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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 |