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