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Wed Dec 7 23:08:58 2005 UTC (14 years, 5 months ago) by vapier
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license for ixp4xx

1 vapier 1.1 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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