Chapter 9. Appendix
Chelsio T5/T4 Network Driver For XenServer
Page 21
11. Government Restricted Rights. The Software is subject to restricted rights as
follows. If the Software is acquired under the terms of a 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 Agreement in accordance with 48 C.F.R. 12.212 of the
Federal Acquisition Regulations and its successors and 49 C.F.R. 227.7202-1 of the DoD
FAR Supplement and its successors.
12. General. You acknowledge that you have read this Agreement, understand it, and
that by using the Software you agree to be bound by its terms and conditions. You
further agree that it is the complete and exclusive statement of the agreement between
Chelsio and you, and supersedes any proposal or prior agreement, oral or written, and
any other communication between Chelsio and you relating to the subject matter of this
Agreement. No additional or any different terms will be enforceable against Chelsio
unless Chelsio gives its express consent, including an express waiver of the terms of
this Agreement, in writing signed by an officer of Chelsio. This Agreement shall be
governed by California law, except as to copyright matters, which are covered by
Federal law. You hereby irrevocably submit to the personal jurisdiction of, and
irrevocably waive objection to the laying of venue (including a waiver of any argument
of forum non conveniens or other principles of like effect) in, the state and federal
courts located in Santa Clara County, California, for the purposes of any litigation
undertaken in connection with this Agreement. Should any provision of this Agreement
be declared unenforceable in any jurisdiction, then such provision shall be deemed
severable from this Agreement and shall not affect the remainder hereof. All rights in
the Software not specifically granted in this Agreement are reserved by Chelsio. You
may not assign or transfer this Agreement (by merger, operation of law or in any
other manner) without the prior written consent of Chelsio and any attempt to do so
without such consent shall be void and shall constitute a material breach of this
Agreement.
Should you have any questions concerning this Agreement, you may contact Chelsio by
writing to:
Chelsio Communications, Inc.
370 San Aleso Ave.
Sunnyvale, CA 94085
Summary of Contents for Terminator T404-BT
Page 1: ......