key: adaptec-downloadable
short_name: Adaptec Downloadable Software License
name: Adaptec Downloadable Software License
category: Proprietary Free
owner: Adaptec
homepage_url: https://github.com/gooselinux/aic94xx-firmware/blob/master/LICENSE.aic94xx
spdx_license_key: LicenseRef-scancode-adaptec-downloadable
other_urls:
  - https://lists.fedoraproject.org/pipermail/scm-commits/2010-March/408246.html
text: "ADAPTEC, INC. DOWNLOADABLE SOFTWARE LICENSE \n\nDirections to Obtain Your File: Please\
  \ read the downloadable software license and answer the required question below. \nEligible\
  \ users will then have access to the requested file. Adaptec reserves the right to record\
  \ all activities.\n\nTHE ADAPTEC SOFTWARE (\"SOFTWARE\") IS LICENSED TO YOU FOR USE IN ACCORDANCE\
  \ WITH THIS ADAPTEC SOFTWARE LICENSE. IF YOU ARE NOT WILLING TO ABIDE BY THESE TERMS AND CONDITIONS,\
  \ DO NOT USE THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE GIVING YOUR ASSENT TO THE TERMS\
  \ OF THIS LICENSE.\n\n1. LICENSE. Adaptec grants to you a non-exclusive, non-transferable,\
  \ worldwide license to copy the Software in object code form only, combine it with your software\
  \ and distribute it, directly to customers, or through your distribution network. You shall\
  \ have no right to grant any license or sublicense to any third party, to use the Software\
  \ for any purpose, except a sublicense to use and distribute the copy produced and distributed\
  \ by you. You shall have no right to modify all or any part of the Software. You shall not\
  \ disassemble, decompile or otherwise reverse engineer the Software nor permit any third party\
  \ to do so. All rights not expressly granted herein are reserved by Adaptec.\n\n2. PROPRIETARY\
  \ OWNERSHIP RIGHTS. Adaptec shall retain all ownership, right, title and interest in and to\
  \ all current and hereafter existing revisions of or modifications to the Software, including\
  \ all copies made hereunder and all intellectual property rights related thereto. All copies\
  \ of the Software made by you shall contain Adaptec's copyright notice and you shall not remove\
  \ any copyright notices contained in the Software.\n\n3. WARRANTY EXCLUSION. THE SOFTWARE\
  \ IS PROVIDED \"AS IS\". ADAPTEC MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE SOFTWARE.\
  \ ADAPTEC EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED\
  \ WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING IN LAW,\
  \ CUSTOM, CONDUCT OR OTHERWISE.\n\n4. LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY\
  \ BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES\
  \ ARISING UNDER THIS AGREEMENT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY\
  \ OF SUCH DAMAGES. IN NO EVENT WILL ANY DAMAGES ATTRIBUTABLE TO ADAPTEC EXCEED THE AMOUNT\
  \ OF PAYMENTS MADE TO ADAPTEC UNDER THIS AGREEMENT.\n\n5. TERMINATION OF THIS AGREEMENT. Adaptec\
  \ may terminate this Agreement if you violate its terms. Upon termination, you will immediately\
  \ destroy the Software or return all copies of the Software to Adaptec.\n\n6. APPLICABLE LAW.\
  \ This Agreement shall be governed by the laws of the State of California, USA, excluding\
  \ its principles of conflict of laws and the United Nations Convention on Contracts for the\
  \ Sale of Goods.\n\n7. AMENDMENT, SEVERABILITY, WAIVER. No supplement or amendment of this\
  \ Agreement shall be binding, unless executed in writing by both parties and specifically\
  \ referencing the supplementing or amendment of this Agreement. Any provision of this Agreement\
  \ found to be illegal or unenforceable shall be deemed severed, and the balance of this Agreement\
  \  shall remain in full force and effect. Neither party's right to require performance of\
  \ the other party's obligations hereunder shall be affected by any previous waiver, forbearance\
  \ or course of dealing, unless or only to the extent of any waiver given in writing. Failure\
  \ or delay by either party to exercise any of its rights, powers or remedies hereunder shall\
  \ not constitute a waiver of those rights, powers or remedies.\n\n8. EXPORT COMPLIANCE. Each\
  \ party agrees that the Software is subject to the U.S. Export Administration Act and Export\
  \ Administration Regulations, as well as applicable import and export regulations of the countries\
  \ in which each party transacts business. Each party shall comply with such laws and regulations,\
  \ as well as all other laws and regulations applicable to the Software. Each party agrees\
  \ that it will not export, re-export, transfer or divert any of the Software to any country\
  \ for which United States' laws or regulations require an export license or other governmental\
  \ approval, without first obtaining such license or approval, nor will each party export,\
  \ re-export, transfer or divert any of the Software to any restricted place or party in accordance\
  \ with U.S. export regulations.\n\n9. GOVERNMENT RESTRICTED RIGHTS. The Software is provided\
  \ with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions\
  \ as set forth in FAR52.227-14 and DFAR252.227-7013 et. seq. or their successors. Us of the\
  \ Software by the Government constitutes acknowledgment of Adaptec's proprietary right therein.\
  \ \nAdaptec, Inc., 691 South Milpitas Boulevard, Milpitas, California 95035\n\n    * Bureau\
  \ of Industry and Security's Lists to Check\n\nIf you have any questions concerning this License,\
  \ contact:\n\nAdaptec, Inc.\nLegal Department\n691 South Milpitas Boulevard\nMilpitas, California\
  \ 95035.\nt.(408) 957-1718\nf.(408) 957-7137"