pkgsrc-wip/tw_cli/LICENSE
OBATA Akio 9c3ffca4c4 tw_cli(8) is a Command Line Interface Storage Management Software for AMCC/3ware
ATA RAID Controller(s). It provides controller, logical unit and drive
management. tw_cli can be used in both interactive and batch mode, providing
higher-level API (Application Programming Interface) functionalities.
2008-03-26 01:11:07 +00:00

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PLEASE READ THIS DOCUMENT CAREFULLY BEFORE PROCEEDING.
This Software License Agreement (the "Agreement") licenses the software to you
and contains warranty and liability disclaimers. By opening the package or
installing or using the software, you are confirming your acceptance of the
software and agreeing to become bound by the terms of this Agreement.
DEFINITIONS.
"AMCC Software" means the software program covered by this Agreement, and all
related updates supplied by AMCC. "AMCC Product" means the AMCC Software and any
related documentation, models and multimedia content (such as animation, sound
and graphics) and all related updates supplied by AMCC.
LICENSE.
This Agreement allows you to (a) use the AMCC Product on a single computer, and
(b) make one copy of the AMCC Product in machine-readable form solely for backup
purposes. You must reproduce on any such copy all copyright notices and any
other proprietary legends found on the original. Certain rights are not granted
under this Agreement, but may be available under a separate agreement. If you
would like to enter into a Site or Network License, please contact AMCC.
RESTRICTIONS.
You may not make or distribute copies of the AMCC Product, or electronically
transfer the software from one computer to another over a network. You may not
use the software from multiple locations of a multi-user or networked system at
any one time. The software contains trade secrets and in order to protect them,
you may not de-compile, reverse engineer, disassemble, or otherwise reduce the
software to a human-perceivable form. You may not modify, sell, rent, transfer,
sublicense, resell for profit, network, distribute or create derivative works
based upon the AMCC Product or any part thereof. You will not export or
re-export directly or indirectly, the AMCC Product into any country prohibited
by the United States Export Administration Act and the regulations there under.
OWNERSHIP.
The foregoing license gives you limited rights to use the AMCC Product. You do
not become the owner of, and AMCC and, if applicable, any licensors, retain
title to the AMCC Product, and all copies, regardless of form or media, thereof.
All rights not specifically granted in this Agreement, including Federal and
International Copyrights, are reserved by AMCC.
TERM.
This license is effective until terminated. You may terminate it at any time by
destroying the Software and documentation together with all copies and merged
portions in any form. It will also terminate immediately if you fail to comply
with any term or condition of this License Agreement. Upon such termination you
agree to destroy the Software and documentation, together with all copies and
merged portions in any form.
LIMITED WARRANTY.
AMCC WARRANTS ONLY THAT THE MEDIA UPON WHICH THE SOFTWARE IS FURNISHED WILL BE
FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE AND SERVICE FOR A
PERIOD OF THIRTY (30) DAYS FROM THE DATE OF DELIVERY TO YOU. THE SOFTWARE IS
PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY
KIND FROM AMCC, INCLUDING, WITHOUT LIMITATION, A WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. THESE
LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY DO NOT AFFECT OR PREJUDICE
THE STATUTORY RIGHTS OF A CONSUMER, I.E. A PERSON ACQUIRING GOODS, OTHERWISE
THAN IN THE COURSE OF A BUSINESS.
EXCLUSIVE REMEDIES.
AMCC's entire liability and your exclusive remedies shall be: (a) the
replacement of any media not meeting AMCC's Warranty which is returned to AMCC
or its authorized reseller, or (b) if AMCC or its authorized reseller is unable
to deliver replacement media which is free of defects in material or
workmanship, you may terminate this Agreement by returning the Software and your
money will be refunded.
LIMITATION OF DAMAGES.
NEITHER AMCC NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
TORT, (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AMCC OR
ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE
LIMITED WARRANTY, EXCLUSIVE REMEDIES AND LIMITED LIABILITY SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF BASIS OF THE BARGAIN BETWEEN AMCC AND YOU. YOU AGREE
THAT AMCC WOULD NOT BE ABLE TO PROVIDE THE AMCC SOFTWARE ON AN ECONOMIC BASIS
WITHOUT SUCH LIMITATIONS.
EXPORT.
You acknowledge that the laws and regulations of the United States restrict the
export and re-export of Software. 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.
GOVERNMENT END USERS (USA ONLY).
RESTRICTED RIGHTS LEGEND. The AMCC Software is "Restricted Computer Software."
Use, duplication, or disclosure by the US Government is subject to restrictions
as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and
227.7202-3(a)(1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995),
FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: AMCC, 215 Moffett
Park Drive, Sunnyvale, CA 94089.
GENERAL.
This Agreement shall be governed by the internal laws of the State of
California. This Agreement contains the complete agreement between the parties
with respect to the subject matter hereof, and supersedes all prior or
contemporaneous agreements or understandings, whether oral or written. This
Agreement may be amended only in writing, signed by both parties. Any attempted
oral modification shall be void and without any effect. All questions concerning
this Agreement shall be directed to:
AMCC, 215 Moffett Park Drive, Sunnyvale, CA 94089, Attention: General Counsel.