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2013-08-14 23:08:59 +02:00
Format: http://www.debian.org/doc/packaging-manuals/copyright-format/1.0/
Upstream-Name: megacli
Source: http://www.lsi.com/support/Pages/Download-Results.aspx?keyword=megacli
Files: *
Copyright: Copyright (C) 2012 LSI Corporation
License: Proprietary
IMPORTANT - READ CAREFULLY: This Software License Agreement ("SLA") is a
legal agreement between you (either an individual or a single entity) and
LSI Corporation ("LSI") for the LSI Licensed Software identified herein and
licensed herein, which includes computer software and may include
associated media, printed materials, and "online" or electronic
documentation ("LICENSED SOFTWARE"). By installing, copying, or otherwise
using the LICENSED SOFTWARE, you agree to be bound by the terms of this
SLA. If you do not agree to the terms of this SLA, you may not install,
copy or use the LICENSED SOFTWARE. The LICENSED SOFTWARE is licensed, not
sold.
.
NOW THEREFORE, in consideration of the foregoing and the mutual promises
and covenants contained in this SLA (also referred to as "Agreement"), the
parties hereby agree as follows:
.
1. Definitions
.
1.1. "Authorized Use for LSI Source Code" means use of the LSI Source Code
solely for the purpose of internally developing, modifying, integrating and
testing Licensee's Products to interface with LSI Devices authorized for
such integration, and for no other use or purpose.
1.2. "Authorized Use for LSI Binary Code" means use of the LSI Binary Code
solely for the purpose of internal evaluation or developing, integrating,
testing and use of Licensee's Products to interface with LSI Devices and
for no other application, use or purpose.
1.3. "Authorized Use for LSI Internal Code" means use of the LSI Internal
Use Code solely for the purpose of internally developing, modifying,
integrating and testing Licensee's Products to interface with LSI Devices
authorized for such integration, and for no other use or purpose.
1.4. "Explanatory Materials" means explanatory and informational materials
or documentation concerning the LSI Licensed Code, in printed or electronic
format, including without limitation, manuals, descriptions, user and/or
installation instructions, diagrams, printouts, listings, flowcharts, and
training materials, contained on visual media such as paper or photographic
film, or on other physical storage media in machine-readable form.
Explanatory Materials do not include any code.
1.5. "LSI Licensed Code" means collectively all the software programs which
are owned or distributed by LSI and licensed to Licensee via the LSI
Download Center through acceptance of this Agreement. The LSI Licensed Code
is specifically referenced individually in this Agreement as LSI Source
Code, LSI Binary Code, or LSI Internal Use Code.
1.6. "Licensee's Products" means the hardware and software (and related
Licensee documentation) that will be developed or modified by or for
Licensee utilizing the LSI Licensed Code for the purpose of interfacing or
being used with LSI Devices.
1.7. "Updates" means maintenance releases, bug fixes, errata or other
corrections, and minor improvements or modifications to the LSI Licensed
Code which may be provided by LSI to Licensee from time to time at LSI's
sole discretion. LSI is under no obligation to provide Updates or provide
support and maintenance services to Licensee Subsequent Users.
1.8. "New Version" means significant changes, modifications, enhancements,
and/or functional improvements to the LSI Licensed Code. New Versions are
made and generally distributed solely at the discretion of LSI. Licensee
must use the latest New Version of LSI Licensed Code that is available. LSI
is under no obligation to port any development work from one version to the
latest New Version of LSI Licensed Code.
1.9. "LSI Devices" means those LSI products intended for use with the LSI
Licensed Code and purchased from LSI or its agents.
1.10. "Derivative Works" means: (a) for copyrightable or copyrighted
material, any translation (including translation into other computer
languages), port, modification, correction, addition, extension, upgrade,
improvement, compilation, abridgment or other form in which an existing
work may be recast, transformed or adapted; (b) for patentable or patented
material, any improvement thereon; and (c) for material which is protected
by trade secret, any new material derived from such existing trade secret
material, including new material which may be protected by copyright,
patent and/or trade secret.
