176 lines
11 KiB
Text
176 lines
11 KiB
Text
Taken from http://www.adaptec.com/adapteccom/templates/driverdetail.aspx?NRMODE=Published&NRNODEGUID=%7b8AF9FA1B-5BBC-46D3-9A6A-4D416EB5560D%7d
|
|
|
|
ADAPTEC, INC.
|
|
DOWNLOADABLE SOFTWARE LICENSE
|
|
|
|
This License is granted by Adaptec, Inc., referred to in this License as
|
|
"ADAPTEC" or "we" or "us." ADAPTEC reserves the right to record all activities
|
|
and to use any information obtained in accordance with the privacy policy which
|
|
you can access below.
|
|
|
|
Directions to Obtain Your File:
|
|
|
|
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE EXPORT
|
|
COMPLIANCE REQUIREMENTS SET OUT BELOW. YOU MUST ANSWER THE REQUIRED QUESTION
|
|
TRUTHFULLY TO LET US KNOW WHETHER YOU HAVE READ AND UNDERSTOOD THE TERMS AND
|
|
CONDITIONS AND EXPORT COMPLIANCE REQUIREMENTS AND WHETHER YOU AGREE TO COMPLY.
|
|
YOU MUST CLICK A FURTHER BUTTON TO CONFIRM YOUR ANSWER AND IF YOU ANSWER IN THE
|
|
AFFIRMATIVE, A BINDING LICENSE AGREEMENT ("LICENSE") WILL BE CONCLUDED BETWEEN
|
|
US. YOU MAY THEN PROCEED TO DOWNLOAD THE SOFTWARE.
|
|
|
|
IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND EXPORT COMPLIANCE
|
|
REQUIREMENTS THEN DO NOT DOWNLOAD THE SOFTWARE. IF YOU WISH TO CANCEL THIS
|
|
LICENSE AT ANY TIME YOU MAY DO SO BY DESTROYING ALL COPIES AND PARTIAL COPIES
|
|
OF THE SOFTWARE WHICH YOU HAVE DOWNLOADED.
|
|
|
|
YOU ALSO AGREE THAT YOU HAVE ALL NECESSARY INFORMATION IN ORDER TO ENTER INTO
|
|
THIS LICENSE WHETHER UNDER AN APPLICABLE EUROPEAN E-COMMERCE DIRECTIVE OR
|
|
OTHERWISE. IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND REQUIREMENTS, DO
|
|
NOT DOWNLOAD ANY FILES.
|
|
|
|
Please retain a copy of the License for your files or you may contact ADAPTEC's
|
|
Legal Department at the address listed below for a further copy. This license
|
|
may be concluded in English or the language in which it is drafted by ADAPTEC
|
|
and appears to you online, as applicable. If you are a consumer residing in
|
|
Europe (a "European Consumer") then this License shall not affect your
|
|
statutory rights under the local laws in Europe.
|
|
|
|
This License grants you a non-exclusive license to use the ADAPTEC Software and
|
|
related documentation ("Software") on the following terms, conditions, and
|
|
export compliance requirements:
|
|
|
|
If you are NOT an individual consumer residing in Europe then the following
|
|
terms, conditions and export compliance requirements apply and are a part of
|
|
your license: ALL SECTIONS EXCEPT AS SPECIFIED HEREIN.
|
|
|
|
If you are an individual consumer residing in Europe ("European Consumer") then
|
|
the following terms, conditions and export compliance requirements apply and
|
|
are made part of your License: 1, 2, 3, 4, applicable parts of 6, 7, 9 and the
|
|
first paragraph of export compliance. IF YOU ARE A EUROPEAN CONSUMER THIS
|
|
LICENSE SHALL NOT AFFECT YOUR RIGHTS UNDER THE STATUTORY LAWS OF EUROPE.
|
|
|
|
1. Your right to use the Software.You may use the Software in machine
|
|
readable form (i.e. the form you download from us) within a single working
|
|
location. You may copy the Software in the same form solely for back-up
|
|
purposes or use within a single working location. You must reproduce
|
|
ADAPTEC's copyright notice and proprietary legends. These requirements apply
|
|
to European Consumers.
|
|
2. Restrictions. This Software contains trade secrets and in order to protect
|
|
them you may not: (1) distribute copies of the Software in any manner,
|
|
including, but not limited to, distribution through web site posting; (2)
|
|
decompile, reverse engineer, disassemble, or otherwise reduce the Software to
|
|
a human perceivable form; (3) MODIFY, ADAPT OR TRANSLATE THE SOFTWARE INTO
|
|
ANY OTHER FORM; (4) RENT, LEASE, LOAN, RESELL FOR PROFIT, OR CREATE
|
|
DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART OF IT. These
|
|
requirements apply to European Consumers.
