This license applies to the firmware binary files associated with the

QLogic qlc hba driver.

THIS PRODUCT CONTAINS COMPUTER PROGRAMS AND RELATED DOCUMENTATION

("SOFTWARE") THAT BELONG TO QLOGIC CORPORATION ("QLOGIC"), THE USE OF WHICH

IS SUBJECT TO THIS END USER SOFTWARE LICENSE AGREEMENT ("AGREEMENT") UNLESS

OTHERWISE AGREED TO IN WRITING BY QLOGIC. CLICKING ON THE "AGREE" BUTTON

BELOW, INSTALLING/USING THE SOFTWARE OR ENTERING A LICENSE KEY CONSTITUTES

ACCEPTANCE BY LICENSEE ("LICENSEE" MEANS YOU OR THE BUSINESS ENTITY ON WHOSE

BEHALF YOU USE OR INSTALL THE SOFTWARE, AS APPLICABLE) OF ALL THE TERMS AND

CONDITIONS OF THIS AGREEMENT UNLESS OTHERWISE AGREED TO IN WRITING BY QLOGIC.

IF LICENSEE DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,

LICENSEE SHALL NOT INSTALL/USE THE SOFTWARE OR ENTER A LICENSE KEY. WRITTEN

APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS

AGREEMENT.

1. License Grant. Subject to the terms and conditions of this

Agreement, QLogic grants Licensee a limited, non-exclusive license

to redistribute, install, download and/or use the Software (in

object code form only) with certain approved products manufactured

by or for QLogic and approved products manufactured by or for an OEM

customer of QLogic ("QLogic Approved Products"). This license is

only available to original end user purchasers of QLogic Approved

Products that have been purchased through QLogic authorized

distribution channels or approved OEM distribution channels. This

license is not available to any end users of QLogic products who

have purchased QLogic products, which have previously been used and

the license is not available to any purchaser of QLogic application

specific integrated circuits ("ASICs") or any product incorporating

an ASIC, unless the product incorporating the ASIC is a QLogic

Approved Product. No rights or licenses in the Software are granted

to Licensee other than those rights expressly granted in this

Agreement. Nothing in this License entitles Licensee to any

upgrades or updates to, or future releases of, the Software. If

Licensee redistributes the Software, then Licensee shall reproduce

all copyright notices and must include this Agreement or an

agreement which is at least as restrictive as this Agreement.

2. Permitted Use. Licensee may only install and use the Software in

accordance with the documentation provided with the Software and

with QLogic Approved Products.

3. Intellectual Property Rights. The Software contains or embodies

intellectual property of QLogic (or any of its licensors). The

structure, organization and code are valuable trade secrets of

QLogic (or its licensors). QLogic and/or its licensors do not grant,

convey or license to Licensee any rights under any patents,

copyrights, trademarks or any other intellectual property except as

specifically granted herein. The Software is protected under U.S.

copyright laws, international treaty provisions and applicable laws

(including patent laws, if applicable) of the country in which it is

being used. Any unauthorized duplication of the Software is

expressly forbidden.

4. Ownership of Software. Notwithstanding anything to the contrary,

QLogic and its licensors retain all title to and, except as

expressly and unambiguously licensed herein, all rights and interest

in (i) the Software, all copies and derivative works thereof (by

whomever produced), and (ii) all copyright rights, patent rights,

trade secret rights, moral rights and all other intellectual

property and proprietary rights anywhere in the world in the

Software. The Software is only licensed to Licensee and is not

sold.

5. Restrictions and Cooperation. Licensee shall not (and shall not

allow any third party to) (i) decompile, disassemble, or otherwise

reverse engineer or attempt to reconstruct or discover any source

code, or underlying ideas or algorithms of the Software (except to

the extent expressly permitted under applicable law); (ii) provide,

lease, lend, use for timesharing or otherwise use or allow others to

use the Software to or for the benefit of third parties; (iii)

except as specified in the applicable user documentation, modify,

incorporate into or with other hardware or software, or create a

derivative work of any part of the Software; (iv) disseminate

performance information or analysis from any source relating to the

Software; (v) make any copies of the Software except as required to

use the Software as licensed hereunder, except for one (1) copy

solely for archival and back-up purposes, or (vi) remove any

product identification, copyright notice or other proprietary legend

from the Software. Licensee agrees to cooperate with QLogic and its

licensors in connection with their efforts to protect their

copyright/patent rights and other legal rights in the Software.