1.11. "Intellectual Property Rights" means (by whatever name or term known
or designated) copyrights, trade secrets, patents, moral rights and any
other intellectual and industrial property and proprietary rights
(excluding trademarks) including registrations, applications, renewals and
extensions of such rights anywhere in the world.
1.12. "LSI Binary Code" means the software programs provided for
distribution at the LSI Download Center, in binary form, any other machine
readable materials, including, but not limited to, libraries, source files,
header files, and data files, any Updates and New Versions provided by LSI.
1.13. "LSI Source Code" means the software programs provided for
distribution at the LSI Download Center, in source form including, but not
limited to, libraries, source files, header files, and data files, and
Updates and New Versions provided by LSI.
1.14. "LSI Internal Use Code" means the software programs provided for
distribution at the LSI Download Center, in source code or object code
format including, but not limited to, libraries, source files, header
files, and data files, and Updates and New Versions provided by LSI that
are only for Licensee's internal use.
1.15. "JRE Code" mean Oracle Corporation's JAVA SE Runtime Environment Code.
1.16. "Subsequent User" means any user subsequent to Licensee, including
but not limited to, all Licensee customers, resellers, end users, and OEMs.
1.17 “Taxes" shall mean all taxes, levies, imposts, duties, fines or
other charges of whatsoever nature however imposed by any country or any
subdivision or authority thereof in any way connected with this Agreement
or any instrument or agreement required hereunder, and all interest,
penalties or similar liabilities with respect thereto, except such taxes as
are imposed on or measured by a party's net income or property.
2. Grant of Rights
.
2.1 LSI Binary Code. Subject to the terms of this Agreement, LSI grants to
Licensee a non-exclusive, world-wide, revocable (for breach in accordance
with Section 7), non-transferable limited license, without the right to
sublicense except as expressly provided herein, solely to:
.
(a) Use the LSI Binary Code and related Explanatory Materials solely for
the Authorized Use for Binary Code and only with LSI Devices
(b) Make copies of the LSI Binary Code and related Explanatory Materials to
support the Authorized Use for Binary Code and for archival and backup
purposes in support of the Authorized Use for Binary Code only with LSI
Devices;
(c) Distribute the LSI Binary Code as incorporated in Licensee's Products
or for use with LSI Devices to its Subsequent Users;
(d) Distribute the Explanatory Materials related to LSI Binary Code only
for use with LSI Devices;
(e) Sublicense the rights provided in paragraphs (a) and (b) above in
accordance with the terms provided in this Agreement to contract
manufacturers ("CMs") and/or original design manufacturers ("ODMs"), in
each case meeting the requirements of Section 3.1(d) below for the purpose
of manufacturing Licensee's Products; and (f) Sublicense the rights
provided in paragraphs (b) and (c) in accordance with the terms provided in
this Agreement to Subsequent Users who are not end users for the purpose of
distributing and supporting Licensee's Product.
2.2 LSI Source Code. Subject to the terms of this Agreement, LSI grants to
Licensee a non-exclusive, worldwide, revocable (for breach in accordance
with Section 7), non-transferable limited license, without the right to
sublicense except as expressly provided herein, solely to:
.
(a) Use the LSI Source Code and related Explanatory Materials solely for
the Authorized Use for Source Code and only with LSI Devices;
(b) Make copies of the LSI Source Code and related Explanatory Material to
support the Authorized Use for Source Code only and for archival and backup
purposes in support of the Authorized use for Source Code only with LSI
Devices;
(c) Modify and prepare Derivative Works of the LSI Source Code for the
Authorized Use for LSI Source Code and only for use with LSI Devices;
(d) Distribute the binary form only of any authorized Derivative Work of
the LSI Source Code ("Licensee Binary Derivative") and necessary portions
of the related Explanatory Materials only for use with LSI Devices; and
(e) Sublicense the rights granted in paragraph (d) above in accordance with
the terms provided in this Agreement to Subsequent Users who are not end
users for the purpose of distributing and supporting Licensee's Product.
