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- Copyright © 2015, Cavium, Inc. All rights reserved.
-
- Software License Agreement
-
- ANY USE, REPRODUCTION, OR DISTRIBUTION OF THE ACCOMPANYING BINARY SOFTWARE
- CONSTITUTES LICENSEEE'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
-
- Licensed Software. Subject to the terms and conditions of this Agreement,
- Cavium, Inc. ("Cavium") grants to Licensee a worldwide, non-exclusive, and
- royalty-free license to use, reproduce, and distribute the binary software in
- its complete and unmodified form as provided by Cavium.
-
- Restrictions. Licensee must reproduce the Cavium copyright notice above with
- each binary software copy. Licensee must not reverse engineer, decompile,
- disassemble or modify in any way the binary software. Licensee must not use
- the binary software in violation of any applicable law or regulation. This
- Agreement shall automatically terminate upon Licensee's breach of any term or
- condition of this Agreement in which case, Licensee shall destroy all copies of
- the binary software.
-
- Warranty Disclaimer. THE LICENSED SOFTWARE IS OFFERED "AS IS," AND CAVIUM
- GRANTS AND LICENSEE RECEIVES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS,
- IMPLIED, STATUTORY, OR BY COURSE OF COMMUNICATION OR DEALING WITH LICENSEE, OR
- OTHERWISE. CAVIUM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
- NONINFRINGEMENT OF THIRD PARTY RIGHTS, CONCERNING THE LICENSED SOFTWARE,
- DERIVATIVE WORKS, OR ANY DOCUMENTATION PROVIDED WITH THE FOREGOING. WITHOUT
- LIMITING THE GENERALITY OF THE FOREGOING, CAVIUM DOES NOT WARRANT THAT THE
- LICENSED SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, AND
- CAVIUM GRANTS NO WARRANTY REGARDING ITS USE OR THE RESULTS THEREFROM, INCLUDING
- ITS CORRECTNESS, ACCURACY, OR RELIABILITY.
-
- Limitation of Liability. IN NO EVENT WILL LICENSEE, CAVIUM, OR ANY OF CAVIUM'S
- LICENSORS HAVE ANY LIABILITY HEREUNDER FOR ANY INDIRECT, SPECIAL, OR
- CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
- FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT
- OF THIS AGREEMENT, INCLUDING DAMAGES FOR LOSS OF PROFITS, OR THE COST OF
- PROCUREMENT OF SUBSTITUTE GOODS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES.
-
- Export and Import Laws. Licensee acknowledges and agrees that the Licensed
- Software (including technical data and related technology) may be controlled by
- the export control laws, rules, regulations, restrictions and national security
- controls of the United States and other applicable foreign agencies (the
- "Export Controls"), and agrees not export or re-export, or allow the export or
- re-export of export-controlled the Licensed Software (including technical data
- and related technology) or any copy, portion or direct product of the foregoing
- in violation of the Export Controls. Licensee hereby represents that
- (i) Licensee is not an entity or person to whom provision of the Licensed
- Software (including technical data and related technology) is restricted or
- prohibited by the Export Controls; and (ii) Licensee will not export, re-export
- or otherwise transfer the export-controlled Licensed Software (including
- technical data and related technology) in violation of U.S. sanction programs
- or export control regulations to (a) any country, or national or resident of
- any country, subject to a United States trade embargo, (b) any person or entity
- to whom shipment is restricted or prohibited by the Export Controls, or
- (c) anyone who is engaged in activities related to the design, development,
- production, or use of nuclear materials, nuclear facilities, nuclear weapons,
- missiles or chemical or biological weapons.
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