File LICENSE of Package adaptec-firmware
ADAPTEC SOFTWARE LICENSE
READ THIS BEFORE INSTALLING OR USING THIS SOFTWARE.
Do not use or load this firmware (the "Software") until you have read
and agree with the following terms and conditions. If you are not
willing to abide by these terms and conditions, do not install or use
the Software. By loading or using the Software, you are giving your
assent to the terms of this license.
LICENSE. Adaptec grants to you a non-exclusive, non-transferable,
worldwide license to copy the Software in object code form only,
combine it with your software and distribute it, directly to
customers, or through your distribution network. You shall have no
right to grant any license or sublicense to any third party, to use
the Software for any purpose, except a sublicense to use the copy
produced and distributed by you. You shall have no right to modify all
or any part of the Software. You shall not disassemble, decompile or
otherwise reverse engineer the Software nor permit any third party to
do so. All rights not expressly granted herein are reserved by
PROPRIETARY OWNERSHIP RIGHTS. Adaptec shall retain all ownership,
right, title and interest in and to all current and hereafter existing
revisions of or modifications to the Software, including all copies
made hereunder and all intellectual property rights related
thereto. All copies of the Software made by you shall contain
Adaptec's copyright notice and you shall not remove any copyright
notices contained in the Software.
WARRANTY EXCLUSION. THE SOFTWARE IS PROVIDED "AS IS". ADAPTEC
MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE SOFTWARE.
ADAPTEC EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING IN LAW, CUSTOM,
CONDUCT OR OTHERWISE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR
ANY LOSS OF PROFITS, LOSS OF USE, CONSEQUENTIAL, SPECIAL OR INCIDENTAL
DAMAGES ARISING UNDER THIS AGREEMENT, EVEN IF THE OTHER PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
ANY DAMAGES ATTRIBUTABLE TO ADAPTEC EXCEED THE AMOUNT OF
PAYMENTS MADE TO ADAPTEC UNDER THIS AGREEMENT.
TERMINATION OF THIS AGREEMENT. Adaptec may terminate this Agreement if
you violate its terms. Upon termination, you will immediately destroy
the Software or return all copies of the Software to Adaptec.
APPLICABLE LAW. This Agreement shall be governed by the laws of the
State of California, USA, excluding its principles of conflict of laws
and the United Nations Convention on Contracts for the Sale of Goods.
AMENDMENT, SEVERABILITY, WAIVER. No supplement or amendment of this
Agreement shall be binding, unless executed in writing by both parties
and specifically referencing the supplementing or amendment of this
Agreement. Any provision of this Agreement found to be illegal or
unenforceable shall be deemed severed, and the balance of this
Agreement shall remain in full force and effect. Neither party’s right
to require performance of the other party’s obligations hereunder
shall be affected by any previous waiver, forbearance or course of
dealing, unless or only to the extent of any waiver given in
writing. Failure or delay by either party to exercise any of its
rights, powers or remedies hereunder shall not constitute a waiver of
those rights, powers or remedies.
EXPORT COMPLIANCE. Each party agrees that the Software is subject to
the U.S. Export Administration Act and Export Administration
Regulations, as well as applicable import and export regulations of
the countries in which each party transacts business. Each party shall
comply with such laws and regulations, as well as all other laws and
regulations applicable to the Software. Each party agrees that it will
not export, re-export, transfer or divert any of the Software to any
country for which United States' laws or regulations require an export
license or other governmental approval, without first obtaining such
license or approval, nor will each party export, re-export, transfer
or divert any of the Software to any restricted place or party in
accordance with U.S. export regulations.
GOVERNMENT RESTRICTED RIGHTS. The Software is provided with RESTRICTED
RIGHTS. Use, duplication or disclosure by the Government is subject to
restrictions as set forth in FAR52.227-14 and DFAR252.227-7013
et. seq. or their successors. Us of the Software by the Government
constitutes acknowledgment of Adaptec’s proprietary right therein.
Adaptec, Inc., 691 South Milpitas Boulevard, Milpitas, California 95035