Format: http://www.debian.org/doc/packaging-manuals/copyright-format/1.0/
Upstream-Name: solar-capture-python
Source: http://www.solarflare.com

Files: *
Copyright: 2015 – 2019 Xilinx, Inc. <support@solarflare.com>
License: Proprietary
 SOLARFLARE COMMUNICATIONS, INC.
 SOFTWARE LICENSE AGREEMENT
 .
 This Software License Agreement (Agreement) is a legal agreement between
 Solarflare Communications, Inc. (Solarflare) and the purchaser of the
 Equipment (Licensee).
 .
 1.	DEFINITIONS
 .
     1.1 "Documentation" means such manuals, documentation and any other
 supporting materials relating to the Software Program as are currently
 maintained by Solarflare and generally provided to its licensees.
     1.2 "Equipment" means the Solarflare or third party hardware on which
 the Software Program has been or may be installed.
     1.3 "Licensed Materials" means the Software Programs and Source Code
 together.
     1.4 "Software Program" means the object code version of the computer
 software obtained by Licensee under this Agreement, any extracts from such
 software, derivative works of such software or collective works
 constituting such software (such as subsequent releases) to the extent
 offered to Licensee under this Agreement, and the related Documentation.
     1.5 "Source Code" means the human-readable computer programming code,
 associated procedural code, listings, flow charts, logic diagrams, tools,
 executables, libraries, scripts and related and supporting documentation
 corresponding to the Software Program (including assembly, linkage and
 other utilities).
 .
 2.	SOFTWARE LICENSE
 .
     2.1 License.  Subject to the terms and conditions of this Agreement,
 Solarflare grants to Licensee a nonexclusive, nontransferable,
 nonsublicensable, royalty-free, fully paid-up license to use the Software
 Programs, subject to the following limitations:
          (a) Licensee shall use the Software Programs for its internal
 purposes only.  In no event shall the Software Programs be disclosed, made
 available to or used for the benefit of any third party; sold, assigned,
 leased, resold or distributed or otherwise disposed of; or commercially
 exploited or marketed in any way, with or without charge, by Licensee or
 any of Licensee's employees or agents.
          (b) The license granted hereunder is limited to use of the
 Software Program on the specified Equipment.  In no event shall Licensee
 use or install the Software Programs on any hardware or equipment other
 than the Equipment.
          (c) Licensee shall not copy the Software Programs, except for
 archival or backup purposes or as required by normal installation
 procedures specified by Solarflare.  Licensee shall affix any proprietary
 markings or legends placed upon or contained within the Software Programs
 to any copies of the Software Programs permitted hereunder.
          (d) Except to the extent permitted by applicable law
 notwithstanding this restriction or as otherwise specifically authorized
 herein as to the Source Code, Licensee shall not copy, modify, translate,
 decompile, disassemble or otherwise reverse engineer, or otherwise
 determine or attempt to determine source code or protocols from, the
 executable code of the Software Programs, or create any derivative works
 based upon the Software Programs or Documentation, and Licensee shall not
 permit or authorize anyone else to do so. Licensee also agrees that any
 works created in violation of this subsection are derivative works and, as
 such, Licensee assigns all right, title and interest therein to Solarflare.
 .
     2.2 Source Code License.  Subject to the terms and conditions of this
 Agreement, Solarflare grants to Licensee a nonexclusive, nontransferable,
 nonsublicensable, royalty-free, fully paid-up license to modify, translate,
 convert, recompile, upgrade and otherwise prepare derivative versions of
 the Source Code solely as necessary to (a) integrate the Software Programs
 with the Equipment and integrate the Software Programs installed on such
 Equipment with Licensee's other systems and programs.  Solarflare shall
 retain all rights, title and interest in or to any modifications,
 translations, conversions or derivative works to or of the Software
 Programs developed by or on behalf of Licensee using the Source Code and
 all intellectual property rights in and to any such modifications shall
 vest exclusively in Solarflare.
 .
     2.3 Documentation License.  Licensee may, at its own expense, make a
 reasonable number of copies of the Documentation as may be necessary to use
 the Software. Any and all such copies shall be and remain Documentation,
 subject to the terms and conditions of this Agreement.  Licensee shall not
 remove, and shall affix to the media upon which it is copied, any
 proprietary markings or legends placed upon or contained within the
 Licensed Materials or Documentation.
