1 Copyright (c) 2017, NETRONOME Systems, Inc. All rights reserved.
2
3 Agilio(r) Firmware License Agreement (the "AGREEMENT")
4
5 BY INSTALLING OR USING IN ANY MANNER THE SOFTWARE THAT ACCOMPANIES THIS
6 AGREEMENT (THE "SOFTWARE") YOU (THE "LICENSEE") ACKNOWLEDGE TO BE BOUND
7 BY ALL OF THE TERMS OF THIS AGREEMENT.
8
9 LICENSE GRANT. Subject to the terms and conditions set forth herein,
10 Netronome Systems, Inc. ("NETRONOME") hereby grants LICENSEE a non-
11 exclusive license to use, reproduce and distribute the SOFTWARE
12 exclusively in object form.
13
14 Restrictions. LICENSEE agrees that, (a) unless explicitly provided by
15 NETRONOME, the source code of the SOFTWARE is not being provided to
16 LICENSEE and is confidential and proprietary to NETRONOME and that
17 LICENSEE has no right to access or use such source code. Accordingly,
18 LICENSEE agrees that it shall not cause or permit the disassembly,
19 decompilation or reverse engineering of the SOFTWARE or otherwise attempt
20 to gain access to the source code for the SOFTWARE; and (b) LICENSEE
21 agrees that it shall not subject the SOFTWARE in whole or in part, to the
22 terms of any software license that requires, as a condition of use,
23 modification and/or distribution that the source code of the SOFTWARE, or
24 the SOFTWARE be i) disclosed or distributed in source code form; ii)
25 licensed for the purpose of making derivative works of the source code of
26 the SOFTWARE; or iii) redistribution of the source code of the SOFTWARE
27 at no charge.
28
29 DISCLAIMER OF ALL WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND WITH
30 ALL FAULTS AND NETRONOME AND ITS LICENSORS HEREBY DISCLAIM ALL EXPRESS OR
31 IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY
32 WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A
33 PARTICULAR PURPOSE.
34
35 LIMITATIONS OF LIABILITY. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT
36 SHALL NETRONOME OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION,
37 OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY LOSS OF PROFITS, DATA, USE
38 OF THE SOFTWARE, DOCUMENTATION OR EQUIPMENT, OR FOR ANY SPECIAL,
39 INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER
40 DAMAGES, ARISING FROM OR IN CONNECTION WITH THE SOFTWARE EVEN IF
41 NETRONOME OR ITS LICENSORS HAVE BEEN MADE AWARE OF THE POSSIBILITY OF
42 SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
43 LIMITED REMEDY.
44
45 EXPORT COMPLIANCE. LICENSEE shall not use or export or transmit the
46 SOFTWARE, directly or indirectly, to any restricted countries or in any
47 other manner that would violate any applicable US and other export
48 control and other regulations and laws as shall from time to time govern
49 the delivery, license and use of technology, including without limitation
50 the Export Administration Act of 1979, as amended, and any regulations
51 issued thereunder.
52
53 PROHIBITION OF SOFTWARE USE IN HIGH RISK ACTIVITIES AND LIFE
54 SUPPORT APPLICATIONS. The SOFTWARE is not designed, manufactured or
55 intended for use as on-line control equipment in hazardous environments
56 requiring fail-safe performance, such as in the operation of nuclear
57 facilities, aircraft navigation or communications systems, air traffic
58 control, life support systems, human implantation or any other
59 application where product failure could lead to loss of life or
60 catastrophic property damage or weapons systems, in which the failure of
61 the SOFTWARE could lead directly to death, personal injury, or severe
62 physical or environmental damage ("High Risk Activities"). Accordingly
63 NETRONOME and, where applicable, NETRONOME'S third party licensors
64 specifically disclaim any express or implied warranty of fitness for High
65 Risk Activities.
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