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license for ixp4xx

1 http://www.intel.com/design/network/swsup/np_sla/ixp400.htm
2 http://www.intel.com/design/network/products/npfamily/ixp425swr1.htm
3
4 INTEL SOFTWARE LICENSE AGREEMENT
5 IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
6
7 DO NOT USE OR LOAD THIS SOFTWARE OR ANY ASSOCIATED MATERIALS
8 (COLLECTIVELY, THE "SOFTWARE") UNTIL YOU HAVE CAREFULLY READ THE
9 FOLLOWING TERMS AND CONDITIONS. BY LOADING OR USING THE SOFTWARE, YOU
10 AS AN INDIVIDUAL AND ON BEHALF OF YOUR EMPLOYER ("YOU") AGREE TO THE
11 TERMS OF THIS AGREEMENT.
12 IF YOU DO NOT WISH TO SO AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
13 LICENSE: Subject to the terms and conditions of this Agreement
14 including without limitation the restrictions below, Intel Corporation
15 ("Intel") grants to you the following non-exclusive, non-transferable,
16 non-assignable, royalty-free copyright licenses in the Software:
17 * "Redistributable Code" includes all Software EXCEPT for the software
18 contained in the subdirectory "ixp425_xscale_sw/src/adsl". Subject to
19 the terms and conditions of this Agreement, You may reproduce, create
20 derivative works of, and distribute Redistributable Code, in
21 executable or source form, ONLY with, or as part of, Your Product (as
22 defined below), subject to the restrictions set forth in this
23 Agreement. Distribution for any other purpose or in any other manner
24 is prohibited under this license.
25 * If you have downloaded the version of IXP400 Software with
26 encryption Software, all Software contained in the
27 ixp425AccessLibraryWithCrypto_x_y.zip (Where x and y represent the
28 specific version number of the software) is also Redistributable Code
29 EXCEPT for the software contained in the subdirectory
30 "ixp425_xscale_sw/src/adsl." Note that all Software in the
31 ixp425AccessLibraryWithCrypto_x_y.zip file is subject to the U.S.
32 Export Administration Regulations and other U.S. law, and You are
33 responsible for compliance with such laws and regulations.
34 * "Non-Redistributable Code" includes the Software contained in the
35 ixp425AccessLibrary_x_y.zip and ixp425AccessLibraryWithCrypto_x_y.zip
36 subdirectory "ixp425_xscale_sw/src/adsl." Subject to the terms and
37 conditions of this Agreement, You may reproduce and create derivative
38 works of Non-Redistributable Code, and distribute such derivative
39 works only in executable form and ONLY with, or as part of, Your
40 Product, subject to the restrictions set forth in this Agreement.
41 Redistributable Code may NOT be redistributed to third parties in
42 source code form, and may NOT be distributed if such distribution
43 would obligate You, under an open source agreement or otherwise, to
44 make source code available to third parties. If you desire to
45 redistribute the Non-Redistributable Source Code, please contact Intel
46 to request information.
47 "Your Product" must be: (1) a hardware product that includes an Intel
48 network processor ("Your Hardware Product"); and/or (2) software that
49 runs on or interfaces with an Intel network processor; and which also
50 includes a substantial amount of software functionality, software
51 modifications and/or hardware that differentiates it from the Software
52 as provided by Intel ("Your Software Product").
53 RESTRICTIONS:
54 Any authorized distribution of the Software and/or derivative works
55 thereof is also subject to the following conditions: You: (i) enter
56 into a written agreement (enforceable "shrink-wrap" or "click to
57 accept" licenses are permissible) with the entity or person to whom
58 you are distributing such Software that are least as restrictive as
59 the terms and conditions you enter into with your licensees for
60 distribution of your software; (ii) are solely responsible for any
61 warranty, update or support obligation, or other liability that may
62 arise from Your distribution of Software and/or derivative works;
63 (iii) will not make any statement that your product is warranted,
64 "certified," or that its performance is guaranteed, by Intel; (iv)
65 will not use Intel's name or trademarks to market your product without
66 written permission of an authorized representative of Intel; (v) shall
67 prohibit disassembly and reverse engineering of any executable
68 Software and/or derivative works thereof; (vi) shall indemnify, hold
69 harmless, and defend Intel (including its officers, employees,
70 directors, subsidiaries, representatives, affiliates and agents) and
71 Intel's suppliers from and against any claims or lawsuits, including
72 attorney's fees and expenses, that arise or result from your
73 distribution of any Software or derivative works thereof, including
74 any liabilities arising from any permitted distribution under any open
75 source license.
