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diff --git a/licenses/3ware b/licenses/3ware deleted file mode 100644 index feaac46da..000000000 --- a/licenses/3ware +++ /dev/null @@ -1,130 +0,0 @@ -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 |