Third party software in FUJITSU ServerView Agentless Service (June 2020) Third party software is included in this product. The products and the corresponding license type are listed in the following table. The license texts are all given below. Product Name Version License Type / URL ---------------------------------------------------------------------------------------------------------------------------------- rapidjson 0.11 MIT/X11 rapidjson 1.1.0 http://rapidjson.org boost 1.70.0 http://www.boost.org libcurl 7.65.0 http://curl.haxx.se libcurl 7.87.0 http://curl.haxx.se DEELX 1.2 http://www.regexlab.com/en/deelx deelx-stl-wrapper 111e53be1002 https://code.google.com/p/deelx-stl-wrapper dtwinver 2.38 http://www.naughter.com/dtwinver.html Intel SSD Data Center Tool 3.0.20 http://downloadcenter.intel.com libpciaccess 0.13.5 http://cgit.freedesktop.org/xorg/lib/libpciaccess Looks 2.3.0 http://www.jgoodies.com/freeware/libraries/looks OpenLDAP 2.4.44 http://www.openldap.org OpenSSL 1.0.2 http://www.openssl.org OpenSSL 1.1.1 http://www.openssl.org Zlib V 1.2.12 zlib/libpng miniz V 2.1.0 MIT/X11 sdparm V 1.10 BSD3-Clause StoreCLI 7.910.00 http://www.avagotech.com StoreLib 4.70 & 7.3 http://www.avagotech.com StoreLibIR 5.07 http://www.avagotech.com StoreLibIR2 20.09 http://www.avagotech.com StoreLibIR3 15.02 http://www.avagotech.com StoreLibV 07.1105.100 http://www.avagotech.com pugixml 1.7 http://pugixml.org SanDisk Fusion ioSphere SDK 3.18.0 http://www.sandisk.com Intel LAN Tool SDK 2.32.20 Copyright by Intel jwt-cpp 0.3.1 MIT/X11 Written offer for product ServerView Agentless Service For software in binary form which is integrated in the product and which is licensed under an open source license that gives you the right to receive the source code for that binary, you can obtain a copy of the applicable source code from FUJITSU on physical media by sending a request by email to the following email address primergy-opensource@ts.fujitsu.com. Your request by email must be sent within three (3) years of the date you received the product that included the binary that is the subject of your request. Your request by email should include: � The name of the binary for which you are requesting the source code � The name and version number of the product containing the binary � The date you received the product � Your name/company name and � Your return mailing address and email. Please also note the following: FUJITSU may charge you a fee to cover the cost of physical media and processing. You can also find the source code of the open source components on the download web site http://support.ts.fujitsu.com/ located in the same place as the software product itself. ------------------------------------------------------------ ------------------------------------------------------------ rapidjson ------------------------------------------------------------ Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. ------------------------------------------------------------ ------------------------------------------------------------ boost ------------------------------------------------------------ Boost Software License - Version 1.0 - August 17th, 2003 Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following: The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. ------------------------------------------------------------ ------------------------------------------------------------ cURL (libcurl) ------------------------------------------------------------ COPYRIGHT AND PERMISSION NOTICE Copyright (c) 1996 - 2015, Daniel Stenberg, . All rights reserved. Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder. ------------------------------------------------------------ ------------------------------------------------------------ DEELX ------------------------------------------------------------ Copyright Announcement: Free to use/redistribute. Provenance must be declared when redistributed: http://www.regexlab.com/deelx/ DEELX is a free laboratory product. DEELX is free for personal use and commercial use. ------------------------------------------------------------ ------------------------------------------------------------ deelx-stl-wrapper ------------------------------------------------------------ Copyright (c) 2010, Kevin Hall All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * 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. * The names of contributors may not be used to endorse or promote products derived from this software without specific prior written permission. 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. ------------------------------------------------------------ ------------------------------------------------------------ Dtwinver ------------------------------------------------------------ Copyright (c) 1997 - 2015 by PJ Naughter (Web: www.naughter.com, Email: pjna@naughter.com) All rights reserved. Copyright / Usage Details: You are allowed to include the source code in any product (commercial, shareware, freeware or otherwise) when your product is released in binary form. You are allowed to modify the source code in any way you want except you cannot modify the copyright details at the top of each module. If you want to distribute source code with your application, then you are only allowed to distribute versions released by the author. This is to maintain a single distribution point for the source code. ------------------------------------------------------------ ------------------------------------------------------------ Intel SSD Data Center Tool (isdct) ------------------------------------------------------------ Intel Non-Volatile Memory Solutions Group (NSG) End-User Software License