| This License is granted by Microsemi Corporation, referred to in this License |
| as "PMC-Sierra" or "ADAPTEC Inc" or "ADAPTEC" or "we" or "us." Microsemi |
| 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: |
| |
| Microsemi Corporation |
| Legal Department |
| 1380 Bordeaux Drive |
| Sunnyvale, CA 94089 |
| Phone: (408) 239-8000 |