| 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. |