/[gentoo-x86]/licenses/Adaptec-EULA
Gentoo

Contents of /licenses/Adaptec-EULA

Parent Directory Parent Directory | Revision Log Revision Log


Revision 1.1 - (show annotations) (download)
Thu Sep 19 13:28:24 2013 UTC (13 months ago) by dev-zero
Branch: MAIN
CVS Tags: HEAD
Add Adaptec-EULA license as discussed on the gentoo-dev ml

1 Taken from http://www.adaptec.com/adapteccom/templates/driverdetail.aspx?NRMODE=Published&NRNODEGUID=%7b8AF9FA1B-5BBC-46D3-9A6A-4D416EB5560D%7d
2
3 ADAPTEC, INC.
4 DOWNLOADABLE SOFTWARE LICENSE
5
6 This License is granted by Adaptec, Inc., referred to in this License as
7 "ADAPTEC" or "we" or "us." ADAPTEC reserves the right to record all activities
8 and to use any information obtained in accordance with the privacy policy which
9 you can access below.
10
11 Directions to Obtain Your File:
12
13 CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE EXPORT
14 COMPLIANCE REQUIREMENTS SET OUT BELOW. YOU MUST ANSWER THE REQUIRED QUESTION
15 TRUTHFULLY TO LET US KNOW WHETHER YOU HAVE READ AND UNDERSTOOD THE TERMS AND
16 CONDITIONS AND EXPORT COMPLIANCE REQUIREMENTS AND WHETHER YOU AGREE TO COMPLY.
17 YOU MUST CLICK A FURTHER BUTTON TO CONFIRM YOUR ANSWER AND IF YOU ANSWER IN THE
18 AFFIRMATIVE, A BINDING LICENSE AGREEMENT ("LICENSE") WILL BE CONCLUDED BETWEEN
19 US. YOU MAY THEN PROCEED TO DOWNLOAD THE SOFTWARE.
20
21 IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND EXPORT COMPLIANCE
22 REQUIREMENTS THEN DO NOT DOWNLOAD THE SOFTWARE. IF YOU WISH TO CANCEL THIS
23 LICENSE AT ANY TIME YOU MAY DO SO BY DESTROYING ALL COPIES AND PARTIAL COPIES
24 OF THE SOFTWARE WHICH YOU HAVE DOWNLOADED.
25
26 YOU ALSO AGREE THAT YOU HAVE ALL NECESSARY INFORMATION IN ORDER TO ENTER INTO
27 THIS LICENSE WHETHER UNDER AN APPLICABLE EUROPEAN E-COMMERCE DIRECTIVE OR
28 OTHERWISE. IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND REQUIREMENTS, DO
29 NOT DOWNLOAD ANY FILES.
30
31 Please retain a copy of the License for your files or you may contact ADAPTEC's
32 Legal Department at the address listed below for a further copy. This license
33 may be concluded in English or the language in which it is drafted by ADAPTEC
34 and appears to you online, as applicable. If you are a consumer residing in
35 Europe (a "European Consumer") then this License shall not affect your
36 statutory rights under the local laws in Europe.
37
38 This License grants you a non-exclusive license to use the ADAPTEC Software and
39 related documentation ("Software") on the following terms, conditions, and
40 export compliance requirements:
41
42 If you are NOT an individual consumer residing in Europe then the following
43 terms, conditions and export compliance requirements apply and are a part of
44 your license: ALL SECTIONS EXCEPT AS SPECIFIED HEREIN.
45
46 If you are an individual consumer residing in Europe ("European Consumer") then
47 the following terms, conditions and export compliance requirements apply and
48 are made part of your License: 1, 2, 3, 4, applicable parts of 6, 7, 9 and the
49 first paragraph of export compliance. IF YOU ARE A EUROPEAN CONSUMER THIS
50 LICENSE SHALL NOT AFFECT YOUR RIGHTS UNDER THE STATUTORY LAWS OF EUROPE.
51
52 1. Your right to use the Software.You may use the Software in machine
53 readable form (i.e. the form you download from us) within a single working
54 location. You may copy the Software in the same form solely for back-up
55 purposes or use within a single working location. You must reproduce
56 ADAPTEC's copyright notice and proprietary legends. These requirements apply
57 to European Consumers.
58 2. Restrictions. This Software contains trade secrets and in order to protect
59 them you may not: (1) distribute copies of the Software in any manner,
60 including, but not limited to, distribution through web site posting; (2)
61 decompile, reverse engineer, disassemble, or otherwise reduce the Software to
