Name: driver/fc/qlc
        Summary: QLogic ISP Fibre Channel device storage and NIC driver
      Publisher: solaris
        Version: 11.4
  Build Release: 5.11
         Branch: 11.4.42.0.0.111.1
 Packaging Date: Fri Dec  3 21:29:25 2021
           Size: 13.93 MB
Compressed Size: 5.56 MB
           FMRI: pkg://solaris/driver/fc/qlc@11.4,5.11-11.4.42.0.0.111.1:20211203T212925Z

License:
This package may include QLOGIC QLC FIRMWARE,
which may be subject to the following notice(s):

    This license applies to the firmware binary files associated with the
    QLogic qlc hba driver.
    
    THIS PRODUCT CONTAINS COMPUTER PROGRAMS AND RELATED DOCUMENTATION 
    ("SOFTWARE") THAT BELONG TO QLOGIC CORPORATION ("QLOGIC"), THE USE OF WHICH
    IS SUBJECT TO THIS END USER SOFTWARE LICENSE AGREEMENT ("AGREEMENT") UNLESS
    OTHERWISE AGREED TO IN WRITING BY QLOGIC.  CLICKING ON THE "AGREE" BUTTON
    BELOW, INSTALLING/USING THE SOFTWARE OR ENTERING A LICENSE KEY CONSTITUTES
    ACCEPTANCE BY LICENSEE ("LICENSEE" MEANS YOU OR THE BUSINESS ENTITY ON WHOSE
    BEHALF YOU USE OR INSTALL THE SOFTWARE, AS APPLICABLE) OF ALL THE TERMS AND
    CONDITIONS OF THIS AGREEMENT UNLESS OTHERWISE AGREED TO IN WRITING BY QLOGIC.
    IF LICENSEE DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
    LICENSEE SHALL NOT INSTALL/USE THE SOFTWARE OR ENTER A LICENSE KEY.  WRITTEN
    APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS 
    AGREEMENT. 
    
    1. License Grant.  Subject to the terms and conditions of this 
       Agreement, QLogic grants Licensee a limited, non-exclusive license 
       to redistribute, install, download and/or use the Software (in 
       object code form only) with certain approved products manufactured 
       by or for QLogic and approved products manufactured by or for an OEM 
       customer of QLogic ("QLogic Approved Products").  This license is 
       only available to original end user purchasers of QLogic Approved 
       Products that have been purchased through QLogic authorized 
       distribution channels or approved OEM distribution channels.  This 
       license is not available to any end users of QLogic products who 
       have purchased QLogic products, which have previously been used and 
       the license is not available to any purchaser of QLogic application 
       specific integrated circuits ("ASICs") or any product incorporating 
       an ASIC, unless the product incorporating the ASIC is a QLogic 
       Approved Product.  No rights or licenses in the Software are granted 
       to Licensee other than those rights expressly granted in this 
       Agreement.  Nothing in this License entitles Licensee to any 
       upgrades or updates to, or future releases of, the Software. If 
       Licensee redistributes the Software, then Licensee shall reproduce 
       all copyright notices and must include this Agreement or an 
       agreement which is at least as restrictive as this Agreement.
    
    2. Permitted Use.  Licensee may only install and use the Software in 
       accordance with the documentation provided with the Software and 
       with QLogic Approved Products.  
    
    3. Intellectual Property Rights.  The Software contains or embodies 
       intellectual property of QLogic (or any of its licensors). The 
       structure, organization and code are valuable trade secrets of 
       QLogic (or its licensors). QLogic and/or its licensors do not grant, 
       convey or license to Licensee any rights under any patents, 
       copyrights, trademarks or any other intellectual property except as 
       specifically granted herein. The Software is protected under U.S. 
       copyright laws, international treaty provisions and applicable laws 
       (including patent laws, if applicable) of the country in which it is 
       being used. Any unauthorized duplication of the Software is 
       expressly forbidden.
    
    4. Ownership of Software. Notwithstanding anything to the contrary, 
       QLogic and its licensors retain all title to and, except as 
       expressly and unambiguously licensed herein, all rights and interest 
       in (i) the Software, all copies and derivative works thereof (by 
       whomever produced), and (ii) all copyright rights, patent rights, 
       trade secret rights, moral rights and all other intellectual 
       property and proprietary rights anywhere in the world in the 
       Software.  The Software is only licensed to Licensee and is not 
       sold. 
    
    5. Restrictions and Cooperation.  Licensee shall not (and shall not 
       allow any third party to) (i) decompile, disassemble, or otherwise 
       reverse engineer or attempt to reconstruct or discover any source 
       code, or underlying ideas or algorithms of the Software (except to 
       the extent expressly permitted under applicable law); (ii) provide, 
       lease, lend, use for timesharing or otherwise use or allow others to 
       use the Software to or for the benefit of third parties; (iii) 
       except as specified in the applicable user documentation, modify, 
       incorporate into or with other hardware or software, or create a 
       derivative work of any part of the Software; (iv) disseminate 
       performance information or analysis from any source relating to the 
       Software; (v) make any copies of the Software except as required to 
       use the Software as licensed hereunder, except for one (1) copy 
       solely for archival and back-up purposes,  or (vi) remove any 
       product identification, copyright notice or other proprietary legend 
       from the Software.  Licensee agrees to cooperate with QLogic and its 
       licensors in connection with their efforts to protect their 
       copyright/patent rights and other legal rights in the Software.  
       QLogic may, from time to time, implement additional security 
       measures for the Software, and Licensee shall cooperate with 
       such measures and be responsible for installing upgrades that 
       include such measures.
    
