Software License Agreement
PLEASE READ CAREFULLY: THE USE OF THIS SOFTWARE IS SUBJECT TO THE SOFTWARE LICENSE TERMS
OF MICROSEMI CORPORATION, AND OTHER LICENSORS WHOSE SOFTWARE MAY BE BUNDLED WITH THIS PRODUCT.
BY YOUR USE OF THE SOFTWARE INCLUDED WITH THIS PRODUCT YOU AGREE TO THE LICENSE TERMS
REQUIRED BY THE LICENSOR OF THAT SOFTWARE, AS SET FORTH DURING THE INSTALLATION PROCESS.
IF YOU DO NOT AGREE TO THE LICENSE TERMS APPLICABLE TO THE SOFTWARE, YOU MAY RETURN THE
ENTIRE UNUSED PRODUCT FOR A FULL REFUND.
In return for acquiring a license to use the Microsemi software, which may include software from third
party licensors and patches made available by Microsemi (“Software”), and the related documentation,
you agree to the following terms and conditions:
1. License. This Agreement grants you, the Licensee, a license to:
a. Use the Software on a single computer system, which is not intended for use by more than five
(5) users; and:
b. Make one copy of the Software in machine readable form solely for back-up purposes, provided
you reproduce Microsemi's copyright proprietary legends. Notwithstanding the foregoing, the
Software may be used on the home, laptop or other secondary computer of the principal user
of the Software, and an additional copy of the Software may be made to support such use. As
used in this license, the Software is “in use” when it is either loaded into RAM or installed on a
hard disk or other permanent memory device. The Software may be “in use” on only one computer
at any given time. (Different license terms and fees are applicable for networked or multiple user
applications.) As a specific condition of this license, you agree to use the Software in compliance
with all applicable laws, including copyright laws, and that you will not copy, transmit, perform
or distribute any audio or other content using the Software without obtaining all necessary
licenses or permissions from the owner of the content.
2. Restrictions. You may not distribute copies of the Software to others or electronically transfer the
Software from one computer to another over a network. You may not post or otherwise make
available the Software, or any portion thereof, in any form, on the Internet. You may not use the
Software in a computer service business, including in time sharing applications. The Software contains
trade secrets and, in order to protect them, you may not decompile, reverse engineer, disassemble,
or otherwise reduce the Software to a human-perceivable form. YOU MAY NOT MODIFY, ADAPT,
TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE
WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
3. Ownership of Software. As Licensee, you own the media upon which the software is recorded or
fixed, but Microsemi and its licensors retain title and ownership of the Software recorded on the
original media and all subsequent copies of the Software, regardless of the form or media in which
or on which the original and other copies may exist. This license is not a sale of the Software or any
copy.
4. Confidentiality. You agree to maintain the Software in confidence and that you will not disclose the
Software to any third party without the express written consent of Microsemi. You further agree
to take all reasonable precautions to preclude access of unauthorized persons to the Software.
5. Term. This license is effective until January 1, 2045, unless terminated earlier. You may terminate
the license at any time by destroying the Software (including the related documentation) together
with all copies or modifications in any form. Microsemi will have the right to terminate our license
immediately if you fail to comply with any term or condition of this Agreement. Upon any termination,
including termination by you, you must destroy the Software (including the related documentation),
together with all copies or modifications in any form.
6. Special Terms Applicable to Databases. Where a database is included with the Software, you
acknowledge that it is licensed only in connection with the use of the Software to perform disc
creation, and that the database and all data derived therefrom must be maintained in confidence
in accordance with the provisions of Section 4. This license does not grant you any rights to distribute
or disclose such database or data.
7. Limited Warranty. Microsemi and its Licensor warrant only that the media upon which the Software
is furnished will be free from defects in material or workmanship under normal use and service for
a period of thirty (30) days from the date of delivery to you. MICROSEMI AND ITS LICENSORS DO
NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES
MICROSEMI AND ITS LICENSORS WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE
FOREGOING LIMITED WARRANTY, MICROSEMI AND ITS LICENSORS MAKE NO WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED, AS TO NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the
exclusion of implied warranties or limitations on how long an implied warranty may last, so the
above limitations may not apply to you. This warranty gives you specific legal rights and you may
also have other rights which vary from state to state.
8. The entire liability of PMC-Sierra and its licensors, and your exclusive remedy for a breach of this
warranty, shall be:
a. The replacement of any media not meeting the above limited warranty which is returned to
PMC-Sierra; or:
b. if PMC-Sierra or its distributor is unable to deliver replacement media which is free from defects
in materials or workmanship, you may terminate this Agreement by returning the Software and
your money will be refunded.
9. Limitation of Liability. IN NO EVENT WILL MICROSEMI OR ITS LICENSORS BE LIABLE TO YOU FOR ANY
INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS,
OR LOSS OF DATA, EVEN IF MICROSEMI OR A LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion
or limitation of special, incidental, or consequential damages, so the above limitation or exclusion
may not apply to you.
10. Export. You acknowledge that the laws and regulations of the United States and other countries
may restrict the export and re-export of the Software. You agree that you will not export or re-export
the Software or documentation in any form in violation of applicable United States and foreign law.
11. Government Restricted Rights. The Software is subject to restricted rights as follows. If the Software
is acquired under the terms of a GSA contract: use, reproduction or disclosure is subject to the
restrictions set forth in the applicable ADP Schedule contract. If the Software is acquired under the
terms of a DoD or civilian agency contract, use, duplication or disclosure by the Government is subject
to the restrictions of this Agreement in accordance with 48 C.F.R. 12.212 of the Federal Acquisition
Regulations and its successors and 49 C.F.R. 227.7202-1 of the DoD FAR Supplement and its successors.
12. General. You acknowledge that you have read this Agreement, understand it, and that by using the
Software you agree to be bound by its terms and conditions. You further agree that it is the complete
and exclusive statement of the agreement between PMC-Sierra and you, and supersedes any proposal
or prior agreement, oral or written, and any other communication between PMC-Sierra and you
relating to the subject matter of this Agreement. No additional or any different terms will be
enforceable against PMC-Sierra unless PMC-Sierra gives its express consent, including an express
waiver of the terms of this Agreement, in writing signed by an officer of PMC-Sierra. You assume
full responsibility for the use of the Software and agree to use the Software legally and responsibly.
This Agreement shall be governed by California law, except as to copyright matters, which are covered
by Federal law. This Agreement is deemed entered into at Sunnyvale, California by both parties.
Should any provision of this Agreement be declared unenforceable in any jurisdiction, then such
provision shall be deemed severable from this Agreement and shall not affect the remainder hereof.
All rights in the Software not specifically granted in this Agreement are reserved by PMC-Sierra.
Should you have any questions concerning this license, contact:
MICROSEMI Corporation.
Legal Department
1380 Bordeaux Drive
Sunnyvale, CA 94089
(408) 239-8000
Proprietary