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BIN-LICENSE
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SOFTWARE LICENSE AGREEMENT
CAREFULLY READ THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”). BY CLICKING THE
“ACCEPT” OR “AGREE” BUTTON, OR OTHERWISE ACCESSING, DOWNLOADING, INSTALLING OR
USING THE LICENSED MATERIALS (DEFINED BELOW), YOU AGREE ON BEHALF OF LICENSEE
TO BE BOUND BY THIS AGREEMENT. “LICENSEE” MEANS THE CORPORATION OR OTHER LEGAL
ENTITY (IDENTIFIED ABOVE) TO WHICH XILINX, INC., A DELAWARE CORPORATION WITH AN
OFFICE AT 2100 LOGIC DRIVE, SAN JOSE, CA 95124 (“XILINX”) HAS ISSUED THE
LICENSE DESCRIBED HEREIN. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE “ACCEPT” OR “AGREE” BUTTON, AND
DO NOT ACCESS, DOWNLOAD, INSTALL OR USE THE LICENSED MATERIALS, AND IF LICENSEE
HAS ALREADY OBTAINED THE LICENSED MATERIALS FROM AN AUTHORIZED SOURCE, PROMPTLY
RETURN THE LICENSED MATERIALS FOR A REFUND. AS USED HEREIN, THE “EFFECTIVE
DATE” MEANS THE DATE ON WHICH LICENSEE CLICKS THE “ACCEPT” OR “AGREE” BUTTON
(IDENTIFIED ABOVE) OR OTHERWISE ACCESSES, DOWNLOADS, INSTALLS OR USES THE
LICENSED MATERIALS, WHICHEVER OCCURS FIRST. The parties agree as follows:
1. Definitions
“Affiliate” means an entity which controls, is controlled by or is under common
control with a party hereto; where “control” means that the controlling party
directly or indirectly has the beneficial ownership of more than fifty percent
of the controlled entity’s shares or ownership interest giving the power to
direct or cause the direction of the general management of the controlled
entity. An entity shall be an Affiliate only during the time when such control
exists. “Licensed Materials” means the Xilinx (i) Control Plane software
(including onload_mibdump) and (ii) TCP Direct API (and related library and
utilities), that are provided by Xilinx to Licensee in connection with
“OpenOnload” and “EnterpriseOnload.” Except as expressly set forth otherwise
in the preceding sentence, both OpenOnload and EnterpriseOnload are
specifically excluded from Licensed Materials.
“Target Device” means a Xilinx Network Adapter (e.g. Solarflare-branded 8000 or
x2 series, Xilinx Alveo, or similar) device.
2. License Grants.
2.1 Licensed Materials: Subject to the terms and conditions of this
Agreement, and except as expressly set forth otherwise in Section 2.3 below,
Xilinx hereby grants Licensee the following nonexclusive, nontransferable
licenses:
2.1.1 Use Rights: Licensee may internally reproduce and use the Licensed
Materials for the sole purpose of controlling a Target Device; and
2.1.2 Distribution Rights: Licensee may reproduce and distribute the
Licensed Materials, solely in binary form for use to control a Target Device
that operates in Licensee’s system-level hardware products.
2.1.3 Affiliate Rights: Licensee may allow any of its Affiliates to exercise
the rights granted to Licensee above; provided however, that Licensee shall be
liable for any failure of Affiliates to the abide by the terms and conditions
of this Agreement as if such failure was the failure of Licensee.
2.2 OpenOnload and EnterpriseOnload: Subject to the terms of this
Agreement, and except as expressly set forth otherwise in Section 2.3 below,
Xilinx hereby grants Licensee a license to OpenOnload and EnterpriseOnload
under the GNU General Public License version 2, a copy of which is printed in
Exhibit A, subject to the following exceptions: (i) Xilinx hereby grants
Licensee a license to the Onload Extension Library and related test/example
code provided in connection with OpenOnload and EnterpriseOnload under the BSD
2-clause, a copy of which is printed in Exhibit A; and (ii) Xilinx hereby
grants Licensee a license to the Etherfabric API (ef_vi) provided in connection
with OpenOnload and EnterpriseOnload under the GNU Lesser General Public
License version 2.1, a copy of which is printed in Exhibit A.