2.3 LSI Internal Use Code. Subject to the terms of this Agreement, LSI
grants to Licensee a non-exclusive, worldwide, revocable (for breach in
accordance with Section 7), non-transferable limited license, without the
right to sublicense or distribute, solely to:
.
(a) Use the LSI Internal Use Code and related Explanatory Materials solely
for the Authorized Use for Internal Code and only with LSI Devices; and
(b) Make copies of the LSI Internal Use Code and related Explanatory
Materials to support the Authorized Use for Internal Code only and for
archival and backup purposes in support of the Authorized use for Internal
Code only with LSI Devices.
2.4 Without limiting Section 4, Licensee may exercise the foregoing rights
directly and/or indirectly through its employees and contractors, who are
bound by terms at least as restrictive as this Agreement.
.
3. License Restrictions
.
3.1. LSI Binary Code. The Licenses granted in Section 2.1 for LSI Binary
Code and related Explanatory Materials are subject to the following
restrictions:
.
(a) Licensee shall not use the LSI Binary Code and related Explanatory
Materials for any purpose other than as expressly provided in Article 2;
(b) Licensee shall reproduce all copyright notices and other proprietary
markings or legends contained within or on the LSI Binary Code and related
Explanatory Materials on any copies it makes; and
(c) Licensee shall not distribute or disclose the LSI Binary Code and
related Explanatory Materials except pursuant to an agreement with terms at
least as protective of LSI's Binary Code as the terms of this Agreement.
Licensee shall not, and shall not allow its Subsequent Users to,
disassemble, de-compile, or reverse engineer the LSI Binary Code.
(d) Licensee may grant the sublicense set forth in Section 2.1(e) to its
CMs and ODMs, provided that each such CM and ODM agrees to abide by the
terms and conditions of this Agreement and Licensee shall remain
responsible for any failure by its CMs and ODM to comply with the terms and
conditions of this Agreement.
3.2. LSI Source Code. The Licenses granted in Section 2.2 for LSI Source
Code and related Explanatory Materials are subject to the following
restrictions:
.
(a) Licensee shall not use the LSI Source Code and related Explanatory
Materials for any purpose other than as expressly provided in Article 2;
(b) Licensee shall reproduce all copyright notices and other proprietary
markings or legends contained within or on the LSI Source Code and related
Explanatory Materials on any copies it makes;
(c) Licensee shall not distribute or disclose any LSI Source Code and
related Explanatory Materials to any Subsequent Users or third parties,
without the express written consent of LSI;
(d) Licensee shall not knowingly infringe upon the intellectual property
rights of any third party when making Derivative Works to the LSI Source
Code;
(e) Licensee shall not disassemble, reverse-engineer, or decompile the LSI
Source Code, except for making authorized Derivative Works; and
(f) Licensee shall not distribute or disclose the Licensee Binary
Derivative except pursuant to an agreement with terms at least as
protective as those in this Agreement protecting LSI's Binary Code.
Licensee shall not, and shall not allow its Subsequent Users to,
disassemble, de-compile, or reverse engineer the Licensee Binary Derivative.
3.3. LSI Internal Use Code. The Licenses granted in Section 2.3 for LSI
Internal Use Code and related Explanatory Materials are subject to the
following restrictions:
.
(a) Licensee shall not use the LSI Internal Use Code and related
Explanatory Materials for any purpose other than as expressly provided in
Article 2;
(b) Licensee shall reproduce all copyright notices and other proprietary
markings or legends contained within or on the LSI Internal Use Code and
related Explanatory Materials on any copies it makes;
(c) Licensee shall not distribute or disclose any LSI Internal Use Code and
related Explanatory Materials to any Subsequent Users or third parties,
without the express written consent of LSI; and
(d) Licensee shall not disassemble, reverse-engineer, or decompile the LSI
Internal Use Code.