    6. Further Obligations.  Licensee shall defend, indemnify and hold 
       QLogic harmless from and against any and all claims, damages, 
       liabilities, costs and expenses (including, without limitation, 
       attorneys" fees) arising out of Licensee"s breach of its obligations 
       under this Agreement.
    
    7. Term and Termination.  This Agreement will become effective on the 
       date Licensee clicks on the "Agree" button below or otherwise uses 
       the Software and will remain in force until terminated.  Licensee 
       may terminate this Agreement at any time, and QLogic may terminate 
       this Agreement if Licensee breaches any of the terms or conditions 
       hereunder.  Licensee agrees to destroy or return to QLogic the 
       original and all copies of the Software immediately upon any 
       termination of this Agreement.
    
    8. Confidentiality.  Licensee acknowledges that the Software contains 
       valuable trade secrets of QLogic and other information proprietary 
       to QLogic and its licensors.  Licensee shall: (i)"keep confidential 
       such trade secrets and proprietary information, including without 
       limitation all information concerning ideas and algorithms related 
       to the Software, (ii)"disclose such information only to its 
       employees and agents to the extent required to use the Software 
       under the terms of this Agreement and (iii)"bind its employees, 
       consultants, agents and other third parties in writing to maintain 
       the confidentiality of such trade secrets and proprietary 
       information and not use or disclose such information except as 
       permitted in this Agreement.
    
    9. Limited Warranty and Disclaimer. THE SOFTWARE IS PROVIDED "AS IS" 
       WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY 
       WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND 
       NON-INFRINGEMENT.  QLOGIC DOES NOT WARRANT THAT THE SOFTWARE IS 
       ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION.  QLOGIC 
       DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE 
       USE, OR THE RESULTS OF THE USE OF THE SOFTWARE INCLUDING, WITHOUT 
       LIMITATION, THE CORRECTNESS, ACCURACY OR RELIABILITY OF SUCH USE OR 
       RESULTS.  
    
    10. Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, 
        IN NO EVENT WILL QLOGIC BE LIABLE TO LICENSEE OR ANY THIRD PARTY 
        FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING, 
        WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOST SAVINGS, OR FOR 
        THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY 
        EVEN IF QLOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, 
        OR FOR ANY CLAIM BY ANY THIRD PARTY.  
    
    11. Export.  Licensee represents, warrants and agrees that it will not, 
        directly or indirectly, export, re-export or transmit the Software 
        or any part thereof to any country in which such export, re-export 
        or transmission is restricted by any applicable U.S. regulation or 
        statute, without the prior written consent of both QLogic and, if 
        required, of the Bureau of Export Administration of the U.S. 
        Department of Commerce, or such other governmental entity as may 
        have jurisdiction over such export or transmission. In addition to 
        the above, Software may not, in the absence of authorization by 
        U.S. and local law and regulations, as required, be used by or 
        exported or reexported to (i) any U.S. sanctioned or embargoed 
        country, or to nationals or residents of such countries; or (ii) 
        any person, entity, organization or other party identified on the 
        U.S. Department of Commerce's Denied Persons or Entity List, the 
        U.S. Department of Treasury's Specially Designated Nationals or 
        Blocked Persons Lists, or the Department of State's Debarred 
        Parties List, as published and revised from time to time; or 
        (iii) any party where the end-use involves nuclear, 
        chemical/biological weapons, rocket systems or unmanned air 
        vehicles.
    
    12. Miscellaneous.  A party"s failure to exercise or its delay in 
        exercising any rights hereunder will not be deemed to be a waiver 
        of such right.  If any provision of this Agreement shall be held by 
        any court of competent jurisdiction to be unenforceable or invalid, 
        that provision shall be limited or eliminated to the minimum extent 
        necessary so that this Agreement shall otherwise remain in full 
        force and effect and enforceable.  This Agreement shall be 
        construed pursuant to the laws of the State of California and the 
        United States without regard to conflicts of laws provisions 
        thereof and without regard to the United Nations Convention on 
        Authority for the International Sale of Goods.  Licensee 
        irrevocably submits to the jurisdiction of any state or federal 
        court sitting in the State of California, United States of America, 
        and consents to venue in such forum with respect to any action or 
        proceeding that relates to this Agreement.  No amendment 
        to or modification of this Agreement will be binding unless in 
        writing and signed by a duly authorized officer of QLogic.  The 
        provisions of Sections 3-11 shall survive termination of this 
        Agreement.  This Agreement is in the English language only, which 
        language shall be controlling and any revision of this Agreement in 
        any other language shall not be binding.  Both parties agree that 
        this Agreement is the complete and exclusive statement of the 
        mutual understanding of the parties and supersedes and cancels all 
        previous written and oral agreements and communications relating to 
        the subject matter of this Agreement.  NO VENDOR, DISTRIBUTOR, 
        DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED TO 
        MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION OR 
        PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE 
        REPRESENTATIONS OR PROMISES IN THIS AGREEMENT.
    

Copyright (c) 2021, Oracle and/or its affiliates.