2.3. Third-Party Licenses: Certain files, programs or other materials
distributed in connection with the Licensed Materials, OpenOnload and
EnterpriseOnload originate from third-party licensors and are licensed to
Licensee (not under the terms and conditions of this Agreement, but rather)
pursuant to the terms and conditions of the applicable licenses that appear in
Exhibit B and/or are contained or described in the corresponding release notes
or other documentation or header or source files. Such files, programs or
other materials may be subject to the terms of the GNU General Public License
or other open source or free software licenses. Licensee agrees to carefully
review and abide by the terms and conditions of these licenses to the extent
that they govern such files, programs or other materials. Notwithstanding the
foregoing, as between Xilinx and Licensee, to the maximum extent permitted by
applicable law and if not prohibited by any such third-party licenses, all such
third-party files, programs or other materials shall be deemed covered under
Sections 6 (Disclaimers) and 7 (Limitation of Liability) and 10.3 (Governing
Law) of this Agreement.
3. Restrictions.
3.1 Licensee shall not use the Licensed Materials for any purpose other
than in compliance with Section 2.1 (Use Rights), or allow use by any person
other than in compliance with Section 2.2 (Distribution Rights).
3.2 Licensee shall not reproduce the Licensed Materials other than to the
extent necessary for its authorized use or distribution of the Licensed
Materials (per Section 2 above), and for archival and back-up purposes,
provided always that Licensee will at all times and in each instance, reproduce
all copyright notices and proprietary legends on each copy in the same manner
as such notices and legends appeared on the original.
3.3 Licensee shall not distribute or provide Licensed Materials to a third
party, other than in compliance with Section 2.2 (Distribution Rights).
3.4 Licensee shall not publish or disclose the results of any benchmarking
of the Licensed Materials, or use such results for its own competing
development activities.
3.5 Licensee shall not decrypt, decompile, reverse-engineer, disassemble,
or otherwise reduce to a human-perceivable form, or modify or alter, any
portion of the Licensed Materials that are provided by Xilinx in object code,
encrypted or other obfuscated form.
3.6 Licensee shall not modify or alter the Licensed Materials.
3.7 Licensee shall not hypothecate, rent, lease, loan, lend, time-share,
sublicense or otherwise transfer the Licensed Materials.
4. Ownership. Licensee acknowledges and agrees that all intellectual
property and industrial rights in and to the Licensed Materials and all copies
thereof are and will remain the sole property of Xilinx, or its licensors (if
any). OpenOnload and EnterpriseOnload and their components are owned by Xilinx
or the relevant third party. Subject to the licenses granted and/or referenced
herein, title to OpenOnload and EnterpriseOnload and their components remains
with Xilinx and/or the third party. Nothing contained in this Agreement will
be construed as conferring by implication, estoppel or otherwise upon Licensee
any license or other right except the licenses and rights expressly granted to
Licensee in Section 2 (License Grants). Licensee understands that portions of
the Licensed Materials, OpenOnload and EnterpriseOnload and related
documentation may have been licensed to Xilinx from third parties and that such
third parties are intended third-party beneficiaries of the provisions of this
Agreement. The Licensed Materials, OpenOnload and EnterpriseOnload are
protected by laws and international treaty provisions covering intellectual
property and industrial rights. All modifications, changes, improvements and
enhancements to the Licensed Materials made in violation of this Agreement
(collectively “Modifications”) shall be the sole property of Xilinx. Licensee
hereby assigns and agrees to assign to Xilinx Licensee's entire right, title
and interest in and to the Modifications and all associated intellectual
property rights, and Licensee shall acquire no greater rights therein than
specifically provided for in this Agreement; provided however that Licensee
shall have no obligation to disclose or provide such Modifications to Xilinx
and “Modifications” do not include technology independently developed by
Licensee that is added to or incorporated in the Licensed Materials. Licensee
agrees that any Modifications made in violation of this Agreement are made
solely at its own risk and that Xilinx accepts no liability whatsoever for any
such Modifications.
5. Confidentiality.
5.1 Duties. Except as otherwise expressly permitted in Section 2 (License
Grants), Licensee shall (a) maintain the confidentiality of the Licensed
Materials; and (b) not make the Licensed Materials available in any form to any
person other than to its employees and contractors who have a genuine “need to
know” on behalf of Licensee for purposes authorized by this Agreement, and who
are bound by obligations of confidentiality no less protective of Xilinx (and
its licensors, if any) than those contained herein. Licensee represents to
Xilinx that it maintains a system of confidentiality consistent with commonly
accepted practices to protect its own confidential business information,
including written agreements with employees and contractors, and that the
Licensed Materials will be protected by such a system to the same extent, but
in no event with less than reasonable care. Licensee shall be liable to Xilinx
for any failure of its contractors to comply with the terms and conditions of
the Agreement as if such failure was a failure of the Licensee. Licensee agrees
that a breach of this Agreement may result in irreparable and continuing damage
to Xilinx for which there may be no adequate remedy at law, and Xilinx shall be
entitled to seek injunctive relief and/or a decree for specific performance,
and such other relief (including monetary damages) as may be proper.