|
|
3. Ownership. The Software is copyrighted by, proprietary to and a trade
|
|
secret of ADAPTEC. ADAPTEC retains the title, ownership and intellectual
|
|
property rights in and to the Software and all subsequent copies regardless
|
|
of the form or media. The Software is protected by the copyright laws of the
|
|
United States, the European Union, and international copyright treaties. This
|
|
License is not a sale of the Software. These terms apply to European
|
|
consumers.
|
|
4. Termination. This License is effective until terminated. This License will
|
|
terminate automatically without notice if you fail to comply with any of the
|
|
provisions. Upon termination you shall destroy all copies of the Software
|
|
including any partial copies. This provision applies to European Consumers.
|
|
5. Disclaimer of Warranty. IF YOU ARE A EUROPEAN CONSUMER THEN THIS SECTION 5
|
|
DOES NOT APPLY TO YOU AND DOES NOT FORM PART OF YOUR LICENSE WITH US. PROCEED
|
|
TO SECTION 6. THE SOFTWARE IS LICENSED TO YOU "AS IS." YOU ACCEPT ALL RISKS
|
|
WHICH MAY ARISE FROM THE DOWNLOADING OF THE SOFTWARE, INCLUDING BUT NOT
|
|
LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING DATA OR SOFTWARE.
|
|
ADAPTEC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS
|
|
ANY WARRANTY OF NON INFRINGEMENT OF THIRD PARTIES' RIGHTS, WARRANTIES OF
|
|
SATISFACTORY QUALITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Some states do
|
|
not allow the exclusion of implied warranties or limitations of how long an
|
|
implied warranty may last, so the above exclusion may not apply to you. You
|
|
may also have other rights which vary from state to state.
|
|
6. Limitation of Liability. FOR EUROPEAN CONSUMERS: WE WILL NOT BE LIABLE TO
|
|
YOU WHERE YOU SUFFER LOSS WHICH WAS NOT FORESEEABLE TO YOU AND TO US WHEN YOU
|
|
DOWNLOADED THE SOFTWARE (EVEN IF IT RESULTS FROM OUR FAILURE TO COMPLY WITH
|
|
THIS LICENSE OR OUR NEGLIGENCE); WHERE YOU SUFFER ANY BUSINESS LOSS INCLUDING
|
|
LOSS OF REVENUE, PROFITS OR ANTICIPATED SAVINGS (WHETHER THOSE LOSSES ARE THE
|
|
DIRECT OR INDIRECT RESULT OF OUR DEFAULT); OR WHERE YOUR LOSS DOES NOT RESULT
|
|
FROM OUR FAILURE TO COMPLY WITH THIS LICENSE OR OUR NEGLIGENCE. THE SOFTWARE
|
|
HAS BEEN MADE AVAILABLE TO YOU FREE OF CHARGE. YOU MAY AT ANY TIME DOWNLOAD A
|
|
FURTHER COPY OF THE SOFTWARE FREE OF CHARGE TO REPLACE YOUR ORIGINAL COPY OF
|
|
THE SOFTWARE (CONSEQUENTLY, WE AND OUR SUPPLIERS WILL ONLY BE LIABLE TO YOU
|
|
UP TO A MAXIMUM TOTAL LIMIT OF TWO THOUSAND DOLLARS U.S. OR ITS EURO
|
|
EQUIVALENT AT THE TIME A CLAIM IS MADE). OUR MAXIMUM FINANCIAL RESPONSIBILITY
|
|
TO YOU AND THAT OF OUR SUPPLIERS WILL NOT EXCEED THIS LIMIT EVEN IF THE
|
|
ACTUAL LOSS YOU SUFFER IS MORE THAN THAT. HOWEVER, NOTHING IN THIS LICENSE
|
|
SHALL RESTRICT ANY PARTY'S LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY
|
|
ARISING FROM ITS NEGLIGENCE OR FOR FRAUD OR ANY FRAUDULENT MISREPRESENTATION.
