Format: https://www.debian.org/doc/packaging-manuals/copyright-format/1.0/ Upstream-Name: sx_sdk_eth Source: https://www.mellanox.com Disclaimer: Not part of Debian distributions. Files: * Copyright: 2017, 2018, 2019, 2020 Mellanox Technologies License: Mellanox Proprietary MELLANOX SWITCHX SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT . PLEASE READ CAREFULLY: THE USE OF THE SOFTWARE AND DOCUMENTATION IS SUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW (this "AGREEMENT"), UNLESS THE SOFTWARE IS SUBJECT TO A SEPARATE LICENSE AGREEMENT BETWEEN YOU AND MELLANOX OR ITS SUPPLIERS. BY INSTALLING AND EXECUTING THE MELLANOX SOFTWARE, BY USING OR RECEIVING THE DOCUMENTATION , OR BY CHOOSING THE "I ACCEPT" OPTION LOCATED ON OR ADJACENT TO THE SCREEN WHERE THIS AGREEMENT MAY BE DISPLAYED, YOU AGREE THAT THESE TERMS AND CONDITIONS ANY APPLICABLE WARRANTY STATEMENT AND THE TERMS AND CONDITIONS CONTAINED IN THE "OPEN SOURCE SOFTWARE" (as defined below). APPLY TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT LICENSED OR PERMITTED TO USE THE MELLANOX SOFTWARE OR THE DOCUMENTATION. DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE SOFTWARE, AND PROMPTLY RETURN THE SOFTWARE TO THE PARTY FROM WHOM YOU ACQUIRED IT. IF YOU DOWNLOADED THE SOFTWARE, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT. . 1. DEFINITIONS. . 1.1 "Confidential Information" shall mean all information and materials furnished by either party which: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential. Confidential Information shall include, but not be limited to the Mellanox Software, Mellanox reference designs, Documentation, and the existence and contents of this Agreement, whether such is transmitted in writing, orally, visually, (e.g. video terminal display) or on magnetic media, and shall include all proprietary information, customer and prospect lists, trade secrets, or proposed trade names, know-how, ideas, concepts, designs, drawings, flow charts, diagrams and other intellectual property relating to the subject matter of this Agreement. Results of any tests or usages carried out by Licensee with the Mellanox Software shall also be considered Confidential Information. . 1.2 "Documentation" shall mean any and all written or electronic information provided by Mellanox to Licensee that describes or depicts the form, fit or function of the Mellanox Software. . 1.3 "Intellectual Property Rights" shall mean all patent rights, copyright rights, moral rights, trade secret rights, rights to trademarks and service marks, know-how, mask works and all other intellectual and industrial property rights, whether or not registered or perfected, anywhere in the world, and all registrations, initial applications, renewals, extensions, continuations, divisions or reissues for any of the foregoing. . 1.4 "Licensee", "You", or "Your" shall refer to either an individual person or to a single legal entity. . 1.5 "Licensee Product(s)" shall mean any Licensee product that incorporates, integrates or is sold with one or more Mellanox Products. . 1.6 "Mellanox Product(s)" shall mean Mellanox's proprietary SwitchX integrated circuit family of products. 1.7 "Mellanox Software" shall mean the Mellanox proprietary software development kit (SDK) in binary and source code form that is delivered to Licensee by Mellanox, generally described as the Mellanox SwitchX Software Development Kit provided to run on the Mellanox Evaluation Board ("EVB") purchased by the Licensee, and all Intellectual Property Rights therein or thereto. In the event of a conflict or an inconsistency between what is defined herein and what is delivered to Licensee, the Mellanox Software shall be deemed to be that Confidential Information that Mellanox, its employees or agents delivers to Licensee. . 1.8 "Open Source Software" means all or any portion of the Software provided under public or open source license terms including any open source, freeware, LGPL or GPL rights included therein. In the event of any inconsistency between the terms of this Agreement and the Open Source Software licenses, the terms of this Agreement shall not apply to the Open Source Software. . 2. LICENSE; OWNERSHIP 2.1 Development License. Subject to the terms and conditions of this Agreement Mellanox hereby grants Licensee, a non-exclusive, worldwide, royalty-free, fully paid-up, revocable, and non-transferable license to make derivative works of the Mellanox Software in source code form solely for internal use only and solely to enable Mellanox Products to interface with Licensee Products for use in conjunction only with Mellanox's Products. . 2.2 Distribution License. Subject to the terms and conditions of this Agreement, Mellanox hereby grants Licensee a non-exclusive, worldwide, royalty-free and non-transferable license to use, reproduce and distribute the Mellanox Software (including licensed derivative works per Section 2.1) in binary form solely as integrated with Licensee Products that incorporate Mellanox's Products as licensed or purchased from Mellanox or an authorized Mellanox distributor. . 2.3 Restrictions. Except as expressly provided herein, Licensee shall not sell, license, rent, lend, distribute or otherwise transfer the Mellanox Software or any derivative works thereof. Licensee shall not copy, modify, prepare derivative works of, reverse assemble, disassemble, decompile, decrypt, or otherwise attempt to derive source code from the Mellanox Software, or allow any third party to do so. Except as expressly set forth in this Agreement, Licensee acquires no rights to any Mellanox Confidential Information, Mellanox Software, including any derivatives thereof, or any source code in any of the foregoing. . 2.4 Open Source Software. Licensee acknowledges that the Mellanox Software incorporates certain open source software, as further described in Exhibit A. All or any portion of the Mellanox Software which constitutes Open Source Software is licensed to Licensee subject to the terms and conditions of the software license agreement accompanying such Open Source Software, whether in the form of a separate agreement, shrink wrap license or electronic license terms accepted at the time of download. Licensee's use of the Open Source Software shall be governed entirely by the terms and conditions of such license. By accepting the terms and conditions of this Agreement, You are also accepting the terms and conditions of each Open Source Software license in the component.license.txt or "readme" file and with respect to Mellanox by the limitations and disclaimers in Sections 3.2 and 6 hereof. Any provisions contained herein, which differ from the terms of the applicable Open Source Software license, are provided by Mellanox solely with regard to the Mellanox Software. Mellanox has identified any Open Source Software by either noting the Open Source provider's ownership within each Open Source program file and/or by providing information in the "readme" file that is provided a part of the installation of the software. . 2.5 Ownership. Licensee acknowledges that any and all Intellectual Property Rights in the Mellanox Software is and shall remain the property of Mellanox. All software is licensed not sold by Mellanox. Third-party suppliers are intended beneficiaries under this Agreement and independently may protect their rights in the Open Source Software in the event of any infringement. This Agreement pertains solely to Mellanox's SwitchX SDK software as generally available and delivered to Mellanox customers. All other information, code, documentation or other information furnished licensee pursuant to this Agreement shall be Mellanox Confidential Information and is for Licensee's internal use only pursuant to the terms of Section 5 herein. All rights not expressly granted under this Agreement are reserved by Mellanox or its suppliers. . 3. WARRANTY. 3.1 Mellanox Software. THE MELLANOX SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MELLANOX EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING THIS AGREEMENT OR THE MELLANOX SOFTWARE OR THE DOCUMENTATION, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING BUT NOT LIMITED TO ALL IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MELLANOX DOES NOT WARRANT THAT THE MELLANOX SOFTWARE FURNISHED UNDER THIS AGREEMENT IS ERROR FREE OR WILL PERFORM ACCORDING TO ANY SPECIFICATIONS. ALL USE OF AND RELIANCE ON THE MELLANOX SOFTWARE IS AT THE SOLE RISK OF AND RESPONSIBILITY OF LICENSEE. . 3.2 Open Source Software. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT INCLUDING THIS SECTION 3 AND SECTION 5 BELOW, ALL OPEN SOURCE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MELLANOX AND ITS SUPPLIERS MAKE NO WARRANTY EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO TITLE, NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE USE OF SUCH OPEN SOURCE SOFTWARE. IN NO EVENT SHALL MELLANOX OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE; DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY IN CONNECTION WITH THE OPEN SOURCE SOFTWARE OR THE USE OF SUCH OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. . 4. NO ILLEGAL ACTIVITY. Licensee and Licensor each individually represent and warrant that they shall at all times refrain from engaging in any illegal, unfair, deceptive or unethical business practices whatsoever, including any act that would constitute a violation of the U.S. Foreign Corrupt Practices Act, whether with respect to the Mellanox Software or otherwise. . 5. CONFIDENTIALITY. 