LICENCE.cavium_liquidio

   1 This file contains licences pertaining to the following firmwares for
   2 LiquidIO (c) adapters
   3
   4 1. lio_nic_23xx.bin, lio_210nv_nic.bin, lio_410nv_nic.bin
   5
   6 ###########################################################################
   7
   8 1. lio_nic_23xx.bin, lio_210nv_nic.bin, lio_410nv_nic.bin
   9
  10 Copyright (c) 2018, Cavium, Inc. All rights reserved.
  11
  12 Software License Agreement
  13
  14 ANY USE, REPRODUCTION, OR DISTRIBUTION OF THE ACCOMPANYING BINARY SOFTWARE
  15 CONSTITUTES LICENSEEE'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
  16
  17 Licensed Software. Subject to the terms and conditions of this Agreement,
  18 Cavium, Inc. ("Cavium") grants to Licensee a worldwide, non-exclusive, and
  19 royalty-free license to use, reproduce, and distribute the binary software in
  20 its complete and unmodified form as provided by Cavium.
  21
  22 Restrictions. Licensee must reproduce the Cavium copyright notice above with
  23 each binary software copy. Licensee must not reverse engineer, decompile,
  24 disassemble or modify in any way the binary software. Licensee must not use
  25 the binary software in violation of any applicable law or regulation. This
  26 Agreement shall automatically terminate upon Licensee's breach of any term or
  27 condition of this Agreement in which case, Licensee shall destroy all copies of
  28 the binary software.
  29
  30 Warranty Disclaimer.  THE LICENSED SOFTWARE IS OFFERED "AS IS," AND CAVIUM
  31 GRANTS AND LICENSEE RECEIVES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS,
  32 IMPLIED, STATUTORY, OR BY COURSE OF COMMUNICATION OR DEALING WITH LICENSEE, OR
  33 OTHERWISE.  CAVIUM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED
  34 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
  35 NONINFRINGEMENT OF THIRD PARTY RIGHTS, CONCERNING THE LICENSED SOFTWARE,
  36 DERIVATIVE WORKS, OR ANY DOCUMENTATION PROVIDED WITH THE FOREGOING.  WITHOUT
  37 LIMITING THE GENERALITY OF THE FOREGOING, CAVIUM DOES NOT WARRANT THAT THE
  38 LICENSED SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, AND
  39 CAVIUM GRANTS NO WARRANTY REGARDING ITS USE OR THE RESULTS THEREFROM, INCLUDING
  40 ITS CORRECTNESS, ACCURACY, OR RELIABILITY.
  41
  42 Limitation of Liability. IN NO EVENT WILL LICENSEE, CAVIUM, OR ANY OF CAVIUM'S
  43 LICENSORS HAVE ANY LIABILITY HEREUNDER FOR ANY INDIRECT, SPECIAL, OR
  44 CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
  45 FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT
  46 OF THIS AGREEMENT, INCLUDING DAMAGES FOR LOSS OF PROFITS, OR THE COST OF
  47 PROCUREMENT OF SUBSTITUTE GOODS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
  48 POSSIBILITY OF SUCH DAMAGES.
  49
  50 Export and Import Laws.  Licensee acknowledges and agrees that the Licensed
  51 Software (including technical data and related technology) may be controlled by
  52 the export control laws, rules, regulations, restrictions and national security
  53 controls of the United States and other applicable foreign agencies (the
  54 "Export Controls"), and agrees not export or re-export, or allow the export or
  55 re-export of export-controlled the Licensed Software (including technical data
  56 and related technology) or any copy, portion or direct product of the foregoing
  57 in violation of the Export Controls. Licensee hereby represents that
  58 (i) Licensee is not an entity or person to whom provision of the Licensed
  59 Software (including technical data and related technology) is restricted or
  60 prohibited by the Export Controls; and (ii) Licensee will not export, re-export
  61 or otherwise transfer the export-controlled Licensed Software (including
  62 technical data and related technology) in violation of U.S. sanction programs
  63 or export control regulations to (a) any country, or  national or resident of
  64 any country, subject to a United States trade embargo, (b) any person or entity
  65 to whom shipment is restricted or prohibited by the Export Controls, or
  66 (c) anyone who is engaged in activities related to the design, development,
  67 production, or use of nuclear materials, nuclear facilities, nuclear weapons,
  68 missiles or chemical or biological weapons.