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authorA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
committerA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
commit2f6caac6019e3182486965f7f09baed7e93e1be9 (patch)
tree2d5d4350a1bbf9bafdb5f0a5260714a6190c668d /licenses/Adaptec-EULA
parenta37f6bfc3fde25205ebac44b82f1586b924c61da (diff)
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The New Plan
ebuild branch has old ebuilds. profiles dir still has CFLAGS. Everything else is removed or modified for changing of upstream to Alpine.
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-Taken from http://www.adaptec.com/adapteccom/templates/driverdetail.aspx?NRMODE=Published&NRNODEGUID=%7b8AF9FA1B-5BBC-46D3-9A6A-4D416EB5560D%7d
-
-ADAPTEC, INC.
-DOWNLOADABLE SOFTWARE LICENSE
-
-This License is granted by Adaptec, Inc., referred to in this License as
-"ADAPTEC" or "we" or "us." ADAPTEC reserves the right to record all activities
-and to use any information obtained in accordance with the privacy policy which
-you can access below.
-
-Directions to Obtain Your File:
-
-CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE EXPORT
-COMPLIANCE REQUIREMENTS SET OUT BELOW. YOU MUST ANSWER THE REQUIRED QUESTION
-TRUTHFULLY TO LET US KNOW WHETHER YOU HAVE READ AND UNDERSTOOD THE TERMS AND
-CONDITIONS AND EXPORT COMPLIANCE REQUIREMENTS AND WHETHER YOU AGREE TO COMPLY.
-YOU MUST CLICK A FURTHER BUTTON TO CONFIRM YOUR ANSWER AND IF YOU ANSWER IN THE
-AFFIRMATIVE, A BINDING LICENSE AGREEMENT ("LICENSE") WILL BE CONCLUDED BETWEEN
-US. YOU MAY THEN PROCEED TO DOWNLOAD THE SOFTWARE.
-
-IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND EXPORT COMPLIANCE
-REQUIREMENTS THEN DO NOT DOWNLOAD THE SOFTWARE. IF YOU WISH TO CANCEL THIS
-LICENSE AT ANY TIME YOU MAY DO SO BY DESTROYING ALL COPIES AND PARTIAL COPIES
-OF THE SOFTWARE WHICH YOU HAVE DOWNLOADED.
-
-YOU ALSO AGREE THAT YOU HAVE ALL NECESSARY INFORMATION IN ORDER TO ENTER INTO
-THIS LICENSE WHETHER UNDER AN APPLICABLE EUROPEAN E-COMMERCE DIRECTIVE OR
-OTHERWISE. IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND REQUIREMENTS, DO
-NOT DOWNLOAD ANY FILES.
-
-Please retain a copy of the License for your files or you may contact ADAPTEC's
-Legal Department at the address listed below for a further copy. This license
-may be concluded in English or the language in which it is drafted by ADAPTEC
-and appears to you online, as applicable. If you are a consumer residing in
-Europe (a "European Consumer") then this License shall not affect your
-statutory rights under the local laws in Europe.
-
-This License grants you a non-exclusive license to use the ADAPTEC Software and
-related documentation ("Software") on the following terms, conditions, and
-export compliance requirements:
-
-If you are NOT an individual consumer residing in Europe then the following
-terms, conditions and export compliance requirements apply and are a part of
-your license: ALL SECTIONS EXCEPT AS SPECIFIED HEREIN.
-
-If you are an individual consumer residing in Europe ("European Consumer") then
-the following terms, conditions and export compliance requirements apply and
-are made part of your License: 1, 2, 3, 4, applicable parts of 6, 7, 9 and the
-first paragraph of export compliance. IF YOU ARE A EUROPEAN CONSUMER THIS
-LICENSE SHALL NOT AFFECT YOUR RIGHTS UNDER THE STATUTORY LAWS OF EUROPE.
-
- 1. Your right to use the Software.You may use the Software in machine
- readable form (i.e. the form you download from us) within a single working
- location. You may copy the Software in the same form solely for back-up
- purposes or use within a single working location. You must reproduce
- ADAPTEC's copyright notice and proprietary legends. These requirements apply
- to European Consumers.
