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