IMPORTANT: Read this Agreement carefully before clicking on the “I accept” button to download the CNUSERS-SDK and/or before using the CNUSERS-SDK.
This License Agreement (the “Agreement”) is a legal agreement between you, either an individual or a single legal entity (“You” or “you”), and Cavium Networks (“Cavium”). This Agreement governs your use of the cnusers-SDK (a subset of the OCTEON SDK) software that can be downloaded after accepting this Agreement and/or that is accompanied by this Agreement (the “CNUSERS-SDK”). You must accept the terms of this Agreement before downloading and/or using the CNUSERS-SDK.
By clicking on the “I accept” button to download and/or by using the CNUSERS-SDK, you are indicating that you have read and understood, and assent to be bound by, the terms of this Agreement. If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the CNUSERS-SDK. If you are not willing to be bound by these terms and conditions, you should not use or cease all use of the CNUSERS-SDK.
1. License Grant. Cavium hereby grants to Licensee a license to the individual files that are contained in the CNUSERS-SDK as follows: The type of license for each of the files contained in the CNUSERS-SDK will be set forth in the header of each file as one of the following: Cnusers-SDK License Type 3, Cnusers-SDK License Type 4, or Cnusers-SDK License Type 5. The terms of each license type are set forth below.
2. Third Party Software. Certain items of independent, third-party code that are included with the CNUSERS-SDK hereunder (“Third Party Code”) are subject to the GNU General Public License (“GPL”) as set forth in the header of each such item of Third Party Code. Nothing in this Agreement limits Licensee’s rights under, or grants Licensee rights that supersede, the terms and conditions of the GPL for such Third Party Code. In particular, nothing in this Agreement restricts Licensee’s right to copy, modify, and distribute such Third Party Code.
CNUSERS-SDK License Type 3 aka OCTEON SDK License Type 3:
IMPORTANT: Read this Agreement carefully before clicking on the “I accept” button to download the Software and/or before using the Software.
This License Agreement (the “Agreement”) is a legal agreement between you, either an individual or a single legal entity (“You” or “you”), and Cavium Networks (“Cavium”). This Agreement governs your use of the Cavium software that can be downloaded after accepting this Agreement and/or that is accompanied by this Agreement (the “Software”). You must accept the terms of this Agreement before downloading and/or using the Software.
By clicking on the “I accept” button to download and/or by using the Software, you are indicating that you have read and understood, and assent to be bound by, the terms of this Agreement. If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the Software. If you are not willing to be bound by these terms and conditions, you should not use or cease all use of the Software.
This Software is the property of Cavium Networks and constitutes the proprietary information of Cavium Networks. You agree to take reasonable steps to prevent the disclosure, unauthorized use or unauthorized distribution of the Software to any third party.
License Grant. Subject to the terms and conditions of this Agreement, Cavium grants you a nonexclusive, non-transferable, worldwide, fully-paid and royalty-free license to
(a) install, reproduce, and execute the executable version of the Software solely for your internal use and solely on hardware and only (a) on hardware manufactured by Cavium, or (b) software of Cavium that simulates Cavium hardware;
(b) create derivative works of any portions of the Software provided to you by Cavium in source code form and identified by contained this Agreement, which portions enable features of the Cavium hardware products you or your licensees are entitled to use, provided that any such derivative works must be used only (a) on hardware manufactured by Cavium, or (b) software of Cavium that simulates Cavium hardware; and
(c) distribute derivative works (in source code and/or executable form) you created in accordance with clause (b) above only if such distribution (i) reproduces the copyright notice that can be found at the very end of this Agreement and (ii) is pursuant to a binding license agreement that contains terms no less restrictive and no less protective of Cavium than this Agreement. You will immediately notify Cavium if you become aware of any breach of any such license agreement.
Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: Except as expressly set forth in this Agreement (a) you will not license, sell, rent, lease, transfer, assign, display, host, outsource, disclose or otherwise commercially exploit or make the Software, or any derivatives you create under this Agreement, available to any third party; (b) you will not modify or create derivative works of any part of the Software; (c) you will not access or use the Software in order to create similar or competitive products, components, or services; and (d), no part of the Software may be copied (except for the making of a single archival copy), reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Ownership. You acknowledge and agree that, subject to the license grant contained in this Agreement and as between you and Cavium (a) Cavium owns all copies of and intellectual property rights to the Software, however made, and retains all rights in and to the Software, including all intellectual property rights therein, and (b) you own all the derivate works of the Software created by you under this Agreement, subject to Cavium’s rights in the Software. There are no implied licenses under this Agreement, and any rights not expressly granted to your hereunder are reserved by Cavium. You will not, at any time, contest anywhere in the world Cavium’s ownership of the intellectual property rights in and to the Software.
