1 End User License Agreement (EULA)
3 IMPORTANT - READ CAREFULLY BEFORE INSTALLING:
5 THIS END-USER LICENSE AGREEMENT is a legal contract between SUPER MICRO
6 COMPUTER, INC. ("SUPERMICRO") and the individual or entity which
7 downloads, installs or otherwise uses the attached SUPERMICRO software
8 product ("the Software ").
10 BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT, WHICH
11 WILL INSTALL THE ATTACHED SOFTWARE, OR BY OTHERWISE INSTALLING OR USING
12 THE SOFTWARE, THE INDIVIDUAL OR ENTITY WHICH INSTALLS OR USES THE SOFTWARE
13 ("LICENSEE") AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO
14 NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON
15 AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
17 1. License: This Agreement grants you, the Licensee, a limited,
18 non-exclusive, global, non-transferable license to download the Software,
19 install on SUPERMICRO's products, and distribute the Software in
20 combination with SUPERMICRO's products ("License").
22 2. General Public License/Lesser General Public License. Certain
23 components of the Software may be subject to the GNU GPL or LGPL terms and
24 conditions available for viewing at http://www.gnu.org/copyleft/gpl.html
25 and http://www.gnu.org/copyleft/lesser.html or as otherwise designated. To
26 the extent you receive Software under this License which contains
27 components subject to the GPL or LGPL terms, you agree to be bound by all
28 the terms and restrictions therein including keeping all copyright notices
29 in tact for the duration of your use of the Software and modifying and/or
30 redistributing such components only in accordance with the terms of the
31 GNU GPL or LGPL terms.
33 3. Restrictions: The Licensee may NOT sublicense, assign, reproduce or
34 distribute copies of the Software to others except as otherwise provided
35 herein. The Software contains trade secrets. The Licensee may NOT
36 decompile, reverse engineer, disassemble, or otherwise reduce the Software
37 to a human readable form. THE LICENSEE MAY NOT MODIFY, ADAPT, TRANSLATE,
38 RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR
39 TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE
40 OR ANY PART THEREOF, EXCEPT AS EXPRESSLY AGREED TO IN WRITING BY
43 4. Copyright Protection: Except to the extent the Software was licensed to
44 SUPERMICRO by its licensor, the Software and all related documentation are
45 owned by SUPERMICRO and are protected by United States' copyright laws and
46 international treaty provisions. Any copying or redistribution, except as
47 expressly permitted by this Agreement is a violation of the law. You may
48 not remove or alter any copyright, trade secret, patent, trademark, trade
49 name, logo, product designation or other proprietary and/or other legal
50 notices contained in or on the Software. These legal notices must be
51 retained on any copies of the Software. Except as otherwise expressly
52 provided, this License grants no express or implied rights under the
53 respective patents, copyrights, trademarks or other intellectual property
54 rights of SUPERMICRO or its licensors.
56 5. Termination: This License is effective until terminated. This License
57 will terminate immediately without notice from SUPERMICRO if the Licensee
58 fails to comply with any of its provisions. Upon termination the Licensee
59 must destroy the Software and all copies thereof, and the Licensee may
60 terminate this License at any time by doing so.
62 6. No Warranty: THE SOFTWARE IS DELIVERED TO LICENSEE "AS-IS". SUPERMICRO
63 AND ITS SUPPLIERS AND RESELLERS MAKE NO WARRANTY AS TO THE USE OR
64 PERFORMANCE OF THE SOFTWARE OF ANY KIND. SUPERMICRO AND ITS SUPPLIERS AND
65 RESELLERS DO NOT WARRANT THAT THE SOFTWARE IS FREE OF DEFECTS,
66 MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD
67 PARTY RIGHTS, AND DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED,
68 WITH RESPECT TO THE SOFTWARE, ITS USE, PERFORMANCE OR APPLICATION, THE
69 DISKETTE OR OTHER TANGIBLE MEDIA ON WHICH THE SOFTWARE IS DELIVERED, OR
70 ANY INFORMATION PROVIDED REGARDING THE SOFTWARE.
72 7. Limitation of Liability: IN NO EVENT WILL SUPERMICRO OR ITS LICENSORS
73 BE LIABLE TO LICENSEE FOR ANY DAMAGES INCLUDING ANY LOST PROFITS, LOST
74 SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUPERMICRO
75 OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
76 FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL THE LIABILITY OF
77 SUPERMICRO OR ITS LICENSORS, WHETHER IN CONTRACT, TORT (INCLUDING
78 NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU
81 8. General: California law, except as to copyright matters, which are
82 covered by Federal law, and its principals of conflict of laws, shall
83 govern this Agreement. This Agreement will not be governed by the conflict
84 of law rules of any jurisdiction or the United Nations Convention of
85 Contracts for the Sale of Goods. The parties hereby consent to the
86 exclusive personal jurisdiction of and venue in a court of competent
87 jurisdiction located in Santa Clara County is the State of California. Any
88 cause of action or claim with respect to the Software provided under this
89 Agreement must be commenced within one (1) year after the claim or cause
90 of action arises or such claim or cause of action is barred. Should any
91 provision of this Agreement be declared unenforceable by a court of
92 competent jurisdiction, then such provision shall be deemed severable from
93 this Agreement and changed and interpreted so as to best accomplish the
94 objectives of the original provision to the fullest extent allowed by law.
95 Such an event shall not affect the remainder hereof and the remaining
96 provisions shall remain in full force and effect. SUPERMICRO reserves all
97 rights in the Software not specifically granted in this Agreement. The
98 Licensee agrees to indemnify, defend and hold SUPERMICRO harmless from any
99 and all expenses, judgments, penalties, or other liabilities by reason of
100 its failure to comply with any provisions under this Agreement.
102 9. Export Regulations. All Software and technical data delivered under
103 this License are subject to U.S. export control laws and may be subject to
104 export or import regulations in other countries. You may not use or
105 otherwise export or re-export the Software except as authorized by U.S.
106 law and the laws of the jurisdiction in which the Software was obtained.
107 You agree to comply strictly with all such laws and regulations and
108 acknowledge that the Software may not be exported or re-exported (i) into
109 (or to a national or resident of) any U.S. embargoed country or (ii) to
110 anyone on the U.S. Treasury Department's list of Specially Designated
111 Nationals or the U.S. Commerce Department's Table of Denial Orders (each,
112 a "List"). By using the Software, you represent and warranty that you are
113 not located in, under the control of, or a national or resident of any
114 such country or on any such List.
116 10. Acknowledgment and Exclusivity. LICENSEE ACKNOWLEDGES THAT IT HAS READ
117 THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND
118 CONDITIONS. LICENSEE FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE
119 STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERCEDES ANY PROPOSAL OR
120 PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE
121 PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. No provision
122 appearing on any form originated by Licensee shall be applicable or have
123 any force or effect unless such provision is expressly accepted in writing
124 by an officer of SUPERMICRO. This Agreement cannot be modified by purchase
125 orders or other forms, advertisements, or oral or written representations
126 of representatives of Licensee or SUPERMICRO, or anyone else, unless a
127 written amendment has been signed by a SUPERMICRO officer.