Any software and documentation (respectively "Software" and "Documentation") provided under this End User License Agreement ("License Agreement") are the copyrighted works of Emulex Corporation ("Emulex") or its licensors. Software may include firmware, drivers and boot code. The Software and Documentation are licensed, not sold. Emulex or its licensors retain all right, title and interest, including without limitation all intellectual property rights, in and to all copies, regardless of form or media, of the Software and Documentation. The Software or Documentation includes any revisions or updates.
Emulex grants the party receiving the Software or Documentation (the "Licensee") a personal, worldwide, nontransferable, nonexclusive, royalty-free right and license to use the Software or Documentation only with Emulex hardware products and without circumventing any security or rights management feature. Any rights not expressly granted herein are reserved. This License Agreement terminates when the Licensee no longer rightfully possesses the associated Emulex hardware product(s), ceases using the Software and Documentation, or breaches any provision of this License Agreement. The Licensee hereunder shall not (1) reverse engineer, reverse compile or reverse assemble all or any part of the Software, (2) disseminate performance information or analysis to any third party, other than solely for product support purposes, from any source relating to the Software, or cause or permit others to do either of both of the foregoing. The Licensee agrees to prevent any unauthorized copying of the Software. In addition, permission to use Documentation is granted, provided that (1) the below copyright notice and this permission notice appears on all copies, (2) use of such Documentation is for informational and non-commercial or personal use only, (3) the Documentation is not copied or posted on any network computer or broadcast in any media to make it available to third parties, and (4) no modification of any Documentation is made. Any use, reproduction or redistribution of the Software or Documentation not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.
The Licensee accepts the terms of this License Agreement by downloading or initial use of a product containing the Software or Documentation.
Copying or reproduction of the Software or Documentation to any other server or location for further reproduction or redistribution to third parties is expressly prohibited, unless specifically authorized in writing by Emulex. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SPECIFIED IN THE LICENSE AGREEMENT, EMULEX HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EMULEX AND ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY FOR ANY PURPOSE OF THE INFORMATION CONTAINED IN THE DOCUMENTATION. ALL SUCH DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EMULEX AND ITS LICENSORS HEREBY DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. The Documentation could include technical inaccuracies or typographical errors. Emulex and its licensors reserve the right to make changes to the Software or Documentation described herein at any time without notice. IN NO EVENT SHALL EMULEX AND ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTATION, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES.
RESTRICTED RIGHTS LEGEND. The Software may be provided to units or agencies of the U.S. government only as "commercial computer software," "restricted computer software," or with "restricted rights" as defined in applicable regulations, and may not be provided as source code. Manufacturer is Emulex Design & Manufacturing Corporation, 3333 Susan St., Costa Mesa, CA 92626.
TRADEMARKS; COPYRIGHT NOTICE. Emulex or Emulex products referenced herein are either trademarks or registered trademarks of Emulex. Copyright © 2006 Emulex or its licensors. All rights reserved.
CHOICE OF LAW; SEVERABILITY. The laws of the State of California, without giving effect to its conflicts of laws principles, govern all matters arising out of or relating to this License Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement. If any term or condition of this Agreement is held invalid, illegal or unenforceable by a court of competent jurisdiction, all the other terms and conditions shall survive.
ENTIRE AGREEMENT. Emulex may modify this License Agreement from time to time. Any amendments or modifications may be provided to you through on-line notice. This is the complete agreement between the parties regarding the subject matter hereof, and, except as expressly permitted hereunder, may be changed only by a written agreement executed by authorized representatives of the parties.Last updated: September 5, 2006.