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177 lines
11 KiB
177 lines
11 KiB
This License is granted by Microsemi Corporation, referred to in this License
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as "PMC-Sierra" or "ADAPTEC Inc" or "ADAPTEC" or "we" or "us." Microsemi
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reserves the right to record all activities and to use any information
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obtained in accordance with the privacy policy which you can access below.
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Directions to Obtain Your File:
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CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE EXPORT
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COMPLIANCE REQUIREMENTS SET OUT BELOW. YOU MUST ANSWER THE REQUIRED QUESTION
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TRUTHFULLY TO LET US KNOW WHETHER YOU HAVE READ AND UNDERSTOOD THE TERMS AND
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CONDITIONS AND EXPORT COMPLIANCE REQUIREMENTS AND WHETHER YOU AGREE TO COMPLY.
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YOU MUST CLICK A FURTHER BUTTON TO CONFIRM YOUR ANSWER AND IF YOU ANSWER IN
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THE AFFIRMATIVE, A BINDING LICENSE AGREEMENT ("LICENSE") WILL BE CONCLUDED
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BETWEEN US. YOU MAY THEN PROCEED TO DOWNLOAD THE SOFTWARE.
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IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND EXPORT COMPLIANCE
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REQUIREMENTS THEN DO NOT DOWNLOAD THE SOFTWARE. IF YOU WISH TO CANCEL THIS
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LICENSE AT ANY TIME YOU MAY DO SO BY DESTROYING ALL COPIES AND PARTIAL COPIES
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OF THE SOFTWARE WHICH YOU HAVE DOWNLOADED.
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YOU ALSO AGREE THAT YOU HAVE ALL NECESSARY INFORMATION IN ORDER TO ENTER INTO
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THIS LICENSE WHETHER UNDER AN APPLICABLE EUROPEAN E-COMMERCE DIRECTIVE OR
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OTHERWISE. IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND REQUIREMENTS,
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DO NOT DOWNLOAD ANY FILES.
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Please retain a copy of the License for your files or you may contact
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ADAPTEC's Legal Department at the address listed below for a further copy.
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This license may be concluded in English or the language in which it is
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drafted by ADAPTEC and appears to you online, as applicable. If you are a
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consumer residing in Europe (a "European Consumer") then this License shall
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not affect your statutory rights under the local laws in Europe.
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This License grants you a non-exclusive license to use the ADAPTEC Software
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and related documentation ("Software") on the following terms, conditions, and
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export compliance requirements:
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If you are NOT an individual consumer residing in Europe then the following
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terms, conditions and export compliance requirements apply and are a part of
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your license: ALL SECTIONS EXCEPT AS SPECIFIED HEREIN.
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If you are an individual consumer residing in Europe ("European Consumer")
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then the following terms, conditions and export compliance requirements apply
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and are made part of your License: 1, 2, 3, 4, applicable parts of 6, 7, 9 and
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the first paragraph of export compliance. IF YOU ARE A EUROPEAN CONSUMER THIS
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LICENSE SHALL NOT AFFECT YOUR RIGHTS UNDER THE STATUTORY LAWS OF EUROPE.
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1. Your right to use the Software.You may use the Software in machine
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readable form (i.e. the form you download from us) within a single working
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location. You may copy the Software in the same form solely for back-up
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purposes or use within a single working location. You must reproduce
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ADAPTEC's copyright notice and proprietary legends. These requirements
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apply to European Consumers.
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2. Restrictions. This Software contains trade secrets and in order to protect
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them you may not: (1) distribute copies of the Software in any manner,
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including, but not limited to, distribution through web site posting; (2)
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decompile, reverse engineer, disassemble, or otherwise reduce the Software
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to a human perceivable form; (3) MODIFY, ADAPT OR TRANSLATE THE SOFTWARE
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INTO ANY OTHER FORM; (4) RENT, LEASE, LOAN, RESELL FOR PROFIT, OR CREATE
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DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART OF IT. These
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requirements apply to European Consumers.