62 a human perceivable form; (3) MODIFY, ADAPT OR TRANSLATE THE SOFTWARE INTO
63 ANY OTHER FORM; (4) RENT, LEASE, LOAN, RESELL FOR PROFIT, OR CREATE
64 DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART OF IT. These
65 requirements apply to European Consumers.
66 3. Ownership. The Software is copyrighted by, proprietary to and a trade
67 secret of ADAPTEC. ADAPTEC retains the title, ownership and intellectual
68 property rights in and to the Software and all subsequent copies regardless
69 of the form or media. The Software is protected by the copyright laws of the
70 United States, the European Union, and international copyright treaties. This
71 License is not a sale of the Software. These terms apply to European
72 consumers.
73 4. Termination. This License is effective until terminated. This License will
74 terminate automatically without notice if you fail to comply with any of the
75 provisions. Upon termination you shall destroy all copies of the Software
76 including any partial copies. This provision applies to European Consumers.
77 5. Disclaimer of Warranty. IF YOU ARE A EUROPEAN CONSUMER THEN THIS SECTION 5
78 DOES NOT APPLY TO YOU AND DOES NOT FORM PART OF YOUR LICENSE WITH US. PROCEED
79 TO SECTION 6. THE SOFTWARE IS LICENSED TO YOU "AS IS." YOU ACCEPT ALL RISKS
80 WHICH MAY ARISE FROM THE DOWNLOADING OF THE SOFTWARE, INCLUDING BUT NOT
81 LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING DATA OR SOFTWARE.
82 ADAPTEC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS
83 ANY WARRANTY OF NON INFRINGEMENT OF THIRD PARTIES' RIGHTS, WARRANTIES OF
84 SATISFACTORY QUALITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Some states do
85 not allow the exclusion of implied warranties or limitations of how long an
86 implied warranty may last, so the above exclusion may not apply to you. You
87 may also have other rights which vary from state to state.
88 6. Limitation of Liability. FOR EUROPEAN CONSUMERS: WE WILL NOT BE LIABLE TO
89 YOU WHERE YOU SUFFER LOSS WHICH WAS NOT FORESEEABLE TO YOU AND TO US WHEN YOU
90 DOWNLOADED THE SOFTWARE (EVEN IF IT RESULTS FROM OUR FAILURE TO COMPLY WITH
91 THIS LICENSE OR OUR NEGLIGENCE); WHERE YOU SUFFER ANY BUSINESS LOSS INCLUDING
92 LOSS OF REVENUE, PROFITS OR ANTICIPATED SAVINGS (WHETHER THOSE LOSSES ARE THE
93 DIRECT OR INDIRECT RESULT OF OUR DEFAULT); OR WHERE YOUR LOSS DOES NOT RESULT
94 FROM OUR FAILURE TO COMPLY WITH THIS LICENSE OR OUR NEGLIGENCE. THE SOFTWARE
95 HAS BEEN MADE AVAILABLE TO YOU FREE OF CHARGE. YOU MAY AT ANY TIME DOWNLOAD A
96 FURTHER COPY OF THE SOFTWARE FREE OF CHARGE TO REPLACE YOUR ORIGINAL COPY OF
97 THE SOFTWARE (CONSEQUENTLY, WE AND OUR SUPPLIERS WILL ONLY BE LIABLE TO YOU
98 UP TO A MAXIMUM TOTAL LIMIT OF TWO THOUSAND DOLLARS U.S. OR ITS EURO
99 EQUIVALENT AT THE TIME A CLAIM IS MADE). OUR MAXIMUM FINANCIAL RESPONSIBILITY
100 TO YOU AND THAT OF OUR SUPPLIERS WILL NOT EXCEED THIS LIMIT EVEN IF THE
101 ACTUAL LOSS YOU SUFFER IS MORE THAN THAT. HOWEVER, NOTHING IN THIS LICENSE
102 SHALL RESTRICT ANY PARTY'S LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY
103 ARISING FROM ITS NEGLIGENCE OR FOR FRAUD OR ANY FRAUDULENT MISREPRESENTATION.
104
105 ALL OTHERS DOWNLOADING THE SOFTWARE: THE SOFTWARE IS PROVIDED FREE OF CHARGE
106 TO YOU, THEREFORE UNDER NO CIRCUMSTANCES EXCEPT AS DESCRIBED HEREIN AND UNDER
107 NO LEGAL THEORY, TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL
108 ADAPTEC OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON
109 FOR ANY ECONOMIC LOSS (INCLUDING LOSS OF PROFIT) OR FOR ANY LOSS OF DATA,
110 LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS (IN EACH CASE
111 WHETHER DIRECT OR INDIRECT) OR FOR ANY OTHER DIRECT OR INDIRECT, SPECIAL,
112 INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER EVEN IF ADAPTEC SHALL
113 HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, NOTHING IN
