LICENCE.cavium

   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.