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            ADAPTEC SOFTWARE LICENSE

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    READ THIS BEFORE INSTALLING OR USING THIS SOFTWARE.

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Do not use or load this firmware (the "Software") until you have read

and agree with the following terms and conditions. If you are not

willing to abide by these terms and conditions, do not install or use

the Software. By loading or using the Software, you are giving your

assent to the terms of this license.

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LICENSE. Adaptec grants to you a non-exclusive, non-transferable,

worldwide license to copy the Software in object code form only,

combine it with your software and distribute it, directly to

customers, or through your distribution network. You shall have no

right to grant any license or sublicense to any third party, to use

the Software for any purpose, except a sublicense to use the copy

produced and distributed by you. You shall have no right to modify all

or any part of the Software. You shall not disassemble, decompile or

otherwise reverse engineer the Software nor permit any third party to

do so. All rights not expressly granted herein are reserved by

Adaptec. 

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PROPRIETARY OWNERSHIP RIGHTS. Adaptec shall retain all ownership,

right, title and interest in and to all current and hereafter existing

revisions of or modifications to the Software, including all copies

made hereunder and all intellectual property rights related

thereto. All copies of the Software made by you shall contain

Adaptec's copyright notice and you shall not remove any copyright

notices contained in the Software.

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WARRANTY EXCLUSION. THE SOFTWARE IS PROVIDED "AS IS". ADAPTEC

MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE SOFTWARE.

ADAPTEC EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR

IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING IN LAW, CUSTOM,

CONDUCT OR OTHERWISE.

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LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR

ANY LOSS OF PROFITS, LOSS OF USE, CONSEQUENTIAL, SPECIAL OR INCIDENTAL

DAMAGES ARISING UNDER THIS AGREEMENT, EVEN IF THE OTHER PARTY HAS

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL

ANY DAMAGES ATTRIBUTABLE TO ADAPTEC EXCEED THE AMOUNT OF

PAYMENTS MADE TO ADAPTEC UNDER THIS AGREEMENT.

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TERMINATION OF THIS AGREEMENT. Adaptec may terminate this Agreement if

you violate its terms. Upon termination, you will immediately destroy

the Software or return all copies of the Software to Adaptec.

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APPLICABLE LAW. This Agreement shall be governed by the laws of the

State of California, USA, excluding its principles of conflict of laws

and the United Nations Convention on Contracts for the Sale of Goods.

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AMENDMENT, SEVERABILITY, WAIVER. No supplement or amendment of this

Agreement shall be binding, unless executed in writing by both parties

and specifically referencing the supplementing or amendment of this

Agreement. Any provision of this Agreement found to be illegal or

unenforceable shall be deemed severed, and the balance of this

Agreement shall remain in full force and effect. Neither party’s right

to require performance of the other party’s obligations hereunder

shall be affected by any previous waiver, forbearance or course of

dealing, unless or only to the extent of any waiver given in

writing. Failure or delay by either party to exercise any of its

rights, powers or remedies hereunder shall not constitute a waiver of

those rights, powers or remedies.

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EXPORT COMPLIANCE. Each party agrees that the Software is subject to

the U.S. Export Administration Act and Export Administration

Regulations, as well as applicable import and export regulations of

the countries in which each party transacts business. Each party shall

comply with such laws and regulations, as well as all other laws and

regulations applicable to the Software. Each party agrees that it will

not export, re-export, transfer or divert any of the Software to any

country for which United States' laws or regulations require an export

license or other governmental approval, without first obtaining such

license or approval, nor will each party export, re-export, transfer

or divert any of the Software to any restricted place or party in

accordance with U.S. export regulations.

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GOVERNMENT RESTRICTED RIGHTS. The Software is provided with RESTRICTED

RIGHTS. Use, duplication or disclosure by the Government is subject to

restrictions as set forth in FAR52.227-14 and DFAR252.227-7013

et. seq. or their successors. Us of the Software by the Government

constitutes acknowledgment of Adaptec’s proprietary right therein. 

Adaptec, Inc., 691 South Milpitas Boulevard, Milpitas, California 95035

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