Appendix E. eXpressWare License text
Dolphin ICS - Software installation LICENSE
Dolphin PCI Express Software Suite - eXpressWare
IMPORTANT NOTICE -- READ CAREFULLY: This License Agreement
These license terms are an agreement between Dolphin Interconnect Solutions
(Dolphin) and (i) you the purchaser of Dolphin products who acquired the
software from Dolphin or (ii) you the user who acquired the software from a
third party authorized to re-distribute Dolphin software with Dolphin products.
Please read them. They apply to the Dolphin PCI Express eXpressWare Software
Suite, which includes drivers, APIs, applicable tools, sample code, application
code, and the media on which you received it, if any. The terms also apply to
any Dolphin:
- Updates
- Supplements
- Internet-based services, and
- Support services
For this software, unless other terms accompany those items.
By downloading, installing, copying, or otherwise using the SOFTWARE, you agree
to be bound by the terms of this LICENSE. If you do not agree to the terms of
this LICENSE, do not download or install the SOFTWARE.
1. Overview
a. Software. The software includes development tools, drivers, APIs,
software programs, and documentation. This software contains both open
source ("OPEN SOURCE SOFTWARE") and proprietary code ("PROPRIETARY
SOFTWARE").
b. License Model. The open source driver code is available under the GPL
license. The user space SISCI API is available under LGPL. The
PROPRIETARY SOFTWARE is available under the Dolphin proprietary
software license ("DPSL") and can only be used as follows:
i. In conjunction with adapter cards manufactured by Dolphin: An
adapter card legally acquired from Dolphin gives you the right to
install and use the PROPRIETARY SOFTWARE on the same node as the
card is installed.
ii. In conjunction with adapter cards not manufactured by Dolphin: To
use the PROPRIETARY SOFTWARE with cards from other vendors, you
need to purchase a valid DPSL for each node.
iii. In conjunction with Custom Systems, Single board Computers, or
Embedded Systems with PCI Express chipsets: The use of the
PROPRIETARY SOFTWARE on these systems requires a valid DPSL for
each node running the software.
2. Limitations for the PROPRIETARY SOFTWARE: The software is licensed, not
sold. This agreement only gives you some rights to use the software.
Dolphin reserves all other rights. Unless applicable law gives you more
rights despite this limitation, you may use the software only as expressly
permitted in this agreement. In doing so, you must comply with any
technical limitations in the software that only allow you to use it in
certain ways. You may not:
a. work around any technical limitations in the software;
b. reverse engineer, decompile or disassemble the software, nor attempt in
any other manner to obtain the source code;
c. make more copies of the software than specified in this agreement;
d. publish the software for others to copy;
e. rent, lease or lend the software;
3. SOFTWARE ACCESS. You may grant use of the software to any person with valid
access to the software installed system. All users are bound by the terms
and conditions of this agreement and must use the software in compliance
with all license terms.
4. BACKUP COPY. You may make one backup copy of the software. You may use it
only to reinstall the software.
5. DOCUMENTATION. Any person that has valid access to the software installed
system may copy and use the documentation for internal, reference purposes.
6. NOT FOR RESALE SOFTWARE. You may not sell software unless under agreement
with Dolphin.
7. GOVERNING LAW
a. Any action related to unauthorized use of this SOFTWARE will be
governed by laws of the Kingdom of Norway.
8. ENTIRE AGREEMENT.
a. This agreement (including the warranty below), and the terms for
supplements, updates, Internet-based services and support services that
you use, are the entire agreement for the software and support
services.
9. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY No Warranties.
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS
PROVIDED AS IS AND DOLPHIN DISCLAIM ALL WARRANTIES OF ANY KIND OR
NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO OR ARISING
FROM THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT.
10. No Liability for Consequential Damages.
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
DOLPHIN BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE.
11. TERMINATION
a. This LICENSE will automatically terminate if Customer fails to comply
with any of the terms and conditions hereof. In such event, Customer
must uninstall and destroy all copies of the PROPRIETARY SOFTWARE.