summaryrefslogtreecommitdiff
diff options
context:
space:
mode:
Diffstat (limited to 'licenses/Adaptec-EULA')
-rw-r--r--licenses/Adaptec-EULA176
1 files changed, 176 insertions, 0 deletions
diff --git a/licenses/Adaptec-EULA b/licenses/Adaptec-EULA
new file mode 100644
index 000000000000..8251d92fd58f
--- /dev/null
+++ b/licenses/Adaptec-EULA
@@ -0,0 +1,176 @@
+Taken from http://www.adaptec.com/adapteccom/templates/driverdetail.aspx?NRMODE=Published&NRNODEGUID=%7b8AF9FA1B-5BBC-46D3-9A6A-4D416EB5560D%7d
+
+ADAPTEC, INC.
+DOWNLOADABLE SOFTWARE LICENSE
+
+This License is granted by Adaptec, Inc., referred to in this License as
+"ADAPTEC" or "we" or "us." ADAPTEC reserves the right to record all activities
+and to use any information obtained in accordance with the privacy policy which
+you can access below.
+
+Directions to Obtain Your File:
+
+CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE EXPORT
+COMPLIANCE REQUIREMENTS SET OUT BELOW. YOU MUST ANSWER THE REQUIRED QUESTION
+TRUTHFULLY TO LET US KNOW WHETHER YOU HAVE READ AND UNDERSTOOD THE TERMS AND
+CONDITIONS AND EXPORT COMPLIANCE REQUIREMENTS AND WHETHER YOU AGREE TO COMPLY.
+YOU MUST CLICK A FURTHER BUTTON TO CONFIRM YOUR ANSWER AND IF YOU ANSWER IN THE
+AFFIRMATIVE, A BINDING LICENSE AGREEMENT ("LICENSE") WILL BE CONCLUDED BETWEEN
+US. YOU MAY THEN PROCEED TO DOWNLOAD THE SOFTWARE.
+
+IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND EXPORT COMPLIANCE
+REQUIREMENTS THEN DO NOT DOWNLOAD THE SOFTWARE. IF YOU WISH TO CANCEL THIS
+LICENSE AT ANY TIME YOU MAY DO SO BY DESTROYING ALL COPIES AND PARTIAL COPIES
+OF THE SOFTWARE WHICH YOU HAVE DOWNLOADED.
+
+YOU ALSO AGREE THAT YOU HAVE ALL NECESSARY INFORMATION IN ORDER TO ENTER INTO
+THIS LICENSE WHETHER UNDER AN APPLICABLE EUROPEAN E-COMMERCE DIRECTIVE OR
+OTHERWISE. IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND REQUIREMENTS, DO
+NOT DOWNLOAD ANY FILES.
+
+Please retain a copy of the License for your files or you may contact ADAPTEC's
+Legal Department at the address listed below for a further copy. This license
+may be concluded in English or the language in which it is drafted by ADAPTEC
+and appears to you online, as applicable. If you are a consumer residing in
+Europe (a "European Consumer") then this License shall not affect your
+statutory rights under the local laws in Europe.
+
+This License grants you a non-exclusive license to use the ADAPTEC Software and
+related documentation ("Software") on the following terms, conditions, and
+export compliance requirements:
+
+If you are NOT an individual consumer residing in Europe then the following
+terms, conditions and export compliance requirements apply and are a part of
+your license: ALL SECTIONS EXCEPT AS SPECIFIED HEREIN.
+
+If you are an individual consumer residing in Europe ("European Consumer") then
+the following terms, conditions and export compliance requirements apply and
+are made part of your License: 1, 2, 3, 4, applicable parts of 6, 7, 9 and the
+first paragraph of export compliance. IF YOU ARE A EUROPEAN CONSUMER THIS
+LICENSE SHALL NOT AFFECT YOUR RIGHTS UNDER THE STATUTORY LAWS OF EUROPE.
+
+ 1. Your right to use the Software.You may use the Software in machine
+ readable form (i.e. the form you download from us) within a single working
+ location. You may copy the Software in the same form solely for back-up
+ purposes or use within a single working location. You must reproduce
+ ADAPTEC's copyright notice and proprietary legends. These requirements apply
+ to European Consumers.
