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author | Robin H. Johnson <robbat2@gentoo.org> | 2005-02-13 03:44:11 +0000 |
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committer | Robin H. Johnson <robbat2@gentoo.org> | 2005-02-13 03:44:11 +0000 |
commit | 5e54d35e8c3088c8c2c89e554fe3d857d6fe150c (patch) | |
tree | 3a8eb85dd24b7c9563d9944c61fb3dc4d6c57073 /licenses | |
parent | Put in a fix to allow aurecord to build when X isn't installed. (diff) | |
download | historical-5e54d35e8c3088c8c2c89e554fe3d857d6fe150c.tar.gz historical-5e54d35e8c3088c8c2c89e554fe3d857d6fe150c.tar.bz2 historical-5e54d35e8c3088c8c2c89e554fe3d857d6fe150c.zip |
3ware license for binary tools.
Diffstat (limited to 'licenses')
-rw-r--r-- | licenses/3ware | 130 |
1 files changed, 130 insertions, 0 deletions
diff --git a/licenses/3ware b/licenses/3ware new file mode 100644 index 000000000000..feaac46da8cb --- /dev/null +++ b/licenses/3ware @@ -0,0 +1,130 @@ +End-user Software Download License Agreement + +Please read this document carefully before proceeding. This Software License +Agreement (the Agreement) licenses the software to you and contains warranty +and liability disclaimers. By opening the package or installing or using the +software, you are confirming your acceptance of the software and agreeing to +become bound by the terms of this Agreement. + +1. Definitions. + +(a) Open Source Software is defined in Section 5 below. +(b) 3ware Software means the software program covered by this Agreement, and + all related updates supplied by 3ware. +(c) 3ware Product means the 3ware Software and any related documentation, + models and multimedia content (such as animation, sound and graphics), and + all related updates supplied by 3ware. + +2. License. This Agreement allows you to: + +(a) Use the 3ware Product on a single computer. + +(b) Make one copy of the 3ware Product in machine-readable form solely for + backup purposes. You must reproduce on any such copy all copyright notices + and any other proprietary legends found on the original. + +(c) Certain rights are not granted under this Agreement, but may be + available under a separate agreement. If you would like to enter into a + Site or Network License, please contact 3ware. + +3. Restrictions. + +You may not make or distribute copies of the 3ware Product, or electronically +transfer the software from one computer to another over a network. You may not +use the software from multiple locations of a multi-user or networked system at +any one time. The software contains trade secrets and in order to protect them, +you may not de-compile, reverse engineer, disassemble, or otherwise reduce the +3ware Software to a human-perceivable form. You may not modify, sell, rent, +transfer, sublicense, resell for profit, network, distribute or create +derivative works based upon the 3ware Product or any part thereof. You will not +export or re-export, directly or indirectly, the 3ware Product into any country +prohibited by the United States Export Administration Act and the regulations +thereunder. + +4. Ownership. + +The foregoing license gives you limited rights to use the 3ware Product. You do +not become the owner of, and 3ware and, if applicable, any licensors, retain +title to, the 3ware Product, and all copies, regardless of form or media, +thereof. All rights not specifically granted in this Agreement, including +Federal and International Copyrights, are reserved by 3ware. + +5. Open Source Software. + +Notwithstanding anything to the contrary, the licenses set forth in this +Agreement do not extend to software or materials which may be made available by +3ware, or otherwise obtained or used by you, subject to a General Public +License (GPL), Library General Public License (LGPL) (copies of which are +available on the world wide web at http://www.gnu.org/copyleft/gpl.html) or +other open source terms (collectively, Open Source Software). You agree that +all Open Source Software (if any) shall be and shall remain subject to the +terms and conditions under which it is provided. It is understood that such +terms and conditions may require the source code (including derivative works +and collective works) to be made available to the public for use in accordance +with the applicable open source terms and conditions. You agree not to use or +combine the Open Source Software with the 3ware Software or Product or other +items in any manner that would subject the 3ware Software or Product or 3wares +confidential information to open source terms and conditions. + +6. Term. + +This license is effective until terminated. You may terminate it at any time by +destroying the Software and documentation together with all copies and merged +portions in any form. It will also terminate immediately if you fail to comply +with any term or condition of this License Agreement. Upon such termination you +agree to destroy the Software and documentation, together with all copies and +merged portions in any form. + +7. Disclaimer of warranties and of technical support. + +THE 3WARE PRODUCT IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS IS" BASIS, +WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND FROM 3WARE INCLUDING, +WITHOUT LIMITATION, A WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR +PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED +WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE +OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. THESE LIMITATIONS OR +EXCLUSIONS OF WARRANTIES AND LIABILITY DO NOT AFFECT OR PREJUDICE THE STATUTORY +RIGHTS OF A CONSUMER; I.E., A PERSON ACQUIRING GOODS OTHERWISE THAN IN THE +COURSE OF A BUSINESS. + +8. Limitation of damages. + +NEITHER 3WARE NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, +INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF +BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, +TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF 3WARE OR +ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME +STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR +CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. +THE LIMITED WARRANTY, EXCLUSIVE REMEDIES AND LIMITED LIABILITY SET FORTH ABOVE +ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 3WARE AND YOU. YOU +AGREE THAT 3WARE WOULD NOT BE ABLE TO PROVIDE THE 3WARE SOFTWARE ON AN ECONOMIC +BASIS WITHOUT SUCH LIMITATIONS. + +9. Export. + +You acknowledge that the laws and regulations of the United States restrict the +export and re-export of Software. 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. + +10.Government end users (USA only). + +RESTRICTED RIGHTS LEGEND The 3ware Software is "Restricted Computer Software." +Use, duplication, or disclosure by the U.S. Government is subject to +restrictions as set forth in this Agreement and as provided in DFARS +227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR +12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable." Manufacturer: +3ware, Inc., 455 West Maude Avenue, Sunnyvale, California 94085. + +11. General. + +This Agreement shall be governed by the internal laws of the State of +California. This Agreement contains the complete agreement between the parties +with respect to the subject matter hereof, and supersedes all prior or +contemporaneous agreements or understandings, whether oral or written. This +Agreement may be amended only in writing, signed by both parties. Any attempted +oral modification shall be void and without any effect. All questions +concerning this Agreement shall be directed to: 3ware, Inc., 455 West Maude +Avenue, Sunnyvale, California 94085. Attention: General Counsel. DiskSwitch +End-User Software Download License Agreement 6/14/02 |