3.4. Derivative Works of LSI Source Code Made by Licensee. Subject to LSI's
rights in the underlying LSI Source Code, Licensee shall own all right,
title and interest in and to the Derivative Works (both binary and source
format) it makes from LSI Source Code, provided that such Derivative Works
are not made in breach of this Agreement. Licensee shall not be required to
disclose its Derivative Works of the LSI Source Code to LSI. LSI shall have
no obligations whatsoever to support, maintain, contribute to, or provide
Updates, New Versions or any modifications to Licensee Derivative Works of
the LSI Source Code and shall have no liability whatsoever for such
Derivative Works. In the event Licensee requests LSI's input regarding
Licensee Derivative Works of LSI Source Code and plans to disclose such
Derivative Works to LSI, a separate written agreement shall first be
executed by the parties.
.
3.5. LSI Derivative Works. Nothing contained herein shall prevent LSI from
creating any Derivative Works of its LSI Source Code at any time. Licensee
further agrees that LSI may independently create a Derivative Work similar
to or in competition with the Licensee Derivative Work of the LSI Source
Code and may use that Derivative Work for any purpose. Licensee grants LSI
a Covenant Not to Sue for any independently developed Derivative Works
created by LSI for its own LSI Source Code that Licensee may believe or
claim infringes on any of Licensee's Intellectual Property Rights relating
to the Licensee Derivative Works of the LSI Source Code.
.
3.6. U.S. Government Subsequent Users. All LSI Licensed Code and
Explanatory Materials qualify as "commercial items," as that term is
defined at 48 C.F.R. 2.101, consisting of "commercial computer software"
and "commercial computer software documentation" as such terms are used in
48 C.F.R. 12.212. Consistent with 48 CFR 52.227-19, 48 C.F.R.12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4, Licensee will provide to U.S.
Government end users such LSI Binary Code with only those rights set forth
herein that apply to non-governmental end users. Use of such LSI Binary
Code constitutes agreement by the government entity that the computer
software and computer software documentation is commercial and constitutes
acceptance of the rights and restrictions herein.
.
3.7. No Implied Licenses. Except for the express and limited licenses
granted herein for specific purposes, no rights or licenses are granted by
LSI under this Agreement, by implication, inducement, estoppel or otherwise
with respect to any proprietary information or to any patents, copyrights,
trade secrets, trademarks, maskworks or other Intellectual Property Rights
owned or controlled by LSI. Any further licenses must be express, in
writing and signed by an authorized representative of LSI.
.
3.8. Injunctive Relief. In the event of a breach by Licensee of this
Section 2 or 3, LSI shall be entitled to applicable injunctive relief and
to all remedies available in equity and law to prevent Licensee from
disassembling, de-compiling, reverse engineering, disclosing or using the
LSI Licensed Code in whole or in part.
.
3.9. LSI Licensed Code Containing JRE. Certain LSI Licensed Code may
contain JRE. Use of the JRE is restricted by JRE licensing terms to General
Purpose Desktop Computers and Servers, as defined below. Licensee may seek
its own license for the JRE directly with the owner, if it deems necessary.
"General Purposes Desktop Computers and Servers" under JRE licensing terms
is defined as "computers, including desktop, laptop and tablet computers,
or servers, used for general computing functions under end user control
(such as but not specifically limited to email, general purpose Internet
browsing and office suite productivity tools)". The full terms and
conditions for use of the JRE are available at:
http://www.oracle.com/technetwork/java/javase/terms/license/index.html.
.
4. Confidentiality
.
4.1 Licensee agrees to limit access to the LSI Licensed Code and
Explanatory Materials to employees and contractors of Licensee (which may
include, without limitation, contractors retained by Licensee to maintain
or modify the LSI Licensed Code and Explanatory Materials on behalf of
Licensee) having a need to access or know the LSI Licensed Code and
Explanatory Materials and who have executed nondisclosure agreements with
Licensee obligating them to maintain the confidentiality of the LSI
Licensed Code and Explanatory Materials.
4.2 Licensee shall hold in confidence the LSI Licensed Code and Explanatory
Materials as LSI's confidential information ("Confidential Information")
and shall use the LSI Code and Explanatory Materials only as expressly
provided in Section 2, and protect the confidentiality of such Confidential
Information with the same degree of care as Licensee uses to protect its
own confidential or proprietary information of great commercial value, but
in no event less than reasonable care and for no less than three (3) years
from the date of disclosure.
