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52 lines
5.2 KiB
Plaintext
52 lines
5.2 KiB
Plaintext
DEFINITIONS:“Device” is the product described in this document or document set. “Cortina” is Cortina Systems, Inc.
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“Software” is the software used with the Device, including the Application Programmable Interface (“API”). “You” are a
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customer, or potential customer, of Devices with whom Cortina has an NDA.
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LICENSE:Subject to the restrictions below, Cortina grants to You a non-exclusive, non-assignable, non-transferable,
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royalty-free copyright license to (1) copy and modify the source code of the API; (2) incorporate the API in object code
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form or as a library into Your software which is solely used with Your products (that incorporate the Devices); and (3)
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distribute to Your customer, inobject code form only, the API.
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RESTRICTIONS:The Software must be used solely in conjunction with the Devices and solely for Your internal
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evaluation, demonstration, software application development anddistribution for production purposes, either with an
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Cortina platform that contains the Device or with Your own product that incorporates the Device. Notwithstanding
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anything to the contrary, the API can be incorporated into Your software as described above and distributed to Your
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customers in object code form only. You may not distribute the Software as a stand-alone product. You shall not cause
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the incorporation, modification or distribution of the Software to become subject to any open source licenses. You will
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make reasonable efforts to discontinue the distribution of any portions of the Software that You are licensed hereunder
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to distribute upon Cortina’s release of an update, upgrade or new version of the Software. You agree that You are
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solely responsible for supporting any code which You modify, incorporate or distribute. You may not reverse-assemble,
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reverse-compile, or otherwise reverse-engineer any Software provided in binary or machine readable form.
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Distribution of the Software is also subject to the following limitations: You (i) are solely responsible to Your customers
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for any update or support obligation or other liability which may arise from the modification, incorporation, and
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distribution of the Software, (ii) do notmake any statement that Your product is“certified,” or that its performance is
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guaranteed, by Cortina, (iii) do not use Cortina's name or trademarks to market Your product without prior written
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permission, (iv) shall prohibit disassembly and reverse engineering, and (v) shall indemnify, hold harmless, and defend
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Cortina and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from
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Your distribution of any product.
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OWNERSHIP OF SOFTWARE AND COPYRIGHTS.The title to all copies of the Software remains with Cortina or its
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suppliers. The Software is copyrighted and protected by the laws of the United States and other countries, and
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international treaty provisions. You may not remove any copyright notices from the Software. Cortina may make
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changes to the Software, or to items referenced therein, at any timewithout notice, but is not obligated to support or
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update the Software. Except as otherwise expressly provided,Cortina grants no express or implied right under Cortina
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patents, copyrights, trademarks, or other intellectual property rights.
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DISCLAIMER OF WARRANTIES.THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED
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WARRANTY OF ANY KIND. CORTINA AND ITS SUPPLIERSHEREBY DISCLAIM ALL WARRANTIES, INCLUDING
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ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
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PURPOSE.
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LIMITATION OF LIABILITY.IN NO EVENT SHALL CORTINA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
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WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST
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INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF CORTINA HAS
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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TERMINATION OF THIS LICENSE.Cortina may terminate this license at any time if You violate its terms. Upon
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termination, You will immediately destroy the Software or return all copies of the Software to Cortina.
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APPLICABLE LAWS.Claims arising under this license shall be governed by the laws of the State of Delaware,
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excluding its principles of conflict of laws. The provisions of the United Nations Convention on Contracts for the
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International Sale of Goods shall not apply to this license.You shall not export, either directly or indirectly, any
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Software or derived object code without first obtaining any required license or other approval from the applicable
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governmental entity, including the U.S. Department of Commerce or any other agency or department of the United
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States Government if required. This isthe entire agreement and understanding between You and Cortina relating to
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this subject matter, and no amendments will be effective unless in a writing signed by both parties.
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GOVERNMENT RESTRICTED RIGHTS.The Software is provided with “RESTRICTED RIGHTS.” Use, duplication, or
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disclosure by the Government issubject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or
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its successor. Use of the Software by the Government constitutes acknowledgment of Cortina's proprietary rights
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therein. Contractor or Manufacturer is Cortina.
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