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3. Ownership. The Software is copyrighted by, proprietary to and a trade
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secret of ADAPTEC. ADAPTEC retains the title, ownership and intellectual
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property rights in and to the Software and all subsequent copies
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regardless of the form or media. The Software is protected by the
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copyright laws of the United States, the European Union, and international
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copyright treaties. This License is not a sale of the Software. These
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terms apply to European consumers.
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4. Termination. This License is effective until terminated. This License will
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terminate automatically without notice if you fail to comply with any of
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the provisions. Upon termination you shall destroy all copies of the
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Software including any partial copies. This provision applies to European
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Consumers.
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5. Disclaimer of Warranty. IF YOU ARE A EUROPEAN CONSUMER THEN THIS SECTION 5
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DOES NOT APPLY TO YOU AND DOES NOT FORM PART OF YOUR LICENSE WITH US.
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PROCEED TO SECTION 6. THE SOFTWARE IS LICENSED TO YOU "AS IS." YOU ACCEPT
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ALL RISKS WHICH MAY ARISE FROM THE DOWNLOADING OF THE SOFTWARE, INCLUDING
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BUT NOT LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING DATA
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OR SOFTWARE. ADAPTEC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND
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SPECIFICALLY DISCLAIMS ANY WARRANTY OF NON INFRINGEMENT OF THIRD PARTIES'
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RIGHTS, WARRANTIES OF SATISFACTORY QUALITY AND OF FITNESS FOR A PARTICULAR
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PURPOSE. Some states do not allow the exclusion of implied warranties or
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limitations of how long an implied warranty may last, so the above
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exclusion may not apply to you. You may also have other rights which vary
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from state to state.
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6. Limitation of Liability. FOR EUROPEAN CONSUMERS: WE WILL NOT BE LIABLE TO
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YOU WHERE YOU SUFFER LOSS WHICH WAS NOT FORESEEABLE TO YOU AND TO US WHEN
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YOU DOWNLOADED THE SOFTWARE (EVEN IF IT RESULTS FROM OUR FAILURE TO COMPLY
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WITH THIS LICENSE OR OUR NEGLIGENCE); WHERE YOU SUFFER ANY BUSINESS LOSS
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INCLUDING LOSS OF REVENUE, PROFITS OR ANTICIPATED SAVINGS (WHETHER THOSE
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LOSSES ARE THE DIRECT OR INDIRECT RESULT OF OUR DEFAULT); OR WHERE YOUR
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LOSS DOES NOT RESULT FROM OUR FAILURE TO COMPLY WITH THIS LICENSE OR OUR
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NEGLIGENCE. THE SOFTWARE HAS BEEN MADE AVAILABLE TO YOU FREE OF CHARGE.
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YOU MAY AT ANY TIME DOWNLOAD A FURTHER COPY OF THE SOFTWARE FREE OF CHARGE
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TO REPLACE YOUR ORIGINAL COPY OF THE SOFTWARE (CONSEQUENTLY, WE AND OUR
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SUPPLIERS WILL ONLY BE LIABLE TO YOU UP TO A MAXIMUM TOTAL LIMIT OF TWO
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THOUSAND DOLLARS U.S. OR ITS EURO EQUIVALENT AT THE TIME A CLAIM IS MADE).
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OUR MAXIMUM FINANCIAL RESPONSIBILITY TO YOU AND THAT OF OUR SUPPLIERS WILL
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NOT EXCEED THIS LIMIT EVEN IF THE ACTUAL LOSS YOU SUFFER IS MORE THAN
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THAT. HOWEVER, NOTHING IN THIS LICENSE SHALL RESTRICT ANY PARTY'S
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LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE
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OR FOR FRAUD OR ANY FRAUDULENT MISREPRESENTATION.
