INTEL END USER SOFTWARE LICENSE AGREEMENT
You have indicated your intent to install (to the extent that it has not already been installed), configure, and use the software contained on this Intel storage networking hardware device, or if the software is not contained on this storage networking hardware device, shipped with (or for use with) this storage networking hardware device.  Such software, the "Software," and such storage networking hardware, the "Hardware." 
Intel Corporation ("Intel") is willing to grant you, or, in the case that you represent a corporation or other organization, that corporation or organization, (collectively and interchangeably, "Licensee" or "You") a limited non-exclusive license to use the Software on the condition that You accept and agree to be bound by the terms of this License Agreement (the "Agreement"). 
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, INTEL IS UNWILLING TO GRANT YOU A LICENSE TO THE SOFTWARE, AND YOU SHOULD DISCONTINUE THE INSTALLATION PROCESS. 
BY INSTALLING, CONFIGURING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS OF THE DATE ON WHICH YOU INSTALL, CONFIGURE, OR USE THE SOFTWARE (SUCH DATE, THE "EFFECTIVE DATE"). IF YOU DO NOT LEGALLY REPRESENT ANY CORPORATION OR OTHER ORGANIZATION, BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. 
1.	TERM AND TERMINATION. This Agreement will become effective as of the Effective Date and will continue until terminated as set forth herein (the "Term"). Intel may terminate this Agreement immediately upon written notice to Licensee if Licensee, in any manner, breaches any term of this Agreement. Upon the termination of this Agreement: (a) all rights and licenses granted to Licensee in this Agreement will immediately cease to exist; and (b) Licensee must promptly discontinue all use of the Software, erase all copies of the Software from the Hardware (and any other computers) on which it has been installed, and return or, at the option of Intel, destroy all copies of the Software in Licensee¡¦s possession or control. At the request of Intel, Licensee will certify in writing to Intel that it has fully complied with these requirements. Sections 2.2, 3, 4.4, 5, 6, 7, and 10 will survive termination of this Agreement for any reason. 
2.	GRANT OF LICENSE. 
2.1.	License. During the Term of this Agreement, and subject to the terms and conditions of this Agreement, Intel grants to Licensee a non-exclusive, personal, non-transferable, non-sublicensable, limited license solely to: (a) install (to the extent it has not already been installed) and configure the Software on the Hardware in accordance with the documentation and specifications accompanying the Software and Hardware; and (b) use the Software, solely for internal purposes and solely in connection with the normal operation of the Hardware. Licensee¡¦s use of the Software will at all times be in accordance with the terms of this Agreement. 
2.2.	Restrictions. Licensee acknowledges that Licensee¡¦s use of the Software is limited to the express terms of the license granted under this Agreement, and that the license does not permit Licensee to otherwise use the Software. Licensee acknowledges that the Software (including its structure, organization, and source code) constitute valuable intellectual property of Intel and Intel¡¦s licensors. Licensee will not, and will not permit any user of the Software or other third party to: (a) modify, adapt, alter, translate, or create derivative works from the Software; (b) use or merge the Software or any component or element thereof with other software not provided by Intel; (c) sublicense, distribute, sell, or otherwise transfer the Software to any third party (except in connection with a sale of the Hardware); (d) use the Software for service bureau use, or lease, rent or loan the Software or the use thereof to any third party; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software; (f) make any changes to any proprietary rights notices contained anywhere in the Software, including without limitation any text which is designed to appear in any "about" boxes displayed by the Software; or (g) remove the Software from the Hardware or use the Software for any other purpose other than to operate the Hardware. Notwithstanding the foregoing, Licensee may make one (1) copy the Software solely for back-up purposes to replace the original copy and use such copy in accordance with the terms of this Agreement only if the original copy is damaged or destroyed. Licensee will not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Software or on any copies. The limitations in this Section 2.2 apply equally to Licensee¡¦s use of the Software, in whole or in part, including any component or portion thereof. 
