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1 | Copyright © 2015, Cavium, Inc. All rights reserved. |
2 | ||
3 | Software License Agreement | |
4 | ||
5 | ANY USE, REPRODUCTION, OR DISTRIBUTION OF THE ACCOMPANYING BINARY SOFTWARE | |
6 | CONSTITUTES LICENSEEE'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. | |
7 | ||
8 | Licensed Software. Subject to the terms and conditions of this Agreement, | |
9 | Cavium, Inc. ("Cavium") grants to Licensee a worldwide, non-exclusive, and | |
10 | royalty-free license to use, reproduce, and distribute the binary software in | |
11 | its complete and unmodified form as provided by Cavium. | |
12 | ||
13 | Restrictions. Licensee must reproduce the Cavium copyright notice above with | |
14 | each binary software copy. Licensee must not reverse engineer, decompile, | |
15 | disassemble or modify in any way the binary software. Licensee must not use | |
16 | the binary software in violation of any applicable law or regulation. This | |
17 | Agreement shall automatically terminate upon Licensee's breach of any term or | |
18 | condition of this Agreement in which case, Licensee shall destroy all copies of | |
19 | the binary software. | |
20 | ||
21 | Warranty Disclaimer. THE LICENSED SOFTWARE IS OFFERED "AS IS," AND CAVIUM | |
22 | GRANTS AND LICENSEE RECEIVES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, | |
23 | IMPLIED, STATUTORY, OR BY COURSE OF COMMUNICATION OR DEALING WITH LICENSEE, OR | |
24 | OTHERWISE. CAVIUM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED | |
25 | WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR | |
26 | NONINFRINGEMENT OF THIRD PARTY RIGHTS, CONCERNING THE LICENSED SOFTWARE, | |
27 | DERIVATIVE WORKS, OR ANY DOCUMENTATION PROVIDED WITH THE FOREGOING. WITHOUT | |
28 | LIMITING THE GENERALITY OF THE FOREGOING, CAVIUM DOES NOT WARRANT THAT THE | |
29 | LICENSED SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, AND | |
30 | CAVIUM GRANTS NO WARRANTY REGARDING ITS USE OR THE RESULTS THEREFROM, INCLUDING | |
31 | ITS CORRECTNESS, ACCURACY, OR RELIABILITY. | |
32 | ||
33 | Limitation of Liability. IN NO EVENT WILL LICENSEE, CAVIUM, OR ANY OF CAVIUM'S | |
34 | LICENSORS HAVE ANY LIABILITY HEREUNDER FOR ANY INDIRECT, SPECIAL, OR | |
35 | CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER | |
36 | FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT | |
37 | OF THIS AGREEMENT, INCLUDING DAMAGES FOR LOSS OF PROFITS, OR THE COST OF | |
38 | PROCUREMENT OF SUBSTITUTE GOODS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE | |
39 | POSSIBILITY OF SUCH DAMAGES. | |
40 | ||
41 | Export and Import Laws. Licensee acknowledges and agrees that the Licensed | |
42 | Software (including technical data and related technology) may be controlled by | |
43 | the export control laws, rules, regulations, restrictions and national security | |
44 | controls of the United States and other applicable foreign agencies (the | |
45 | "Export Controls"), and agrees not export or re-export, or allow the export or | |
46 | re-export of export-controlled the Licensed Software (including technical data | |
47 | and related technology) or any copy, portion or direct product of the foregoing | |
48 | in violation of the Export Controls. Licensee hereby represents that | |
49 | (i) Licensee is not an entity or person to whom provision of the Licensed | |
50 | Software (including technical data and related technology) is restricted or | |
51 | prohibited by the Export Controls; and (ii) Licensee will not export, re-export | |
52 | or otherwise transfer the export-controlled Licensed Software (including | |
53 | technical data and related technology) in violation of U.S. sanction programs | |
54 | or export control regulations to (a) any country, or national or resident of | |
55 | any country, subject to a United States trade embargo, (b) any person or entity | |
56 | to whom shipment is restricted or prohibited by the Export Controls, or | |
57 | (c) anyone who is engaged in activities related to the design, development, | |
58 | production, or use of nuclear materials, nuclear facilities, nuclear weapons, | |
59 | missiles or chemical or biological weapons. |