+ 2. Restrictions. This Software contains trade secrets and in order to protect
+ them you may not: (1) distribute copies of the Software in any manner,
+ including, but not limited to, distribution through web site posting; (2)
+ decompile, reverse engineer, disassemble, or otherwise reduce the Software to
+ a human perceivable form; (3) MODIFY, ADAPT OR TRANSLATE THE SOFTWARE INTO
+ ANY OTHER FORM; (4) RENT, LEASE, LOAN, RESELL FOR PROFIT, OR CREATE
+ DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART OF IT. These
+ requirements apply to European Consumers.
+ 3. Ownership. The Software is copyrighted by, proprietary to and a trade
+ secret of ADAPTEC. ADAPTEC retains the title, ownership and intellectual
+ property rights in and to the Software and all subsequent copies regardless
+ of the form or media. The Software is protected by the copyright laws of the
+ United States, the European Union, and international copyright treaties. This
+ License is not a sale of the Software. These terms apply to European
+ consumers.
+ 4. Termination. This License is effective until terminated. This License will
+ terminate automatically without notice if you fail to comply with any of the
+ provisions. Upon termination you shall destroy all copies of the Software
+ including any partial copies. This provision applies to European Consumers.
+ 5. Disclaimer of Warranty. IF YOU ARE A EUROPEAN CONSUMER THEN THIS SECTION 5
+ DOES NOT APPLY TO YOU AND DOES NOT FORM PART OF YOUR LICENSE WITH US. PROCEED
+ TO SECTION 6. THE SOFTWARE IS LICENSED TO YOU "AS IS." YOU ACCEPT ALL RISKS
+ WHICH MAY ARISE FROM THE DOWNLOADING OF THE SOFTWARE, INCLUDING BUT NOT
+ LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING DATA OR SOFTWARE.
+ ADAPTEC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS
+ ANY WARRANTY OF NON INFRINGEMENT OF THIRD PARTIES' RIGHTS, WARRANTIES OF
+ SATISFACTORY QUALITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Some states do
+ not allow the exclusion of implied warranties or limitations of how long an
+ implied warranty may last, so the above exclusion may not apply to you. You
+ may also have other rights which vary from state to state.
+ 6. Limitation of Liability. FOR EUROPEAN CONSUMERS: WE WILL NOT BE LIABLE TO
+ YOU WHERE YOU SUFFER LOSS WHICH WAS NOT FORESEEABLE TO YOU AND TO US WHEN YOU
+ DOWNLOADED THE SOFTWARE (EVEN IF IT RESULTS FROM OUR FAILURE TO COMPLY WITH
+ THIS LICENSE OR OUR NEGLIGENCE); WHERE YOU SUFFER ANY BUSINESS LOSS INCLUDING
+ LOSS OF REVENUE, PROFITS OR ANTICIPATED SAVINGS (WHETHER THOSE LOSSES ARE THE
+ DIRECT OR INDIRECT RESULT OF OUR DEFAULT); OR WHERE YOUR LOSS DOES NOT RESULT
+ FROM OUR FAILURE TO COMPLY WITH THIS LICENSE OR OUR NEGLIGENCE. THE SOFTWARE
+ HAS BEEN MADE AVAILABLE TO YOU FREE OF CHARGE. YOU MAY AT ANY TIME DOWNLOAD A
+ FURTHER COPY OF THE SOFTWARE FREE OF CHARGE TO REPLACE YOUR ORIGINAL COPY OF
+ THE SOFTWARE (CONSEQUENTLY, WE AND OUR SUPPLIERS WILL ONLY BE LIABLE TO YOU
+ UP TO A MAXIMUM TOTAL LIMIT OF TWO THOUSAND DOLLARS U.S. OR ITS EURO
+ EQUIVALENT AT THE TIME A CLAIM IS MADE). OUR MAXIMUM FINANCIAL RESPONSIBILITY
+ TO YOU AND THAT OF OUR SUPPLIERS WILL NOT EXCEED THIS LIMIT EVEN IF THE
+ ACTUAL LOSS YOU SUFFER IS MORE THAN THAT. HOWEVER, NOTHING IN THIS LICENSE
+ SHALL RESTRICT ANY PARTY'S LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY
+ ARISING FROM ITS NEGLIGENCE OR FOR FRAUD OR ANY FRAUDULENT MISREPRESENTATION.
