CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE EXPORT COMPLIANCE REQUIREMENTS SET OUT BELOW. YOU MUST ANSWER THE REQUIRED QUESTION TRUTHFULLY TO LET US KNOW WHETHER YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS AND EXPORT COMPLIANCE REQUIREMENTS AND WHETHER YOU AGREE TO COMPLY. YOU MUST CLICK A FURTHER BUTTON TO CONFIRM YOUR ANSWER AND IF YOU ANSWER IN THE AFFIRMATIVE, A BINDING LICENSE AGREEMENT ("LICENSE") WILL BE CONCLUDED BETWEEN US. YOU MAY THEN PROCEED TO DOWNLOAD THE SOFTWARE.
IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND EXPORT COMPLIANCE REQUIREMENTS THEN DO NOT DOWNLOAD THE SOFTWARE. IF YOU WISH TO CANCEL THIS LICENSE AT ANY TIME YOU MAY DO SO BY DESTROYING ALL COPIES AND PARTIAL COPIES OF THE SOFTWARE WHICH YOU HAVE DOWNLOADED.
YOU ALSO AGREE THAT YOU HAVE ALL NECESSARY INFORMATION IN ORDER TO ENTER INTO THIS LICENSE WHETHER UNDER AN APPLICABLE EUROPEAN E-COMMERCE DIRECTIVE OR OTHERWISE. IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND REQUIREMENTS, DO NOT DOWNLOAD ANY FILES.
Please retain a copy of the License for your files or you may contact ADAPTEC's Legal Department at the address listed below for a further copy. This license may be concluded in English or the language in which it is drafted by ADAPTEC and appears to you online, as applicable. If you are a consumer residing in Europe (a "European Consumer") then this License shall not affect your statutory rights under the local laws in Europe.
This License grants you a non-exclusive license to use the ADAPTEC Software and related documentation ("Software") on the following terms, conditions, and export compliance requirements:
If you are NOT an individual consumer residing in Europe then the following terms, conditions and export compliance requirements apply and are a part of your license: ALL SECTIONS EXCEPT AS SPECIFIED HEREIN.
If you are an individual consumer residing in Europe ("European Consumer") then the following terms, conditions and export compliance requirements apply and are made part of your License: 1, 2, 3, 4, applicable parts of 6, 7, 9 and the first paragraph of export compliance. IF YOU ARE A EUROPEAN CONSUMER THIS LICENSE SHALL NOT AFFECT YOUR RIGHTS UNDER THE STATUTORY LAWS OF EUROPE.
- Your right to use the Software.You may use the Software in machine readable form (i.e. the form you download from us) within a single working location. You may copy the Software in the same form solely for back-up purposes or use within a single working location. You must reproduce ADAPTEC's copyright notice and proprietary legends. These requirements apply to European Consumers.
- Restrictions. This Software contains trade secrets and in order to protect them you may not: (1) distribute copies of the Software in any manner, including, but not limited to, distribution through web site posting; (2) decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human perceivable form; (3) MODIFY, ADAPT OR TRANSLATE THE SOFTWARE INTO ANY OTHER FORM; (4) RENT, LEASE, LOAN, RESELL FOR PROFIT, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART OF IT. These requirements apply to European Consumers.
- 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, the European Union, and international copyright treaties. This License is not a sale of the Software. These terms apply to European consumers.
- 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. This provision applies to European Consumers.
- Disclaimer of Warranty. IF YOU ARE A EUROPEAN CONSUMER THEN THIS SECTION 5 DOES NOT APPLY TO YOU AND DOES NOT FORM PART OF YOUR LICENSE WITH US. PROCEED TO SECTION 6. THE SOFTWARE IS LICENSED TO YOU "AS IS." YOU ACCEPT ALL RISKS WHICH MAY ARISE FROM THE DOWNLOADING OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING DATA OR SOFTWARE. ADAPTEC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF NON INFRINGEMENT OF THIRD PARTIES' RIGHTS, WARRANTIES OF SATISFACTORY QUALITY 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.