QLogic may, from time to time, implement additional security

measures for the Software, and Licensee shall cooperate with

such measures and be responsible for installing upgrades that

include such measures.

6. Further Obligations. Licensee shall defend, indemnify and hold

QLogic 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.

7. Term and Termination. This Agreement will become effective on the

date Licensee clicks on the "Agree" button below or otherwise uses

the Software and will remain in force until terminated. Licensee

may terminate this Agreement at any time, and QLogic may terminate

this Agreement if Licensee breaches any of the terms or conditions

hereunder. Licensee agrees to destroy or return to QLogic the

original and all copies of the Software immediately upon any

termination of this Agreement.

8. Confidentiality. Licensee acknowledges that the Software contains

valuable trade secrets of QLogic and other information proprietary

to QLogic and its licensors. Licensee shall: (i)"keep confidential

such trade secrets and proprietary information, including without

limitation all information concerning ideas and algorithms related

to the Software, (ii)"disclose such information only to its

employees and agents to the extent required to use the Software

under the terms of this Agreement and (iii)"bind its employees,

consultants, agents and other third parties in writing to maintain

the confidentiality of such trade secrets and proprietary

information and not use or disclose such information except as

permitted in this Agreement.

9. Limited Warranty and Disclaimer. THE SOFTWARE IS PROVIDED "AS IS"

WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY

WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND

NON-INFRINGEMENT. QLOGIC DOES NOT WARRANT THAT THE SOFTWARE IS

ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION. QLOGIC

DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE

USE, OR THE RESULTS OF THE USE OF THE SOFTWARE INCLUDING, WITHOUT

LIMITATION, THE CORRECTNESS, ACCURACY OR RELIABILITY OF SUCH USE OR

RESULTS.

10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW,

IN NO EVENT WILL QLOGIC BE LIABLE TO LICENSEE OR ANY THIRD PARTY

FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING,

WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOST SAVINGS, OR FOR

THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY

EVEN IF QLOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,

OR FOR ANY CLAIM BY ANY THIRD PARTY.

11. Export. Licensee represents, warrants and agrees that it will not,

directly or indirectly, export, re-export or transmit the Software

or any part thereof to any country in which such export, re-export

or transmission is restricted by any applicable U.S. regulation or

statute, without the prior written consent of both QLogic and, if

required, of the Bureau of Export Administration of the U.S.

Department of Commerce, or such other governmental entity as may

have jurisdiction over such export or transmission. In addition to

the above, Software may not, in the absence of authorization by

U.S. and local law and regulations, as required, be used by or

exported or reexported to (i) any U.S. sanctioned or embargoed

country, or to nationals or residents of such countries; or (ii)

any person, entity, organization or other party identified on the

U.S. Department of Commerce's Denied Persons or Entity List, the

U.S. Department of Treasury's Specially Designated Nationals or

Blocked Persons Lists, or the Department of State's Debarred

Parties List, as published and revised from time to time; or

(iii) any party where the end-use involves nuclear,

chemical/biological weapons, rocket systems or unmanned air

vehicles.

12. Miscellaneous. A party"s failure to exercise or its delay in

exercising any rights hereunder will not be deemed to be a waiver

of such right. If any provision of this Agreement shall be held by

any court of competent jurisdiction to be unenforceable or invalid,

that provision shall be limited or eliminated to the minimum extent

necessary so that this Agreement shall otherwise remain in full

force and effect and enforceable. This Agreement shall be

construed pursuant to the laws of the State of California and the

United States without regard to conflicts of laws provisions

thereof and without regard to the United Nations Convention on

Authority for the International Sale of Goods. Licensee

irrevocably submits to the jurisdiction of any state or federal

court sitting in the State of California, United States of America,

and consents to venue in such forum with respect to any action or

proceeding that relates to this Agreement. No amendment

to or modification of this Agreement will be binding unless in

writing and signed by a duly authorized officer of QLogic. The

provisions of Sections 3-11 shall survive termination of this

Agreement. This Agreement is in the English language only, which

language shall be controlling and any revision of this Agreement in

any other language shall not be binding. Both parties agree that

this Agreement is the complete and exclusive statement of the

mutual understanding of the parties and supersedes and cancels all

previous written and oral agreements and communications relating to

the subject matter of this Agreement. NO VENDOR, DISTRIBUTOR,

DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED TO

MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION OR

PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE

REPRESENTATIONS OR PROMISES IN THIS AGREEMENT.