+
+ ALL OTHERS DOWNLOADING THE SOFTWARE: THE SOFTWARE IS PROVIDED FREE OF CHARGE
+ TO YOU, THEREFORE UNDER NO CIRCUMSTANCES EXCEPT AS DESCRIBED HEREIN AND UNDER
+ NO LEGAL THEORY, TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL
+ ADAPTEC OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON
+ FOR ANY ECONOMIC LOSS (INCLUDING LOSS OF PROFIT) OR FOR ANY LOSS OF DATA,
+ LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS (IN EACH CASE
+ WHETHER DIRECT OR INDIRECT) OR FOR ANY OTHER DIRECT OR INDIRECT, SPECIAL,
+ INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER EVEN IF ADAPTEC SHALL
+ HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, NOTHING IN
+ THIS LICENSE SHALL RESTRICT ANY PARTY'S LIABILITY FOR FRAUD, DEATH OR
+ PERSONAL INJURY ARISING FROM ITS NEGLIGENCE OR FOR FRAUD OR ANY FRAUDULENT
+ MISREPRESENTATION.
+ 7. Export. By downloading, you acknowledge that the laws and regulations of
+ the United States and relevant countries within the European Union, restrict
+ the export and re-export of the Software. Further, you agree that you will
+ not export or re-export the Software or media in any form without the
+ appropriate United States and foreign government approval. If you are a
+ European Consumer you must not export Software outside the country in which
+ you download it without our prior written permission. (See below for details
+ on Export Compliance Requirements.)
+ 8. U.S. Government Restricted Rights. IF YOU ARE A EUROPEAN CONSUMER THEN
+ THIS CLAUSE WILL NOT APPLY TO YOU AND DOES NOT FORM PART OF YOUR LICENSE
+ AGREEMENT WITH US. PLEASE PROCEED TO SECTION 9. If the Software is acquired
+ under the terms of a United States GSA contract, use, reproduction or
+ disclosure is subject to the restrictions set forth in the applicable ADP
+ Schedule contract. If the Software is acquired under the terms of a DoD or
+ civilian agency contract, use, duplication or disclosure by the Government is
+ subject to the restrictions of this License in accordance with 48 C.F.R.
+ 12.212 of the Federal Acquisition Regulations and its successors and 48
+ C.F.R. 227.7202-1 of the DoD FAR Supplement and its successors. (See below
+ for details on Export Compliance Requirements.)
+ 9. General. California residents entered into and to be performed within
+ California, except as governed by Federal law. Should any provision of this
+ License be declared unenforceable in any jurisdiction, then such provision
+ shall be deemed to be severable from this License and shall not affect the
+ remainder hereof. All rights in the Software not specifically granted in this
+ License are reserved by Adaptec.
+
+EXPORT COMPLIANCE REQUIREMENTS
+
+Export of any information from the Adaptec web site (including Confidential
+Information obtained through Adaptec Access) outside of the United States is
+subject to all U.S. export control laws. You will abide by such laws and also
+to the provision of the U.S. Export-Re-export Requirements and Enhanced
+Proliferation Control Initiative set forth here. You and your organization will
+not sell, license, or otherwise provide or ship Adaptec products or technical
+data (or the direct product thereof) for export or re-export to the embargoed
+or restricted* countries listed below:
+
+ Afghanistan (Taliban controlled area), Cuba, Iran, Iraq, North Korea*, Sudan,
+ and Syria*
+
+You agree not to transfer, export or re-export Adaptec products, technology or
+software to your customers or any intermediate entity in the chain of supply if
+our products will be used in the design, development, production, stockpiling
+or use of missiles, chemical or biological weapons or for nuclear end uses
+without obtaining prior authorization from the U.S. Government.
+
+You also agree that unless you receive prior authorization from the U.S.
+Department of Commerce, you shall not transfer, export or re-export, directly
+or indirectly, any Adaptec technology or software (or the direct product of
+such technology or software or any part thereof, or any process or service
+which is the direct product of such technology or software) to any Sanctioned
+and/or Embargoed entity listed on:
+
+ * Bureau of Industry and Security's Lists to Check
+
+If you have any questions concerning this License, contact:
+Adaptec, Inc.
+Legal Department
+691 South Milpitas Boulevard
+Milpitas, California 95035