130 lines
6.8 KiB
Text
130 lines
6.8 KiB
Text
End-user Software Download License Agreement
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Please read this document carefully before proceeding. This Software License
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Agreement (the Agreement) licenses the software to you and contains warranty
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and liability disclaimers. By opening the package or installing or using the
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software, you are confirming your acceptance of the software and agreeing to
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become bound by the terms of this Agreement.
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1. Definitions.
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(a) Open Source Software is defined in Section 5 below.
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(b) 3ware Software means the software program covered by this Agreement, and
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all related updates supplied by 3ware.
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(c) 3ware Product means the 3ware Software and any related documentation,
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models and multimedia content (such as animation, sound and graphics), and
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all related updates supplied by 3ware.
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2. License. This Agreement allows you to:
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(a) Use the 3ware Product on a single computer.
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(b) Make one copy of the 3ware Product in machine-readable form solely for
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backup purposes. You must reproduce on any such copy all copyright notices
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and any other proprietary legends found on the original.
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(c) Certain rights are not granted under this Agreement, but may be
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available under a separate agreement. If you would like to enter into a
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Site or Network License, please contact 3ware.
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3. Restrictions.
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You may not make or distribute copies of the 3ware Product, or electronically
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transfer the software from one computer to another over a network. You may not
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use the software from multiple locations of a multi-user or networked system at
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any one time. The software contains trade secrets and in order to protect them,
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you may not de-compile, reverse engineer, disassemble, or otherwise reduce the
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3ware Software to a human-perceivable form. You may not modify, sell, rent,
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transfer, sublicense, resell for profit, network, distribute or create
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derivative works based upon the 3ware Product or any part thereof. You will not
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export or re-export, directly or indirectly, the 3ware Product into any country
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prohibited by the United States Export Administration Act and the regulations
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thereunder.
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4. Ownership.
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The foregoing license gives you limited rights to use the 3ware Product. You do
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not become the owner of, and 3ware and, if applicable, any licensors, retain
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title to, the 3ware Product, and all copies, regardless of form or media,
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thereof. All rights not specifically granted in this Agreement, including
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Federal and International Copyrights, are reserved by 3ware.
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5. Open Source Software.
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Notwithstanding anything to the contrary, the licenses set forth in this
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Agreement do not extend to software or materials which may be made available by
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3ware, or otherwise obtained or used by you, subject to a General Public
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License (GPL), Library General Public License (LGPL) (copies of which are
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available on the world wide web at http://www.gnu.org/copyleft/gpl.html) or
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other open source terms (collectively, Open Source Software). You agree that
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all Open Source Software (if any) shall be and shall remain subject to the
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terms and conditions under which it is provided. It is understood that such
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terms and conditions may require the source code (including derivative works
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and collective works) to be made available to the public for use in accordance
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with the applicable open source terms and conditions. You agree not to use or
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combine the Open Source Software with the 3ware Software or Product or other
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items in any manner that would subject the 3ware Software or Product or 3wares
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confidential information to open source terms and conditions.
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6. Term.
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This license is effective until terminated. You may terminate it at any time by
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destroying the Software and documentation together with all copies and merged
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portions in any form. It will also terminate immediately if you fail to comply
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with any term or condition of this License Agreement. Upon such termination you
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agree to destroy the Software and documentation, together with all copies and
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merged portions in any form.
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7. Disclaimer of warranties and of technical support.
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THE 3WARE PRODUCT IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS IS" BASIS,
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WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND FROM 3WARE INCLUDING,
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WITHOUT LIMITATION, A WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
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PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
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WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
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OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. THESE LIMITATIONS OR
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EXCLUSIONS OF WARRANTIES AND LIABILITY DO NOT AFFECT OR PREJUDICE THE STATUTORY
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RIGHTS OF A CONSUMER; I.E., A PERSON ACQUIRING GOODS OTHERWISE THAN IN THE
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COURSE OF A BUSINESS.
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8. Limitation of damages.
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NEITHER 3WARE NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL,
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INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF
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BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
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TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF 3WARE OR
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ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
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STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
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CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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THE LIMITED WARRANTY, EXCLUSIVE REMEDIES AND LIMITED LIABILITY SET FORTH ABOVE
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ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 3WARE AND YOU. YOU
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AGREE THAT 3WARE WOULD NOT BE ABLE TO PROVIDE THE 3WARE SOFTWARE ON AN ECONOMIC
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BASIS WITHOUT SUCH LIMITATIONS.
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9. Export.
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You acknowledge that the laws and regulations of the United States restrict the
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export and re-export of Software. You agree that you will not export or
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re-export the Software or media in any form without the appropriate United
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States and foreign government approval.
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10.Government end users (USA only).
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RESTRICTED RIGHTS LEGEND The 3ware Software is "Restricted Computer Software."
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Use, duplication, or disclosure by the U.S. Government is subject to
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restrictions as set forth in this Agreement and as provided in DFARS
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227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR
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12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable." Manufacturer:
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3ware, Inc., 455 West Maude Avenue, Sunnyvale, California 94085.
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11. General.
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This Agreement shall be governed by the internal laws of the State of
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California. This Agreement contains the complete agreement between the parties
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with respect to the subject matter hereof, and supersedes all prior or
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contemporaneous agreements or understandings, whether oral or written. This
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Agreement may be amended only in writing, signed by both parties. Any attempted
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oral modification shall be void and without any effect. All questions
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concerning this Agreement shall be directed to: 3ware, Inc., 455 West Maude
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Avenue, Sunnyvale, California 94085. Attention: General Counsel. DiskSwitch
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End-User Software Download License Agreement 6/14/02
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