4.3 Licensee agrees to notify LSI immediately after Licensee becomes aware
of any suspected misuse or unauthorized disclosure of any Confidential
Information. The obligations of confidentiality imposed on Licensee under
this Section 4 shall not apply or shall cease to apply to any of such
Confidential Information that Licensee clearly establishes: (i) was already
rightfully in the possession of Licensee at the time of disclosure as
evidenced by records of Licensee; (ii) is or becomes publicly available
through no act or omission of Licensee; (iii) is rightfully received by
Licensee from a third party without an obligation of confidentiality; (iv)
is independently developed by Licensee's employees or contractors without
use of or access to the information; or (v) is approved for unrestricted
disclosure in writing by an authorized representative of LSI. LSI makes no
warranty as to the accuracy of any Confidential Information, which is
furnished "AS IS" with all faults.
5. Ownership of Code by LSI, Fees, and Taxes
.
5.1 LSI reserves all right, title, ownership and interest in and to the LSI
Licensed Code and Explanatory Materials existing prior to and after the
Effective Date of this Agreement, or created or generated by LSI at any
time, subject to any licenses granted. LSI reserves all right, title,
ownership and interest in and to any Derivative Works it creates at any
time to the LSI Licensed Code and Explanatory Materials, subject to any
licenses granted.
5.2 Fees and Taxes. No fees are due in connection with this Agreement
unless separately specified by LSI. If any such fees are separately
specified in writing, the following applies:
5.2.1 Payment is due by Licensee upon download, at time of purchase, or no
later than within thirty (30) days of date of LSI invoice therefore, as
designated by LSI All payments shall be made in U.S. currency unless
otherwise agreed. If at any time, Licensee is delinquent in the payment of
any invoice, or is otherwise in breach of this Agreement, LSI may, at its
discretion, and without prejudice to its other rights, withhold delivery
(including partial delivery) of any order or may, at its option, require
Licensee to prepay for further deliveries. Any sum not paid by Licensee,
when due, shall bear interest until paid at a rate of 1.5% per month (18%
per annum) or the maximum rate permitted by law, whichever is less.
5.2.2 All payments or reimbursements due under this Agreement and any
instrument or agreement required hereunder shall be made free and clear and
without deduction for any and all present and future Taxes. Payments due to
LSI under this Agreement and any instrument or agreement required hereunder
shall be increased so that amounts received by LSI, after provisions for
Taxes and all Taxes on such increase, will be equal to the amounts required
under this Agreement and any instrument or agreement required hereunder if
no Taxes were due on such payments.
5.2.3 The Licensee shall indemnify LSI for the full amount of Taxes
attributable to the provision of products or services under this Agreement,
and any liabilities (including penalties, interest and expenses) arising
from such Taxes, within thirty (30) days from any written demand by LSI.
The Licensee shall provide evidence that all applicable Taxes have been
paid to the appropriate taxing authority by delivering to LSI receipts or
notarized copies thereof within thirty (30) days after the due date for
such tax payments.
5.2.4 Without prejudice to the survival of any other Agreement of Licensee
hereunder, the obligations of Licensee contained in this section shall
survive the payment in full of all payments hereunder.
6. Support
.
(a) LSI may provide the following support services for the LSI Licensed
Code to the extent LSI deems reasonable: Updates if and when released and
errata in LSI's sole discretion. LSI shall not be responsible for any other
support or maintenance of LSI Licensed Code to Licensee or its Subsequent
Users, unless otherwise agreed to in writing. LSI is under no obligation to
provide support services and may discontinue support services at any time.
LSI will not provide support for modified LSI Licensed Code or Licensee's
Derivative Works of the LSI Source Code.
(b) Any Updates to the LSI Licensed Code provided by LSI (which shall only
be provided by LSI in its sole discretion) shall be governed by the terms
of this Agreement.