3.	OWNERSHIP. Licensee acknowledges that the Software is licensed, not sold, to Licensee for use solely under the terms of this Agreement. The Software and all worldwide intellectual property rights therein and relating thereto, are and will remain the exclusive property of Intel and Intel¡¦s licensors. Except for the limited rights expressly granted under Section 2.1, Licensee will have no right, title, or interest (whether by implication, estoppel, or otherwise) in or to the Software or any intellectual property rights therein or thereto. Intel and its licensors reserve all intellectual property and proprietary rights in and to the Software. Intel and its licensors retain all rights, title and interest in and to any and all trademarks and logos of Intel and its licensors displayed on or in the Software. Licensee agrees never to challenge or contest Intel's and its licensor¡¦s ownership of the Software. 
4.	LIMITED WARRANTY AND DISCLAIMER. 
4.1.	Limited Warranty. For the duration set forth in Section 4.2 below, Intel warrants that: (a) if the Software was shipped to You on media separate from the Hardware, the media upon which any Software is shipped will be free from defects in material and workmanship; and (b) the Software will operate substantially in accordance with the specifications published by Intel or Intel¡¦s licensors for the Software. Your sole and exclusive remedy for any breach of this warranty is for Intel to repair or replace the defective Software or, if the Software was shipped to You on media separate from the Hardware, the media upon which the Software was shipped. If, after reasonable efforts, Intel is unable to provide such repair or replacement, Intel will reimburse You for the amount of the initial license fee paid to Intel for the Software upon return of the defective Software. 
4.2.	Duration. Regardless of the term of this Agreement, the limited warranty in this Section 4 is valid only for, and will expire following, a period of three(3) years following initial shipment of the Hardware by Intel (or an Intel OEM, reseller or distributor) to the initial purchaser of the Hardware, regardless of whether the Software itself is installed on the Hardware prior to or following such initial shipment of the Hardware. Any updates and any other repairs, replacements or modifications to the Software will not extend the duration of this limited warranty.  Notwithstanding the foregoing, following any upgrade to the Software, the foregoing commitment of Intel will end as to the upgraded software upon the earlier of: (a) three (3) years following the date of the upgrade; or (b) three (3) years following the initial purchase of the Hardware on which the upgraded Software is installed.
4.3.	Exceptions. This warranty applies only to the Software and to the normal operation of Software, and specifically excludes: (a) any Hardware and any microcode or other software embedded in or used on or in connection with the Hardware that is not separately identified as Software; (b) Software used outside of the scope of the license granted in this Agreement or outside of normal use or recommended operating environments; (c) Software that has been modified or customized, provided that customizations by Intel may be subject to any separate warranty granted by Intel in connection with those customizations; (d) third party software included in the Software; (e) Software that has not been updated to the current or next-most-current versions of the Software supplied by Intel or its authorized reseller; (f) Software that has been installed or repaired by anyone other than Intel (or an authorized Intel OEM, reseller or distributor), except for Software specifically identified as "user installable"; (g) Software or media that has been subject to misuse, abuse or neglect; and (h) use of the Hardware in connection with other devices or systems with which the Hardware is not intended to connect. 
4.4.	Disclaimer. INTEL AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE OPERATION OF ANY PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT FUNCTIONS CONTAINED IN THE SOFTWARE WILL OPERATE IN COMBINATIONS THAT MAY BE SELECTED FOR USE BY YOU OR THAT THE SOFTWARE MEETS ANY OF YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY RESULTS OBTAINED FROM THE USE THEREOF ARE PROVIDED BY INTEL "AS IS" AND INTEL AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE SOFTWARE, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SOFTWARE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SOFTWARE IS NOT DESIGNED, INTENDED OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING, WITHOUT LIMITATION, NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT SYSTEMS MEDICAL DIAGNOSTIC SYSTEMS, OR ANY OTHER APPLICATION WHERE THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. YOU ASSUME ALL RISK OF USE IN SUCH APPLICATIONS AND INTEL AND ITS SUPPLIERS AND LICENSORS DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY AND ALL DAMAGES THAT MAY BE INCURRED DUE TO THE USE OF THE SOFTWARE IN SUCH APPLICATIONS. 