Open Source Software. Certain items of independent code that are included with the Software hereunder are subject to the GNU Lesser General Public License (“LGPL”), or other open source or free software licenses, (“Open Source Software”). This Open Source Software is licensed under the terms of the end-user license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in this Agreement restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the LGPL. The terms of this Agreement other than Sections titled “Disclaimer of Warranties”, “Limitation of Liability”, “Basis of Bargain”, “Term and Termination”, “Export”, and “Miscellaneous” will not apply to Open Source Software.
Disclaimer of Warranties. The Software is provided to you free of charge, and on an “As-Is” basis. Cavium provides no technical support, warranties or remedies for the Software. Cavium and its suppliers disclaim all express, implied or statutory warranties relating to the Software, including but not limited to, merchantability, fitness for a particular purpose, title, and non-infringement. Cavium does not warrant that the Software and the use thereof will be error-free, that defects will be corrected, or that the Software is free of viruses or other harmful components. If applicable law requires any warranties with respect to the Software, all such warranties are limited in duration to thirty (30) days from the date of download or first use, whichever comes first.
Limitation of Liability. Neither Cavium nor its suppliers shall be responsible or liable with respect to any subject matter of this Agreement or terms or conditions related thereto under any contract, negligence, strict liability or other theory (a) for loss or inaccuracy of data or cost of procurement of substitute goods, services or technology, or (b) for any indirect, incidental or consequential damages including, but not limited to loss of revenues and loss of profits. Cavium’s aggregate cumulative liability hereunder shall not exceed the greater of Fifty U.S. Dollars (U.S.$50.00) or the amount paid by you for the Software that caused the damage. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Basis of Bargain. The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between Cavium and you. Cavium would not provide the Software without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Cavium and Cavium’s suppliers.
Term and Termination. This Agreement and the licenses granted hereunder are effective on the date you accept the terms of this Agreement, download the Software, or use the Software, whichever comes first, and shall continue unless this Agreement is terminated pursuant to this section. This Agreement immediately terminates in the event that you materially breach any of the terms hereof. You may terminate this Agreement at any time, with or without cause, by destroying any copies of the Software in your possession. Upon termination, the license granted hereunder shall terminate but the Sections titled “Restrictions”, “Ownership”, “Disclaimer of Warranties”, “Limitation of Liability”, “Basis of Bargain”, “Term and Termination”, “Export”, and “Miscellaneous” will remain in effect.
Export. The Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledges that you have the responsibility to obtain authorization to export, re-export, or import the Software and related technology, as may be required. You will indemnify and hold Cavium harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section. Your obligations under this section shall survive the expiration or termination of this Agreement.
Miscellaneous. Neither the rights nor the obligations arising under this Agreement are assignable by you, and any such attempted assignment or transfer shall be void and without effect. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to any conflicts of laws provisions that would require application of the laws of another jurisdiction. Any action under or relating to this Agreement shall be brought in the state and federal courts located in California, with venue in the courts located in Santa Clara County and each party hereby submits to the personal jurisdiction of such courts; provided, however, that nothing herein will operate to prohibit or restrict Cavium from filing for and obtaining injunctive relief from any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. In the event that any provision of this Agreement is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. Any notice to you may be provided by email. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous, agreements, understandings and communications between the parties, whether written or oral, pertaining to the subject matter hereof. Any modifications of this Agreement must be in writing and agreed to by both parties.
Copyright (c) 2003-2007, Cavium Networks. All rights reserved.
CNUSERS-SDK License Type 4 aka OCTEON SDK License Type 4:
Author: Cavium Networks
This file is part of the CNUSERS-SDK
Copyright (c) 2007 Cavium Networks
This file is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License, Version 2, as published by
the Free Software Foundation.
This file is distributed in the hope that it will be useful,
but AS-IS and WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE, TITLE, or NONINFRINGEMENT.
See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with this file; if not, write to the Free Software
Foundation, Inc., 51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA or visit http://www.gnu.org/licenses/.
This file may also be available under a different license from Cavium.
Contact Cavium Networks for more information
CNUSERS-SDK License Type 5 aka OCTEON SDK License Type 5:
Copyright (c) 2003-2007 Cavium Networks (email@example.com). All rights
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
* 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 Cavium Networks nor the names of
its contributors may be used to endorse or promote products
derived from this software without specific prior written
This Software, including technical data, may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You warrant that You will comply strictly in all respects with all such regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export or import the Software.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS AND CAVIUM NETWORKS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND CAVIUM SPECIFICALLY DISCLAIMS ALL IMPLIED (IF ANY) WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, QUIET ENJOYMENT, QUIET POSSESSION OR CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE LIES WITH YOU.