5.2 Exceptions. The obligations of confidentiality under this Agreement
shall not apply to information that: (a) is already known to Licensee at the
time of disclosure without obligation of confidentiality; (b) is or becomes
publicly known through no wrongful act or omission of Licensee; (c) is
rightfully received by Licensee from a third party without obligation of
confidentiality; (d) is approved for release by written authorization of
Xilinx; or (e) was developed by Licensee independently and without the use or
benefit of the Licensed Materials.
6. Disclaimers.
6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED
MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND,
AND XILINX DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. XILINX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE LICENSED MATERIALS WILL MEET LICENSEE’S REQUIREMENTS, THAT THE LICENSED
MATERIALS WILL OPERATE PROPERLY, WHETHER ALONE OR IN COMBINATION WITH OTHER
FUNCTIONALITY, CORES, SOFTWARE OR PROTOCOLS, OR THAT THE OPERATION OF THE
LICENSED MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS OR
DEFECTS IN THE LICENSED MATERIALS ARE CAPABLE OF BEING CORRECTED. XILINX MAKES
NO WARRANTY OR REPRESENTATION THAT THE LICENSED MATERIALS ARE COMPLETED,
TESTED, VERIFIED, OR WILL WORK ON THEIR OWN WITHOUT REVISIONS. LICENSEE IS
SOLELY RESPONSIBLE FOR VERIFICATION OF ITS DESIGN. XILINX SPECIFICALLY
DISCLAIMS ANY OBLIGATIONS FOR TECHNICAL SUPPORT AND BUG FIXES, AS WELL AS ANY
LIABILITY ARISING FROM LICENSEE’S USE OF THE LICENSED MATERIALS.
6.2 LICENSEE ACKNOWLEDGES THAT USE OF THE LICENSED MATERIALS IN COMBINATION
WITH OTHER FUNCTIONALITY, CORES, SOFTWARE OR PROTOCOLS MAY REQUIRE LICENSES
FROM THIRD PARTIES AND LICENSEE ACCEPTS SOLE RESPONSIBILITY FOR OBTAINING SUCH
LICENSES.
6.3 THE LICENSED MATERIALS ARE NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR
FOR USE IN ANY APPLICATION REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS
APPLICATIONS RELATED TO LIFE-SUPPORT OR SAFETY DEVICES OR SYSTEMS, CLASS III
MEDICAL DEVICES, NUCLEAR FACILITIES, DEPLOYMENT OF AIRBAGS, CONTROL OF VEHICLE
OR AIRCRAFT (UNLESS THERE IS A FAIL-SAFE OR REDUNDANCY FEATURE WHICH DOES NOT
INCLUDE USE OF SOFTWARE IN ANY XILINX DEVICE TO IMPLEMENT THE REDUNDANCY AND A
WARNING SIGNAL UPON FAILURE TO THE OPERATOR), OR ANY OTHER APPLICATIONS THAT
COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE
(INDIVIDUALLY AND COLLECTIVELY, “CRITICAL APPLICATIONS”). LICENSEE AGREES,
PRIOR TO USING OR DISTRIBUTING ANY SYSTEMS THAT INCORPORATE THE LICENSED
MATERIALS, TO THOROUGHLY TEST THE SAME FOR SAFETY PURPOSES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE ASSUMES THE SOLE RISK AND
LIABILITY OF ANY USE OF THE LICENSED MATERIALS IN CRITICAL APPLICATIONS.
7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW: (1) IN NO EVENT SHALL XILINX OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF
DATA, LOST PROFITS, GOODWILL, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES
ARISING UNDER, RELATED TO, OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR
OPERATION OF THE LICENSED MATERIALS, IN WHOLE OR IN PART, HOWEVER CAUSED AND
UNDER ANY THEORY OF LIABILITY; (2) IN NO EVENT SHALL THE ENTIRE LIABILITY OF
XILINX OR ITS LICENSORS ARISING UNDER, RELATED TO, OR IN CONNECTION WITH THIS
AGREEMENT, EXCEED THE AMOUNT OF LICENSE FEES RECEIVED BY XILINX FROM LICENSEE
FOR THE LICENSED MATERIALS; (3) THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY
REGARDLESS OF WHETHER SUCH LOSS WAS REASONABLY FORESEEABLE OR IF XILINX HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (4) THESE LIMITATIONS
SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED
REMEDIES HEREIN. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,
NEITHER PARTY EXCLUDES OR LIMITS ITS LIABILITY IN ANY WAY FOR ANY MATTER THAT
CANNOT, AS A MATTER OF APPLICABLE LAW, BE LIMITED OR EXCLUDED. THE PARTIES
AGREE THAT THIS SECTION 7 (LIMITATION OF LIABILITY) REPRESENTS AN ALLOCATION OF
RISK WHICH THE PARTIES CONSIDER REASONABLE.
