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This is the Ubuntu Linux firmware package: This package was put together by the Ubuntu Kernel Team, from sources retrieved from vendors. This package is currently maintained by the Ubuntu Kernel Team <kernel-team@lists.ubuntu.com> FIRMWARE: TERMS AND CONDITIONS IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING THIS INTEL® SOFTWARE Do not use or load this firmware (the "Software") until you have carefully read the following terms and conditions. By loading or using the Software, you agree to the terms of this Agreement. If you do not wish to so agree, do not install or use the Software. LICENSEES: Please note: * If you are an End-User, only Exhibit A, the SOFTWARE LICENSE AGREEMENT, applies. * If you are an Original Equipment Manufacturer (OEM), Independent Hardware Vendor (IHV), or Independent Software Vendor (ISV), this complete Agreement applies For OEMs, IHVs, and ISVs: LICENSE. This Software is licensed for use only in conjunction with Intel component products. Use of the Software in conjunction with non-Intel component 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: (i) copy the Software internally for your own development and maintenance purposes; (ii) copy and distribute the Software to your end-users, but only under a license agreement with terms at least as restrictive as those contained in Intel's Final, Single User License Agreement, attached as Exhibit A; and (iii) modify, copy and distribute the end-user documentation which may accompany the Software, but only in association with the Software. If you are not the final manufacturer or vendor of a computer system or software program incorporating the Software, then you may transfer a copy of the Software, including any related documentation (modified or unmodified) to your recipient for use in accordance with the terms of this Agreement, provided such recipient agrees to be fully bound by the terms hereof. You shall not otherwise assign, sublicense, lease, or in any other way transfer or disclose Software to any third party. You may not, nor may you assist any other person or entity to modify, translate, convert to another programming language, decompile, reverse engineer, or disassemble any portion of the Software or otherwise attempt to derive source code from any object code modules of the Software or any internal data files generated by the Software. Your rights to redistribute the Software shall be contingent upon your installation of this Agreement in its entirety in the same directory as the Software. CONFIDENTIALITY. If you wish to have a third party consultant or subcontractor ("Contractor") perform work on your behalf which involves access to or use of Software, you shall obtain a written confidentiality agreement from the Contractor which contains provisions with respect to access to or use of the Software no less restrictive than those set forth in this Agreement and excluding any distribution rights, and use for any other purpose. Except as expressly provided herein, you shall not disclose the terms or existence of this Agreement or use Intel's name in any publications, advertisements, or other announcements without Intel's prior written consent. You do not have any rights to use any Intel trademarks or logos. OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Software and accompanying materials, if any, are owned by Intel or its suppliers and licensors and may be protected by copyright, trademark, patent and trade secret law and international treaties. Any rights, express or implied, in the intellectual property embodied in the foregoing, other than those specified in this Agreement, are reserved by Intel and its suppliers and licensors or otherwise as set forth in any applicable open source license agreement. You will keep the Software free of liens, attachments, and other encumbrances. You agree not to remove any proprietary notices and/or any labels from the Software and accompanying materials without prior written approval by Intel LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF ACTION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE, MODIFICATION, OR INABILITY TO USE THE INTEL SOFTWARE, OR OTHERWISE, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, EVEN IF INTEL OR ITS SUPPLIERS AND LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES, CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND POSSIBLY WITH FAULTS. UNLESS EXPRESSLY AGREED OTHERWISE, INTEL AND ITS SUPPLIERS AND LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Intel does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software. You assume all liability, financial or otherwise, associated with Your use or disposition of the Software. APPLICABLE LAW. Claims arising under this Agreement shall be governed by the laws of State of California], excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. WAIVER AND AMENDMENT. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by an officer of Intel. No failure or delay in exercising any right, power, or remedy under this Agreement shall operate as a waiver of any such right, power or remedy. Without limiting the foregoing, terms and conditions on any purchase orders or similar materials submitted by you to Intel, and any terms contained in Intel’s standard acknowledgment form that are in conflict with these terms, shall be of no force or effect. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect. EXPORT RESTRICTIONS. Each party acknowledges that the Software is subject to applicable import and export regulations of the United States and of the countries in which each party transacts business, specifically including U.S. Export Administration Act and Export Administration Regulations. Each party shall comply with such laws and regulations, as well as all other laws and regulations applicable to the Software. Without limiting the generality of the foregoing, each party agrees that it will not export, re-export, transfer or divert any of the Software or the direct programs thereof to any restricted place or party in accordance with U.S. export regulations. Note that Software containing encryption may be subject to additional restrictions. 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 95052. TERMINATION OF THE AGREEMENT. Intel may terminate this Agreement if you violate its terms. Upon termination, you will immediately destroy the Software or return all copies of the Software to Intel. EXHIBIT "A" SOFTWARE LICENSE AGREEMENT (Final, Single User) IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.Do not use or load this firmware image (the "Software") until you have carefully read the following terms and conditions. By loading or using the Software, you agree to the terms of this Agreement. If you do not wish to so agree, do not install or use the Software. LICENSE. You may copy and use the Software, subject to these conditions: 1. This Software is licensed for use only in conjunction with Intel component products. Use of the Software in conjunction with non-Intel component products is not licensed hereunder. 2. You may not copy, modify, rent, sell, distribute or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software. 3. You may not reverse engineer, decompile, or disassemble the Software. 4. You may not sublicense the Software. 5. The Software may contain the software or other property of third party suppliers. 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 items referenced therein, at any time without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, Intel grants no express or implied right under Intel patents, copyrights, trademarks, or other intellectual property rights. You may transfer the Software only if a copy of this license accompanies the Software and the recipient agrees to be fully bound by these terms. 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 the accuracy or completeness of any information, text, graphics, links or other items contained within the Software. LIMITATION OF LIABILITY. IN NO EVENT SHALL 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 BETWEEN JURISDICTIONS. 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. APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the laws of California, 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. 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 95052. This License is granted by Adaptec, Inc., referred to in this License as "ADAPTEC" or "we" or "us." ADAPTEC reserves the right to record all activities and to use any information obtained in accordance with the privacy policy which you can access below. Directions to Obtain Your File: CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE EXPORT COMPLIANCE REQUIREMENTS SET OUT BELOW. YOU MUST ANSWER THE REQUIRED QUESTION TRUTHFULLY TO LET US KNOW WHETHER YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS AND EXPORT COMPLIANCE REQUIREMENTS AND WHETHER YOU AGREE TO COMPLY. YOU MUST CLICK A FURTHER BUTTON TO CONFIRM YOUR ANSWER AND IF YOU ANSWER IN THE AFFIRMATIVE, A BINDING LICENSE AGREEMENT ("LICENSE") WILL BE CONCLUDED BETWEEN US. YOU MAY THEN PROCEED TO DOWNLOAD THE