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| 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 |