DRIVER DEVELOPMENT CODE LICENSE AGREEMENT
Alteon WebSystems, INC. ("ALTEON"), IS WILLING TO LICENSE
THE SOFTWARE DRIVER DEVELOPMENT CODE,
INCLUDING ANY SAMPLE FIRMWARE FOR ALTEON NETWORK INTERFACE CARDS
AND ADAPTERS INCLUDED THEREIN, AND THE ACCOMPANYING DOCUMENTATION
(COLLECTIVELY, THE "SOFTWARE") TO YOU
ONLY ON THE CONDITION THAT YOU ACCEPT
ALL OF THE TERMS IN THIS AGREEMENT.
PLEASE READ THE TERMS CAREFULLY BEFORE CLICKING
ON THE "ACCEPT" BUTTON, AS BY CLICKING ON THE "ACCEPT" BUTTON
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS
YOU DO NOT AGREE TO THESE TERMS,
ALTEON IS UNWILLING TO LICENSE THE SOFTWARE TO YOU.
YOU SHOULD CLICK ON THE "DO NOT ACCEPT" BUTTON TO
DISCONTINUE THE INSTALLATION PROCESS.
Alteon grants you a limited,
non-transferable, non-exclusive, perpetual license to use, execute
and compile the Software solely for the purpose of creating,
testing and providing software programs (herein, the "Authorized
Drivers") for use with ALTEON ACEnic adapters and ALTEON network
cards. You may copy the Software and may publicly display the
source code of any Authorized Driver in educational journals
and periodicals; provided that you reproduce all applicable
copyright and other proprietary notices that are contained within
the original copy of the Software. You may license the object
code of an Authorized Driver, including the Software contained
therein; provided that such Authorized Driver is restricted
to use solely with ALTEON ACEnic adapters and ALTEON network
cards. Except as expressly provided for in this Agreement, you
may not use, copy, modify, or transfer the Software, or any
copy thereof, in whole or in part.
The Software is licensed to you for use only under
the terms of this Agreement, and ALTEON reserves all rights not
expressly granted to you. You will own any Authorized Drivers
created by you, subject to ALTEON'S ownership of the underlying
This Agreement will terminate immediately upon
notice to you if you materially breach any term or condition of
this Agreement. You agree upon termination to promptly destroy
the Software and all copies thereof.
The Software is provided to you on as "AS IS"
basis. ALTEON AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES
AND CONDITIONS INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY ALTEON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL
INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN
FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL
ALTEON OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY
FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR
OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE
OR ANY DATA SUPPLIED THEREWITH, OR FROM THE USE OR INABILITY TO
USE ANY AUTHORIZED DRIVERS DEVELOPED BY YOU, EVEN IF ALTEON HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND WHETHER
OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN NO EVENT SHALL
THE LIABILITY OF ALTEON OR ITS SUPPLIERS IN CONNECTION WITH THIS
AGREEMENT OR THE SOFTWARE EXCEED FIVE HUNDRED DOLLARS ($500.00),
REGARDLESS OF THE CAUSE OF ACTION.
END USER RIGHTS.
The Software is provided with restricted rights.
Software is a "commercial item" as that term is defined
at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial
computer software" and "commercial computer software
documentation" as such terms are used in 48 C.F.R.
12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212
and 48 C.F.R. 227.7202-1 through 227.7202-4
(JUNE 1995), all U.S. Government End Users acquire
with only those rights set forth herein.
The Software and related technology are subject
to U.S. export control laws and may be subject to export or import
regulations in other countries. You agree to strictly comply with
all such laws and regulations and acknowledge that you have the
responsibility to obtain such licenses to export, re-export or
import as may be required. By downloading the Software, you agree
to strictly comply with all of the United States and other applicable
country laws and regulations when either exporting or re-exporting
or importing this software or any underlying information or technology.
This Agreement will be governed by the laws of
the State of California, without regard to or application of conflicts
of law rules or principles. If any provision of this Agreement
is held to be unenforceable, that provision will be removed and
the remaining provisions will remain in full force. This Agreement
is the complete and exclusive statement of the agreement between
us which supersedes any proposal or prior agreement, oral or written,
and any other communications between us in relation to the subject
matter of this Agreement. If you have any questions concerning
this Agreement, you may contact ALTEON by writing to Alteon WebSystems,
INC., 50 Great Oaks Boulevard, San Jose, California 95119 or by
calling (408) 360-5500.
SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROTECTED BY UNITED
STATES COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION
OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
CLICKING ON THE "ACCEPT" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS