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diff --git a/licenses/Adaptec-EULA b/licenses/Adaptec-EULA deleted file mode 100644 index 8251d92fd..000000000 --- a/licenses/Adaptec-EULA +++ /dev/null @@ -1,176 +0,0 @@ -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 |