xref: /illumos-gate/usr/src/uts/common/io/fibre-channel/fca/qlc/FIRMWARELICENSE (revision 6a634c9d)

This license applies to the firmware binary files associated with the
QLogic qlc hba driver.

THIS PRODUCT CONTAINS COMPUTER PROGRAMS AND RELATED DOCUMENTATION
("SOFTWARE") THAT BELONG TO QLOGIC CORPORATION ("QLOGIC"), THE USE OF WHICH
IS SUBJECT TO THIS END USER SOFTWARE LICENSE AGREEMENT ("AGREEMENT") UNLESS
OTHERWISE AGREED TO IN WRITING BY QLOGIC.  CLICKING ON THE "AGREE" BUTTON
BELOW, INSTALLING/USING THE SOFTWARE OR ENTERING A LICENSE KEY CONSTITUTES
ACCEPTANCE BY LICENSEE ("LICENSEE" MEANS YOU OR THE BUSINESS ENTITY ON WHOSE
BEHALF YOU USE OR INSTALL THE SOFTWARE, AS APPLICABLE) OF ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT UNLESS OTHERWISE AGREED TO IN WRITING BY QLOGIC.
IF LICENSEE DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
LICENSEE SHALL NOT INSTALL/USE THE SOFTWARE OR ENTER A LICENSE KEY.  WRITTEN
APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS
AGREEMENT.

1. License Grant.  Subject to the terms and conditions of this
   Agreement, QLogic grants Licensee a limited, non-exclusive license
   to redistribute, install, download and/or use the Software (in
   object code form only) with certain approved products manufactured
   by or for QLogic and approved products manufactured by or for an OEM
   customer of QLogic ("QLogic Approved Products").  This license is
   only available to original end user purchasers of QLogic Approved
   Products that have been purchased through QLogic authorized
   distribution channels or approved OEM distribution channels.  This
   license is not available to any end users of QLogic products who
   have purchased QLogic products, which have previously been used and
   the license is not available to any purchaser of QLogic application
   specific integrated circuits ("ASICs") or any product incorporating
   an ASIC, unless the product incorporating the ASIC is a QLogic
   Approved Product.  No rights or licenses in the Software are granted
   to Licensee other than those rights expressly granted in this
   Agreement.  Nothing in this License entitles Licensee to any
   upgrades or updates to, or future releases of, the Software. If
   Licensee redistributes the Software, then Licensee shall reproduce
   all copyright notices and must include this Agreement or an
   agreement which is at least as restrictive as this Agreement.

2. Permitted Use.  Licensee may only install and use the Software in
   accordance with the documentation provided with the Software and
   with QLogic Approved Products.

3. Intellectual Property Rights.  The Software contains or embodies
   intellectual property of QLogic (or any of its licensors). The
   structure, organization and code are valuable trade secrets of
   QLogic (or its licensors). QLogic and/or its licensors do not grant,
   convey or license to Licensee any rights under any patents,
   copyrights, trademarks or any other intellectual property except as
   specifically granted herein. The Software is protected under U.S.
   copyright laws, international treaty provisions and applicable laws
   (including patent laws, if applicable) of the country in which it is
   being used. Any unauthorized duplication of the Software is
   expressly forbidden.

4. Ownership of Software. Notwithstanding anything to the contrary,
   QLogic and its licensors retain all title to and, except as
   expressly and unambiguously licensed herein, all rights and interest
   in (i) the Software, all copies and derivative works thereof (by
   whomever produced), and (ii) all copyright rights, patent rights,
   trade secret rights, moral rights and all other intellectual
   property and proprietary rights anywhere in the world in the
   Software.  The Software is only licensed to Licensee and is not
   sold.

5. Restrictions and Cooperation.  Licensee shall not (and shall not
   allow any third party to) (i) decompile, disassemble, or otherwise
   reverse engineer or attempt to reconstruct or discover any source
   code, or underlying ideas or algorithms of the Software (except to
   the extent expressly permitted under applicable law); (ii) provide,
   lease, lend, use for timesharing or otherwise use or allow others to
   use the Software to or for the benefit of third parties; (iii)
   except as specified in the applicable user documentation, modify,
   incorporate into or with other hardware or software, or create a
   derivative work of any part of the Software; (iv) disseminate
   performance information or analysis from any source relating to the
   Software; (v) make any copies of the Software except as required to
   use the Software as licensed hereunder, except for one (1) copy
   solely for archival and back-up purposes,  or (vi) remove any
   product identification, copyright notice or other proprietary legend
   from the Software.  Licensee agrees to cooperate with QLogic and its
   licensors in connection with their efforts to protect their
   copyright/patent rights and other legal rights in the Software.
   QLogic may, from time to time, implement additional security
   measures for the Software, and Licensee shall cooperate with
   such measures and be responsible for installing upgrades that
   include such measures.

