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