SOFTWARE. IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND EXPORT COMPLIANCE REQUIREMENTS THEN DO NOT DOWNLOAD THE SOFTWARE. IF YOU WISH TO CANCEL THIS LICENSE AT ANY TIME YOU MAY DO SO BY DESTROYING ALL COPIES AND PARTIAL COPIES OF THE SOFTWARE WHICH YOU HAVE DOWNLOADED. YOU ALSO AGREE THAT YOU HAVE ALL NECESSARY INFORMATION IN ORDER TO ENTER INTO THIS LICENSE WHETHER UNDER AN APPLICABLE EUROPEAN E-COMMERCE DIRECTIVE OR OTHERWISE. IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND REQUIREMENTS, DO NOT DOWNLOAD ANY FILES. Please retain a copy of the License for your files or you may contact ADAPTEC's Legal Department at the address listed below for a further copy. This license may be concluded in English or the language in which it is drafted by ADAPTEC and appears to you online, as applicable. If you are a consumer residing in Europe (a "European Consumer") then this License shall not affect your statutory rights under the local laws in Europe. This License grants you a non-exclusive license to use the ADAPTEC Software and related documentation ("Software") on the following terms, conditions, and export compliance requirements: If you are NOT an individual consumer residing in Europe then the following terms, conditions and export compliance requirements apply and are a part of your license: ALL SECTIONS EXCEPT AS SPECIFIED HEREIN. If you are an individual consumer residing in Europe ("European Consumer") then the following terms, conditions and export compliance requirements apply and are made part of your License: 1, 2, 3, 4, applicable parts of 6, 7, 9 and the first paragraph of export compliance. IF YOU ARE A EUROPEAN CONSUMER THIS LICENSE SHALL NOT AFFECT YOUR RIGHTS UNDER THE STATUTORY LAWS OF EUROPE. 1. Your right to use the Software.You may use the Software in machine readable form (i.e. the form you download from us) within a single working location. You may copy the Software in the same form solely for back-up purposes or use within a single working location. You must reproduce ADAPTEC's copyright notice and proprietary legends. These requirements apply to European Consumers. 2. Restrictions. This Software contains trade secrets and in order to protect them you may not: (1) distribute copies of the Software in any manner, including, but not limited to, distribution through web site posting; (2) decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human perceivable form; (3) MODIFY, ADAPT OR TRANSLATE THE SOFTWARE INTO ANY OTHER FORM; (4) RENT, LEASE, LOAN, RESELL FOR PROFIT, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART OF IT. These requirements apply to European Consumers. 3. Ownership. The Software is copyrighted by, proprietary to and a trade secret of ADAPTEC. ADAPTEC retains the title, ownership and intellectual property rights in and to the Software and all subsequent copies regardless of the form or media. The Software is protected by the copyright laws of the United States, the European Union, and international copyright treaties. This License is not a sale of the Software. These terms apply to European consumers. 4. Termination. This License is effective until terminated. This License will terminate automatically without notice if you fail to comply with any of the provisions. Upon termination you shall destroy all copies of the Software including any partial copies. This provision applies to European Consumers. 5. Disclaimer of Warranty. IF YOU ARE A EUROPEAN CONSUMER THEN THIS SECTION 5 DOES NOT APPLY TO YOU AND DOES NOT FORM PART OF YOUR LICENSE WITH US. PROCEED TO SECTION 6. THE SOFTWARE IS LICENSED TO YOU "AS IS." YOU ACCEPT ALL RISKS WHICH MAY ARISE FROM THE DOWNLOADING OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING DATA OR SOFTWARE. ADAPTEC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF NON INFRINGEMENT OF THIRD PARTIES' RIGHTS, WARRANTIES OF SATISFACTORY QUALITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations of how long an implied warranty may last, so the above exclusion may not apply to you. You may also have other rights which vary from state to state. 