          License For Customer Use of MARVELL Software

 

 

IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of

MARVELL Software ("LICENSE") is the agreement which governs use of

the software of MARVELL Corporation and its subsidiaries ("MARVELL")

downloadable herefrom, including computer software and associated

printed materials ("SOFTWARE").  By downloading, installing, copying,

or otherwise using the SOFTWARE, you agree to be bound by the terms

of this LICENSE.  If you do not agree to the terms of this LICENSE,

do not download the SOFTWARE.

 

RECITALS

 

Use of MARVELL's products requires three elements: the SOFTWARE, the

hardware on a graphics controller board, and a personal computer. The

SOFTWARE is protected by copyright laws and international copyright

treaties, as well as other intellectual property laws and treaties.

The SOFTWARE is not sold, and instead is only licensed for use,

strictly in accordance with this document.  The hardware is protected

by various patents, and is sold, but this agreement does not cover

that sale, since it may not necessarily be sold as a package with

the SOFTWARE.  This agreement sets forth the terms and conditions

of the SOFTWARE LICENSE only.

 

1.  DEFINITIONS

 

1.1  Customer.  Customer means the entity or individual that

downloads the SOFTWARE.

 

2.  GRANT OF LICENSE

 

2.1  Rights and Limitations of Grant.  MARVELL hereby grants Customer

the following non-exclusive, non-transferable right to use the

SOFTWARE, with the following limitations:

 

2.1.1  Rights.  Customer may install and use one copy of the SOFTWARE

on a single computer, and except for making one back-up copy of

the Software, may not otherwise copy the SOFTWARE.  This LICENSE

of SOFTWARE may not be shared or used concurrently on different

computers.

 

2.1.2  Linux/FreeBSD Exception.  Notwithstanding the foregoing terms

of Section 2.1.1, SOFTWARE designed exclusively for use on the Linux or

FreeBSD operating systems, or other operating systems derived from the

source code to these operating systems, may be copied and redistributed,

provided that the binary files thereof are not modified in any way

(except for unzipping of compressed files).

 

2.1.3  Limitations.

 

No Reverse Engineering.  Customer may not reverse engineer,

decompile, or disassemble the SOFTWARE, nor attempt in any other

manner to obtain the source code.

 

No Separation of Components.  The SOFTWARE is licensed as a

single product.  Its component parts may not be separated for use

on more than one computer, nor otherwise used separately from the

other parts.

 

No Rental.  Customer may not rent or lease the SOFTWARE to someone

else.

 

3.  TERMINATION

 

This LICENSE will automatically terminate if Customer fails to

comply with any of the terms and conditions hereof.  In such event,

Customer must destroy all copies of the SOFTWARE and all of its

component parts.

 

Defensive Suspension.  If Customer commences or participates in any legal

proceeding against MARVELL, then MARVELL may, in its sole discretion,

suspend or terminate all license grants and any other rights provided

under this LICENSE during the pendency of such legal proceedings.

 

4.  COPYRIGHT

 

All title and copyrights in and to the SOFTWARE (including but

not limited to all images, photographs, animations, video, audio,

music, text, and other information incorporated into the SOFTWARE),

the accompanying printed materials, and any copies of the SOFTWARE,

are owned by MARVELL, or its suppliers.  The SOFTWARE is protected

by copyright laws and international treaty provisions.  Accordingly,

Customer is required to treat the SOFTWARE like any other copyrighted

material, except as otherwise allowed pursuant to this LICENSE

and that it may make one copy of the SOFTWARE solely for backup or

archive purposes.

 

5.  APPLICABLE LAW

 

This agreement shall be deemed to have been made in, and shall be

construed pursuant to, the laws of the State of California.

 

6.  DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY

 

6.1  No Warranties.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE

LAW, THE SOFTWARE IS PROVIDED "AS IS" AND MARVELL AND ITS SUPPLIERS

DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT

NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS

FOR A PARTICULAR PURPOSE.

 

6.2  No Liability for Consequential Damages.  TO THE MAXIMUM

EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARVELL OR

ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR

CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,

DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS

OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT

OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MARVELL HAS

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

7.  MISCELLANEOUS 

 

The United Nations Convention on Contracts for the International

Sale of Goods is specifically disclaimed.  If any provision of this

LICENSE is inconsistent with, or cannot be fully enforced under,

the law, such provision will be construed as limited to the extent

necessary to be consistent with and fully enforceable under the law.

This agreement is the final, complete and exclusive agreement between

the parties relating to the subject matter hereof, and supersedes

all prior or contemporaneous understandings and agreements relating

to such subject matter, whether oral or written.  Customer agrees

that it will not ship, transfer or export the SOFTWARE into any

country, or use the SOFTWARE in any manner, prohibited by the

United States Bureau of Export Administration or any export laws,

restrictions or regulations.  This LICENSE may only be modified in

writing signed by an authorized officer of MARVELL.

