1This license applies to the firmware binary files associated with the
2QLogic qlc hba driver.
3
4THIS PRODUCT CONTAINS COMPUTER PROGRAMS AND RELATED DOCUMENTATION
5("SOFTWARE") THAT BELONG TO QLOGIC CORPORATION ("QLOGIC"), THE USE OF WHICH
6IS SUBJECT TO THIS END USER SOFTWARE LICENSE AGREEMENT ("AGREEMENT") UNLESS
7OTHERWISE AGREED TO IN WRITING BY QLOGIC.  CLICKING ON THE "AGREE" BUTTON
8BELOW, INSTALLING/USING THE SOFTWARE OR ENTERING A LICENSE KEY CONSTITUTES
9ACCEPTANCE BY LICENSEE ("LICENSEE" MEANS YOU OR THE BUSINESS ENTITY ON WHOSE
10BEHALF YOU USE OR INSTALL THE SOFTWARE, AS APPLICABLE) OF ALL THE TERMS AND
11CONDITIONS OF THIS AGREEMENT UNLESS OTHERWISE AGREED TO IN WRITING BY QLOGIC.
12IF LICENSEE DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
13LICENSEE SHALL NOT INSTALL/USE THE SOFTWARE OR ENTER A LICENSE KEY.  WRITTEN
14APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS
15AGREEMENT.
16
171. License Grant.  Subject to the terms and conditions of this
18   Agreement, QLogic grants Licensee a limited, non-exclusive license
19   to redistribute, install, download and/or use the Software (in
20   object code form only) with certain approved products manufactured
21   by or for QLogic and approved products manufactured by or for an OEM
22   customer of QLogic ("QLogic Approved Products").  This license is
23   only available to original end user purchasers of QLogic Approved
24   Products that have been purchased through QLogic authorized
25   distribution channels or approved OEM distribution channels.  This
26   license is not available to any end users of QLogic products who
27   have purchased QLogic products, which have previously been used and
28   the license is not available to any purchaser of QLogic application
29   specific integrated circuits ("ASICs") or any product incorporating
30   an ASIC, unless the product incorporating the ASIC is a QLogic
31   Approved Product.  No rights or licenses in the Software are granted
32   to Licensee other than those rights expressly granted in this
33   Agreement.  Nothing in this License entitles Licensee to any
34   upgrades or updates to, or future releases of, the Software. If
35   Licensee redistributes the Software, then Licensee shall reproduce
36   all copyright notices and must include this Agreement or an
37   agreement which is at least as restrictive as this Agreement.
38
392. Permitted Use.  Licensee may only install and use the Software in
40   accordance with the documentation provided with the Software and
41   with QLogic Approved Products.
42
433. Intellectual Property Rights.  The Software contains or embodies
44   intellectual property of QLogic (or any of its licensors). The
45   structure, organization and code are valuable trade secrets of
46   QLogic (or its licensors). QLogic and/or its licensors do not grant,
47   convey or license to Licensee any rights under any patents,
48   copyrights, trademarks or any other intellectual property except as
49   specifically granted herein. The Software is protected under U.S.
50   copyright laws, international treaty provisions and applicable laws
51   (including patent laws, if applicable) of the country in which it is
52   being used. Any unauthorized duplication of the Software is
53   expressly forbidden.
54
554. Ownership of Software. Notwithstanding anything to the contrary,
56   QLogic and its licensors retain all title to and, except as
57   expressly and unambiguously licensed herein, all rights and interest
58   in (i) the Software, all copies and derivative works thereof (by
59   whomever produced), and (ii) all copyright rights, patent rights,
60   trade secret rights, moral rights and all other intellectual
61   property and proprietary rights anywhere in the world in the
62   Software.  The Software is only licensed to Licensee and is not
63   sold.
64
655. Restrictions and Cooperation.  Licensee shall not (and shall not
66   allow any third party to) (i) decompile, disassemble, or otherwise
67   reverse engineer or attempt to reconstruct or discover any source
68   code, or underlying ideas or algorithms of the Software (except to
69   the extent expressly permitted under applicable law); (ii) provide,
70   lease, lend, use for timesharing or otherwise use or allow others to
71   use the Software to or for the benefit of third parties; (iii)
72   except as specified in the applicable user documentation, modify,
73   incorporate into or with other hardware or software, or create a
74   derivative work of any part of the Software; (iv) disseminate
75   performance information or analysis from any source relating to the
76   Software; (v) make any copies of the Software except as required to
77   use the Software as licensed hereunder, except for one (1) copy
78   solely for archival and back-up purposes,  or (vi) remove any
79   product identification, copyright notice or other proprietary legend
80   from the Software.  Licensee agrees to cooperate with QLogic and its
81   licensors in connection with their efforts to protect their
82   copyright/patent rights and other legal rights in the Software.
83   QLogic may, from time to time, implement additional security
84   measures for the Software, and Licensee shall cooperate with
85   such measures and be responsible for installing upgrades that
86   include such measures.