6. Limitation of Liability. FOR EUROPEAN CONSUMERS: WE WILL NOT BE LIABLE TO YOU WHERE YOU SUFFER LOSS WHICH WAS NOT FORESEEABLE TO YOU AND TO US WHEN YOU DOWNLOADED THE SOFTWARE (EVEN IF IT RESULTS FROM OUR FAILURE TO COMPLY WITH THIS LICENSE OR OUR NEGLIGENCE); WHERE YOU SUFFER ANY BUSINESS LOSS INCLUDING LOSS OF REVENUE, PROFITS OR ANTICIPATED SAVINGS (WHETHER THOSE LOSSES ARE THE DIRECT OR INDIRECT RESULT OF OUR DEFAULT); OR WHERE YOUR LOSS DOES NOT RESULT FROM OUR FAILURE TO COMPLY WITH THIS LICENSE OR OUR NEGLIGENCE. THE SOFTWARE HAS BEEN MADE AVAILABLE TO YOU FREE OF CHARGE. YOU MAY AT ANY TIME DOWNLOAD A FURTHER COPY OF THE SOFTWARE FREE OF CHARGE TO REPLACE YOUR ORIGINAL COPY OF THE SOFTWARE (CONSEQUENTLY, WE AND OUR SUPPLIERS WILL ONLY BE LIABLE TO YOU UP TO A MAXIMUM TOTAL LIMIT OF TWO THOUSAND DOLLARS U.S. OR ITS EURO EQUIVALENT AT THE TIME A CLAIM IS MADE). OUR MAXIMUM FINANCIAL RESPONSIBILITY TO YOU AND THAT OF OUR SUPPLIERS WILL NOT EXCEED THIS LIMIT EVEN IF THE ACTUAL LOSS YOU SUFFER IS MORE THAN THAT. HOWEVER, NOTHING IN THIS LICENSE SHALL RESTRICT ANY PARTY'S LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE OR FOR FRAUD OR ANY FRAUDULENT MISREPRESENTATION. ALL OTHERS DOWNLOADING THE SOFTWARE: THE SOFTWARE IS PROVIDED FREE OF CHARGE TO YOU, THEREFORE UNDER NO CIRCUMSTANCES EXCEPT AS DESCRIBED HEREIN AND UNDER NO LEGAL THEORY, TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL ADAPTEC OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ECONOMIC LOSS (INCLUDING LOSS OF PROFIT) OR FOR ANY LOSS OF DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS (IN EACH CASE WHETHER DIRECT OR INDIRECT) OR FOR ANY OTHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER EVEN IF ADAPTEC SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, NOTHING IN THIS LICENSE SHALL RESTRICT ANY PARTY'S LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE OR FOR FRAUD OR ANY FRAUDULENT MISREPRESENTATION. 7. Export. By downloading, you acknowledge that the laws and regulations of the United States and relevant countries within the European Union, restrict the export and re-export of the Software. Further, you agree that you will not export or re-export the Software or media in any form without the appropriate United States and foreign government approval. If you are a European Consumer you must not export Software outside the country in which you download it without our prior written permission. (See below for details on Export Compliance Requirements.) 8. U.S. Government Restricted Rights. IF YOU ARE A EUROPEAN CONSUMER THEN THIS CLAUSE WILL NOT APPLY TO YOU AND DOES NOT FORM PART OF YOUR LICENSE AGREEMENT WITH US. PLEASE PROCEED TO SECTION 9. If the Software is acquired under the terms of a United States GSA contract, use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract. If the Software is acquired under the terms of a DoD or civilian agency contract, use, duplication or disclosure by the Government is subject to the restrictions of this License in accordance with 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors and 48 C.F.R. 227.7202-1 of the DoD FAR Supplement and its successors. (See below for details on Export Compliance Requirements.) 9. General. California residents entered into and to be performed within California, except as governed by Federal law. Should any provision of this License be declared unenforceable in any jurisdiction, then such provision shall be deemed to be severable from this License and shall not affect the remainder hereof. All rights in the Software not specifically granted in this License are reserved by Adaptec. EXPORT COMPLIANCE REQUIREMENTS Export of any information from the Adaptec web site (including Confidential Information obtained through Adaptec Access) outside of the United States is subject to all U.S. export control laws. You will abide by such laws and also to the provision of the U.S. Export-Re-export Requirements and Enhanced Proliferation Control Initiative set forth here. You and your organization will not sell, license, or otherwise provide or ship Adaptec products or technical data (or the direct product thereof) for export or re-export to the embargoed or restricted* countries listed below: Afghanistan (Taliban controlled area), Cuba, Iran, Iraq, North Korea*, Sudan, and Syria* You agree not to transfer, export or re-export Adaptec products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses without obtaining prior authorization from the U.S. Government. You also agree that unless you receive prior authorization from the U.S. Department of Commerce, you shall not transfer, export or re-export, directly or indirectly, any Adaptec technology or software (or the direct product of such technology or software or any part thereof, or any process or service which is the direct product of such technology or software) to any Sanctioned and/or Embargoed entity listed on: * Bureau of Industry and Security's Lists to Check If you have any questions concerning this License, contact: Adaptec, Inc. Legal Department 691 South Milpitas Boulevard Milpitas, California 95035