Agreement, in which case "you" will mean the entity you represent.

BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU AGREE YOU HAVE FULLY UNDERSTOOD AND ACCEPTED THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, OR IF YOU DO NOT QUALIFY FOR AGREEING TO THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO AND SHALL NOT DOWNLOAD, INSTALL, OR MAKE ANY USE OF THE SOFTWARE.

1. Definition

1.1   Software means the APIs, source code files, binaries, and related documents of Compute Architecture for Neural Networks("CANN") that are licensable by Huawei, and provided and licensed under this Agreement.

1.2   Huawei AI Processors mean AI chipsets (i) branded with "Ascend", "Kirin"," Yueying" or other brands owned or controlled by Huawei; or (ii) manufactured (including have manufactured), supplied (including have supplied) or designed (including have designed) by Huawei.

2.  Grant of Intellectual Property Rights
2.1 Subject to the terms and conditions of this Agreement, including your full compliance thereof, Huawei hereby grants you a limited, worldwide, royalty-free, non-transferable, non-sublicensable, and revocable license for you to (i) download, use, modify, integrate, and distribute the Software or its derivative works for the purpose of developing software solely for use in systems with Huawei AI Processors and/or Software, and (ii) distribute any software developed based upon Software and/or its derivative works solely for use in systems with Huawei AI Processors and/or Software.

3.  Restrictions
3.1 You are not authorized to, and shall not use, modify, or distribute this Software or its derivative works for any other purposes than those expressly permitted by this Agreement. You shall not make any use of the Software or its derivative works to develop or distribute any software for use in systems with processors other than Huawei AI Processors. All rights not expressly granted herein are expressly reserved by Huawei.

3.2 You are not authorized to, and shall not remove, obscure, or alter any copyright or other notices in this Software or any part of it.

3.3 Distribution Restrictions
You may distribute the Software or its derivative works in any medium, whether in source or executable forms, for the purpose stipulated in Section 2; provided that you provide recipients with a copy of this Agreement, and retain all notices in the Software.

4. Disclaimer of Warranty and Limitation of Liability
THE SOFTWARE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL HUAWEI OR ANY OTHER COPYRIGHT HOLDER BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SOFTWARE, IN WHOLE OR IN PART, NO MATTER HOW IT IS CAUSED OR THE LEGAL THEORY IT IS BASED ON, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. Termination
5.1 This Agreement will continue to apply until terminated by either you or Huawei as described below:
a．You may terminate this Agreement by ceasing your use of the Software;
b.  Huawei may at any time, terminate this Agreement if: (i) you fail to comply with any term of this Agreement; or (ii) you directly or indirectly initiate any legal proceeding against any individual or entity by alleging that the Software or any part of it infringes your intellectual property rights.
5.2 By termination, all the rights granted to you under this Agreement are terminated, and you shall cease to use and delete this Software or any derivative works immediately. All rights granted to you under this Agreement shall hereby be void ab initio in the event of termination in accordance with Section 5.1. b above. Huawei reserves the right to pursue any and all legal remedies available to enforce the terms and conditions of this Agreement or to protect Huawei’s intellectual property rights for such breach or violation. All provisions shall survive the termination of this Agreement except for Section 2 and Section 3.3.

6. MISCELLANEOUS
If the application of any provision of this Agreement to any particular facts or circumstances is held to be invalid or unenforceable by a court of competent jurisdiction, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to affect the intent of the you and Huawei and reformed without further action by you and Huawei to the extent necessary to make such provision valid and enforceable.

END OF THE TERMS AND CONDITIONS