Name: driver/network/emlxs Summary: Emulex-Sun driver kit for Fibre Channel and Converged Network Adapters Publisher: openindiana.org Version: 0.5.11 Build Release: 5.11 Branch: 0.151.1.9 Packaging Date: 17 January 2014 at 20:48:22 Size: 8.96 MB FMRI: pkg://openindiana.org/driver/network/emlxs@0.5.11,5.11-0.151.1.9:20140117T204822Z License: CDDL HEADER START The contents of this file are subject to the terms of the Common Development and Distribution License (the "License"). You may not use this file except in compliance with the License. You can obtain a copy of the license at usr/src/OPENSOLARIS.LICENSE or http://www.opensolaris.org/os/licensing. See the License for the specific language governing permissions and limitations under the License. When distributing Covered Code, include this CDDL HEADER in each file and include the License file at usr/src/OPENSOLARIS.LICENSE. If applicable, add the following below this CDDL HEADER, with the fields enclosed by brackets "[]" replaced with your own identifying information: Portions Copyright [yyyy] [name of copyright owner] CDDL HEADER END This license applies to the firmware binary files associated with Emulex drivers. THIS PRODUCT CONTAINS FIRMWARE ("EMULEX FIRMWARE") THAT BELONGS TO EMULEX CORPORATION ("EMULEX"), THE USE OF WHICH IS SUBJECT TO THIS LICENSE AGREEMENT ("AGREEMENT") UNLESS OTHERWISE AGREED TO IN WRITING BY EMULEX. INSTALLING OR USING THE EMULEX FIRMWARE CONSTITUTES ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT UNLESS OTHERWISE AGREED TO IN WRITING BY EMULEX. IF LICENSEE DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, LICENSEE SHALL NOT INSTALL OR USE THE EMULEX FIRMWARE. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT. 1. Limited Licenses 1.1 Derivatives. Emulex hereby grants Licensee the personal, nontransferable, nonexclusive, royalty-free right and license to include the Emulex Firmware in derivative works that Licensee may create under the terms and conditions of License #1. For avoidance of doubt, Licensee acknowledges that the Emulex Firmware is not licensed under nor otherwise subject to the terms and conditions of License #1. 1.2 Distribution. Emulex hereby grants Licensee the personal, nontransferable, nonexclusive, royalty free, right and license to use, distribute, and sublicense copies of Emulex Firmware solely for use with Emulex hardware products for which the Emulex Firmware was written and that Licensee has purchased from Sun Microsystems or its authorized distributors or resellers. Such distribution may be on electronic media or via download from Licensee's website or other electronic means. Licensee shall grant each sublicensee a nonexclusive, nontransferable license to use the Emulex Firmware in Object Code only and shall authorize such sublicensees to make one archival copy of the Emulex Firmware. Licensee shall not use, reproduce, duplicate, copy, or otherwise sublicense, disclose, distribute, or disseminate the Emulex Firmware except as permitted under this Agreement. 1.3 End User. Emulex grants Licensee a personal, worldwide, nontransferable, nonexclusive, royalty-free right and license to use the Emulex Firmware only with Emulex hardware products and without circumventing any security or rights management features. 1.4 Restrictions. Licensee agrees to maintain intact and not modify or delete Emulex's copyright notice that is contained with each copy of the Emulex Firmware. Licensee shall not (1) reverse engineer, reverse compile or reverse assemble all or any part of the Emulex Firmware, (2) disseminate performance information or analysis to any third party, other than solely for product support purposes, from any source relating to the Emulex Firmware, or cause or permit others to do either of both of the foregoing. Licensee agrees to prevent any unauthorized copying of the Emulex Firmware. 2. Intellectual Property Rights. The Emulex Firmware is licensed, not sold. Emulex or its licensors retain all right, title and interest, including without limitation all intellectual property rights, in and to all copies, regardless of form or media, of the Emulex Firmware. The Emulex Firmware contains trade secrets of Emulex and Licensee agrees that it shall employ reasonable security precautions to maintain the confidentiality of such trade secrets. 3. Indemnity. Licensee shall defend, indemnify and hold Emulex harmless from and against any and all claims, damages, liabilities, costs and expenses (including, without limitation, attorneys' fees) arising out of Licensee's breach of its obligations under this Agreement. 4. Term and termination. The term of this Agreement shall continue until Licensee (a) ceases exercising its rights under Section 1 of this Agreement, (b) breaches a material term of this Agreement, or (c) gives written notice of termination to Emulex. Upon termination of this Agreement, all copies of the Emulex Firmware in the possession of Licensee shall be either returned to Emulex or destroyed by Licensee. 5. Warranty Disclaimer. Emulex makes no warranties whatsoever, express or implied, with respect to the Emulex Firmware. Licensee agrees that the Emulex Firmware is accepted and utilized "AS IS." EMULEX DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WITH RESPECT TO THE EMULEX FIRMWARE; ANY DATA, INFORMATION, OR OTHER MATERIAL FURNISHED TO THE LICENSEE HEREUNDER, INCLUDING THEIR CONDITION; CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION; THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS; AND TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. 6. Limitation of Liability. Emulex shall have no liability to Licensee, or any third party, whether in contract, tort, negligence or products liability for any claim, loss of use, business interruption, lost data, lost files, or for any indirect, special, incidental, or consequential damages of any kind or nature whatsoever arising out of or in connection with the use of or inability to use the Emulex Firmware or the performance or operation of the Emulex Firmware, even if Emulex has been advised of the possibility of such damages occurring. 8. Miscellaneous. The laws of the state of California, without regard to its choice of law rules, shall govern the interpretation and enforcement of this Agreement. The parties are independent contractors of one another. Nothing herein shall be deemed to create any relationship of agency, partnership, or joint venture between the parties. Licensee represents that it is acting on its own behalf and is not acting as an agent for or on behalf of any third party, and further agrees that it may not assign its rights or obligations under this Agreement without prior written consent of Emulex. Both parties shall adhere to all applicable laws, regulations, and rules relating to the export of Emulex Firmware and any other information provided hereunder. If any term or condition of this Agreement is held invalid, illegal or unenforceable by a court of competent jurisdiction, all the other terms and conditions shall survive. The Emulex Firmware may be provided to units or agencies of the U.S. government only as "commercial computer firmware," "restricted computer firmware," or with "restricted rights" as defined in applicable regulations, and may not be provided as source code. Manufacturer is Emulex Design & Manufacturing Corporation, 3333 Susan St., Costa Mesa, CA 92626.