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