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1 | DEFINITIONS:“Device” is the product described in this document or document set. “Cortina” is Cortina Systems, Inc. | ||
2 | “Software” is the software used with the Device, including the Application Programmable Interface (“API”). “You” are a | ||
3 | customer, or potential customer, of Devices with whom Cortina has an NDA. | ||
4 | LICENSE:Subject to the restrictions below, Cortina grants to You a non-exclusive, non-assignable, non-transferable, | ||
5 | royalty-free copyright license to (1) copy and modify the source code of the API; (2) incorporate the API in object code | ||
6 | form or as a library into Your software which is solely used with Your products (that incorporate the Devices); and (3) | ||
7 | distribute to Your customer, inobject code form only, the API. | ||
8 | RESTRICTIONS:The Software must be used solely in conjunction with the Devices and solely for Your internal | ||
9 | evaluation, demonstration, software application development anddistribution for production purposes, either with an | ||
10 | Cortina platform that contains the Device or with Your own product that incorporates the Device. Notwithstanding | ||
11 | anything to the contrary, the API can be incorporated into Your software as described above and distributed to Your | ||
12 | customers in object code form only. You may not distribute the Software as a stand-alone product. You shall not cause | ||
13 | the incorporation, modification or distribution of the Software to become subject to any open source licenses. You will | ||
14 | make reasonable efforts to discontinue the distribution of any portions of the Software that You are licensed hereunder | ||
15 | to distribute upon Cortina’s release of an update, upgrade or new version of the Software. You agree that You are | ||
16 | solely responsible for supporting any code which You modify, incorporate or distribute. You may not reverse-assemble, | ||
17 | reverse-compile, or otherwise reverse-engineer any Software provided in binary or machine readable form. | ||
18 | Distribution of the Software is also subject to the following limitations: You (i) are solely responsible to Your customers | ||
19 | for any update or support obligation or other liability which may arise from the modification, incorporation, and | ||
20 | distribution of the Software, (ii) do notmake any statement that Your product is“certified,” or that its performance is | ||
21 | guaranteed, by Cortina, (iii) do not use Cortina's name or trademarks to market Your product without prior written | ||
22 | permission, (iv) shall prohibit disassembly and reverse engineering, and (v) shall indemnify, hold harmless, and defend | ||
23 | Cortina and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from | ||
24 | Your distribution of any product. | ||
25 | OWNERSHIP OF SOFTWARE AND COPYRIGHTS.The title to all copies of the Software remains with Cortina or its | ||
26 | suppliers. The Software is copyrighted and protected by the laws of the United States and other countries, and | ||
27 | international treaty provisions. You may not remove any copyright notices from the Software. Cortina may make | ||
28 | changes to the Software, or to items referenced therein, at any timewithout notice, but is not obligated to support or | ||
29 | update the Software. Except as otherwise expressly provided,Cortina grants no express or implied right under Cortina | ||
30 | patents, copyrights, trademarks, or other intellectual property rights. | ||
31 | DISCLAIMER OF WARRANTIES.THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED | ||
32 | WARRANTY OF ANY KIND. CORTINA AND ITS SUPPLIERSHEREBY DISCLAIM ALL WARRANTIES, INCLUDING | ||
33 | ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR | ||
34 | PURPOSE. | ||
35 | LIMITATION OF LIABILITY.IN NO EVENT SHALL CORTINA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES | ||
36 | WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST | ||
37 | INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF CORTINA HAS | ||
38 | BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | ||
39 | TERMINATION OF THIS LICENSE.Cortina may terminate this license at any time if You violate its terms. Upon | ||
40 | termination, You will immediately destroy the Software or return all copies of the Software to Cortina. | ||
41 | APPLICABLE LAWS.Claims arising under this license shall be governed by the laws of the State of Delaware, | ||
42 | excluding its principles of conflict of laws. The provisions of the United Nations Convention on Contracts for the | ||
43 | International Sale of Goods shall not apply to this license.You shall not export, either directly or indirectly, any | ||
44 | Software or derived object code without first obtaining any required license or other approval from the applicable | ||
45 | governmental entity, including the U.S. Department of Commerce or any other agency or department of the United | ||
46 | States Government if required. This isthe entire agreement and understanding between You and Cortina relating to | ||
47 | this subject matter, and no amendments will be effective unless in a writing signed by both parties. | ||
48 | GOVERNMENT RESTRICTED RIGHTS.The Software is provided with “RESTRICTED RIGHTS.” Use, duplication, or | ||
49 | disclosure by the Government issubject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or | ||
50 | its successor. Use of the Software by the Government constitutes acknowledgment of Cortina's proprietary rights | ||
51 | therein. Contractor or Manufacturer is Cortina. | ||