Agreement 1 LICENSE. This Software is licensed for use only in conjunction with Intel solid state drive (SSD) products. Use of the Software in conjunction with non-Intel SSD products is not licensed hereunder. Subject to the terms of this Agreement, Intel grants to You a nonexclusive, nontransferable, worldwide, fully paid-up license under Intel's copyrights to: a) copy the Software onto a single computer or multiple computers for Your personal, noncommercial use; and b) make appropriate back-up copies of the Software, for use in accordance with Section 1a) above. The Software may contain the software or other property of third party suppliers, some of which may be identified in, and licensed in accordance with, any enclosed "license.txt" file or other text or file. Except as expressly stated in this Agreement, no license or right is granted to You directly or by implication, inducement, estoppel or otherwise. Intel will have the right to inspect or have an independent auditor inspect Your relevant records to verify Your compliance with the terms and conditions of this Agreement. 2 RESTRICTIONS. You will not: a) copy, modify, rent, sell, distribute or transfer any part of the Software, and You agree to prevent unauthorized copying of the Software; and, b) reverse engineer, decompile, or disassemble the Software; and, c) sublicense or permit simultaneous use of the Software by more than one user; and, d) otherwise assign, sublicense, lease, or in any other way transfer or disclose Software to any third party, except as set forth herein; and, e) subject the Software, in whole or in part, to any license obligations of Open Source Software including without limitation combining or distributing the Software with Open Source Software in a manner that subjects the Software or any portion of the Software provided by Intel hereunder to any license obligations of such Open Source Software. "Open Source Software" means any software that requires as a condition of use, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software: i) be disclosed or distributed in source code form; or ii) be licensed by the user to third parties for the purpose of making and/or distributing derivative works; or iii) be redistributable at no charge. Open Source Software includes, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models substantially similar to any of the following: i) GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL), ii) the Artistic License (e.g., PERL), iii) the Mozilla Public License, iv) the Netscape Public License, v) the Sun Community Source License (SCSL), vi) the Sun Industry Source License (SISL), vii) the Apache Software license, and viii) the Common Public License (CPL). 3 OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with Intel or its suppliers. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software. Intel may make changes to the Software, or to materials referenced therein, at any time and without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, Intel grants no express or implied right or license under Intel patents, copyrights, trademarks, or other intellectual property rights. 4 ENTIRE AGREEMENT. This Agreement contains the complete and exclusive statement of the agreement between You and Intel and supersedes all proposals, oral or written, and all other communications relating to the subject matter of this Agreement. Only a written instrument duly executed by authorized representatives of Intel and You may modify this Agreement. 5 LIMITED MEDIA WARRANTY. If the Software has been delivered by Intel on physical media, Intel warrants the media to be free from material physical defects for a period of ninety (90) days after delivery by Intel. If such a defect is found, return the media to Intel for replacement or alternate delivery of the Software as Intel may select. 6 EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Intel does not warrant or assume responsibility for any errors, the accuracy or completeness of any information, text, graphics, links or other materials contained within the Software. 7 LIMITATION OF LIABILITY. IN NO EVENT WILL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 8 TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if You violate its terms. Upon termination, You will immediately destroy the Software or return all copies of the Software to Intel. 9 APPLICABLE LAWS. Claims arising under this Agreement will be governed by the laws of Delaware, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. You may not export the Software in violation of applicable export laws and regulations. Intel is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Intel. 10 GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use of the Software by the Government constitutes acknowledgment of Intel's proprietary rights therein. Contractor or Manufacturer is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA 95054. ------------------------------------------------------------ ------------------------------------------------------------ libpciaccess ------------------------------------------------------------ (C) Copyright IBM Corporation 2006, 2007 (C) Copyright Eric Anholt 2006 Copyright (c) 2007, 2008, 2009, 2011, Oracle and/or its affiliates. Copyright 2009 Red Hat, Inc. All Rights Reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation on the rights to use, copy, modify, merge, publish, distribute, sub license, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice (including the next paragraph) shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL IBM AND/OR THEIR SUPPLIERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. ------------------------------------------------------------------------------ Copyright (c) 2008 Juan Romero Pardines Copyright (c) 2008 Mark Kettenis Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies. THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. ------------------------------------------------------------------------------ Copyright (C) 2000 The XFree86 Project, Inc. All Rights Reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE XFREE86 PROJECT BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. Except as contained in this notice, the name of the XFree86 Project shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from the XFree86 Project. ------------------------------------------------------------ ------------------------------------------------------------ Looks ------------------------------------------------------------ The BSD License for the JGoodies Looks ====================================== Copyright (c) 2001-2008 JGoodies Karsten Lentzsch. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: o Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. o 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. o Neither the name of JGoodies Karsten Lentzsch nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. 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 OWNER 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. ------------------------------------------------------------ ------------------------------------------------------------ OpenLDAP ------------------------------------------------------------ Copyright 1998-2014 The OpenLDAP Foundation All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted only as authorized by the OpenLDAP Public License. A copy of this license is available in the file LICENSE in the top-level directory of the distribution or, alternatively, at . OpenLDAP is a registered trademark of the OpenLDAP Foundation. Individual files and/or contributed packages may be copyright by other parties and/or subject to additional restrictions. This work is derived from the University of Michigan LDAP v3.3 distribution. Information concerning this software is available at . This work also contains materials derived from public sources. Additional information about OpenLDAP can be obtained at . --- Portions Copyright 1998-2012 Kurt D. Zeilenga. Portions Copyright 1998-2006 Net Boolean Incorporated. Portions Copyright 2001-2006 IBM Corporation. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted only as authorized by the OpenLDAP Public License. --- Portions Copyright 1999-2008 Howard Y.H. Chu. Portions Copyright 1999-2008 Symas Corporation. Portions Copyright 1998-2003 Hallvard B. Furuseth. Portions Copyright 2007-2011 Gavin Henry. Portions Copyright 2007-2011 Suretec Systems Ltd. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that this notice is preserved. The names of the copyright holders may not be used to endorse or promote products derived from this software without their specific prior written permission. This software is provided ``as is'' without express or implied warranty. --- Portions Copyright (c) 1992-1996 Regents of the University of Michigan. All rights reserved. Redistribution and use in source and binary forms are permitted provided that this notice is preserved and that due credit is given to the University of Michigan at Ann Arbor. The name of the University may not be used to endorse or promote products derived from this software without specific prior written permission. This software is provided ``as is'' without express or implied warranty. ------------------------------------------------------------ ------------------------------------------------------------ OpenSSL ------------------------------------------------------------ LICENSE ISSUES ============== The OpenSSL toolkit stays under a dual license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit. See below for the actual license texts. Actually both licenses are BSD-style Open Source licenses. In case of any license issues related to OpenSSL please contact openssl-core@openssl.org. OpenSSL License --------------- /* ==================================================================== * Copyright (c) 1998-2008 The OpenSSL Project. All rights reserved. * * 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. * * 3. All advertising materials mentioning features or use of this * software must display the following acknowledgment: * "This product includes software developed by the OpenSSL Project * for use in the OpenSSL Toolkit. (http://www.openssl.org/)" * * 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to * endorse or promote products derived from this software without * prior written permission. For written permission, please contact * openssl-core@openssl.org. * * 5. Products derived from this software may not be called "OpenSSL" * nor may "OpenSSL" appear in their names without prior written * permission of the OpenSSL Project. * * 6. Redistributions of any form whatsoever must retain the following * acknowledgment: * "This product includes software developed by the OpenSSL Project * for use in the OpenSSL Toolkit (http://www.openssl.org/)" * * THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY * EXPRESSED 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 OpenSSL PROJECT OR * ITS 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. * ==================================================================== * * This product includes cryptographic software written by Eric Young * (eay@cryptsoft.com). This product includes software written by Tim * Hudson (tjh@cryptsoft.com). * */ Original SSLeay License ----------------------- /* Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com) * All