5.1 Use. The Mellanox Software and any related documentation Licensor provides (the "Confidential Information"), is confidential to the Licensor and Licensee shall hold such Confidential Information in trust and confidence for Licensor. Licensee will use the same care and discretion to avoid disclosure of the Confidential Information as Licensee uses with its own similar confidential information which it does not wish to disclose. Licensee may disclose the Confidential Information only to (1) its employees and contractors who have a need to know, and (2) any other party with Licensor's prior written consent. Prior to any such disclosure, Licensee must have a written and appropriate agreement with its employees and contractors and any other party authorized to receive such Confidential Information sufficient to require the party to treat the Confidential Information in accordance with this Agreement. Licensee may use such Confidential Information only in accordance with Sections 2.1 and 2.2 above. . 5.2 Treatment. The Licensee understands and agrees that the use or disclosure of any Confidential Information of Licensor in a manner inconsistent with the provisions of this Agreement may cause the Licensor irrevocable damage for which adequate remedy at law will not be available. Licensor shall be entitled to seek temporary and/or permanent injunctive relief against such breach or violation from any court of competent jurisdiction immediately upon request, without the need to obtain a bond or other security. The right of Licensor to seek injunctive relief shall not limit in any manner Licensor's right to seek other and/or additional remedies at law or in equity. . 6. LIMITATION OF LIABILITY. . INDEPENDENTLY OF ANY OTHER LIMITATION HEREOF AND REGARDLESS OF WHETHER THE PURPOSE OF ANY REMEDY SET FORTH HEREIN IS SERVED, IT IS AGREED THAT IN NO EVENT SHALL MELLANOX AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RELATING TO THE USE OF THE MELLANOX SOFTWARE REGARDLESS OF WHETHER LIABILITY IS BASED ON BREACH OF A CONTRACTUAL, STATUTORY OR COMMON LAW DUTY OF ANY KIND. IN NO EVENT SHALL MELLANOX AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY LOSS OF GOODWILL, LOSS OF PROFITS OR REVENUES, LOSS OF USE, INTERRUPTION OF BUSINESS OR DESTRUCTION OF DATA RESULTING FROM USE OF THE MELLANOX SOFTWARE EVEN IF MELLANOX AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR CLAIMS BASED ON BREACHES OF ANY LICENSE GRANT OR CONFIDENTIALITY OBLIGATION, IN THE EVENT THAT ANY LIABILITY IS IMPOSED ON EITHER PARTY FOR ANY REASON WHATSOEVER HEREUNDER, THE AGGREGATE AMOUNTS PAYABLE BY EITHER PARTY TO THE OTHER BY REASON THEREOF SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). Licensee acknowledges that the foregoing limitations are an essential element of the Agreement between the parties and that in the absence of such limitations the terms and conditions set forth in this Agreement would be substantially different. . 7. TERM AND TERMINATION. 7.1 Term. Unless terminated earlier as provided herein, this Agreement shall continue in full force and effect for so long as Licensee continues to purchase the Mellanox Products. . 7.2 Termination for Cause. In the event that Licensee has committed a material breach of this Agreement, Mellanox shall have the right to terminate this Agreement by giving thirty (30) days written notice of termination to become effective at the end of said period unless during said period all material breaches specified above have been remedied or waived in writing. . 7.3 Consequences of Termination. Upon the termination or expiration of this Agreement, Licensee shall immediately cease use of the Mellanox Software, either (i) return the Mellanox Software and all related Documentation and any documents containing any Mellanox Confidential Information to Mellanox at Licensee's expense, and/or (ii) destroy or delete any copies of the Mellanox Software and Documentation at Mellanox's request. If Licensee is requested to destroy or delete the Mellanox Software and Documentation, it shall send written confirmation of such action to Mellanox within ten (10) days thereof, which shall be signed by an authorized officer of Licensee. . 7.4 Survival. Notwithstanding any termination or expiration of this Agreement, the provisions of Sections 1, 2.3, 2.5, 3-6, and 8 shall survive any expiration or termination of this Agreement. . 8. GENERAL. 8.1 Assignment. This Agreement shall not be assigned by Licensee whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of Mellanox. No such assignment by Licensee howsoever occurring shall relieve Licensee of its obligations hereunder. Any assignment in violation of this Section 8.1 shall be null and void from the beginning, and shall be deemed a material breach of this Agreement. . 8.2 Waiver. Failure or neglect by either party to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of such party's rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice such party's rights to take subsequent action. . 