107 lines
5.8 KiB
Plaintext
107 lines
5.8 KiB
Plaintext
XIA LLC Firmware License
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Version 1.0, July 2021
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TERMS AND CONDITIONS FOR USE AND DISTRIBUTION
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1. Definitions.
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"License" shall mean the terms and conditions for use and distribution of
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XIA LLC Firmware as defined by Sections 1 through 8 of this license
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document.
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"Licensor" is the copyright owner XIA LLC and is the sole entity capable
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of granting the License.
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"Legal Entity" shall mean the union of the acting entity and all other
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entities that control, are controlled by, or are under common control with
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that entity. For the purposes of this definition, "control" means (i) the
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power, direct or indirect, to cause the direction or management of such
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entity, whether by contract or otherwise, or (ii) ownership of fifty
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percent (50%) or more of the outstanding shares, or (iii) beneficial
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ownership of such entity.
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"You" (or "Your") shall mean an individual or Legal Entity exercising
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permissions granted by this License.
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"Firmware" shall mean the proprietary files distributed by the Licensor
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and made available under this License. The firmware is intended for use
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with hardware produced by the Licensor.
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“Checksum File” shall mean any file provided with the Firmware that
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contains an MD5 hash value.
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“Package” shall mean any executable or binary file that includes the
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Firmware and Checksum File covered by this License.
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“Installation” shall mean the process of making a Package ready for use.
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2. Grant of License. The Firmware and any copies thereof are owned by
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Licensor, and are the valuable trade secrets of Licensor. The Firmware is
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protected by United States Copyright Law and International Treaty Provisions.
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You may not copy the Firmware, except as set forth in the “Redistribution”
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section. Any copies that you are permitted to make pursuant to this License
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must contain the same copyright and other proprietary notices that accompany
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the Firmware. You agree not to modify, adapt or translate the Firmware. You
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also agree not to reverse engineer, decompile, disassemble, or otherwise
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attempt to discover the source code of the Firmware.
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3. Redistribution. You may distribute copies of the Firmware in any medium,
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without modifications, provided that You meet the following conditions:
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1. You must provide any other recipients of the Firmware a copy of this
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License; and
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2. You must maintain the original Checksum File distributed with the
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Firmware; and
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3. Your Packages that install the Firmware must install this License and
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Checksum File as part of the Installation process.
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4. Trademarks. This License does not grant permission to use the trade names,
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trademarks, service marks, or product names of the Licensor, except as
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required for reasonable and customary use in describing the origin of the
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Firmware and reproducing the content of the Checksum File.
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5. Disclaimer of Warranty. Unless required by applicable law or agreed to in
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writing, Licensor provides the Firmware on an "AS IS" BASIS, WITHOUT
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WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including,
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without limitation, any warranties or conditions of TITLE,
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NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You
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are solely responsible for determining the appropriateness of using or
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redistributing the Firmware and assume any risks associated with Your
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exercise of permissions under this License.
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6. Limitation of Liability. In no event and under no legal theory, whether in
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tort (including negligence), contract, or otherwise, unless required by
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applicable law (such as deliberate and grossly negligent acts) or agreed to
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in writing, shall the Licensor be liable to You for damages, including any
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direct, indirect, special, incidental, or consequential damages of any
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character arising as a result of this License or out of the use or
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inability to use the Firmware (including but not limited to damages for
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loss of goodwill, work stoppage, computer failure or malfunction, or any
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and all other commercial damages or losses), even if the Licensor has been
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advised of the possibility of such damages.
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7. Accepting Warranty or Additional Liability. While redistributing the
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Firmware thereof, You may choose to offer, and charge a fee for, acceptance
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of support, warranty, indemnity, or other liability obligations and/or
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rights consistent with this License. However, in accepting such
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obligations, You may act only on Your own behalf and on Your sole
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responsibility, not on behalf of the Licensor, and only if You agree to
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indemnify, defend, and hold the Licensor harmless for any liability
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incurred by, or claims asserted against, the Licensor by reason of your
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accepting any such warranty or additional liability.
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8. Notice to United States of America Government End-Users. The Firmware and
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Documentation are “Commercial Items”, as that term is defined at 48 C.F.R.
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2.101, consisting of “Commercial Computer Firmware” and “Commercial
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Computer Firmware Documentation”, as such terms are used in 48 C.F.R.
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12.212 or 48 C.F.R. 227.7202 as applicable. Consistent with 48 C.F.R.
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12.212 or 48 C.F.R. 227-7202-1 through 227.7202-4, as applicable, the
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Commercial Computer Firmware and Commercial Computer Firmware Documentation
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are being licensed to the United States of America Government end-users (A)
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only as Commercial Items and (B) with only those rights as are granted to
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all other end users pursuant to the terms and conditions herein.
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Unpublished-rights reserved under the copyright laws of the United States.
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XIA LLC, 2744 E 11th St, Oakland, CA 94601.
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END OF TERMS AND CONDITIONS |