rights reserved. * * This package is an SSL implementation written * by Eric Young (eay@cryptsoft.com). * The implementation was written so as to conform with Netscapes SSL. * * This library is free for commercial and non-commercial use as long as * the following conditions are aheared to. The following conditions * apply to all code found in this distribution, be it the RC4, RSA, * lhash, DES, etc., code; not just the SSL code. The SSL documentation * included with this distribution is covered by the same copyright terms * except that the holder is Tim Hudson (tjh@cryptsoft.com). * * Copyright remains Eric Young's, and as such any Copyright notices in * the code are not to be removed. * If this package is used in a product, Eric Young should be given attribution * as the author of the parts of the library used. * This can be in the form of a textual message at program startup or * in documentation (online or textual) provided with the package. * * 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 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. * 3. All advertising materials mentioning features or use of this software * must display the following acknowledgement: * "This product includes cryptographic software written by * Eric Young (eay@cryptsoft.com)" * The word 'cryptographic' can be left out if the rouines from the library * being used are not cryptographic related :-). * 4. If you include any Windows specific code (or a derivative thereof) from * the apps directory (application code) you must include an acknowledgement: * "This product includes software written by Tim Hudson (tjh@cryptsoft.com)" * * THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``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 AUTHOR 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. * * The licence and distribution terms for any publically available version or * derivative of this code cannot be changed. i.e. this code cannot simply be * copied and put under another distribution licence * [including the GNU Public Licence.] */ ------------------------------------------------------------ ------------------------------------------------------------ Zlib ------------------------------------------------------------ Copyright (C) 1995-2005 Jean-loup Gailly and Mark Adler This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions: 1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. 2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. 3. This notice may not be removed or altered from any source distribution. Jean-loup Gailly Mark Adler jloup@gzip.org madler@alumni.caltech.edu The data format used by the zlib library is described by RFCs (Request for Comments) 1950 to 1952 in the files http://www.ietf.org/rfc/rfc1950.txt (zlib format), rfc1951.txt (deflate format) and rfc1952.txt (gzip format). ------------------------------------------------------------ ------------------------------------------------------------ miniz ------------------------------------------------------------ Copyright 2013-2014 RAD Game Tools and Valve Software Copyright 2010-2014 Rich Geldreich and Tenacious Software LLC All Rights Reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. ------------------------------------------------------------ ------------------------------------------------------------ sdparm ------------------------------------------------------------ Copyright (c) 2005-2010 Douglas Gilbert. All rights reserved. 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. 3. The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE AUTHOR 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 AUTHOR 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. ******************************************************************************** * * StorCLI * ******************************************************************************** ----- integrated component by Avago Technologies - ----- StoreCLI 1.17.08 Copyright by Avago Technologies The Cajun C++ API for Java Script Object Notation (JSON) source code is available from sourceforge at the location: http://sourceforge.net/projects/cajun-jsonapi/ Excluding portions modified by LSI Corporation, the Cajun C++ API for JSON code is distributed under the following copyrights and BSD-style license: Copyright (c) 2009-2010, Terry Caton All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * 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. * Neither the name of the project nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. 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 OWNER 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. ******************************************************************************** * * storelib, StoreLibIR, StoreLibIR2, StoreLibIR3, StoreLibV * ******************************************************************************** Copyright 2005-2017 Broadcom Limited. All rights reserved. ******************************************************************************** * * pugixml * ******************************************************************************** Copyright (c) 2006-2016 Arseny Kapoulkine Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. ******************************************************************************** * * ioSphere * ******************************************************************************** END-USER LICENSE AGREEMENT (9.15.14) IMPORTANT - PLEASE READ CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE PRODUCT. This end-user license agreement ("EULA") is a legal agreement between you (either an individual or the entity you represent ("you") and Fusion-io, Inc., a wholly-owned subsidiary of SanDisk Corporation ("Fusion-io") that governs your use of the generally available Fusion-io software product, user guide, and any related utilities and user documentation (collectively, the "Software"); your use of a beta release of a Fusion-io software product, user guide, and any related utilities and user documentation (collectively, "Beta Software") and your use of Fusion-io's software development kit entitled "Fusion-io Management SDK" and any related user documentation (collectively, "SDK File"). The Software, Beta Software, and SDK Files are interchangeably referred to in this EULA as the "Product". RIGHTS IN THE PRODUCT ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT ACCEPT THIS EULA, DO NOT INSTALL, DOWNLOAD OR OTHERWISE USE THE PRODUCT. 1. LICENSE TO THE PRODUCT. Subject to the restrictions set forth in this EULA, Fusion-io grants you a non-sub-licensable, nontransferable, nonexclusive, limited license during the term of this EULA to: (a) use one copy of the Software or Beta Software in connection with the Fusion-io hardware product that corresponds with the Software or Beta Software and; (b) make a single copy of the Software or Beta Software for backup or archival purposes only, as long as the copy contains all of the original proprietary notices; and (c) use one copy of the SDK File as permitted in Section 1.1(a)(i)1.1(b) of this EULA below and make a single copy of the SDK File for backup or archival purposes only, as long as the copy contains all of the original proprietary notices. 2. EVALUATION LICENSE. If Fusion-io has provided you with the Software solely for internal evaluation to determine whether you will purchase one or more of the corresponding hardware products, Fusion-io grants to you a limited, non-exclusive, non-transferable license, without right of sublicense, to internally use the Software, without modification, solely for evaluation purposes during the Evaluation Period ("Evaluation License"). The "Evaluation Period" means the 30 days following the date you initially download the Software unless Fusion-io agrees in writing to extend the period or otherwise to a longer Evaluation Period for a specified period of time. The Software may be used only by those of your employees that must have access to the Software in order to permit you to evaluate the Software and corresponding hardware product. 3. RESTRICTIONS ON USE. Except as expressly permitted under this EULA, you may not modify the Product or disable any licensing or control feature of the Product. You may not rent, lease, sublicense, sell, assign, loan, or otherwise transfer the Product or any of your rights and obligations under this EULA. You may not remove or destroy any copyright notices or other proprietary markings from the Product. Except to the extent expressly permitted by applicable law or as expressly permitted under this EULA, you may not alter, modify, adapt, reverse-engineer, disassemble, or decompile the Product, merge the Product into another program, or create derivative works based on the Product. You may not modify, alter, or change the configuration parameters of the Product to deviate from Fusion-io's published configuration parameter settings. You may not use the Product to develop any product having the same primary function as the Product. Additional restrictions on use may appear in the user documentation. 4. THIRD PARTY SOFTWARE. The Product may contain or be distributed with third party software covered by an open source software license ("Open Source Software") or software covered by a license other than the one granted by this EULA ("Third Party Software"). If Open Source Software is included, the terms and conditions of this license do not apply to the Open Source Software. If Third Party Software is included, the terms and conditions of this license may not apply to Third Party Software. Information concerning the inclusion of Open Source Software and Third Party Software, if any, and the notices, license terms, and disclaimers applicable to that software are generally contained in a corresponding license file identified with file names such as "notice", "license", "license.txt", "readme", "readme.txt", or "copying". You should contact Fusion-io support if you cannot locate the Open Source Software or Third Party Software licenses for the Product. If, in a notice file, Fusion-io identifies code as "Modifiable Code", Fusion-io authorizes you to a) modify the Modifiable Code, and b) reverse engineer the Product modules that directly interface with the Modifiable Code, provided you do so only for the purpose of debugging your modifications to the Modifiable Code. If the Open Source Software licenses include a license that provides for the availability of source code (e.g., the GNU General Public License) and the corresponding source code is not included with the Product, check Fusion-io's product support pages to learn how to obtain such source code. 5. RESERVATION OF RIGHTS. The licenses granted to you under this EULA are not a transfer or sale of Fusion-io's or its suppliers' ownership rights in or to the Product. Except for the licenses expressly granted under this EULA, Fusion-io and its suppliers retain all right, title, and interest (including all intellectual property rights) in and to the Product. The Product is protected by applicable intellectual property laws, including United States patent and copyright laws and international property laws and treaties. Fusion-io and its suppliers reserve all rights not expressly granted to you in this EULA. 6. FEEDBACK. If Fusion-io has provided you with Beta Software or has granted you an Evaluation License, your use of the Product is subject to the additional terms contained in this Section 6. To help Fusion-io prepare the Beta Software for commercial release, Fusion-io is providing you with access to a copy of the Beta Software so that you can test and evaluate the Beta Software and provide feedback concerning the Beta Software, including identifying potential errors and improvements ("Feedback"). If this EULA grants you an Evaluation License, you may be required to provide such Feedback to Fusion-io under the terms of your evaluation agreement. Fusion-io will own all right, title, and interest in and to any Feedback you provide, and you hereby assign all of your rights in the Feedback to Fusion-io. Fusion-io may use the Feedback, free of charge, without obtaining your consent. 