76 OPEN SOURCE SOFTWARE RESTRICTIONS. Unless expressly permitted
77 elsewhere in this license, You may not combine or distribute the
78 Software with Open Source Software (as defined below) or with software
79 developed using Open Source Software (e.g., tools) in a manner that
80 subjects Intel or any portion of the Software provide by Intel
81 hereunder to any license obligations of such Open Source Software.
82 "Open Source Software" means any software licensed under terms
83 requiring that other software combined or distributed with such
84 software: (i) be disclosed or distributed in source code form; (ii) be
85 licensed on terms inconsistent with the terms of this Agreement.
86 NO SUPPORT UNDER THIS LICENSE AGREEMENT. Intel has no obligation to
87 support the Software under this Agreement.
88 EXPORT. You shall NOT export, either directly or indirectly, any
89 product, service or technical data or system incorporating Software
90 without first obtaining any required license or other approval from
91 the U. S. Department of Commerce or any other agency or department of
92 the United States Government. In the event any Software is exported
93 from the United States or re-exported from a foreign destination by
94 You, You shall ensure that the distribution and export/re-export or
95 import of the Software is in compliance with all laws, regulations,
96 orders, or other restrictions of the U.S. Export Administration
97 Regulations and the appropriate foreign government. You shall NOT
98 export/re-export any technical data, process, product, or service,
99 directly or indirectly, to any country for which the United States
100 government or any agency thereof or the foreign government from where
101 it is shipping requires an export license, or other governmental
102 approval, without first obtaining such license or approval.
103 OWNERSHIP OF SOFTWARE AND INTELLECTUAL PROPERTY. Title to all copies
104 of the Software and any intellectual property therein remains with
105 Intel or its suppliers. The Software is copyrighted and protected by
106 the laws of the United States and other countries, and by
107 international treaty provisions. You may not remove any copyright
108 notices from the Software. Intel may make changes to the Software, or
109 to items referenced therein, at any time without notice, but is not
110 obligated to support or update the Software. Except as otherwise
111 expressly provided, Intel grants no express or implied right under
112 Intel patents, copyrights, trademarks, or other intellectual property
113 rights. You may not transfer the Software.
114 DISCLAIMER OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY
115 EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF
116 MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
117 Intel does not warrant or assume responsibility for the accuracy or
118 completeness of any information, text, graphics, links or other items
119 contained within the Software.
120 LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE
121 LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST
122 PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF
123 THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS BEEN
124 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
125 PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES
126 OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY
127 NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM
128 JURISDICTION TO JURISDICTION.
129 TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at
130 any time if you violate its terms. Upon termination, you will
131 immediately destroy the Software or return all copies of the Software
132 to Intel.
133 APPLICABLE LAWS. Any claims arising under or relating to this
134 Agreement shall be governed by the internal substantive laws of the
135 State of Delaware or federal courts located in Delaware, without
136 regard to principles of conflict of laws. Each Party hereby agrees to
137 jurisdiction and venue in the courts of the State of Delaware for all
138 disputes and litigation arising under or relating to this Agreement.
139 The Parties agree that the United Nations Convention on Contracts for
140 the International Sale of Goods is specifically excluded from
141 application to this Agreement. The Parties consent to the personal
142 jurisdiction of the above courts. In the event any proceeding or
143 lawsuit is brought by Intel or You in connection with this Agreement,
144 the prevailing Party in such proceeding shall be entitled to receive
145 its costs, expert witness fees and reasonable attorneys' fees,
146 including costs and fees on appeal. It is understood and agreed that,
147 notwithstanding any other provisions of this Agreement, breach of the
148 "License" or "Distribution" sections of this Agreement by You will
149 cause Intel irreparable damage for which recovery of money damages
150 would be inadequate, and that Intel therefore shall be entitled to
151 obtain timely injunctive relief to protect this Intel's rights under
152 this Agreement in addition to any and all remedies available at law.
153 GOVERNMENT RESTRICTED RIGHTS. The Software is a "commercial item" as
154 that term is defined in 48 C.F.R. 2.101, consisting of "commercial
155 computer software" and "commercial computer software documentation" as
156 such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R.
157 12.212 and 48 C.F.R 227.7202-1 through 227.7202-4, You will provide
158 the Software to U.S. Government as an End User only pursuant to the
159 terms and conditions therein. You shall provide the Software to
160 foreign governments in an equivalent manner as described in this
161 Section.
162 REVERSE ENGINEERING. You may not reverse-assemble, reverse-compile, or
163 otherwise reverse-engineer any software provided solely in executable
164 form.
165 ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire
166 agreement between You and Intel and supersedes in their entirety any
167 and all oral or written agreements previously existing between You and
168 Intel with respect to the subject matter hereof. For the avoidance of
169 doubt, this Agreement shall in no way supersede any terms and
170 conditions of any third-party software license agreement.

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