End User License Agreement (EULA) | |
IMPORTANT - READ CAREFULLY BEFORE INSTALLING: | |
THIS END-USER LICENSE AGREEMENT is a legal contract between SUPER MICRO | |
COMPUTER, INC. ("SUPERMICRO") and the individual or entity which | |
downloads, installs or otherwise uses the attached SUPERMICRO software | |
product ("the Software "). | |
BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT, WHICH | |
WILL INSTALL THE ATTACHED SOFTWARE, OR BY OTHERWISE INSTALLING OR USING | |
THE SOFTWARE, THE INDIVIDUAL OR ENTITY WHICH INSTALLS OR USES THE SOFTWARE | |
("LICENSEE") AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO | |
NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON | |
AND THE INSTALLATION PROCESS WILL NOT CONTINUE. | |
1. License: This Agreement grants you, the Licensee, a limited, | |
non-exclusive, global, non-transferable license to download the Software, | |
install on SUPERMICRO's products, and distribute the Software in | |
combination with SUPERMICRO's products ("License"). | |
2. General Public License/Lesser General Public License. Certain | |
components of the Software may be subject to the GNU GPL or LGPL terms and | |
conditions available for viewing at http://www.gnu.org/copyleft/gpl.html | |
and http://www.gnu.org/copyleft/lesser.html or as otherwise designated. To | |
the extent you receive Software under this License which contains | |
components subject to the GPL or LGPL terms, you agree to be bound by all | |
the terms and restrictions therein including keeping all copyright notices | |
in tact for the duration of your use of the Software and modifying and/or | |
redistributing such components only in accordance with the terms of the | |
GNU GPL or LGPL terms. | |
3. Restrictions: The Licensee may NOT sublicense, assign, reproduce or | |
distribute copies of the Software to others except as otherwise provided | |
herein. The Software contains trade secrets. The Licensee may NOT | |
decompile, reverse engineer, disassemble, or otherwise reduce the Software | |
to a human readable form. THE LICENSEE MAY NOT MODIFY, ADAPT, TRANSLATE, | |
RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR | |
TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE | |
OR ANY PART THEREOF, EXCEPT AS EXPRESSLY AGREED TO IN WRITING BY | |
SUPERMICRO. | |
4. Copyright Protection: Except to the extent the Software was licensed to | |
SUPERMICRO by its licensor, the Software and all related documentation are | |
owned by SUPERMICRO and are protected by United States' copyright laws and | |
international treaty provisions. Any copying or redistribution, except as | |
expressly permitted by this Agreement is a violation of the law. You may | |
not remove or alter any copyright, trade secret, patent, trademark, trade | |
name, logo, product designation or other proprietary and/or other legal | |
notices contained in or on the Software. These legal notices must be | |
retained on any copies of the Software. Except as otherwise expressly | |
provided, this License grants no express or implied rights under the | |
respective patents, copyrights, trademarks or other intellectual property | |
rights of SUPERMICRO or its licensors. | |
5. Termination: This License is effective until terminated. This License | |
will terminate immediately without notice from SUPERMICRO if the Licensee | |
fails to comply with any of its provisions. Upon termination the Licensee | |
must destroy the Software and all copies thereof, and the Licensee may | |
terminate this License at any time by doing so. | |
6. No Warranty: THE SOFTWARE IS DELIVERED TO LICENSEE "AS-IS". SUPERMICRO | |
AND ITS SUPPLIERS AND RESELLERS MAKE NO WARRANTY AS TO THE USE OR | |
PERFORMANCE OF THE SOFTWARE OF ANY KIND. SUPERMICRO AND ITS SUPPLIERS AND | |
RESELLERS DO NOT WARRANT THAT THE SOFTWARE IS FREE OF DEFECTS, | |
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD | |
PARTY RIGHTS, AND DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, | |
WITH RESPECT TO THE SOFTWARE, ITS USE, PERFORMANCE OR APPLICATION, THE | |
DISKETTE OR OTHER TANGIBLE MEDIA ON WHICH THE SOFTWARE IS DELIVERED, OR | |
ANY INFORMATION PROVIDED REGARDING THE SOFTWARE. | |
7. Limitation of Liability: IN NO EVENT WILL SUPERMICRO OR ITS LICENSORS | |
BE LIABLE TO LICENSEE FOR ANY DAMAGES INCLUDING ANY LOST PROFITS, LOST | |
SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUPERMICRO | |
OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR | |
FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL THE LIABILITY OF | |
SUPERMICRO OR ITS LICENSORS, WHETHER IN CONTRACT, TORT (INCLUDING | |
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU | |
UNDER THIS LICENSE. | |
8. General: California law, except as to copyright matters, which are | |
covered by Federal law, and its principals of conflict of laws, shall | |
govern this Agreement. This Agreement will not be governed by the conflict | |
of law rules of any jurisdiction or the United Nations Convention of | |
Contracts for the Sale of Goods. The parties hereby consent to the | |
exclusive personal jurisdiction of and venue in a court of competent | |
jurisdiction located in Santa Clara County is the State of California. Any | |
cause of action or claim with respect to the Software provided under this | |
Agreement must be commenced within one (1) year after the claim or cause | |
of action arises or such claim or cause of action is barred. Should any | |
provision of this Agreement be declared unenforceable by a court of | |
competent jurisdiction, then such provision shall be deemed severable from | |
this Agreement and changed and interpreted so as to best accomplish the | |
objectives of the original provision to the fullest extent allowed by law. | |
Such an event shall not affect the remainder hereof and the remaining | |
provisions shall remain in full force and effect. SUPERMICRO reserves all | |
rights in the Software not specifically granted in this Agreement. The | |
Licensee agrees to indemnify, defend and hold SUPERMICRO harmless from any | |
and all expenses, judgments, penalties, or other liabilities by reason of | |
its failure to comply with any provisions under this Agreement. | |
9. Export Regulations. All Software and technical data delivered under | |
this License are subject to U.S. export control laws and may be subject to | |
export or import regulations in other countries. You may not use or | |
otherwise export or re-export the Software except as authorized by U.S. | |
law and the laws of the jurisdiction in which the Software was obtained. | |
You agree to comply strictly with all such laws and regulations and | |
acknowledge that the Software may not be exported or re-exported (i) into | |
(or to a national or resident of) any U.S. embargoed country or (ii) to | |
anyone on the U.S. Treasury Department's list of Specially Designated | |
Nationals or the U.S. Commerce Department's Table of Denial Orders (each, | |
a "List"). By using the Software, you represent and warranty that you are | |
not located in, under the control of, or a national or resident of any | |
such country or on any such List. | |
10. Acknowledgment and Exclusivity. LICENSEE ACKNOWLEDGES THAT IT HAS READ | |
THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND | |
CONDITIONS. LICENSEE FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE | |
STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERCEDES ANY PROPOSAL OR | |
PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE | |
PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. No provision | |
appearing on any form originated by Licensee shall be applicable or have | |
any force or effect unless such provision is expressly accepted in writing | |
by an officer of SUPERMICRO. This Agreement cannot be modified by purchase | |
orders or other forms, advertisements, or oral or written representations | |
of representatives of Licensee or SUPERMICRO, or anyone else, unless a | |
written amendment has been signed by a SUPERMICRO officer. |