- Limitation of Liability. FOR EUROPEAN CONSUMERS: WE WILL NOT BE LIABLE TO YOU WHERE YOU SUFFER LOSS WHICH WAS NOT FORESEEABLE TO YOU AND TO US WHEN YOU DOWNLOADED THE SOFTWARE (EVEN IF IT RESULTS FROM OUR FAILURE TO COMPLY WITH THIS LICENSE OR OUR NEGLIGENCE); WHERE YOU SUFFER ANY BUSINESS LOSS INCLUDING LOSS OF REVENUE, PROFITS OR ANTICIPATED SAVINGS (WHETHER THOSE LOSSES ARE THE DIRECT OR INDIRECT RESULT OF OUR DEFAULT); OR WHERE YOUR LOSS DOES NOT RESULT FROM OUR FAILURE TO COMPLY WITH THIS LICENSE OR OUR NEGLIGENCE. THE SOFTWARE HAS BEEN MADE AVAILABLE TO YOU FREE OF CHARGE. YOU MAY AT ANY TIME DOWNLOAD A FURTHER COPY OF THE SOFTWARE FREE OF CHARGE TO REPLACE YOUR ORIGINAL COPY OF THE SOFTWARE (CONSEQUENTLY, WE AND OUR SUPPLIERS WILL ONLY BE LIABLE TO YOU UP TO A MAXIMUM TOTAL LIMIT OF TWO THOUSAND DOLLARS U.S. OR ITS EURO EQUIVALENT AT THE TIME A CLAIM IS MADE). OUR MAXIMUM FINANCIAL RESPONSIBILITY TO YOU AND THAT OF OUR SUPPLIERS WILL NOT EXCEED THIS LIMIT EVEN IF THE ACTUAL LOSS YOU SUFFER IS MORE THAN THAT. HOWEVER, NOTHING IN THIS LICENSE SHALL RESTRICT ANY PARTY'S LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE OR FOR FRAUD OR ANY FRAUDULENT MISREPRESENTATION.
ALL OTHERS DOWNLOADING THE SOFTWARE: THE SOFTWARE IS PROVIDED FREE OF CHARGE TO YOU, THEREFORE UNDER NO CIRCUMSTANCES EXCEPT AS DESCRIBED HEREIN AND UNDER NO LEGAL THEORY, TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL ADAPTEC OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ECONOMIC LOSS (INCLUDING LOSS OF PROFIT) OR FOR ANY LOSS OF DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS (IN EACH CASE WHETHER DIRECT OR INDIRECT) OR FOR ANY OTHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER EVEN IF ADAPTEC SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, NOTHING IN THIS LICENSE SHALL RESTRICT ANY PARTY'S LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE OR FOR FRAUD OR ANY FRAUDULENT MISREPRESENTATION.
- Export. By downloading, you acknowledge that the laws and regulations of the United States and relevant countries within the European Union, restrict the export and re-export of the Software. Further, 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. If you are a European Consumer you must not export Software outside the country in which you download it without our prior written permission. (See below for details on Export Compliance Requirements.)
- U.S. Government Restricted Rights. IF YOU ARE A EUROPEAN CONSUMER THEN THIS CLAUSE WILL NOT APPLY TO YOU AND DOES NOT FORM PART OF YOUR LICENSE AGREEMENT WITH US. PLEASE PROCEED TO SECTION 9. If the Software is acquired under the terms of a United States GSA contract, use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract. If the Software is acquired under the terms of a DoD or civilian agency contract, use, duplication or disclosure by the Government is subject to the restrictions of this License in accordance with 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors and 48 C.F.R. 227.7202-1 of the DoD FAR Supplement and its successors. (See below for details on Export Compliance Requirements.)
- General. California residents entered into and to be performed within California, except as governed by Federal law. Should any provision of this License be declared unenforceable in any jurisdiction, then such provision shall be deemed to be severable from this License and shall not affect the remainder hereof. All rights in the Software not specifically granted in this License are reserved by Adaptec.
EXPORT COMPLIANCE REQUIREMENTS
Export of any information from the Adaptec web site (including Confidential Information obtained through Adaptec Access) outside of the United States is subject to all U.S. export control laws. You will abide by such laws and also to the provision of the U.S. Export-Re-export Requirements and Enhanced Proliferation Control Initiative set forth here. You and your organization will not sell, license, or otherwise provide or ship Adaptec products or technical data (or the direct product thereof) for export or re-export to the embargoed or restricted* countries listed below:
Afghanistan (Taliban controlled area), Cuba, Iran, Iraq, North Korea*, Sudan, and Syria*
You agree not to transfer, export or re-export Adaptec products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses without obtaining prior authorization from the U.S. Government.
You also agree that unless you receive prior authorization from the U.S. Department of Commerce, you shall not transfer, export or re-export, directly or indirectly, any Adaptec technology or software (or the direct product of such technology or software or any part thereof, or any process or service which is the direct product of such technology or software) to any Sanctioned and/or Embargoed entity listed on:
If you have any questions concerning this License, contact:
1380 Bordeaux Drive
Sunnyvale, CA 94089
Phone: (408) 239-8000