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