(c) If Licensee finds what Licensee considers an error in the LSI Licensed
Code, Licensee will notify LSI so that LSI can, in its sole discretion,
make corrections to the LSI Licensed Code or to future revisions of the LSI
Licensed Code.
7. Term and Termination
.
7.1 Term. The term of this Agreement is five (5) years from the Effective
Date, subject to renewal upon mutual agreement of the parties.
7.2 Termination for Breach. If Licensee breaches any material provision of
this Agreement, LSI shall have the right to terminate this Agreement,
including all licenses granted hereunder, in addition to any and all other
remedies available at law or equity, unless Licensee cures such breach
within sixty (60) days ("Cure Period") after receiving written notice of
the breach by LSI. Licensee shall make best efforts to cure the material
breach in the least amount of time possible within the Cure Period.
7.3 Insolvency. If either party: (a) becomes substantially insolvent; (b)
makes an assignment for the benefit of creditors; (c) files or has filed
against it a petition in bankruptcy or seeking reorganization; (d) has a
receiver appointed; or (e) institutes any proceedings for liquidation or
winding up or have such proceedings instituted against it; then the other
party may, in addition to other rights and remedies it may have, terminate
this Agreement immediately by written notice.
7.4 Consequences. Upon termination or expiration of this Agreement for any
reason whatsoever, the licenses, rights, and covenants granted hereunder
and any obligations imposed hereunder shall cease except as otherwise
expressly set forth herein as surviving termination or expiration.
7.5 Return of Confidential Information. Upon expiration or termination of
this Agreement for any reason or upon written request by LSI, Licensee
agrees to promptly return to LSI or, at LSI's request, destroy and certify
by an officer of Licensee in writing the destruction of, all LSI
Confidential Information furnished to Licensee, including all LSI Licensed
Code and Explanatory Materials.
7.6 Survival of Licenses. Any LSI Licensed Code and Explanatory Materials
distributed prior to the effective date of any termination, expiration,
breach, or cancellation of this Agreement, shall remain licensed (including
any LSI Licensed Code in inventory, manufactured, or work in progress with
Licensee products) under the terms of this Agreement. Notwithstanding the
foregoing, Licensee may retain an archival copy of portions of the LSI
Confidential Information, including LSI Licensed Code and Explanatory
Materials, necessary for Licensee to provide ongoing technical support to
Subsequent Users using the LSI Licensed Code ("Archival Materials") after
termination, expiration or cancellation of this Agreement. Such Archival
Materials may not be used for any other purpose without the written consent
from LSI. Licensee shall keep such Archival Materials confidential for an
additional five (5) years from the date of termination, expiration , or
cancellation of this Agreement, regardless of when the LSI Confidential
Information was disclosed.
7.7 Survival. In the event of expiration or termination of this Agreement
for any reason, the following sections of this Agreement shall survive: 1,
3, 5, 7, 8, 9, 8 and 10. Termination will not prejudice either party to
require performance of any obligation due at the time of termination. All
end user licenses in effect and in compliance with the Agreement prior to
effective termination or expiration shall survive and continue in full
force and effect in accordance with their terms and Licensee may continue
to perform its obligations thereunder, including support obligations.
8. Disclaimer of All Warranties
.
8.1 THE PARTIES AGREE THAT LSI FURNISHES THE LSI LICENSED CODE AND
EXPLANATORY MATERIALS TO LICENSEE "AS IS," UNSUPPORTED, WITHOUT WARRANTY OF
ANY KIND. LSI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, INCLUDING ANY THAT MAY ARISE FROM A COURSE OF
PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. LSI SHALL NOT BE LIABLE
FOR ANY ERROR, OMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN THE LSI
LICENSED CODE OR EXPLANATORY MATERIALS. LSI MAKES NO WARRANTY OR
REPRESENTATION THAT THE LSI LICENSED CODE OR EXPLANATORY MATERIALS WILL
MEET LICENSEE'S REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE
OR SOFTWARE APPLICATION.