- 2. Restrictions. This Software contains trade secrets and in order to protect
- them you may not: (1) distribute copies of the Software in any manner,
- including, but not limited to, distribution through web site posting; (2)
- decompile, reverse engineer, disassemble, or otherwise reduce the Software to
- a human perceivable form; (3) MODIFY, ADAPT OR TRANSLATE THE SOFTWARE INTO
- ANY OTHER FORM; (4) RENT, LEASE, LOAN, RESELL FOR PROFIT, OR CREATE
- DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART OF IT. These
- requirements apply to European Consumers.
- 3. Ownership. The Software is copyrighted by, proprietary to and a trade
- secret of ADAPTEC. ADAPTEC retains the title, ownership and intellectual
- property rights in and to the Software and all subsequent copies regardless
- of the form or media. The Software is protected by the copyright laws of the
- United States, the European Union, and international copyright treaties. This
- License is not a sale of the Software. These terms apply to European
- consumers.
- 4. Termination. This License is effective until terminated. This License will
- terminate automatically without notice if you fail to comply with any of the
- provisions. Upon termination you shall destroy all copies of the Software
- including any partial copies. This provision applies to European Consumers.
- 5. Disclaimer of Warranty. IF YOU ARE A EUROPEAN CONSUMER THEN THIS SECTION 5
- DOES NOT APPLY TO YOU AND DOES NOT FORM PART OF YOUR LICENSE WITH US. PROCEED
- TO SECTION 6. THE SOFTWARE IS LICENSED TO YOU "AS IS." YOU ACCEPT ALL RISKS
- WHICH MAY ARISE FROM THE DOWNLOADING OF THE SOFTWARE, INCLUDING BUT NOT
- LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING DATA OR SOFTWARE.
- ADAPTEC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS
- ANY WARRANTY OF NON INFRINGEMENT OF THIRD PARTIES' RIGHTS, WARRANTIES OF
- SATISFACTORY QUALITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Some states do
- not allow the exclusion of implied warranties or limitations of how long an
- implied warranty may last, so the above exclusion may not apply to you. You
- may also have other rights which vary from state to state.
- 6. Limitation of Liability. FOR EUROPEAN CONSUMERS: WE WILL NOT BE LIABLE TO
- YOU WHERE YOU SUFFER LOSS WHICH WAS NOT FORESEEABLE TO YOU AND TO US WHEN YOU
- DOWNLOADED THE SOFTWARE (EVEN IF IT RESULTS FROM OUR FAILURE TO COMPLY WITH
- THIS LICENSE OR OUR NEGLIGENCE); WHERE YOU SUFFER ANY BUSINESS LOSS INCLUDING
- LOSS OF REVENUE, PROFITS OR ANTICIPATED SAVINGS (WHETHER THOSE LOSSES ARE THE
- DIRECT OR INDIRECT RESULT OF OUR DEFAULT); OR WHERE YOUR LOSS DOES NOT RESULT
- FROM OUR FAILURE TO COMPLY WITH THIS LICENSE OR OUR NEGLIGENCE. THE SOFTWARE
- HAS BEEN MADE AVAILABLE TO YOU FREE OF CHARGE. YOU MAY AT ANY TIME DOWNLOAD A
- FURTHER COPY OF THE SOFTWARE FREE OF CHARGE TO REPLACE YOUR ORIGINAL COPY OF
- THE SOFTWARE (CONSEQUENTLY, WE AND OUR SUPPLIERS WILL ONLY BE LIABLE TO YOU
- UP TO A MAXIMUM TOTAL LIMIT OF TWO THOUSAND DOLLARS U.S. OR ITS EURO
- EQUIVALENT AT THE TIME A CLAIM IS MADE). OUR MAXIMUM FINANCIAL RESPONSIBILITY
- TO YOU AND THAT OF OUR SUPPLIERS WILL NOT EXCEED THIS LIMIT EVEN IF THE
- ACTUAL LOSS YOU SUFFER IS MORE THAN THAT. HOWEVER, NOTHING IN THIS LICENSE
- SHALL RESTRICT ANY PARTY'S LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY
- ARISING FROM ITS NEGLIGENCE OR FOR FRAUD OR ANY FRAUDULENT MISREPRESENTATION.