7. CONFIDENTIALITY. You will maintain the confidentiality of and not disclose to any third party: (a) all non-public information disclosed by Fusion-io to you under this EULA and (b) all Feedback, benchmark and performance data, and other information obtained through your use, testing and evaluation of the Software or Beta Software. 8. LIMITED WARRANTY AND DISCLAIMER. Fusion-io warrants that, for a period of 90 days from the date the Software is first installed, when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software. SOFTWARE GOVERNED BY AN EVALUATION LICENSE, BETA SOFTWARE, AND SDK FILES ARE PROVIDED "AS IS" AND FUSION-IO DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO SUCH PRODUCTS. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, FUSION-IO AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. FUSION-IO DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR THAT THE PRODUCT WILL OPERATE WITHOUT INTERRUPTION. THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. FUSION-IO SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 9. UPGRADES. To use software provided by Fusion-io as an upgrade, update, or supplement (collectively "Upgrade"), you must first be licensed for the original Product identified by Fusion-io as eligible for the Upgrade. To the extent the Upgrade supersedes the original Product, you may no longer use such Product. This EULA applies to each Upgrade unless Fusion-io provides other terms with the Upgrade. In case of a conflict between this EULA and such other terms, the other terms will prevail. 10. CONSENT TO USE OF DATA. Fusion-io may collect technical information relating to your use of Products. You grant Fusion-io and its contractors a perpetual, irrevocable right to use and disclose non-identifiable information relating to your use of the Products, as long as any disclosed information does not include a key or other mechanism that would enable the information to be re-identified. 11. AUDIT. You agree that Fusion-io may audit your use of the Product for compliance with these terms at any time, upon reasonable notice. If such an audit reveals any use of the Product by you other than in full compliance with the terms of this EULA, you will reimburse Fusion-io for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance. 12. TERMINATION. This EULA will be effective upon installation of the Product and will terminate upon the earlier of: (a) your failure to comply with any term of this EULA; (b) your return, destruction, or deletion of all instances and copies of the Product in your possession; (c) conclusion of the Evaluation Period, if this EULA grants you an Evaluation License; (d) six months after release of a "generally available" version of any Beta Software Fusion-io has provided you under this EULA; or (e) one year after your initial download of Beta Software Fusion-io has provided you under this EULA. Upon termination of this EULA, at Fusion-io's request, you will certify in writing to Fusion-io that all instances and copies of the Product, or any portion thereof, have either been returned to Fusion-io or otherwise destroyed or deleted from any of your computers or storage devices. Fusion-io's rights and your obligations will survive the termination of this EULA. 13. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the entire liability of Fusion-io and its suppliers under this EULA and your exclusive remedy under this EULA will be limited to the greater of the amount actually paid by you for the Product, or U.S. $50.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FUSION-IO OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY) RELATED IN ANY WAY TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF FUSION-IO OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE ABOVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states or other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 14. U.S. GOVERNMENT RESTRICTED RIGHTS. If the Product is licensed for use by the United States or for use in the performance of a United States government prime contract or subcontract, you agree that the Product is delivered as: (a) "commercial computer software" as defined in DFARS 252.227-7014, Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (Feb. 2012); (b) a "commercial item" as defined in FAR 2.101; or (c) "restricted computer software" as defined in FAR 52.227-14(a), Rights in Data--General (Dec. 2007); whichever is applicable. The use, duplication, and disclosure of the Product by the Department of Defense shall be subject to the terms and conditions set forth in this EULA as provided in DFARS 227.7202 (Dec. 2011). All other use, duplication and disclosure of the Product by the United States shall be subject to the terms and conditions set forth in this EULA and the restrictions contained in subsection (b) of FAR 52.227-19, Commercial Computer Software (Dec. 2007), or FAR 52.227-14, Rights in Data -- General Alternative III (Dec. 2007). As defined in the FAR and DFARS, contractor/licensor is Fusion-io, Inc. 2855 E. Cottonwood Parkway, Suite 100, Salt Lake City, UT 84121. 