5.	LIMITATION OF LIABILITY. IN NO EVENT WILL INTEL AND ITS SUPPLIERS AND LICENSORS BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY LOST, CORRUPTED OR ALTERED DATA, LOSS OF USE OF DATA, RECOVERY OF DATA, OR LOSS OR INTERRUPTION OF BUSINESS OR PROFITS), EVEN IF INTEL (OR ITS SUPPLIERS OR LICENSORS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. YOUR RIGHTS AS STATED HEREIN ARE EXCLUSIVE REMEDIES. IN NO EVENT WILL THE LIABILITY OF INTEL AND ITS SUPPLIERS AND LICENSORS RELATING TO THIS AGREEMENT, THE SOFTWARE, OR ANY RESULTS OBTAINED FROM THE SOFTWARE, EXCEED THE INITIAL LICENSE FEES RECEIVED BY INTEL FROM THE LICENSEE FOR THE SOFTWARE (EXCLUDING ANY HARDWARE OR OTHER SOFTWARE). IN STATES WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, THE LIABILITY OF INTEL AND ITS SUPPLIERS AND LICENSORS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  
6.	SUPPORT, UPDATES AND UPGRADES.  Except as set forth in Section 4.1, or as may be agreed to in another agreement with Intel (or an authorized Intel OEM, reseller or distributor) regarding the Software, Intel has no obligation to support the Software or to provide updates or upgrades to the Software.  Intel reserves the right to provide support, updates, and upgrades that are not required under this Agreement to You at its convenience. Any updates and any other repairs, replacements or modifications to the Software made available to You will be treated as "Software" for purposes of this Agreement and will be subject to the terms and conditions of this Agreement applicable to Software.  
7.	THIRD PARTIES. Except as expressly set forth herein, there are no third party beneficiaries to this Agreement. Licensee will indemnify, defend and hold Intel, its licensors, its suppliers and each of their respective employees, officers, directors and affiliates, harmless from and against any claims or liabilities arising out of or related to Licensee¡¦s use of the Software. 
8.	U. S. GOVERNMENT END USERS. The Software is a "commercial item" as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202?1 through 227.7202?4, all U.S. Government end users acquire the Software with only those rights set forth therein and in this Agreement, and do not acquire any other right, title or interest, express, implied or otherwise, in or to the Software. 
9.	TRANSFER. Neither this Agreement nor any rights or obligations of Licensee hereunder may be assigned or delegated by Licensee in whole or in part without the prior written approval of Intel, and any attempted assignment or transfer by Licensee in violation of the foregoing will be void. Notwithstanding the foregoing, if any third party purchases or otherwise acquires the Hardware, this Agreement as a whole will be deemed to have been assigned by Licensee to the third party purchasing or acquiring the Hardware, provided that any such assignment of this Agreement will not extend the term of any warranty granted or other obligation undertaken by Intel under this Agreement, and further provided that such third party first agrees in writing to be bound by the terms and conditions of this Agreement. Intel may assign this Agreement, and any rights or obligations of Licensee hereunder, without the consent of Licensee. 
10.	ENTIRE AGREEMENT. Licensee may be subject to additional terms and conditions regarding the Hardware. Notwithstanding any other such agreement, this Agreement is the complete and exclusive statement of the agreement between Intel and Licensee regarding the Software and supersedes any other agreement or proposal, oral or written, and any other communications between the parties in relation to the Software and the subject matter of this Agreement. Any and all terms and conditions on any purchase order or other ordering document of Licensee issued in connection with the Software are hereby rejected and will have no force or effect on the terms hereof. 
11.	GENERAL. This Agreement will be governed by the laws of the State of California in the United States of America, without regard to or application of conflicts of law rules or principles. The Federal and State Courts having jurisdiction over Santa Clara, California will have sole jurisdiction over any disputes arising hereunder and the parties hereby irrevocably submit to the personal jurisdiction of such courts. The parties expressly exclude (as may be applicable) the application of the United Nations Convention on the International Sale of Goods. If any provision of this Agreement is held to be unenforceable, that provision will be modified so as to be enforceable to the greatest extent possible, or if such modification is not possible, will be removed and the remaining provisions will remain in full force. In the event any proceeding or lawsuit is brought by Intel or Licensee in connection with this Agreement, the prevailing party in such proceeding or lawsuit will be entitled to receive its costs, expert witness fees and reasonable attorney¡¦s fees, including costs and fees on appeal. The failure of either party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. This Agreement will inure only to the benefit of, and be binding upon, Intel, Licensee, and their valid successors and assigns. This Agreement will not be modified except by a subsequently dated written amendment or exhibit signed by both parties or by their duly authorized representatives.  