87
886. Further Obligations.  Licensee shall defend, indemnify and hold
89   QLogic harmless from and against any and all claims, damages,
90   liabilities, costs and expenses (including, without limitation,
91   attorneys" fees) arising out of Licensee"s breach of its obligations
92   under this Agreement.
93
947. Term and Termination.  This Agreement will become effective on the
95   date Licensee clicks on the "Agree" button below or otherwise uses
96   the Software and will remain in force until terminated.  Licensee
97   may terminate this Agreement at any time, and QLogic may terminate
98   this Agreement if Licensee breaches any of the terms or conditions
99   hereunder.  Licensee agrees to destroy or return to QLogic the
100   original and all copies of the Software immediately upon any
101   termination of this Agreement.
102
1038. Confidentiality.  Licensee acknowledges that the Software contains
104   valuable trade secrets of QLogic and other information proprietary
105   to QLogic and its licensors.  Licensee shall: (i)"keep confidential
106   such trade secrets and proprietary information, including without
107   limitation all information concerning ideas and algorithms related
108   to the Software, (ii)"disclose such information only to its
109   employees and agents to the extent required to use the Software
110   under the terms of this Agreement and (iii)"bind its employees,
111   consultants, agents and other third parties in writing to maintain
112   the confidentiality of such trade secrets and proprietary
113   information and not use or disclose such information except as
114   permitted in this Agreement.
115
1169. Limited Warranty and Disclaimer. THE SOFTWARE IS PROVIDED "AS IS"
117   WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY
118   WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
119   NON-INFRINGEMENT.  QLOGIC DOES NOT WARRANT THAT THE SOFTWARE IS
120   ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION.  QLOGIC
121   DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE
122   USE, OR THE RESULTS OF THE USE OF THE SOFTWARE INCLUDING, WITHOUT
123   LIMITATION, THE CORRECTNESS, ACCURACY OR RELIABILITY OF SUCH USE OR
124   RESULTS.
125
12610. Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY LAW,
127    IN NO EVENT WILL QLOGIC BE LIABLE TO LICENSEE OR ANY THIRD PARTY
128    FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING,
129    WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOST SAVINGS, OR FOR
130    THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY
131    EVEN IF QLOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
132    OR FOR ANY CLAIM BY ANY THIRD PARTY.
133
13411. Export.  Licensee represents, warrants and agrees that it will not,
135    directly or indirectly, export, re-export or transmit the Software
136    or any part thereof to any country in which such export, re-export
137    or transmission is restricted by any applicable U.S. regulation or
138    statute, without the prior written consent of both QLogic and, if
139    required, of the Bureau of Export Administration of the U.S.
140    Department of Commerce, or such other governmental entity as may
141    have jurisdiction over such export or transmission. In addition to
142    the above, Software may not, in the absence of authorization by
143    U.S. and local law and regulations, as required, be used by or
144    exported or reexported to (i) any U.S. sanctioned or embargoed
145    country, or to nationals or residents of such countries; or (ii)
146    any person, entity, organization or other party identified on the
147    U.S. Department of Commerce's Denied Persons or Entity List, the
148    U.S. Department of Treasury's Specially Designated Nationals or
149    Blocked Persons Lists, or the Department of State's Debarred
150    Parties List, as published and revised from time to time; or
151    (iii) any party where the end-use involves nuclear,
152    chemical/biological weapons, rocket systems or unmanned air
153    vehicles.
154
15512. Miscellaneous.  A party"s failure to exercise or its delay in
156    exercising any rights hereunder will not be deemed to be a waiver
157    of such right.  If any provision of this Agreement shall be held by
158    any court of competent jurisdiction to be unenforceable or invalid,
159    that provision shall be limited or eliminated to the minimum extent
160    necessary so that this Agreement shall otherwise remain in full
161    force and effect and enforceable.  This Agreement shall be
162    construed pursuant to the laws of the State of California and the
163    United States without regard to conflicts of laws provisions
164    thereof and without regard to the United Nations Convention on
165    Authority for the International Sale of Goods.  Licensee
166    irrevocably submits to the jurisdiction of any state or federal
167    court sitting in the State of California, United States of America,
168    and consents to venue in such forum with respect to any action or
169    proceeding that relates to this Agreement.  No amendment
170    to or modification of this Agreement will be binding unless in
171    writing and signed by a duly authorized officer of QLogic.  The
172    provisions of Sections 3-11 shall survive termination of this
173    Agreement.  This Agreement is in the English language only, which
174    language shall be controlling and any revision of this Agreement in
175    any other language shall not be binding.  Both parties agree that
176    this Agreement is the complete and exclusive statement of the
177    mutual understanding of the parties and supersedes and cancels all
178    previous written and oral agreements and communications relating to
179    the subject matter of this Agreement.  NO VENDOR, DISTRIBUTOR,
180    DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED TO
181    MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION OR
182    PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE
183    REPRESENTATIONS OR PROMISES IN THIS AGREEMENT.
184
185