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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
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+End-user Software Download License Agreement
+
+Please read this document carefully before proceeding. This Software License
+Agreement (the Agreement) licenses the software to you and contains warranty
+and liability disclaimers. By opening the package or installing or using the
+software, you are confirming your acceptance of the software and agreeing to
+become bound by the terms of this Agreement.
+
+1. Definitions.
+
+(a) Open Source Software is defined in Section 5 below.
+(b) 3ware Software means the software program covered by this Agreement, and
+ all related updates supplied by 3ware.
+(c) 3ware Product means the 3ware Software and any related documentation,
+ models and multimedia content (such as animation, sound and graphics), and
+ all related updates supplied by 3ware.
+
+2. License. This Agreement allows you to:
+
+(a) Use the 3ware Product on a single computer.
+
+(b) Make one copy of the 3ware Product in machine-readable form solely for
+ backup purposes. You must reproduce on any such copy all copyright notices
+ and any other proprietary legends found on the original.
+
+(c) Certain rights are not granted under this Agreement, but may be
+ available under a separate agreement. If you would like to enter into a
+ Site or Network License, please contact 3ware.
+
+3. Restrictions.
+
+You may not make or distribute copies of the 3ware Product, or electronically
+transfer the software from one computer to another over a network. You may not
+use the software from multiple locations of a multi-user or networked system at
+any one time. The software contains trade secrets and in order to protect them,
+you may not de-compile, reverse engineer, disassemble, or otherwise reduce the
+3ware Software to a human-perceivable form. You may not modify, sell, rent,
+transfer, sublicense, resell for profit, network, distribute or create
+derivative works based upon the 3ware Product or any part thereof. You will not
+export or re-export, directly or indirectly, the 3ware Product into any country
+prohibited by the United States Export Administration Act and the regulations
+thereunder.
+
+4. Ownership.
+
+The foregoing license gives you limited rights to use the 3ware Product. You do
+not become the owner of, and 3ware and, if applicable, any licensors, retain
+title to, the 3ware Product, and all copies, regardless of form or media,
+thereof. All rights not specifically granted in this Agreement, including
+Federal and International Copyrights, are reserved by 3ware.
+
+5. Open Source Software.
+
+Notwithstanding anything to the contrary, the licenses set forth in this
+Agreement do not extend to software or materials which may be made available by
+3ware, or otherwise obtained or used by you, subject to a General Public
+License (GPL), Library General Public License (LGPL) (copies of which are
+available on the world wide web at http://www.gnu.org/copyleft/gpl.html) or
+other open source terms (collectively, Open Source Software). You agree that
+all Open Source Software (if any) shall be and shall remain subject to the
+terms and conditions under which it is provided. It is understood that such
+terms and conditions may require the source code (including derivative works
+and collective works) to be made available to the public for use in accordance
+with the applicable open source terms and conditions. You agree not to use or
+combine the Open Source Software with the 3ware Software or Product or other
+items in any manner that would subject the 3ware Software or Product or 3wares
+confidential information to open source terms and conditions.
+
+6. Term.
+
+This license is effective until terminated. You may terminate it at any time by
+destroying the Software and documentation together with all copies and merged
+portions in any form. It will also terminate immediately if you fail to comply
+with any term or condition of this License Agreement. Upon such termination you
+agree to destroy the Software and documentation, together with all copies and
+merged portions in any form.
+
+7. Disclaimer of warranties and of technical support.
+
+THE 3WARE PRODUCT IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS IS" BASIS,
+WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND FROM 3WARE INCLUDING,
+WITHOUT LIMITATION, A WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
+PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
+WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
+OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. THESE LIMITATIONS OR
+EXCLUSIONS OF WARRANTIES AND LIABILITY DO NOT AFFECT OR PREJUDICE THE STATUTORY
+RIGHTS OF A CONSUMER; I.E., A PERSON ACQUIRING GOODS OTHERWISE THAN IN THE
+COURSE OF A BUSINESS.
+
+8. Limitation of damages.
+
+NEITHER 3WARE NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL,
+INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF
+BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
+TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF 3WARE OR
+ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
+STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
+CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
+THE LIMITED WARRANTY, EXCLUSIVE REMEDIES AND LIMITED LIABILITY SET FORTH ABOVE
+ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 3WARE AND YOU. YOU
+AGREE THAT 3WARE WOULD NOT BE ABLE TO PROVIDE THE 3WARE SOFTWARE ON AN ECONOMIC
+BASIS WITHOUT SUCH LIMITATIONS.
+
+9. Export.
+
+You acknowledge that the laws and regulations of the United States restrict the
+export and re-export of Software. You agree that you will not export or
+re-export the Software or media in any form without the appropriate United
+States and foreign government approval.
+
+10.Government end users (USA only).
+
+RESTRICTED RIGHTS LEGEND The 3ware Software is "Restricted Computer Software."
+Use, duplication, or disclosure by the U.S. Government is subject to
+restrictions as set forth in this Agreement and as provided in DFARS
+227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR
+12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable." Manufacturer:
+3ware, Inc., 455 West Maude Avenue, Sunnyvale, California 94085.
+
+11. General.
+
+This Agreement shall be governed by the internal laws of the State of
+California. This Agreement contains the complete agreement between the parties
+with respect to the subject matter hereof, and supersedes all prior or
+contemporaneous agreements or understandings, whether oral or written. This
+Agreement may be amended only in writing, signed by both parties. Any attempted
+oral modification shall be void and without any effect. All questions
+concerning this Agreement shall be directed to: 3ware, Inc., 455 West Maude
+Avenue, Sunnyvale, California 94085. Attention: General Counsel. DiskSwitch
+End-User Software Download License Agreement 6/14/02