EVOLUTION-MANAGER

Edit File: LICENCE.Netronome

Copyright (c) 2017, NETRONOME Systems, Inc. All rights reserved. Agilio(r) Firmware License Agreement (the "AGREEMENT") BY INSTALLING OR USING IN ANY MANNER THE SOFTWARE THAT ACCOMPANIES THIS AGREEMENT (THE "SOFTWARE") YOU (THE "LICENSEE") ACKNOWLEDGE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. LICENSE GRANT. Subject to the terms and conditions set forth herein, Netronome Systems, Inc. ("NETRONOME") hereby grants LICENSEE a non- exclusive license to use, reproduce and distribute the SOFTWARE exclusively in object form. Restrictions. LICENSEE agrees that, (a) unless explicitly provided by NETRONOME, the source code of the SOFTWARE is not being provided to LICENSEE and is confidential and proprietary to NETRONOME and that LICENSEE has no right to access or use such source code. Accordingly, LICENSEE agrees that it shall not cause or permit the disassembly, decompilation or reverse engineering of the SOFTWARE or otherwise attempt to gain access to the source code for the SOFTWARE; and (b) LICENSEE agrees that it shall not subject the SOFTWARE in whole or in part, to the terms of any software license that requires, as a condition of use, modification and/or distribution that the source code of the SOFTWARE, or the SOFTWARE be i) disclosed or distributed in source code form; ii) licensed for the purpose of making derivative works of the source code of the SOFTWARE; or iii) redistribution of the source code of the SOFTWARE at no charge. DISCLAIMER OF ALL WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS AND NETRONOME AND ITS LICENSORS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATIONS OF LIABILITY. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL NETRONOME OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY LOSS OF PROFITS, DATA, USE OF THE SOFTWARE, DOCUMENTATION OR EQUIPMENT, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER DAMAGES, ARISING FROM OR IN CONNECTION WITH THE SOFTWARE EVEN IF NETRONOME OR ITS LICENSORS HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXPORT COMPLIANCE. LICENSEE shall not use or export or transmit the SOFTWARE, directly or indirectly, to any restricted countries or in any other manner that would violate any applicable US and other export control and other regulations and laws as shall from time to time govern the delivery, license and use of technology, including without limitation the Export Administration Act of 1979, as amended, and any regulations issued thereunder. PROHIBITION OF SOFTWARE USE IN HIGH RISK ACTIVITIES AND LIFE SUPPORT APPLICATIONS. The SOFTWARE is not designed, manufactured or intended for use as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support systems, human implantation or any other application where product failure could lead to loss of life or catastrophic property damage or weapons systems, in which the failure of the SOFTWARE could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly NETRONOME and, where applicable, NETRONOME'S third party licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities.