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VIRTIO-WIN LICENSE AGREEMENT
This License Agreement ("License") applies to the VirtIO paravirtualized
drivers for Windows(R) ("virtio-win") software ("Program") and any related
updates or patches to the Program regardless of how you ("User") obtain
such updates or patches.
1. Intellectual Property Rights. The Program is owned by Red Hat and others
and is protected under copyright and other laws. Title to the Program or to
any copy, modification, or merged portion shall remain with the
aforementioned.
The "Red Hat" trademark and the "Shadowman" logo are registered trademarks of
Red Hat in the U.S. and other countries.
2. Program License Grant. Red Hat grants User a non-exclusive,
non-transferable license to use the Program during the term of and on systems
with fully-paid applicable Red Hat subscription(s) provided User may not:
(a) modify, copy, or create any derivative works of the Program;
(b) decompile, disassemble or reverse engineer the Program (except to the
extent permitted by applicable law);
(c) redistribute, encumber, sell, rent, lease, sublicense, or otherwise
transfer rights to the Program (except to the extent permitted herein); or
(d) remove or alter any trademark, logo, copyright or other proprietary
notices, legends, symbols or labels in the Program. Upon expiration of the
term set forth above, User will promptly remove, delete or destroy all copies
of the Program in its possession.
3. Limited Warranty. Except as specifically stated in this Section 3 or in a
separate agreement with Red Hat, to the maximum extent permitted under
applicable law, the Program is provided and licensed "as is" without warranty
of any kind, expressed or implied, including the implied warranties of
merchantability, non-infringement or fitness for a particular purpose. Red Hat
warrants that the media on which the Program is furnished will be free from
defects in materials and manufacture under normal use for a period of thirty
(30) days from the date of delivery to User. Red Hat does not warrant that
the functions contained in the Program will meet User's requirements or that
the operation of the Program will be entirely error free, appear precisely as
described in the accompanying documentation, or comply with regulatory
requirements. This warranty extends only if the User purchases services or
subscriptions pertaining to the Program from Red Hat or a Red Hat authorized
distributor.
4. Limitation of Remedies and Liability. To the maximum extent permitted by
applicable law, User's exclusive remedy under this License is to return any
defective media within thirty (30) days of delivery along with a copy of User's
payment receipt and Red Hat, at its option, will replace it or refund the money
paid by User for the media. To the maximum extent permitted under applicable
law, neither Red Hat, any Red Hat authorized distributor, nor the licensor of
any component provided to User under the License will be liable to User for any
incidental or consequential damages, including lost profits or lost savings
arising out of the use or inability to use the Program or any component, even
if Red Hat, such authorized distributor or licensor has been advised of the
possibility of such damages. In no event shall Red Hat's liability, an
authorized distributor's liability or the liability of the licensor of a
component provided to User under this License exceed the amount that User paid
to Red Hat under this License during the twelve (12) months preceding the action.
5. Export Control. As required by the laws of the United States and other
countries, User represents and warrants that it:
(a) understands that the Program and its components may be subject to export
controls under the U.S. Commerce Department's Export Administration Regulations
("EAR");
(b) is not located in a prohibited destination country under the EAR or U.S.
sanctions regulations (currently Cuba, Iran, Iraq, North Korea, Sudan and
Syria, subject to change as posted by the United States government);
(c) will not export, re-export, or transfer the Program to any prohibited
destination or persons or entities on the U.S. Bureau of Industry and Security
Denied Parties List or Entity List, or the U.S. Office of Foreign Assets
Control list of Specially Designated Nationals and Blocked Persons, or any
similar lists maintained by other countries, without the necessary export
license(s) or authorizations(s);
(d) will not use or transfer the Program for use in connection with any nuclear,
chemical or biological weapons, missile technology, or military end-uses where
prohibited by an applicable arms embargo, unless authorized by the relevant
government agency by regulation or specific license;
(e) understands and agrees that if it is in the United States and exports or
transfers the Program to eligible end users, it will, to the extent required by
EAR Section 740.17(e), submit semi-annual reports to the Commerce Department's
Bureau of Industry and Security, which include the name and address (including
country) of each transferee; and (f) understands that countries including the
United States may restrict the import, use, or export of encryption products
(which may include the Program and the components) and agrees that it shall be
solely responsible for compliance with any such import, use, or export
restrictions.
6. General. If any provision of this License is held to be unenforceable, that
shall not affect the enforceability of the remaining provisions. This
agreement shall be governed by the laws of the State of New York and of the
United States, without regard to any conflict of laws provisions. The rights
and obligations of the parties to this License shall not be governed by the
United Nations Convention on the International Sale of Goods.
Copyright (C) 2009 Red Hat, Inc. All rights reserved. "Red Hat" and the Red Hat
"Shadowman" logo are registered trademarks of Red Hat, Inc.
All other trademarks are the property of their respective owners.
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