66 lines
3.5 KiB
Plaintext
66 lines
3.5 KiB
Plaintext
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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