15. GOVERNING LAW. This EULA is governed by the laws of the State of Utah without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts sitting in Salt Lake County, Utah to resolve any disputes arising under this EULA. In each case this EULA will be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. 16. EXPORT LAWS. You will comply with all laws, rules, and regulations (a) applicable to the export or import of the Product, or (b) restricting the use of the Product, including any restrictions on nuclear, chemical, or biological weapons proliferation. 17. NO WAIVER; AUTHORIZED REPRESENTATIVES. The failure or delay of Fusion-io to exercise any of its rights under this EULA or upon any breach of this EULA will not be or be deemed a waiver of those rights or of the breach. No Fusion-io dealer, agent, or employee is authorized to make any amendment to this EULA unless such amendment is in writing and signed by a duly authorized representative of Fusion-io. 18. ENTIRE AGREEMENT. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications, agreements, and understandings relating to the Product, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Product licensed under this EULA will be of no effect. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this EULA will remain in full force and effect. 19. BETA RELEASES. IF THE SOFTWARE ACCOMPANYING THIS EULA IS Beta Software, YOUR DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE BETA SOFTWARE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS IN ADDITION TO THOSE DESCRIBED IN SECTIONS 1 THROUGH 17. OF THIS EULA: (a) Risks of Using Beta Software. Fusion-io has not commercially released the Beta Software, and the Beta Software has not yet been tested like other commercially released software that you may use. Therefore, it is likely that the Beta Software will contain errors, including errors that may cause the Beta Software or your computer or device to malfunction or cause a loss of data. If you do not wish to accept the risk of errors in the Beta Software, please do not install or use the Beta Software. Furthermore, Fusion-io is not obligated to correct errors, correct the effects of errors (e.g., fix your computer or recover lost data), or provide any technical support related to use of the Beta Software. (b) Restrictions on Use. You may not use the Beta Software in a live production environment or in conjunction with revenue bearing traffic. 20. SDK FILES. IF THE SOFTWARE ACCOMPANYING THIS EULA CONSISTS OF OR INCLUDES AN SDK FILE, YOUR DOWNLOADING, INSTALLATING, COPYING, AND OTHERWISE USING THE SDK FILE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS IN ADDITION TO THOSE DESCRIBED IN SECTIONS 1 THROUGH 18 OF THIS EULA: (a) Definitions. The SDK File includes the Toolkit and the Run-Time Library. The "Toolkit" means the software development tool kit. The "Run-Time Library" means a library of data or routines produced by or operated in conjunction with the Toolkit. (b) License to the SDK Files. Subject to the restrictions set forth in this EULA, Fusion-io grants you a nontransferable, nonexclusive, limited license during the term of this EULA to: (a) use, copy and distribute the Run-Time Library, in object code form only, and only in conjunction with the distribution of your own products; (b) use the Toolkit in object code form only, solely to incorporate the Run-Time Library into products; (c) modify any sample code provided as part of the SDK File; and (d) reproduce and distribute externally, in object code format only, and sublicense to end users the right to use, any sample source code provided as part of the SDK File or derivatives thereof (pursuant to subsection (c) above), solely as incorporated into or bundled with the your products. (c) Use of the SDK File. The Toolkit is licensed as a single product. The Toolkit is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the persistent storage (e.g., hard disk, CD-ROM, or other storage device) of that computer. You may not disable any licensing or control feature of the SDK File. (d) Indemnity. You agree to defend, indemnify, and hold Fusion-io and its suppliers harmless from and against any and all costs, damages, losses, claims and lawsuits, including attorneys' fees, that arise or result from the use or distribution of your own products, provided that Fusion-io gives you prompt written notice of any such claim, tenders to you the defense or settlement of such a claim at your expense, and cooperates with you, at your expense, in defending or settling such claim. 21. DEFINITIONS. (a) "Fusion-io" refers to Fusion-io, Inc., SanDisk Corporation and the Affiliates of Fusion-io, Inc. and SanDisk Corporation. (b) "Affiliate" means any entity that Controls, is Controlled by, or is under common Control with another person or entity. (c) "Control" means more than 50% of the ownership of voting shares, by contract or otherwise; but in any such case: (i) such entity shall be deemed to be an Affiliate only so long as such Control exists, and (ii) such entities that would be considered to be under Control solely as a result of being controlled by a government of any sovereign country are hereby excluded. Please direct all questions concerning this Agreement to: Fusion-io, Inc., 2855 E. Cottonwood Parkway, Suite 100, Salt Lake City, UT 84121; Attention: Legal Department. ------------------------------------------------------------- INTEL LAN Tools SDK -------------------------------------------------------------- Binaries used by from this SDK: - CUDLWIN64E.lib: Copyright by Intel - NALWIN64E.lib: Copyright by Intel