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ALL OTHERS DOWNLOADING THE SOFTWARE: THE SOFTWARE IS PROVIDED FREE OF
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CHARGE TO YOU, THEREFORE UNDER NO CIRCUMSTANCES EXCEPT AS DESCRIBED HEREIN
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AND UNDER NO LEGAL THEORY, TORT (INCLUDING NEGLIGENCE), CONTRACT, OR
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OTHERWISE, SHALL ADAPTEC OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR
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ANY OTHER PERSON FOR ANY ECONOMIC LOSS (INCLUDING LOSS OF PROFIT) OR FOR
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ANY LOSS OF DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF ANTICIPATED
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SAVINGS (IN EACH CASE WHETHER DIRECT OR INDIRECT) OR FOR ANY OTHER DIRECT
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OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
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CHARACTER EVEN IF ADAPTEC SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGES. HOWEVER, NOTHING IN THIS LICENSE SHALL RESTRICT ANY PARTY'S
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LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE
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OR FOR FRAUD OR ANY FRAUDULENT MISREPRESENTATION.
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7. Export. By downloading, you acknowledge that the laws and regulations of
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the United States and relevant countries within the European Union,
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restrict the export and re-export of the Software. Further, you agree that
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you will not export or re-export the Software or media in any form without
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the appropriate United States and foreign government approval. If you are
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a European Consumer you must not export Software outside the country in
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which you download it without our prior written permission. (See below for
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details on Export Compliance Requirements.)
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8. U.S. Government Restricted Rights. IF YOU ARE A EUROPEAN CONSUMER THEN
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THIS CLAUSE WILL NOT APPLY TO YOU AND DOES NOT FORM PART OF YOUR LICENSE
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AGREEMENT WITH US. PLEASE PROCEED TO SECTION 9. If the Software is
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acquired under the terms of a United States GSA contract, use,
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reproduction or disclosure is subject to the restrictions set forth in the
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applicable ADP Schedule contract. If the Software is acquired under the
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terms of a DoD or civilian agency contract, use, duplication or disclosure
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by the Government is subject to the restrictions of this License in
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accordance with 48 C.F.R. 12.212 of the Federal Acquisition Regulations
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and its successors and 48 C.F.R. 227.7202-1 of the DoD FAR Supplement and
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its successors. (See below for details on Export Compliance Requirements.)
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9. General. California residents entered into and to be performed within
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California, except as governed by Federal law. Should any provision of
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this License be declared unenforceable in any jurisdiction, then such
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provision shall be deemed to be severable from this License and shall not
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affect the remainder hereof. All rights in the Software not specifically
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granted in this License are reserved by Adaptec.
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EXPORT COMPLIANCE REQUIREMENTS
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Export of any information from the Adaptec web site (including Confidential
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Information obtained through Adaptec Access) outside of the United States is
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subject to all U.S. export control laws. You will abide by such laws and also
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to the provision of the U.S. Export-Re-export Requirements and Enhanced
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Proliferation Control Initiative set forth here. You and your organization
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will not sell, license, or otherwise provide or ship Adaptec products or
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technical data (or the direct product thereof) for export or re-export to the
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embargoed or restricted* countries listed below:
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Afghanistan (Taliban controlled area), Cuba, Iran, Iraq, North Korea*,
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Sudan, and Syria*
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You agree not to transfer, export or re-export Adaptec products, technology or
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software to your customers or any intermediate entity in the chain of supply
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if our products will be used in the design, development, production,
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stockpiling or use of missiles, chemical or biological weapons or for nuclear
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end uses without obtaining prior authorization from the U.S. Government.
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You also agree that unless you receive prior authorization from the U.S.
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Department of Commerce, you shall not transfer, export or re-export, directly
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or indirectly, any Adaptec technology or software (or the direct product of
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such technology or software or any part thereof, or any process or service
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which is the direct product of such technology or software) to any Sanctioned
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and/or Embargoed entity listed on:
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Bureau of Industry and Security's Lists to Check
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If you have any questions concerning this License, contact:
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Microsemi Corporation
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Legal Department
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1380 Bordeaux Drive
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Sunnyvale, CA 94089
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Phone: (408) 239-8000
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