xref: /illumos-gate/usr/src/uts/common/io/scsi/adapters/pmcs/LICENSE (revision 14b24e2b79293068c8e016a69ef1d872fb5e2fd5)
1The code in this package is subject to and you are bound by the terms of
2the OpenSolaris Binary License (below); except that, if you are receiving
3this package as part of Solaris, the code is subject to and you are bound
4by the applicable Sun Microsystems, Inc. Software License Agreement or
5Technology Evaluation License.  If the OpenSolaris Binary License applies,
6then the code is "Redistributable" subject to its terms.
7
8--------------------------------------------------------------------
9
10Sun Microsystems, Inc. Binary Code License Agreement
11
12SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE TO YOU
13ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN
14THIS BINARY CODE LICENSE AGREEMENT ("AGREEMENT").  PLEASE READ THE
15AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU
16ACCEPT THE FULL TERMS OF THIS AGREEMENT.
17
181. Definitions.
19
20"Software" means all software provided to You in binary code form by Sun
21under this License as indicated on the opensolaris.org website.  Software
22includes any updates or error corrections or documentation relating to
23Software provided to You by Sun under this License as indicated on the
24opensolaris.org website.
25
262. Permitted Uses.
27
28Subject to the terms and conditions of this Agreement and restrictions and
29exceptions set forth in the Software's documentation, Sun grants you a
30non-exclusive, non-transferable, limited license without fees to
31
32(a) reproduce and use internally the Software for the purposes of
33developing or running an Open Solaris distribution.
34
35(b) reproduce and distribute the Software (and also portions of Software
36identified as Redistributable in the documentation accompanying Software),
37provided that you (i) distribute the Software or Redistributables bundled
38as part of, and for the sole purpose of running, OpenSolaris code;
39(ii) do not remove or alter any proprietary legends or notices contained
40in or on the Software or Redistributables, (iii) only distribute the
41Software or Redistributables subject to a license agreement that protects
42Sun's interests consistent with the terms contained in this Agreement,
43and (iv) you agree to defend and indemnify Sun and its licensors from and
44against any damages, costs, liabilities, settlement amounts and/or
45expenses (including attorneys' fees) incurred in connection with any claim,
46lawsuit or action by any third party that arises or results from the use
47or distribution of any and all Programs, Software, or Redistributables.
48
493. Restrictions.
50
51(a) The copies of Software provided to you under this Agreement is
52licensed, not sold, to you by Sun.  Sun reserves all rights not expressly
53granted.
54
55(b) You may not modify Software.  However if the documentation
56accompanying Software lists specific portions of Software, such as header
57files, class libraries, reference source code, and/or redistributable
58files, that may be handled differently, you may do so only as provided in
59the documentation.
60
61(c) You may not rent, lease, lend or encumber Software.
62
63(d) You do not remove or alter any proprietary legends or notices
64contained in the Software,
65
66(e) Unless enforcement is prohibited by applicable law, you may not
67decompile, or reverse engineer Software.
68
69(f) The terms and conditions of this Agreement will apply to any Software
70updates, provided to you at Sun's discretion, that replace and/or
71supplement the original Software, unless such update contains a separate
72license.
73
74(g) Software is copyrighted.
75
76(h) Software is not designed, licensed or intended for use in the design,
77construction, operation or maintenance of any nuclear facility and Sun
78and its licensors disclaim any express or implied warranty of fitness for
79such uses.
80
81(i) No right, title or interest in or to any trademark, service mark,
82logo or trade name of Sun or its licensors is granted under this
83Agreement.
84
85(j) If your Permitted Use in this Agreement permits the distribution
86Software or portions of the Software, you may only distribute the Software
87subject to a license agreement that protects Sun's interests consistent
88with the terms contained in this Agreement.
89
904. Java Compatibility and Open Source.
91
92Software may contain Java technology.  You may not create additional
93classes to, or modifications of, the Java technology, except under
94compatibility requirements available under a separate agreement available
95at www.java.net.