|
|
|
|
ALL OTHERS DOWNLOADING THE SOFTWARE: THE SOFTWARE IS PROVIDED FREE OF CHARGE
|
|
TO YOU, THEREFORE UNDER NO CIRCUMSTANCES EXCEPT AS DESCRIBED HEREIN AND UNDER
|
|
NO LEGAL THEORY, TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL
|
|
ADAPTEC OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON
|
|
FOR ANY ECONOMIC LOSS (INCLUDING LOSS OF PROFIT) OR FOR ANY LOSS OF DATA,
|
|
LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS (IN EACH CASE
|
|
WHETHER DIRECT OR INDIRECT) OR FOR ANY OTHER DIRECT OR INDIRECT, SPECIAL,
|
|
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER EVEN IF ADAPTEC SHALL
|
|
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, NOTHING IN
|
|
THIS LICENSE SHALL RESTRICT ANY PARTY'S LIABILITY FOR FRAUD, DEATH OR
|
|
PERSONAL INJURY ARISING FROM ITS NEGLIGENCE OR FOR FRAUD OR ANY FRAUDULENT
|
|
MISREPRESENTATION.
|
|
7. Export. By downloading, you acknowledge that the laws and regulations of
|
|
the United States and relevant countries within the European Union, restrict
|
|
the export and re-export of the Software. Further, you agree that you will
|
|
not export or re-export the Software or media in any form without the
|
|
appropriate United States and foreign government approval. If you are a
|
|
European Consumer you must not export Software outside the country in which
|
|
you download it without our prior written permission. (See below for details
|
|
on Export Compliance Requirements.)
|
|
8. U.S. Government Restricted Rights. IF YOU ARE A EUROPEAN CONSUMER THEN
|
|
THIS CLAUSE WILL NOT APPLY TO YOU AND DOES NOT FORM PART OF YOUR LICENSE
|
|
AGREEMENT WITH US. PLEASE PROCEED TO SECTION 9. If the Software is acquired
|
|
under the terms of a United States GSA contract, use, reproduction or
|
|
disclosure is subject to the restrictions set forth in the applicable ADP
|
|
Schedule contract. If the Software is acquired under the terms of a DoD or
|
|
civilian agency contract, use, duplication or disclosure by the Government is
|
|
subject to the restrictions of this License in accordance with 48 C.F.R.
|
|
12.212 of the Federal Acquisition Regulations and its successors and 48
|
|
C.F.R. 227.7202-1 of the DoD FAR Supplement and its successors. (See below
|
|
for details on Export Compliance Requirements.)
|
|
9. General. California residents entered into and to be performed within
|
|
California, except as governed by Federal law. Should any provision of this
|
|
License be declared unenforceable in any jurisdiction, then such provision
|
|
shall be deemed to be severable from this License and shall not affect the
|
|
remainder hereof. All rights in the Software not specifically granted in this
|
|
License are reserved by Adaptec.
|
|
|
|
EXPORT COMPLIANCE REQUIREMENTS
|
|
|
|
Export of any information from the Adaptec web site (including Confidential
|
|
Information obtained through Adaptec Access) outside of the United States is
|
|
subject to all U.S. export control laws. You will abide by such laws and also
|
|
to the provision of the U.S. Export-Re-export Requirements and Enhanced
|
|
Proliferation Control Initiative set forth here. You and your organization will
|
|
not sell, license, or otherwise provide or ship Adaptec products or technical
|
|
data (or the direct product thereof) for export or re-export to the embargoed
|
|
or restricted* countries listed below:
|
|
|
|
Afghanistan (Taliban controlled area), Cuba, Iran, Iraq, North Korea*, Sudan,
|
|
and Syria*
|
|
|
|
You agree not to transfer, export or re-export Adaptec products, technology or
|
|
software to your customers or any intermediate entity in the chain of supply if
|
|
our products will be used in the design, development, production, stockpiling
|
|
or use of missiles, chemical or biological weapons or for nuclear end uses
|
|
without obtaining prior authorization from the U.S. Government.
|
|
|
|
You also agree that unless you receive prior authorization from the U.S.
|
|
Department of Commerce, you shall not transfer, export or re-export, directly
|
|
or indirectly, any Adaptec technology or software (or the direct product of
|
|
such technology or software or any part thereof, or any process or service
|
|
which is the direct product of such technology or software) to any Sanctioned
|
|
and/or Embargoed entity listed on:
|
|
|
|
* Bureau of Industry and Security's Lists to Check
|
|
|
|
If you have any questions concerning this License, contact:
|
|
Adaptec, Inc.
|
|
Legal Department
|
|
691 South Milpitas Boulevard
|
|
Milpitas, California 95035
|