|
|
|
|
Copyright (c) 2017, NETRONOME Systems, Inc. All rights reserved.
|
|
|
|
|
|
|
|
|
|
Agilio(r) Firmware License Agreement (the "AGREEMENT")
|
|
|
|
|
|
|
|
|
|
BY INSTALLING OR USING IN ANY MANNER THE SOFTWARE THAT ACCOMPANIES THIS
|
|
|
|
|
AGREEMENT (THE "SOFTWARE") YOU (THE "LICENSEE") ACKNOWLEDGE TO BE BOUND
|
|
|
|
|
BY ALL OF THE TERMS OF THIS AGREEMENT.
|
|
|
|
|
|
|
|
|
|
LICENSE GRANT. Subject to the terms and conditions set forth herein,
|
|
|
|
|
Netronome Systems, Inc. ("NETRONOME") hereby grants LICENSEE a non-
|
|
|
|
|
exclusive license to use, reproduce and distribute the SOFTWARE
|
|
|
|
|
exclusively in object form.
|
|
|
|
|
|
|
|
|
|
Restrictions. LICENSEE agrees that, (a) unless explicitly provided by
|
|
|
|
|
NETRONOME, the source code of the SOFTWARE is not being provided to
|
|
|
|
|
LICENSEE and is confidential and proprietary to NETRONOME and that
|
|
|
|
|
LICENSEE has no right to access or use such source code. Accordingly,
|
|
|
|
|
LICENSEE agrees that it shall not cause or permit the disassembly,
|
|
|
|
|
decompilation or reverse engineering of the SOFTWARE or otherwise attempt
|
|
|
|
|
to gain access to the source code for the SOFTWARE; and (b) LICENSEE
|
|
|
|
|
agrees that it shall not subject the SOFTWARE in whole or in part, to the
|
|
|
|
|
terms of any software license that requires, as a condition of use,
|
|
|
|
|
modification and/or distribution that the source code of the SOFTWARE, or
|
|
|
|
|
the SOFTWARE be i) disclosed or distributed in source code form; ii)
|
|
|
|
|
licensed for the purpose of making derivative works of the source code of
|
|
|
|
|
the SOFTWARE; or iii) redistribution of the source code of the SOFTWARE
|
|
|
|
|
at no charge.
|
|
|
|
|
|
|
|
|
|
DISCLAIMER OF ALL WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND WITH
|
|
|
|
|
ALL FAULTS AND NETRONOME AND ITS LICENSORS HEREBY DISCLAIM ALL EXPRESS OR
|
|
|
|
|
IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY
|
|
|
|
|
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A
|
|
|
|
|
PARTICULAR PURPOSE.
|
|
|
|
|
|
|
|
|
|
LIMITATIONS OF LIABILITY. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT
|
|
|
|
|
SHALL NETRONOME OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION,
|
|
|
|
|
OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY LOSS OF PROFITS, DATA, USE
|
|
|
|
|
OF THE SOFTWARE, DOCUMENTATION OR EQUIPMENT, OR FOR ANY SPECIAL,
|
|
|
|
|
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER
|
|
|
|
|
DAMAGES, ARISING FROM OR IN CONNECTION WITH THE SOFTWARE EVEN IF
|
|
|
|
|
NETRONOME OR ITS LICENSORS HAVE BEEN MADE AWARE OF THE POSSIBILITY OF
|
|
|
|
|
SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
|
|
|
|
|
LIMITED REMEDY.
|
|
|
|
|
|
|
|
|
|
EXPORT COMPLIANCE. LICENSEE shall not use or export or transmit the
|
|
|
|
|
SOFTWARE, directly or indirectly, to any restricted countries or in any
|
|
|
|
|
other manner that would violate any applicable US and other export
|
|
|
|
|
control and other regulations and laws as shall from time to time govern
|
|
|
|
|
the delivery, license and use of technology, including without limitation
|
|
|
|
|
the Export Administration Act of 1979, as amended, and any regulations
|
|
|
|
|
issued thereunder.
|
|
|
|
|
|
|
|
|
|
PROHIBITION OF SOFTWARE USE IN HIGH RISK ACTIVITIES AND LIFE
|
|
|
|
|
SUPPORT APPLICATIONS. The SOFTWARE is not designed, manufactured or
|
|
|
|
|
intended for use as on-line control equipment in hazardous environments
|
|
|
|
|
requiring fail-safe performance, such as in the operation of nuclear
|
|
|
|
|
facilities, aircraft navigation or communications systems, air traffic
|
|
|
|
|
control, life support systems, human implantation or any other
|
|
|
|
|
application where product failure could lead to loss of life or
|
|
|
|
|
catastrophic property damage or weapons systems, in which the failure of
|
|
|
|
|
the SOFTWARE could lead directly to death, personal injury, or severe
|
|
|
|
|
physical or environmental damage ("High Risk Activities"). Accordingly
|
|
|
|
|
NETRONOME and, where applicable, NETRONOME'S third party licensors
|
|
|
|
|
specifically disclaim any express or implied warranty of fitness for High
|
|
|
|
|
Risk Activities.
|
