CBI/CGI Technical Reference

Chassis Plans B-1

Appendix B Adaptec, Inc. Software License
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY
USING ANY FILES FROM ADAPTEC, YOU AGREE TO BE BOUND BY
THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE
TERMS AND CONDITIONS, PROMPTLY RETURN THE SOFTWARE AND
ALL ACCOMPANYING ITEMS.
This License grants you a non-exclusive license to use the Adaptec Software and related
documentation ("Software") on the following terms and conditions:
1. LICENSE: You may: (a) use and (b) copy the Software in machine readable form
solely for back-up purposes or use within a single working location; provided you
reproduce Adaptec's copyright notice and proprietary legends.
2. RESTRICTIONS: You may not distribute copies of the Software. The Software
contains trade secrets and in order to protect them you may not decompile, reverse
engineer, disassemble, or otherwise reduce the Software to a human perceivable form.
YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL
FOR PROFIT, DISTRIBUTE OR CREATE DERIVATIVE WORKS BASED UPON
THE SOFTWARE OR ANY PART THEREOF.
3. OWNERSHIP: The Software is copyrighted by, proprietary to and a trade secret of
Adaptec. Adaptec retains the title, ownership and intellectual property rights in and to
the Software and all subsequent copies regardless of the form or media. The Software is
protected by the copyright laws of the United States and international copyright treaties.
This License is not a sale of the Software.
4. TERMINATION: This License is effective until terminated. This License will
terminate automatically without notice if you fail to comply with any of the provisions.
Upon termination you shall destroy all copies of the Software including any partial
copies.
5. DISCLAIMER OF WARRANTY: YOU ACCEPT ALL RISKS WHICH MAY
ARISE FROM THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED
TO CORRUPTION OF EXISTING DATA OR SOFTWARE. ADAPTEC MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY
WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS,
WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR
PURPOSE. Some states do not allow the exclusion of implied warranties or limitations
of how long an implied warranty may last, so the above exclusion may not apply to you.
You may also have other rights which vary from state to state.
6. LIMIT OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ADAPTEC OR
ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADAPTEC SHALL HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.