114 THIS LICENSE SHALL RESTRICT ANY PARTY'S LIABILITY FOR FRAUD, DEATH OR
115 PERSONAL INJURY ARISING FROM ITS NEGLIGENCE OR FOR FRAUD OR ANY FRAUDULENT
116 MISREPRESENTATION.
117 7. Export. By downloading, you acknowledge that the laws and regulations of
118 the United States and relevant countries within the European Union, restrict
119 the export and re-export of the Software. Further, you agree that you will
120 not export or re-export the Software or media in any form without the
121 appropriate United States and foreign government approval. If you are a
122 European Consumer you must not export Software outside the country in which
123 you download it without our prior written permission. (See below for details
124 on Export Compliance Requirements.)
125 8. U.S. Government Restricted Rights. IF YOU ARE A EUROPEAN CONSUMER THEN
126 THIS CLAUSE WILL NOT APPLY TO YOU AND DOES NOT FORM PART OF YOUR LICENSE
127 AGREEMENT WITH US. PLEASE PROCEED TO SECTION 9. If the Software is acquired
128 under the terms of a United States GSA contract, use, reproduction or
129 disclosure is subject to the restrictions set forth in the applicable ADP
130 Schedule contract. If the Software is acquired under the terms of a DoD or
131 civilian agency contract, use, duplication or disclosure by the Government is
132 subject to the restrictions of this License in accordance with 48 C.F.R.
133 12.212 of the Federal Acquisition Regulations and its successors and 48
134 C.F.R. 227.7202-1 of the DoD FAR Supplement and its successors. (See below
135 for details on Export Compliance Requirements.)
136 9. General. California residents entered into and to be performed within
137 California, except as governed by Federal law. Should any provision of this
138 License be declared unenforceable in any jurisdiction, then such provision
139 shall be deemed to be severable from this License and shall not affect the
140 remainder hereof. All rights in the Software not specifically granted in this
141 License are reserved by Adaptec.
142
143 EXPORT COMPLIANCE REQUIREMENTS
144
145 Export of any information from the Adaptec web site (including Confidential
146 Information obtained through Adaptec Access) outside of the United States is
147 subject to all U.S. export control laws. You will abide by such laws and also
148 to the provision of the U.S. Export-Re-export Requirements and Enhanced
149 Proliferation Control Initiative set forth here. You and your organization will
150 not sell, license, or otherwise provide or ship Adaptec products or technical
151 data (or the direct product thereof) for export or re-export to the embargoed
152 or restricted* countries listed below:
153
154 Afghanistan (Taliban controlled area), Cuba, Iran, Iraq, North Korea*, Sudan,
155 and Syria*
156
157 You agree not to transfer, export or re-export Adaptec products, technology or
158 software to your customers or any intermediate entity in the chain of supply if
159 our products will be used in the design, development, production, stockpiling
160 or use of missiles, chemical or biological weapons or for nuclear end uses
161 without obtaining prior authorization from the U.S. Government.
162
163 You also agree that unless you receive prior authorization from the U.S.
164 Department of Commerce, you shall not transfer, export or re-export, directly
165 or indirectly, any Adaptec technology or software (or the direct product of
166 such technology or software or any part thereof, or any process or service
167 which is the direct product of such technology or software) to any Sanctioned
168 and/or Embargoed entity listed on:
169
170 * Bureau of Industry and Security's Lists to Check
171
172 If you have any questions concerning this License, contact:
173 Adaptec, Inc.
174 Legal Department
175 691 South Milpitas Boulevard
176 Milpitas, California 95035

  ViewVC Help
Powered by ViewVC 1.1.20