96
97Sun supports and benefits from the global community of open source
98developers, and thanks the community for its important contributions and
99open standards-based technology, which Sun has adopted into many of its
100products.
101
102Please note that portions of Software may be provided with notices and
103open source licenses from such communities and third parties that govern
104the use of those portions, and any licenses granted hereunder do not
105alter any rights and obligations you may have under such open source
106licenses, however, the disclaimer of warranty and limitation of
107liability provisions in this Agreement will apply to all Software in
108this distribution.
109
1105. Term and Termination.
111
112The Agreement is effective on the Date you recieve the Software and
113remains effective until terminated.  Your rights under this Agreement
114will terminate immediately without notice from Sun if you materially
115breach it or take any action in derogation of Sun's and/or its
116licensors' rights to Software.  Sun may terminate this Agreement should
117any Software become, or in Sun's reasonable opinion likely to become,
118the subject of a claim of intellectual property infringement or trade
119secret misappropriation.  Upon termination, you will cease use of, and
120destroy, Software and confirm compliance in writing to Sun.  Sections 1,
1213, 4, 5, and 7-13 will survive termination of the Agreement.
122
1236. Limited Warranty.
124
125Sun warrants to you that for a period of 90 days from the date of
126receipt, the media on which Software is furnished (if any) will be free
127of defects in materials and workmanship under normal use.  Except for
128the foregoing, Software is provided "AS IS".  Your exclusive remedy and
129Sun's entire liability under this limited warranty will be at Sun's
130option to replace Software media or refund the fee paid for Software.
131Some states do not allow limitations on certain implied warranties, so
132the above may not apply to you.  This limited warranty gives you
133specific legal rights.  You may have others, which vary from state to
134state.
135
1367. Disclaimer of Warranty.
137
138UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
139REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
140MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
141ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
142BE LEGALLY INVALID.
143
1448. Limitation of Liability.
145
146TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
147LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL,
148INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
149REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE
150USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
151POSSIBILITY OF SUCH DAMAGES.  In no event will Sun's liability to you,
152whether in contract, tort (including negligence), or otherwise, exceed
153the amount paid by you for Software under this Agreement.  The foregoing
154limitations will apply even if the above stated warranty fails of its
155essential purpose.  Some states do not allow the exclusion of incidental
156or consequential damages, so some of the terms above may not be
157applicable to you.
158
1599. Export Regulations.
160
161All Software, documents, technical data, and any other materials
162delivered under this Agreement are subject to U.S. export control laws
163and may be subject to export or import regulations in other countries.
164You agree to comply strictly with these laws and regulations and
165acknowledge that you have the responsibility to obtain any licenses to
166export, re-export, or import as may be required after delivery to you.
167
16810. U.S. Government Restricted Rights.
169
170If Software is being acquired by or on behalf of the U.S. Government or
171by a U.S. Government prime contractor or subcontractor (at any tier),
172then the Government's rights in Software and accompanying documentation
173will be only as set forth in this Agreement; this is in accordance with
17448 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
175acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
176
17711. Governing Law.
178
179Any action related to this Agreement will be governed by California law
180and controlling U.S. federal law.  No choice of law rules of any
181jurisdiction will apply.
182
18312. Severability.
184
185If any provision of this Agreement is held to be unenforceable, this
186Agreement will remain in effect with the provision omitted, unless
187omission would frustrate the intent of the parties, in which case this
188Agreement will immediately terminate.
189
19013. Integration.
191
192This Agreement is the entire agreement between you and Sun relating to
193its subject matter.  It supersedes all prior or contemporaneous oral or
194written communications, proposals, representations and warranties and
195prevails over any conflicting or additional terms of any quote, order,
196acknowledgment, or other communication between the parties relating to
197its subject matter during the term of this Agreement.  No modification
198of this Agreement will be binding, unless in writing and signed by an
199authorized representative of each party.
200