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1 | Copyright (c) 2017, NETRONOME Systems, Inc. All rights reserved. |
2 | ||
b39260f0 | 3 | Agilio(r) Firmware License Agreement (the "AGREEMENT") |
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4 | |
5 | BY INSTALLING OR USING IN ANY MANNER THE SOFTWARE THAT ACCOMPANIES THIS | |
6 | AGREEMENT (THE "SOFTWARE") YOU (THE "LICENSEE") ACKNOWLEDGE TO BE BOUND | |
7 | BY ALL OF THE TERMS OF THIS AGREEMENT. | |
8 | ||
9 | LICENSE GRANT. Subject to the terms and conditions set forth herein, | |
10 | Netronome Systems, Inc. ("NETRONOME") hereby grants LICENSEE a non- | |
11 | exclusive license to use, reproduce and distribute the SOFTWARE | |
12 | exclusively in object form. | |
13 | ||
14 | Restrictions. LICENSEE agrees that, (a) unless explicitly provided by | |
15 | NETRONOME, the source code of the SOFTWARE is not being provided to | |
16 | LICENSEE and is confidential and proprietary to NETRONOME and that | |
17 | LICENSEE has no right to access or use such source code. Accordingly, | |
18 | LICENSEE agrees that it shall not cause or permit the disassembly, | |
19 | decompilation or reverse engineering of the SOFTWARE or otherwise attempt | |
20 | to gain access to the source code for the SOFTWARE; and (b) LICENSEE | |
21 | agrees that it shall not subject the SOFTWARE in whole or in part, to the | |
22 | terms of any software license that requires, as a condition of use, | |
23 | modification and/or distribution that the source code of the SOFTWARE, or | |
24 | the SOFTWARE be i) disclosed or distributed in source code form; ii) | |
25 | licensed for the purpose of making derivative works of the source code of | |
26 | the SOFTWARE; or iii) redistribution of the source code of the SOFTWARE | |
27 | at no charge. | |
28 | ||
29 | DISCLAIMER OF ALL WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND WITH | |
30 | ALL FAULTS AND NETRONOME AND ITS LICENSORS HEREBY DISCLAIM ALL EXPRESS OR | |
31 | IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY | |
32 | WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A | |
33 | PARTICULAR PURPOSE. | |
34 | ||
35 | LIMITATIONS OF LIABILITY. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT | |
36 | SHALL NETRONOME OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, | |
37 | OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY LOSS OF PROFITS, DATA, USE | |
38 | OF THE SOFTWARE, DOCUMENTATION OR EQUIPMENT, OR FOR ANY SPECIAL, | |
39 | INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER | |
40 | DAMAGES, ARISING FROM OR IN CONNECTION WITH THE SOFTWARE EVEN IF | |
41 | NETRONOME OR ITS LICENSORS HAVE BEEN MADE AWARE OF THE POSSIBILITY OF | |
42 | SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY | |
43 | LIMITED REMEDY. | |
44 | ||
45 | EXPORT COMPLIANCE. LICENSEE shall not use or export or transmit the | |
46 | SOFTWARE, directly or indirectly, to any restricted countries or in any | |
47 | other manner that would violate any applicable US and other export | |
48 | control and other regulations and laws as shall from time to time govern | |
49 | the delivery, license and use of technology, including without limitation | |
50 | the Export Administration Act of 1979, as amended, and any regulations | |
51 | issued thereunder. | |
52 | ||
53 | PROHIBITION OF SOFTWARE USE IN HIGH RISK ACTIVITIES AND LIFE | |
54 | SUPPORT APPLICATIONS. The SOFTWARE is not designed, manufactured or | |
55 | intended for use as on-line control equipment in hazardous environments | |
56 | requiring fail-safe performance, such as in the operation of nuclear | |
57 | facilities, aircraft navigation or communications systems, air traffic | |
58 | control, life support systems, human implantation or any other | |
59 | application where product failure could lead to loss of life or | |
60 | catastrophic property damage or weapons systems, in which the failure of | |
61 | the SOFTWARE could lead directly to death, personal injury, or severe | |
62 | physical or environmental damage ("High Risk Activities"). Accordingly | |
63 | NETRONOME and, where applicable, NETRONOME'S third party licensors | |
64 | specifically disclaim any express or implied warranty of fitness for High | |
65 | Risk Activities. |