e4d81151f4841a6354d043551a970418b32be02aEugen KuksaThis license applies to the firmware binary files associated with Emulex

e4d81151f4841a6354d043551a970418b32be02aEugen Kuksadrivers.

e4d81151f4841a6354d043551a970418b32be02aEugen Kuksa

e4d81151f4841a6354d043551a970418b32be02aEugen KuksaTHIS PRODUCT CONTAINS FIRMWARE ("EMULEX FIRMWARE") THAT BELONGS TO EMULEX

e49c41d4e9b34b71f6314757730f69ea7db98a2aEugen KuksaCORPORATION ("EMULEX"), THE USE OF WHICH IS SUBJECT TO THIS LICENSE AGREEMENT

e4d81151f4841a6354d043551a970418b32be02aEugen Kuksa("AGREEMENT") UNLESS OTHERWISE AGREED TO IN WRITING BY EMULEX. INSTALLING OR

e4d81151f4841a6354d043551a970418b32be02aEugen KuksaUSING THE EMULEX FIRMWARE CONSTITUTES ACCEPTANCE OF ALL THE TERMS AND

e4d81151f4841a6354d043551a970418b32be02aEugen KuksaCONDITIONS OF THIS AGREEMENT UNLESS OTHERWISE AGREED TO IN WRITING BY EMULEX.

61c65b3e1c87587d1ed5a15220d41a166a5d66d6Eugen KuksaIF LICENSEE DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,

e4d81151f4841a6354d043551a970418b32be02aEugen KuksaLICENSEE SHALL NOT INSTALL OR USE THE EMULEX FIRMWARE. WRITTEN APPROVAL IS

e49c41d4e9b34b71f6314757730f69ea7db98a2aEugen KuksaNOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT.

e4d81151f4841a6354d043551a970418b32be02aEugen Kuksa

61c65b3e1c87587d1ed5a15220d41a166a5d66d6Eugen Kuksa1. Limited Licenses

1118e43ba564bb499452bfc498deba6edc380cd3Eugen Kuksa

1118e43ba564bb499452bfc498deba6edc380cd3Eugen Kuksa1.1 Derivatives. Emulex hereby grants Licensee the personal,

e4d81151f4841a6354d043551a970418b32be02aEugen Kuksanontransferable, nonexclusive, royalty-free right and license to include the

61c65b3e1c87587d1ed5a15220d41a166a5d66d6Eugen KuksaEmulex Firmware in derivative works that Licensee may create under the terms

61c65b3e1c87587d1ed5a15220d41a166a5d66d6Eugen Kuksaand conditions of License #1. For avoidance of doubt, Licensee acknowledges

3ad4b71919f8e7d3b19fdb39280752fe6e7ff68bEugen Kuksathat the Emulex Firmware is not licensed under nor otherwise subject to the

61c65b3e1c87587d1ed5a15220d41a166a5d66d6Eugen Kuksaterms and conditions of License #1.

49698d62d5475ffa4afa780a6d5a32a5758fb14eEugen Kuksa

49698d62d5475ffa4afa780a6d5a32a5758fb14eEugen Kuksa1.2 Distribution. Emulex hereby grants Licensee the personal,

2d28d4e17a902fe835e68be41f2f6de4f147cd27Eugen Kuksanontransferable, nonexclusive, royalty free, right and license to use,

2d28d4e17a902fe835e68be41f2f6de4f147cd27Eugen Kuksadistribute, and sublicense copies of Emulex Firmware solely for use with

49698d62d5475ffa4afa780a6d5a32a5758fb14eEugen KuksaEmulex hardware products for which the Emulex Firmware was written and that

e4d81151f4841a6354d043551a970418b32be02aEugen KuksaLicensee has purchased from Sun Microsystems or its authorized distributors

e4d81151f4841a6354d043551a970418b32be02aEugen Kuksaor 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.