8. Term and Termination.
8.1 Term. This Agreement will commence upon the Effective Date, and will
remain effective until terminated in accordance with this Section 8.
8.2 Termination by Licensee. Licensee may terminate this Agreement at any
time for any or no reason by destroying the Licensed Materials and all copies
and derivative works, and providing notice to Xilinx of same.
8.3 Termination by Xilinx. Xilinx may terminate this Agreement for
material breach by Licensee, provided that Xilinx has given written notice to
Licensee of such breach and Licensee fails to cure such breach within thirty
(30) days thereof; provided, however, in the event of a breach of
confidentiality under Section 5 whereby unauthorized disclosure and/or
dissemination by electronic or other means is likely to cause undue harm to
Xilinx, then Xilinx may, at its discretion, immediately terminate this
Agreement and seek other appropriate equitable and legal remedies as deemed
necessary to protect its interests hereunder.
8.4 Effects of Termination. Upon termination of this Agreement the
licenses and rights granted by Xilinx hereunder will cease, and Licensee shall
destroy the Licensed Materials, including all copies and derivative works, and
all related documentation and certify such destruction in writing to Xilinx.
Each party’s rights and obligations under the following provisions of this
Agreement shall indefinitely survive the termination of this Agreement:
Sections 4 (Ownership); 5 (Confidentiality); 6 (Disclaimers); 7 (Limitation of
Liability), 8.4 (Effects of Termination); and 10 (General).
9. No Technical Support. Xilinx will not provide technical support, phone
support, or updates for the Licensed Materials, OpenOnload and EnterpriseOnload
under this Agreement. Technical support, if available, may be acquired from
Xilinx under a separate agreement.
10. General.
10.1 Governmental Use. The Licensed Materials are comprised of commercial
computer software developed exclusively at the expense of Xilinx. Accordingly,
pursuant to the U.S. government’s Federal Acquisition Regulations (FAR) Section
12.212 and Defense FAR Supplement (DFARS) Section 227.7202, use, duplication
and disclosure of the Licensed Materials by or for the U.S. government is
subject to the restrictions set forth in this Agreement. Manufacturer is
Xilinx, Inc., 2100 Logic Drive, San Jose, CA 95124.
10.2 Export Compliance. Licensee shall adhere to all applicable import and
export laws and regulations of Licensee’s country and of the United States,
without limitation. This Agreement may involve items and information that are
subject to the U.S. government’s International Traffic in Arms Regulations
(ITAR) or Export Administration Regulations (EAR). The importer/exporter of
record shall not export, reexport, resell, transfer, or disclose, directly or
indirectly, any products or technical data, to any proscribed person, entity,
or country, or foreign persons thereof, unless properly authorized by the U.S.
government and/or any other applicable or relevant government or regulatory
body.
10.3 Governing Law. This Agreement and its performance will be governed by,
subject to, and construed in accordance with the laws of the State of
California, excluding conflict of law rules. The parties specifically exclude
from application to this Agreement the United Nations Convention on contracts
for the International Sale of Goods.
10.4 Assignment. Licensee shall not assign this Agreement or transfer any
of the rights or obligations under this Agreement, in whole or in part, by
operation of law or otherwise, without the prior written consent of Xilinx.
Any merger, acquisition, reorganization, change of control, or the like,
involving Licensee shall be deemed an assignment in violation of the foregoing.
Subject to the foregoing, this Agreement will be for the benefit of Xilinx and
its successors and assigns, and will be binding on Licensee’s permitted
assignees.
10.5 Waiver; Amendment. No waiver, express or implied, by either party of
any right or remedy for any breach by the other party of any provision of this
Agreement will be deemed or construed to be a waiver of any succeeding breach
of such provision or as a waiver of the provision itself or of any other breach
or provision. No waiver of or modification or amendment to this Agreement will
be effective unless reduced to writing and executed by authorized
representatives of the parties.
10.6 Severability. If any provision of this Agreement is found
unenforceable, illegal, void or invalid in whole or in part, then it shall to
that extent be deemed not to form part of this Agreement and the remainder of
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XILINX CONFIDENTIAL
2020.02
EXHIBIT A
Licenses Applicable to Xilinx Copyrighted Components in OpenOnload and Enterprise Onload
----------------------------------------------------------------------------------------
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom to share
and change it. By contrast, the GNU General Public License is intended to
guarantee your freedom to share and change free software--to make sure the
software is free for all its users. This General Public License applies to most
of the Free Software Foundation's software and to any other program whose
authors commit to using it. (Some other Free Software Foundation software is
covered by the GNU Library General Public License instead.) You can apply it to
your programs, too.
When we speak of free software, we are referring to freedom, not price. Our
General Public Licenses are designed to make sure that you have the freedom to
distribute copies of free software (and charge for this service if you wish),
that you receive source code or can get it if you want it, that you can change
the software or use pieces of it in new free programs; and that you know you
can do these things.
To protect your rights, we need to make restrictions that forbid anyone to deny
you these rights or to ask you to surrender the rights. These restrictions
translate to certain responsibilities for you if you distribute copies of the
software, or if you modify it.
For example, if you distribute copies of such a program, whether gratis or for
a fee, you must give the recipients all the rights that you have. You must make
sure that they, too, receive or can get the source code. And you must show them
these terms so they know their rights.
We protect your rights with two steps: (1) copyright the software, and (2)
offer you this license which gives you legal permission to copy, distribute
and/or modify the software.
Also, for each author's protection and ours, we want to make certain that
everyone understands that there is no warranty for this free software. If the
software is modified by someone else and passed on, we want its recipients to
know that what they have is not the original, so that any problems introduced
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Finally, any free program is threatened constantly by software patents. We wish
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this, we have made it clear that any patent must be licensed for everyone's
free use or not licensed at all.
The precise terms and conditions for copying, distribution and modification
follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a notice
placed by the copyright holder saying it may be distributed under the terms of
this General Public License. The "Program", below, refers to any such program
or work, and a "work based on the Program" means either the Program or any
derivative work under copyright law: that is to say, a work containing the
Program or a portion of it, either verbatim or with modifications and/or
translated into another language. (Hereinafter, translation is included without
limitation in the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not covered by
this License; they are outside its scope. The act of running the Program is not
restricted, and the output from the Program is covered only if its contents
constitute a work based on the Program (independent of having been made by
running the Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source code as
you receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice and
disclaimer of warranty; keep intact all the notices that refer to this License
and to the absence of any warranty; and give any other recipients of the
Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may
at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it, thus
forming a work based on the Program, and copy and distribute such modifications
or work under the terms of Section 1 above, provided that you also meet all of
these conditions:
a) You must cause the modified files to carry prominent notices stating that
you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in
part contains or is derived from the Program or any part thereof, to be
licensed as a whole at no charge to all third parties under the terms of this
License.
c) If the modified program normally reads commands interactively when run, you
must cause it, when started running for such interactive use in the most
ordinary way, to print or display an announcement including an appropriate
copyright notice and a notice that there is no warranty (or else, saying that
you provide a warranty) and that users may redistribute the program under these
conditions, and telling the user how to view a copy of this License.
(Exception: if the Program itself is interactive but does not normally print
such an announcement, your work based on the Program is not required to print
an announcement.)
These requirements apply to the modified work as a whole. If identifiable
sections of that work are not derived from the Program, and can be reasonably
considered independent and separate works in themselves, then this License, and
its terms, do not apply to those sections when you distribute them as separate
works. But when you distribute the same sections as part of a whole which is a
work based on the Program, the distribution of the whole must be on the terms
of this License, whose permissions for other licensees extend to the entire
whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your
rights to work written entirely by you; rather, the intent is to exercise the
right to control the distribution of derivative or collective works based on
the Program.
In addition, mere aggregation of another work not based on the Program with the
Program (or with a work based on the Program) on a volume of a storage or
distribution medium does not bring the other work under the scope of this
License.
3. You may copy and distribute the Program (or a work based on it, under
Section 2) in object code or executable form under the terms of Sections 1 and
2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code,
which must be distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give
any third party, for a charge no more than your cost of physically performing
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medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute
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The source code for a work means the preferred form of the work for making
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If distribution of executable or object code is made by offering access to copy
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4. You may not copy, modify, sublicense, or distribute the Program except as
expressly provided under this License. Any attempt otherwise to copy, modify,
sublicense or distribute the Program is void, and will automatically terminate
your rights under this License. However, parties who have received copies, or
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long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it.
