142 lines
8.4 KiB
Plaintext
Executable File
142 lines
8.4 KiB
Plaintext
Executable File
PMC-Sierra, Inc. Software License Agreement
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CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY YOUR USE OF THE SOFTWARE
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INCLUDED WITH THIS PRODUCT, YOU AGREE TO BE BOUND BY THESE TERMS, CONDITIONS,
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AND REQUIREMENTS. IF YOU DO NOT AGREE TO THE LICENSE TERMS, CONDITIONS, AND
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REQUIREMENTS APPLICABLE TO THE SOFTWARE, YOU ARE NOT PERMITTED TO USE THE
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SOFTWARE AND MAY RETURN THE ENTIRE UNUSED HARDWARE PRODUCT FOR A FULL REFUND.
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HOWEVER, THESE TERMS, CONDITIONS, AND REQUIREMENTS DO NOT APPLY TO ANY OPEN
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SOURCE SOFTWARE, WHICH MAY BE DELIVERED TOGETHER WITH THE PMC-SIERRA PRODUCTS,
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EXCEPT FOR THE PROVISIONS SET FORTH IN SECTION 7 AND 9 BELOW.
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In return for acquiring a license to use the PMC-Sierra software ("Software")
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and the related documentation, you agree to the following terms and conditions:
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1. License. This Agreement grants You, the Licensee, a license to:
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Use the Software on a single computer system or on multiple workstations,
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systems and servers which incorporate an PMC-Sierra Hardware product and may
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be accessed by multiple users from multiple locations. You may make as many
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installations of the Software as needed, but must restrict such installation
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only to systems, workstations or servers using an PMC-Sierra hardware
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product.
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Make one copy of the Software in machine readable form solely for back-up
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purposes provided you reproduce PMC-Sierra’s copyright notice and any
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proprietary legends.
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2. Restrictions. You may not distribute copies of the Software to others. You
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may not post or otherwise make available the Software, or any portion
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thereof, in any form, on the Internet. You may not use the software in a
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computer service business, including in time sharing applications. The
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Software contains trade secrets and in order to protect them you may not
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decompile, reverse engineer, disassemble, or otherwise reduce the Software
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to a human perceivable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT,
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LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE OR CREATE DERIVATIVE WORKS BASED
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UPON THE SOFTWARE OR ANY PART THEREOF.
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3. Ownership. As Licensee, You own the media upon which the Software is
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recorded or fixed, but PMC-Sierra and its licensors retain title, ownership
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and intellectual property rights of the Software recorded on the original
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media and all subsequent copies of the Software, regardless of the form or
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media in which or on which the original and other copies may exist. This
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license is not a sale of the Software or any copy. The Software is
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copyrighted by, proprietary to and a trade secret of PMC-Sierra or its
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licensors. The Software is protected by the copyright laws of the United
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States and international copyright treaties.
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4. Termination. This license is effective until terminated. This license will
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terminate automatically without notice if you fail to comply with any of the
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provisions. You may terminate the license at any time by destroying the
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Software (including the related documentation) together with all copies or
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modifications in any form. Upon termination you shall destroy all copies of
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the Software (including the related documentation), together with any
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partial copies.
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5. Limited Warranty. PMC-Sierra and its Licensors warrant only that the media
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upon which the Software is furnished will be free from defects in material
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or workmanship under normal use and service for a period of thirty (30) days
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from the date of delivery to you. THE FOREGOING WARRANTY EXPRESSLY EXCLUDES
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ANY OPEN SOURCE SOFTWARE PROVIDED TO YOU WITH THE PMC-SIERRA SOFTWARE.
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PMC-SIERRA AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR
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RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, OPEN SOURCE SOFTWARE OR
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DOCUMENTATION. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, PMC-SIERRA AND
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ITS LICENSORS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
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LIMITED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR
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FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of
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implied warranties or limitations on how long an implied warranty may last,
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so the above limitations may not apply to you. This warranty gives you
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specific legal rights and you may also have other rights which vary from
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state to state.
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The entire liability of PMC-Sierra and its licensors, and your exclusive
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remedy for a breach of this warranty, shall be the replacement of any media
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not meeting the above limited warranty which is returned to PMC-Sierra; or
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if PMC-Sierra or its distributor is unable to deliver replacement media
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which is free from defects in materials or workmanship, you may terminate
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this Agreement by returning the Software and your money will be refunded.
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THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES PMC-SIERRA AND ITS
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LICENSORS WILL PROVIDE FOR BREACH OF WARRANTY.
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6. Limitation of Liability. IN NO EVENT WILL PMC-SIERRA OR ITS LICENSORS BE
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LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES,
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INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF
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PMC-SIERRA OR A LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL PMC-SIERRA
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BE LIABLE UNDER THIS AGREEMENT FOR ANY AMOUNT IN EXCESS OF THE LICENSE FEES
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YOU PAID FOR THE SOFTWARE OR, IF THE SOFTWARE WAS FREE, IN AN AMOUNT IN
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EXCESS OF THE AMOUNT PAID BY YOU FOR THE HARDWARE SOLD IN CONJUNCTION WITH
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THE SOFTWARE. Some states do not allow the exclusion or limitation of
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special, incidental, or consequential damages, so the above limitation or
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exclusion may not apply to you.
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7. Export. You acknowledge that the laws and regulations of the United States
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restrict the export and re-export of the Software and/or the Open Source
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Software. Further, you agree that you will not export or re-export the
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Software and/or the Open Source Software or media in any form without the
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appropriate United States and foreign government approval.
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8. U.S. Government Restricted Rights. If the Software is acquired under the
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terms of a GSA contract, use, reproduction or disclosure is subject to the
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restrictions set forth in the applicable ADP Schedule contract. If the
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Software is acquired under the terms of a DoD or civilian agency contract,
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use, duplication or disclosure by the Government is subject to the
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restrictions of this license in accordance with 48 C.F.R. 12.212 of the
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Federal Acquisition Regulations and its successors and 48 C.F.R. 227.7202-1
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of the DoD FAR Supplement and its successors.
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9. Open Source Software. Certain programs distributed in conjunction with the
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Software are distributed subject to third party licensing terms, including
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without limitation, the GNU General Public (GPL) License available at:
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http://www.gnu.org/licenses/gpl.txt or by writing to the Free Software
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Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA.
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The source code for the programs licensed under the GPL is available to You,
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for a period of three (3) years from the date of first commercial
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distribution of the Software, upon request by contacting PMC-Sierra in
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writing at 1380 Bordeaux Drive, Sunnyvale, California 94089,
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ATTN: Legal Department, Open Source Request. PMC-Sierra will only charge
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you the actual cost of the medium used to distribute the source code for
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these programs and the cost of shipping. More details regarding the open
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source software and the applicable open source licenses are available in the
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README files.
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10. General. You agree this is the complete agreement concerning this license.
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In order to amend this license, a writing executed by both parties is
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required. You assume full responsibility for the legal and responsible use
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of the Software. This license shall be governed by California law as such
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law applies to agreements between California residents entered into and to
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be performed within California, except as governed by Federal law. Should
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any provision of this license be declared unenforceable in any jurisdiction,
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then such provision shall be deemed to be severable from this license and
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shall not affect the remainder hereof. All rights in the Software not
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specifically granted in this license are reserved by PMC-Sierra.
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If you have any questions concerning this license, contact:
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PMC-Sierra, Inc.
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Legal Department
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1380 Bordeaux Drive
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Sunnyvale, California 94089
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phone: (408) 239-8000
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fax: (408) 492-1157
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