94 lines
8.0 KiB
Plaintext
Executable File
94 lines
8.0 KiB
Plaintext
Executable File
STOP!
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BEFORE YOU INSTALL OR USE THIS SOFTWARE
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Carefully read this Software License Agreement. Installing or using this software (the "Software") and the related documentation,
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(the "Documentation"), indicates that you agree to abide by this Software License Agreement. If you do not agree with it, promptly
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return the Software and we will refund the purchase price.
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Software License Agreement
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THE SOFTWARE AND DOCUMENTATION PROVIDED HEREIN IS PROPRIETARY TO LSI CORPORATION AND ITS LICENSORS. LSI CORPORATION IS WILLING TO
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LICENSE THE SOFTWARE AND DOCUMENTATION TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS SOFTWARE
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LICENSE AGREEMENT. BY USING THIS SOFTWARE, YOU, THE END-USER, AGREE TO THE LICENSE TERMS BELOW. IF YOU DO NOT AGREE TO THESE TERMS,
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YOU MAY NOT USE THE SOFTWARE.
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1. Grant of License
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Conditioned upon compliance with the terms and conditions of this Software License Agreement ("Agreement"), LSI Corporation ("LSI")
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grants you, the original licensee, a nonexclusive and nontransferable limited license to use (including installation on multiple
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computers) for your internal business purposes the Software and the Documentation, ("Permitted Use").
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2. License Conditions; Confidentiality
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The Software and Documentation are confidential information of LSI and its licensors. Except as expressly permitted herein, you may
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not disclose or give copies of the Software or Documentation to others and you may not let others gain access to the same. You may
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not post the Software or Documentation, or otherwise make available, in any form, on the Internet or in other public places or media.
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You may not modify, adapt, translate, rent, lease, loan, distribute or resell for profit, or create derivative works based upon, the
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Software or Documentation or any part of thereof, but you may transfer the original media containing the Software and Documentation
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on a one-time basis provided you retain no copies of the Software and Documentation and the recipient assumes all of the terms of
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this Agreement. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software
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except to the extent allowed by law.
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3. No Warranty
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LSI grants a limited warranty only to the original licensee, that the Software will perform substantially in accordance with the
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Documentation prepared by LSI for a period of ninety (90) days from the date of receipt by the original licensee. LSI's entire
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liability and the licensee's exclusive remedy for breach of the limited warranty above shall be, at LSI's sole option and discretion,
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either: (a) the repair or replacement of the non-conforming Software which is returned to LSI and determined by LSI to be
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non-conforming, or (b) the return of the price the original licensee paid solely for the Software. This limited warranty is void if
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the non-conformance of the Software results from accident, abuse, negligence, misapplication, or failure to use the Software in
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accordance with the Documentation. Any replacement Software will be warranted to the original licensee for the remainder of the
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original warranty period, or thirty (30) days, whichever is longer. EXCEPT AS SPECIFIED EXPRESSLY IN THIS LIMITED WARRANTY, ALL
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EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL
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CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE
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LAW AND ARE EXPRESSLY DISCLAIMED BY LSI, ITS SUPPLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH
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WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
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LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
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HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty
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set forth above fails of its essential purpose.
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4. LIMITATION OF LIABILITY AND REMEDIES
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IN NO EVENT SHALL LSI OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR SPECIAL DAMAGES
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ARISING FROM THIS AGREEMENT OR THE USE OF THE SOFTWARE OR DOCUMENTATION (INCLUDING, WITHOUT LIMITATION, DAMAGE FOR LOSS OF BUSINESS
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PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, OR OTHER PECUNIARY LOSS), WHETHER RESULTING FROM LSI'S
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NEGLIGENCE OR OTHERWISE, EVEN IF LSI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LSI'S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING
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UNDER THIS AGREEMENT AND THE USE OF THE SOFTWARE AND DOCUMENTATION WILL NOT EXCEED AN AMOUNT EQUAL TO THE LICENSE FEES YOU PAID TO LSI
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FOR THE SOFTWARE AND DOCUMENTATION. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, AND THE ABOVE
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EXCLUSION MAY NOT APPLY TO YOU.
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5. U.S. Government End User Purchasers
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The Software and Documentation qualify as "commercial items," as that term is defined at Federal Acquisition Regulation ("FAR")
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(48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used
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in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other
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contractual clause to the contrary, you may provide to Government end user or, if this Agreement is direct, Government end user will
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acquire, the Software and Documentation with only those rights set forth in this Agreement. Use of either the Software or Documentation
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or both constitutes agreement by the Government that the Software and Documentation are "commercial computer software" and "commercial
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computer software documentation," and constitutes acceptance of the rights and restrictions herein.
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6. Term And Termination
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You may terminate this Agreement at any time, and it will automatically terminate if you fail to comply with it. If terminated, you must
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immediately destroy the Documentation and the Software and all copies you have made.
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7. Audit Rights
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LSI shall have the right on reasonable notice, at its own cost and no more than once per year, directly or through its independent
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auditors, to inspect, examine, take extracts, and make copies from, your records to the extent reasonably necessary to verify your
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compliance with the terms and conditions of this Agreement. This right shall apply during the term of this Agreement and for one (1)
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year thereafter.
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8. Export
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You may not export this Software or Documentation, unless you have complied with applicable United States and foreign government laws.
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9. General
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You assume full responsibility for the legal and responsible use of the Software and Documentation. You agree that this Agreement is the
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complete agreement between you and LSI (and that any verbal or written statements that are not reflected in this Agreement and any prior
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agreements, are superseded by this Agreement). To be effective, any amendment of this Agreement must be in writing and signed by both you
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and LSI. Should any provisions of this Agreement be held to be unenforceable, then such provision shall be separable from this Agreement
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and shall not affect the remainder of the Agreement. This Agreement shall be governed by California law, not including its choice of law
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provisions. The United Nations Convention on the International Sale of Goods shall not be applied to this Agreement. All rights in the
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Software and Documentation not specifically granted in this Agreement are reserved by LSI or its licensors. The English language version
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of this Agreement shall be the official version. The terms and conditions of this Software License Agreement shall be binding upon you and
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your respective heirs, successors and assigns.
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10. Survival
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The provisions of Sections 2, 3, 4, 7, 8 and 9 shall survive any termination of this Agreement.
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