8.2 LSI DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH LICENSEE'S USE
OF THE LSI LICENSED CODE IN ANY MEDICAL, NUCLEAR, AVIATION, NAVIGATION,
MILITARY, OR OTHER HIGH RISK DEVICE OR APPLICATION. LICENSEE REPRESENTS AND
WARRANTS THAT IT WILL NOT USE THE LICENSED LSI CODE IN ANY MEDICAL,
NUCLEAR, AVIATION, NAVIGATION, MILITARY, OR OTHER HIGH RISK DEVICE OR
APPLICATION. LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD LSI HARMLESS
AGAINST ANY LOSS, LIABILITY, OR DAMAGE OF ANY KIND THAT LSI INCURS IN
CONNECTION WITH BREACH OF THE WARRANTY IN THIS SECTION 8.2.
8.3 LSI DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH LICENSEE'S
CREATION AND USE OF DERIVATIVE WORKS OF THE LSI SOURCE CODE. LICENSEE SHALL
INDEMNIFY, DEFEND, AND HOLD LSI HARMLESS AGAINST ANY LOSS, LIABILITY, OR
DAMAGE OF ANY KIND THAT LSI INCURS IN CONNECTION WITH LICENSEE'S DERIVATIVE
WORKS OF LSI SOURCE CODE.
9. Limitation of Liability
.
IN NO EVENT SHALL LSI, ITS EMPLOYEES, AFFILIATES ORSUPPLIERS BE LIABLE FOR
ANY LOST PROFITS, REVENUE, SALES OR DATA OR COSTS OF PROCURE OF SUBTITUTE
GOODS OR SERVICES, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY
SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, ECONOMIC OR PUNITIVE
DAMAGES, HOWEVER CAUSED, AND WHETHER ARISING UNDER CONTRACT, TORT, STRICT
LIABILITY, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE USE
OR INABILTY TO USE THE LSI LICENSED CODE OR EXPLANATORY MATERIALS, EVEN IF
LSI OR ITS EMPLOYEES, SUPPLIERS OR AFFILIATES ARE ADVISED OF THE
POSSIBILTIY OF SUCH DAMAGES. IN THE EVENT THAT THE APPLICABLE JURISDICTION
DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, BUT DOES ALLOW
LIABILTY TO BE LIMITED, THE LIABILITY OF LSI, ITS EMPLOYEES, AFFILIATES, OR
SUPPLIERS IN SUCH CASES, SHALL BE LIMITED TO $100 US DOLLARS.
10. General
.
10.1 Assignment. Licensee shall not assign this Agreement or any of its
rights or delegate any of its duties under this Agreement without the prior
written consent of LSI. Subject to the foregoing, this Agreement will be
binding upon, enforceable by, and inure to the benefit of the parties and
their respective successors and assigns. Any attempted assignment in
violation of this Section 10.1 shall be null and void.
10.2 Governing Law. This Agreement shall be construed and interpreted in
accordance with the law of the State of California without reference to its
conflicts of law principles.
10.3 Exclusive Jurisdiction. All disputes arising out of or related to this
Agreement will be subject to the exclusive jurisdiction and venue of the
California state courts of Santa Clara County, California in United States
District Court for the Northern District of California, and the parties
consent to the personal and exclusive jurisdiction of these courts.
10.4 Export Control. Licensee shall follow all export control laws and
regulations relating to the LSI Licensed Code and Explanatory Materials.
Licensee hereby acknowledges responsibility for compliance with all
applicable US and local laws and regulations related to import and export
and acknowledges and agrees that the LSI Licensed Code is subject to the
U.S. Export Administration Regulations. Diversion contrary to U.S. law is
prohibited. Licensee agrees that the LSI Licensed Code is being or will be
acquired for, shipped, transferred, or re-exported, directly or indirectly,
to prohibited or embargoed countries, nor be used for any prohibited
end-use, such as nuclear activities, chemical/biological weapons, or
missile projects, unless expressly authorized by the U.S. Government.