8.3 Notices. All notices shall be sent by e-mail to the other party's mailbox where practicable, and shall also be given in writing, and shall be deemed to have been duly given when delivered by hand, posted by registered first class mail (airmail if international) or sent via recognized overnight couriers (e.g., Federal Express, DHL) or sent by fax to the party to which such notice is required to be given at the such address or fax number as a party may have specified to the other in writing. Notices shall be deemed received on the earlier of the following: (i) notices delivered by hand or sent by fax shall be deemed received the first business day following such delivery or sending; (ii) notices which have been posted or sent via overnight courier shall be deemed received on the second business day following posting (third if international), and (iii) notices delivered by e-mail shall be deemed received when sent. . 8.4 Headings; Construction. The headings to the clauses, sub-clauses and parts of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement. Any ambiguity in this Agreement shall be interpreted equitably without regard to which party drafted the Agreement or any provision thereof. The terms "this Agreement," "hereof," "hereunder" and any similar expressions refer to this Agreement and not to any particular Section or other portion hereof. The parties hereto agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of this Agreement. As used in this Agreement, the words "include" and "including," and variations thereof, will be deemed to be followed by the words "without limitation" and "discretion" means sole discretion. . 8.5 Amendment. Unless otherwise provided herein, this Agreement may not be amended, changed, waived, modified, discharged, or terminated orally, and shall not be effective except by a written document signed by duly authorized officers of each of the parties hereto. . 86 Governing Law. The rights and obligations of the parties under this Agreement shall not be governed by the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended; rather, these rights and obligations shall be governed in all respects by the laws of the State of Israel, excluding its conflict of laws rules to the extent such rules would apply the law of another jurisdiction. Licensee agrees that all disputes arising hereunder shall be adjudicated in the state and federal courts having jurisdiction over disputes arising in Yokneam, Israel and Licensee hereby agrees to consent to the personal jurisdiction of such courts. . 8.7 Export. Licensee understands and agrees that it has no right to transfer the software, technology or technical information provided under this Agreement. If Mellanox grants you such a right via written agreement, to the extent You export, re-export, or import software, technology, or technical data licensed or provided hereunder, You assume sole responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations. Mellanox may terminate this Agreement if You are in violation of any applicable laws or regulations. You agree that Mellanox may audit Your compliance with this Agreement. Any such audit would be at Mellanox's expense, require reasonable notice, and would be performed during normal business hours. . 8.8 Severability. Whenever possible, each provision of the Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of the Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of the Agreement. . 8.9 Entire Agreement. This Agreement supersedes any arrangements, understandings, promises or agreements made or existing between the parties hereto prior to or simultaneously with this Agreement, and this Agreement constitutes the entire understanding between the parties hereto. . Exhibit A . Open Source Software . Mellanox Software includes the following open source/ freeware that is subject to specific license conditions listed below: . 1. Clash 0.7.3 License information available at:http://sourceforge.net/projects/clish/ 2. gSOAP Toolkit 2.8.6License information available at:http://sourceforge.net/projects/gsoap2/ 3. iproute2 3.19. License information available at: http://www.linuxfoundation.org/collaborate/workgroups/networking/ GPL 2 4. iPythong . License information available at: http://ipython.org/ipython-doc/rel-0.13.2/about/license_and_copyright.html 5. libnl - Netlink Library 3.2.13 License information available at: http://www.infradead.org/~tgr/libnl/ 6. ltmain (autogen) License information available at: http://gnu.org 7. OpenFabrics Enterprise Distribution – OFED 2.1License information available at: http://www.openfabrics.org/ 8. Scew License information available at:http://www.nongnu.org/scew 9. Swig License information available at: http://www.swig.org/Release/LICENSE