-
- ALL OTHERS DOWNLOADING THE SOFTWARE: THE SOFTWARE IS PROVIDED FREE OF CHARGE
- TO YOU, THEREFORE UNDER NO CIRCUMSTANCES EXCEPT AS DESCRIBED HEREIN AND UNDER
- NO LEGAL THEORY, TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL
- ADAPTEC OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON
- FOR ANY ECONOMIC LOSS (INCLUDING LOSS OF PROFIT) OR FOR ANY LOSS OF DATA,
- LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS (IN EACH CASE
- WHETHER DIRECT OR INDIRECT) OR FOR ANY OTHER DIRECT OR INDIRECT, SPECIAL,
- INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER EVEN IF ADAPTEC SHALL
- HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, NOTHING IN
- THIS LICENSE SHALL RESTRICT ANY PARTY'S LIABILITY FOR FRAUD, DEATH OR
- PERSONAL INJURY ARISING FROM ITS NEGLIGENCE OR FOR FRAUD OR ANY FRAUDULENT
- MISREPRESENTATION.
- 7. Export. By downloading, you acknowledge that the laws and regulations of
- the United States and relevant countries within the European Union, restrict
- the export and re-export of the Software. Further, 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. If you are a
- European Consumer you must not export Software outside the country in which
- you download it without our prior written permission. (See below for details
- on Export Compliance Requirements.)
- 8. U.S. Government Restricted Rights. IF YOU ARE A EUROPEAN CONSUMER THEN
- THIS CLAUSE WILL NOT APPLY TO YOU AND DOES NOT FORM PART OF YOUR LICENSE
- AGREEMENT WITH US. PLEASE PROCEED TO SECTION 9. If the Software is acquired
- under the terms of a United States GSA contract, use, reproduction or
- disclosure is subject to the restrictions set forth in the applicable ADP
- Schedule contract. If the Software is acquired under the terms of a DoD or
- civilian agency contract, use, duplication or disclosure by the Government is
- subject to the restrictions of this License in accordance with 48 C.F.R.
- 12.212 of the Federal Acquisition Regulations and its successors and 48
- C.F.R. 227.7202-1 of the DoD FAR Supplement and its successors. (See below
- for details on Export Compliance Requirements.)
- 9. General. California residents entered into and to be performed within
- California, except as governed by Federal law. Should any provision of this
- License be declared unenforceable in any jurisdiction, then such provision
- shall be deemed to be severable from this License and shall not affect the
- remainder hereof. All rights in the Software not specifically granted in this
- License are reserved by Adaptec.
-
-EXPORT COMPLIANCE REQUIREMENTS
-
-Export of any information from the Adaptec web site (including Confidential
-Information obtained through Adaptec Access) outside of the United States is
-subject to all U.S. export control laws. You will abide by such laws and also
-to the provision of the U.S. Export-Re-export Requirements and Enhanced
-Proliferation Control Initiative set forth here. You and your organization will
-not sell, license, or otherwise provide or ship Adaptec products or technical
-data (or the direct product thereof) for export or re-export to the embargoed
-or restricted* countries listed below:
-
- Afghanistan (Taliban controlled area), Cuba, Iran, Iraq, North Korea*, Sudan,
- and Syria*
-
-You agree not to transfer, export or re-export Adaptec products, technology or
-software to your customers or any intermediate entity in the chain of supply if
-our products will be used in the design, development, production, stockpiling
-or use of missiles, chemical or biological weapons or for nuclear end uses
-without obtaining prior authorization from the U.S. Government.
-
-You also agree that unless you receive prior authorization from the U.S.
-Department of Commerce, you shall not transfer, export or re-export, directly
-or indirectly, any Adaptec technology or software (or the direct product of
-such technology or software or any part thereof, or any process or service
-which is the direct product of such technology or software) to any Sanctioned
-and/or Embargoed entity listed on:
-
- * Bureau of Industry and Security's Lists to Check
-
-If you have any questions concerning this License, contact:
-Adaptec, Inc.
-Legal Department
-691 South Milpitas Boulevard
-Milpitas, California 95035