6. Further Obligations.  Licensee shall defend, indemnify and hold
   QLogic harmless from and against any and all claims, damages,
   liabilities, costs and expenses (including, without limitation,
   attorneys" fees) arising out of Licensee"s breach of its obligations
   under this Agreement.

7. Term and Termination.  This Agreement will become effective on the
   date Licensee clicks on the "Agree" button below or otherwise uses
   the Software and will remain in force until terminated.  Licensee
   may terminate this Agreement at any time, and QLogic may terminate
   this Agreement if Licensee breaches any of the terms or conditions
   hereunder.  Licensee agrees to destroy or return to QLogic the
   original and all copies of the Software immediately upon any
   termination of this Agreement.

8. Confidentiality.  Licensee acknowledges that the Software contains
   valuable trade secrets of QLogic and other information proprietary
   to QLogic and its licensors.  Licensee shall: (i)"keep confidential
   such trade secrets and proprietary information, including without
   limitation all information concerning ideas and algorithms related
   to the Software, (ii)"disclose such information only to its
   employees and agents to the extent required to use the Software
   under the terms of this Agreement and (iii)"bind its employees,
   consultants, agents and other third parties in writing to maintain
   the confidentiality of such trade secrets and proprietary
   information and not use or disclose such information except as
   permitted in this Agreement.

9. Limited Warranty and Disclaimer. THE SOFTWARE IS PROVIDED "AS IS"
   WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY
   WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
   NON-INFRINGEMENT.  QLOGIC DOES NOT WARRANT THAT THE SOFTWARE IS
   ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION.  QLOGIC
   DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE
   USE, OR THE RESULTS OF THE USE OF THE SOFTWARE INCLUDING, WITHOUT
   LIMITATION, THE CORRECTNESS, ACCURACY OR RELIABILITY OF SUCH USE OR
   RESULTS.

10. Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY LAW,
    IN NO EVENT WILL QLOGIC BE LIABLE TO LICENSEE OR ANY THIRD PARTY
    FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING,
    WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOST SAVINGS, OR FOR
    THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY
    EVEN IF QLOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
    OR FOR ANY CLAIM BY ANY THIRD PARTY.

11. Export.  Licensee represents, warrants and agrees that it will not,
    directly or indirectly, export, re-export or transmit the Software
    or any part thereof to any country in which such export, re-export
    or transmission is restricted by any applicable U.S. regulation or
    statute, without the prior written consent of both QLogic and, if
    required, of the Bureau of Export Administration of the U.S.
    Department of Commerce, or such other governmental entity as may
    have jurisdiction over such export or transmission. In addition to
    the above, Software may not, in the absence of authorization by
    U.S. and local law and regulations, as required, be used by or
    exported or reexported to (i) any U.S. sanctioned or embargoed
    country, or to nationals or residents of such countries; or (ii)
    any person, entity, organization or other party identified on the
    U.S. Department of Commerce's Denied Persons or Entity List, the
    U.S. Department of Treasury's Specially Designated Nationals or
    Blocked Persons Lists, or the Department of State's Debarred
    Parties List, as published and revised from time to time; or
    (iii) any party where the end-use involves nuclear,
    chemical/biological weapons, rocket systems or unmanned air
    vehicles.

12. Miscellaneous.  A party"s failure to exercise or its delay in
    exercising any rights hereunder will not be deemed to be a waiver
    of such right.  If any provision of this Agreement shall be held by
    any court of competent jurisdiction to be unenforceable or invalid,
    that provision shall be limited or eliminated to the minimum extent
    necessary so that this Agreement shall otherwise remain in full
    force and effect and enforceable.  This Agreement shall be
    construed pursuant to the laws of the State of California and the
    United States without regard to conflicts of laws provisions
    thereof and without regard to the United Nations Convention on
    Authority for the International Sale of Goods.  Licensee
    irrevocably submits to the jurisdiction of any state or federal
    court sitting in the State of California, United States of America,
    and consents to venue in such forum with respect to any action or
    proceeding that relates to this Agreement.  No amendment
    to or modification of this Agreement will be binding unless in
    writing and signed by a duly authorized officer of QLogic.  The
    provisions of Sections 3-11 shall survive termination of this
    Agreement.  This Agreement is in the English language only, which
    language shall be controlling and any revision of this Agreement in
    any other language shall not be binding.  Both parties agree that
    this Agreement is the complete and exclusive statement of the
    mutual understanding of the parties and supersedes and cancels all
    previous written and oral agreements and communications relating to
    the subject matter of this Agreement.  NO VENDOR, DISTRIBUTOR,
    DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED TO
    MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION OR
    PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE
    REPRESENTATIONS OR PROMISES IN THIS AGREEMENT.