1 Copyright © 2015, Cavium, Inc. All rights reserved.
2
3 Software License Agreement
4
5 ANY USE, REPRODUCTION, OR DISTRIBUTION OF THE ACCOMPANYING BINARY SOFTWARE
6 CONSTITUTES LICENSEEE'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
7
8 Licensed Software. Subject to the terms and conditions of this Agreement,
9 Cavium, Inc. ("Cavium") grants to Licensee a worldwide, non-exclusive, and
10 royalty-free license to use, reproduce, and distribute the binary software in
11 its complete and unmodified form as provided by Cavium.
12
13 Restrictions. Licensee must reproduce the Cavium copyright notice above with
14 each binary software copy. Licensee must not reverse engineer, decompile,
15 disassemble or modify in any way the binary software. Licensee must not use
16 the binary software in violation of any applicable law or regulation. This
17 Agreement shall automatically terminate upon Licensee's breach of any term or
18 condition of this Agreement in which case, Licensee shall destroy all copies of
19 the binary software.
20
21 Warranty Disclaimer. THE LICENSED SOFTWARE IS OFFERED "AS IS," AND CAVIUM
22 GRANTS AND LICENSEE RECEIVES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS,
23 IMPLIED, STATUTORY, OR BY COURSE OF COMMUNICATION OR DEALING WITH LICENSEE, OR
24 OTHERWISE. CAVIUM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED
25 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
26 NONINFRINGEMENT OF THIRD PARTY RIGHTS, CONCERNING THE LICENSED SOFTWARE,
27 DERIVATIVE WORKS, OR ANY DOCUMENTATION PROVIDED WITH THE FOREGOING. WITHOUT
28 LIMITING THE GENERALITY OF THE FOREGOING, CAVIUM DOES NOT WARRANT THAT THE
29 LICENSED SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, AND
30 CAVIUM GRANTS NO WARRANTY REGARDING ITS USE OR THE RESULTS THEREFROM, INCLUDING
31 ITS CORRECTNESS, ACCURACY, OR RELIABILITY.
32
33 Limitation of Liability. IN NO EVENT WILL LICENSEE, CAVIUM, OR ANY OF CAVIUM'S
34 LICENSORS HAVE ANY LIABILITY HEREUNDER FOR ANY INDIRECT, SPECIAL, OR
35 CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
36 FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT
37 OF THIS AGREEMENT, INCLUDING DAMAGES FOR LOSS OF PROFITS, OR THE COST OF
38 PROCUREMENT OF SUBSTITUTE GOODS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
39 POSSIBILITY OF SUCH DAMAGES.
40
41 Export and Import Laws. Licensee acknowledges and agrees that the Licensed
42 Software (including technical data and related technology) may be controlled by
43 the export control laws, rules, regulations, restrictions and national security
44 controls of the United States and other applicable foreign agencies (the
45 "Export Controls"), and agrees not export or re-export, or allow the export or
46 re-export of export-controlled the Licensed Software (including technical data
47 and related technology) or any copy, portion or direct product of the foregoing
48 in violation of the Export Controls. Licensee hereby represents that
49 (i) Licensee is not an entity or person to whom provision of the Licensed
50 Software (including technical data and related technology) is restricted or
51 prohibited by the Export Controls; and (ii) Licensee will not export, re-export
52 or otherwise transfer the export-controlled Licensed Software (including
53 technical data and related technology) in violation of U.S. sanction programs
54 or export control regulations to (a) any country, or national or resident of
55 any country, subject to a United States trade embargo, (b) any person or entity
56 to whom shipment is restricted or prohibited by the Export Controls, or
57 (c) anyone who is engaged in activities related to the design, development,
58 production, or use of nuclear materials, nuclear facilities, nuclear weapons,
59 missiles or chemical or biological weapons.
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