Prohibited countries are set forth in the Supplement 1 to Part 740 of the
U.S. Export Administration Regulations. Countries currently subject to U.S.
embargo include: Cuba, Iran, N. Korea, Sudan and Syria. This list is
subject to change without further notice from LSI Corporation and Licensee
understands that compliance with the list as it exists in fact, is
required. Licensee assumes sole responsibility for obtaining any/all
licenses required for export or re-export. All ECCN and CCATS numbers and
License Exception information are subject to change without notice.
Modification in any way nullifies the classification. It is therefore your
obligation as an exporter to verify such information and comply with the
then currently applicable regulations. Any data provided by LSI is for
informational purposes only. LSI Corporation makes no representation or
warranty as to the accuracy or reliability of any classifications or
numbers. Any use of such classifications or numbers by you is without
recourse to LSI Corporation and is at your own risk. LSI Corporation is in
no way responsible for any damages, whether direct, indirect,
consequential, incidental or otherwise, suffered by you as a result of
using or relying upon such classifications or numbers for any purpose
whatsoever. Licensee agrees to consult the EAR, the Bureau of Industry and
Security's Export Counseling Division, and other appropriate sources before
distributing, importing, or using LSI products. You may request software
classification information from LSI or view it at LSI.com. If requested,
Customer agrees to sign written assurances and other export-related
documents as may be required by LSI.
10.5 Waiver. No failure or delay on the part of either party in the
exercise of any right or privilege hereunder shall operate as a waiver
thereof or of the exercise of any other right or privilege hereunder, nor
shall any single or partial exercise of any such right or privilege
preclude other or further exercise thereof or of any other right or
privilege.
10.6 Notice. Any notice or claim provided for herein to LSI shall be in
writing and addressed as set forth below, and shall be given (i) by
personal delivery, effective upon delivery, (ii) by first class mail,
postage prepaid, addressed as set forth below, effective one (1) business
day after proper deposit in the mail, or (iii) by facsimile directed to the
facsimile number set forth below, but only if accompanied by mailing of a
copy in accordance with (ii) above, effective as of the date of facsimile
transmission.
Vice President
Global Commercial Law Group
LSI Corporation
1110 American Parkway, NE
Room 12K-302
Allentown, PA 18109
Fax: (610) 712-1450
10.7 Severability. If any term, condition, or provision of this Agreement,
or portion of this Agreement, is found to be invalid, unlawful or
unenforceable to any extent, the parties will endeavor in good faith to
agree to such amendments that will preserve, as far as possible, the
intentions expressed in this Agreement. Such invalid term, condition or
provision will be severed from the remaining terms, conditions and
provisions, which will continue to be valid and enforceable to the fullest
extent permitted by law.
10.8 Other Rights. Nothing contained in this Agreement shall be construed
as conferring by implication, estoppel, or otherwise upon either party or
any third party any license or other right except, solely as to the parties
hereto, the rights expressly granted hereunder.
10.9 Integration; Modification. This Agreement embodies the final, complete
and exclusive statement of the terms agreed upon by the parties with
respect to the subject matter hereof and supersedes any prior or
contemporaneous representations, descriptions, courses of dealing, or
agreements in regard to such subject matter. No amendment or modification
of this Agreement shall be valid or binding upon the parties unless stated
in writing and signed by an authorized representative of each party.
10.10 Publicity. All publicity concerning this transaction referring to the
other party shall require the other party's prior written approval which
shall not be unreasonably withheld.
10.11 Relationship of the Parties. The relationship of the parties hereto
is that of independent contractors. Neither party, nor its agents or
employees, shall be deemed to be the agent, employee, joint venture
partner, partner or fiduciary of the other party. Neither party shall have
the right to bind the other party, transact any business on behalf of or in
the name of the other party, or incur any liability for or on behalf of the
other party.
Files: debian/*
Copyright: Copyright (C) 2007-2012 Adam Cécile (Le_Vert)
License: GPL-2.0+
License: GPL-2.0+
This package is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.
.
This package is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
.
You should have received a copy of the GNU General Public License
along with this program. If not, see <http://www.gnu.org/licenses/>
.
On Debian systems, the complete text of the GNU General
Public License version 2 can be found in "/usr/share/common-licenses/GPL-2".