However, nothing else grants you permission to modify or distribute the Program
or its derivative works. These actions are prohibited by law if you do not
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the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the Program),
the recipient automatically receives a license from the original licensor to
copy, distribute or modify the Program subject to these terms and conditions.
You may not impose any further restrictions on the recipients' exercise of the
rights granted herein. You are not responsible for enforcing compliance by
third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues), conditions
are imposed on you (whether by court order, agreement or otherwise) that
contradict the conditions of this License, they do not excuse you from the
conditions of this License. If you cannot distribute so as to satisfy
simultaneously your obligations under this License and any other pertinent
obligations, then as a consequence you may not distribute the Program at all.
For example, if a patent license would not permit royalty-free redistribution
of the Program by all those who receive copies directly or indirectly through
you, then the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any
particular circumstance, the balance of the section is intended to apply and
the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or
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distribution system, which is implemented by public license practices. Many
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distributed through that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is willing to
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choice.
This section is intended to make thoroughly clear what is believed to be a
consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain
countries either by patents or by copyrighted interfaces, the original
copyright holder who places the Program under this License may add an explicit
geographical distribution limitation excluding those countries, so that
distribution is permitted only in or among countries not thus excluded. In such
case, this License incorporates the limitation as if written in the body of
this License.
9. The Free Software Foundation may publish revised and/or new versions of the
General Public License from time to time. Such new versions will be similar in
spirit to the present version, but may differ in detail to address new problems
or concerns.
Each version is given a distinguishing version number. If the Program specifies
a version number of this License which applies to it and "any later version",
you have the option of following the terms and conditions either of that
version or of any later version published by the Free Software Foundation. If
the Program does not specify a version number of this License, you may choose
any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free programs
whose distribution conditions are different, write to the author to ask for
permission. For software which is copyrighted by the Free Software Foundation,
write to the Free Software Foundation; we sometimes make exceptions for this.
Our decision will be guided by the two goals of preserving the free status of
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NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR
THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE
STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE
PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU
ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE
PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA
BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A
FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER
OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest possible
use to the public, the best way to achieve this is to make it free software
which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest to attach
them to the start of each source file to most effectively convey the exclusion
of warranty; and each file should have at least the "copyright" line and a
pointer to where the full notice is found.
One line to give the program's name and a brief idea of what it does.
Copyright (C) <year> <name of author>
This program is free software; you can redistribute it and/or modify it under
the terms of the GNU General Public License as published by the Free Software
Foundation; either version 2 of the License, or (at your option) any later
version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with
this program; if not, write to the Free Software Foundation, Inc., 59 Temple
Place, Suite 330, Boston, MA 02111-1307 USA
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this when it
starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author Gnomovision comes
with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software,
and you are welcome to redistribute it under certain conditions; type `show c'
for details.
The hypothetical commands `show w' and `show c' should show the appropriate
parts of the General Public License. Of course, the commands you use may be
called something other than `show w' and `show c'; they could even be
mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a programmer) or your school,
if any, to sign a "copyright disclaimer" for the program, if necessary. Here is
a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the program
`Gnomovision' (which makes passes at compilers) written by James Hacker.
signature of Ty Coon, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program into
proprietary programs. If your program is a subroutine library, you may consider
it more useful to permit linking proprietary applications with the library. If
this is what you want to do, use the GNU Library General Public License instead
of this License.
---------------------------------------------------------------------------------------------------------
Xilinx’s Onload Extensions Stub Library (distributed in connection with OpenOnload and Enterprise Onload)
BSD 2-Clause
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS 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 OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
--------------------------------------------------------------------------------
Xilinx’s Etherfabric API and library (ef_vi) (distributed in connection with OpenOnload and Enterprise Onload)
GNU Lesser General Public License
Version 2.1, February 1999
Copyright (C) 1991, 1999 Free Software Foundation, Inc. 59 Temple Place, Suite
330, Boston, MA 02111-1307 USA Everyone is permitted to copy and distribute
verbatim copies of this license document, but changing it is not allowed.
[This is the first released version of the Lesser GPL. It also counts as the
successor of the GNU Library Public License, version 2, hence the version
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The licenses for most software are designed to take away your freedom to share
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To protect your rights, we need to make restrictions that forbid distributors
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