 .
     2.4 Ownership.  As between Solarflare and Licensee, Solarflare retains
 all right, title and interest, including, without limitation, all patent
 rights, copyrights, trademarks and trade secrets, in and to the Licensed
 Materials and any portion thereof, including, without limitation, any copy
 or derivative work of the Licensed Materials (or any portion thereof) and
 any update thereto or any combination of the Licensed Materials with any
 other products, equipment or software. Licensee agrees to take any action
 reasonably requested by Solarflare to evidence, maintain, enforce or defend
 the foregoing. Licensee shall not take any action to jeopardize, limit or
 interfere in any manner with Solarflare's ownership of and rights with
 respect to the Licensed Materials, or any derivative work thereof or update
 thereto. Licensee shall have only those rights in or to the Licensed
 Materials and any derivative work thereof or update thereto granted to it
 pursuant to this Agreement.  Any rights to the Licensed Materials not
 granted herein are reserved by Solarflare.
 .
 3.	DELIVERY
 .
 The Software Program may come preinstalled on the Equipment or Solarflare
 may make Software Program and other Licensed Materials available to
 Licensee for download via a secure download site. For each license granted
 hereunder, Solarflare shall provide one set of Documentation for the
 appropriate Software Program.
 .
 4.	SUPPORT
 .
 Solarflare makes support and maintenance services available for the
 Software Programs under a separate agreement.  No support or maintenance
 services are provided by Solarflare under this Agreement.
 .
 5.	LIMITED WARRANTY
 .
 SOLARFLARE MAKES THE SOFTWARE PROGRAM AVAILABLE TO LICENSEE "AS IS",
 WITHOUT ANY WARRANTY AND SOLARFLARE HEREBY EXPRESSLY DISCLAIMS ALL
 WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES
 OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND
 NONINFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF
 DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
 .
 6.	TERM AND TERMINATION
 .
 This Agreement shall commence on the date Licensee accepts its terms and
 shall continue in effect until terminated pursuant to the terms hereof.
 Either party may terminate this Agreement immediately upon written notice
 to the other party if the other party fails to perform any of its duties or
 obligations hereunder and fails to cure such default within thirty (30)
 days after receipt of written notice from the non-defaulting party
 specifying the occurrence or existence of the default.  Upon termination of
 this Agreement, the provisions of Sections 2.1 and 2.4 and Articles 6, 7,
 8, 9, 10 shall survive; provided, however, if Solarflare terminates this
 Agreement pursuant to this Section 6, the licenses granted in Section 2.1
 shall terminate on the date of termination of this Agreement and shall not
 survive.  Except as otherwise set forth herein, Licensee's license pursuant
 to Section 2.1 shall survive expiration or termination of this Agreement
 subject to Licensee's continued compliance with the all of the terms and
 conditions contained herein.
 .
 7.	CONFIDENTIAL INFORMATION
 .
 Licensee shall treat and hold the Licensed Materials and the terms of this
 Agreement in strict confidence and shall restrict access to the Licensed
 Materials to Licensee's employees or third party contractors of Licensee
 performing services for or on behalf of Licensee. To the extent the
 performance of its obligations under this Agreement requires Solarflare to
 be exposed to any information that is identified prior to disclosure by
 Licensee as being confidential or proprietary, Solarflare shall not
 disclose such information to any third parties and shall use such
 information only to the extent necessary to perform its obligations under
 this Agreement; provided, however, no such obligations shall apply to
 information in the public domain, received from third parties under no
 obligation of confidentiality or previously known by Licensee. Solarflare
 shall hold the terms of this Agreement in confidence, but may reasonably
 use the name of Licensee, and a description of Licensee's use of the
 Licensed Materials, in advertising and promotional literature. Any test
 results or data regarding performance of the Software Program shall
 constitute confidential and proprietary information of Solarflare and shall
 not be used or disclosed by Licensee without the prior written consent of
 Solarflare.
 .
 8.	LIMITATION OF LIABILITY
 .
 Solarflare's entire liability to Licensee for damages concerning
 performance or nonperformance by the Licensed Materials or in any way
 related to the subject matter of this Agreement, regardless of whether the
 claim for such damages is based in contract, tort, strict liability, or
 otherwise, shall not exceed the amounts received by Solarflare under this
 Agreement.
 .
 9.	CONSEQUENTIAL DAMAGES WAIVER
 .
 IN NO EVENT SHALL SOLARFLARE BE LIABLE TO LICENSEE OR ANY THIRD PARTY
 CLAIMING THORUGH LICENSEE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
 SPECIAL DAMAGES, DAMAGES FOR LOST PROFITS, LOST DATA OR LOST BUSINESS, OR
 ANY OTHER INDIRECT DAMAGES, EVEN IF SOLARFLARE HAS BEEN ADVISED AS TO THE
 POSSIBILITY OF SUCH DAMAGES.  Solarflare shall have no liability with
 respect to claims relating to or arising from the use of non-Solarflare
 products and services, even if Solarflare has recommended, referred or
 introduced Licensee to such products and services.
 .
 10.	GENERAL
 .
     10.1 Assignment.  Licensee may not assign this Agreement or any of its
 rights or obligations under this Agreement, by operation of law or
 otherwise, without the prior written consent of Solarflare.  Solarflare may
 assign this Agreement and any of its rights and obligations under this
 Agreement.  This Agreement shall bind each party and its permitted
 successors and assigns.  Any assignment in contravention of this Section
 10.1 shall be null and void and of no force or effect.
 .
     10.2 Disputes.  This Agreement is to be construed in accordance with
 and governed by the internal laws of the State of California (as permitted
 by Section 1646.5 of the California Civil Code or any similar successor
 provision) without giving effect to any choice of law rule that would cause
 the application of the laws of any jurisdiction other than the internal
 laws of the State of California to the rights and duties of the parties.
 Any legal suit, action or proceeding arising out of or relating to this
 Agreement shall be commenced in the state or federal courts in Orange
 County, California, and each party hereto irrevocably submits to the
 exclusive jurisdiction and venue of any such court in any such suit, action
 or proceeding.
 .
     10.3 No Waiver.  No course of dealing, course of performance or failure
 of either party strictly to enforce any term, right or condition of this
 Agreement shall be construed as a waiver of any other term, right or
 condition. No waiver or breach of any provision of this Agreement shall be
 construed to be a waiver of any subsequent breach of the same or any other
 provision.
 .
     10.4 Relationship of the Parties.  This Agreement shall not be
 construed as creating an agency, partnership, joint venture or any other
 form of association, between the parties, and the parties shall at all
 times be and remain independent contractors. Neither party shall have any
 right or authority, express or implied, to assume or create any obligation
 of any kind, or to make any representation or warranty, on behalf of the
 other party or to bind the other party in any respect whatsoever.
 .
     10.5 Notices.  Any notice, request, demand, or other communication
 required or permitted hereunder shall be in writing, shall reference this
 Agreement and shall be deemed to be properly given: (a) when delivered
 personally; (b) when sent by facsimile, with written confirmation of
 receipt by the sending facsimile machine; (c) five (5) business days after
 having been sent by registered or certified mail, return receipt requested,
 postage prepaid; or (d) two (2) business days after deposit with an express
 courier, with written confirmation of receipt. Notices to Solarflare shall
 be sent to 7505 Irvine Center Drive, Suite 100, Irvine, California 92618
 (or to such other address as may be designated by a party by giving written
 notice to the other party pursuant to this Section).
 .
     10.6 Compliance with Laws. Licensee agrees not to export the Licensed
 Materials, directly or indirectly, separately or as part of a system,
 without first obtaining proper authority to do so from the appropriate
 governmental agencies or entities, as may be required by law.
 .
     10.7 Complete Agreement; Severability; Amendment.  This Agreement and
 any other terms and conditions incorporated by reference herein, contains
 the entire understanding of the parties with respect to the subject matter
 hereof, and supersedes any and all related prior understandings,
 agreements, representations, negotiations and discussions, whether oral or
 written.  If the terms and conditions of this Agreement conflict with any
 terms of any purchase order relating to the Software Products, the terms
 and conditions of this Agreement shall govern.  Any additional or
 supplemental terms pre-printed on a purchase order shall be void and of no
 force or effect unless signed by Solarflare.  If any provision of this
 Agreement is declared or found to be illegal, unenforceable or void, then
 each provision not so affected shall remain in full force and effect.  This
 Agreement cannot be modified or amended except in a writing signed by both
 parties.
