Intel Networking Components Software License Agreement

      IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
      BY DOWNLOADING OR COPYING THIS SOFTWARE, YOU ("LICENSEE") ARE AGREEING 
      TO BE BOUND BY THE TERMS OF THIS AGREEMENT. DO NOT DOWNLOAD, INSTALL OR
      USE THIS SOFTWARE UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE 
      FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF 
      THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THIS SOFTWARE.


INTEL CORPORATION ("Intel")
2111 N.E. 25th Avenue
Hillsboro, OR 97124

      1
      DEFINITIONS

      1.1
      "Object Code" means the executable or binary version of the Licensed 
      Program identified below, as provided to Licensee, and as modified by 
      Licensee for use with Licensee Product.

      1.2
      "Intel Product" means any Intel component or adapter card which 
      Licensor purchases from Intel.

      1.3
      "Licensed Program(s)" means the software program(s) in executable, or 
      Object Code as set forth in Exhibit A. 

      1.4
      "Licensee Product" shall mean any Licensee network interconnect 
      products which is integrated or packaged with an Intel product.

      2
      LICENSE GRANT AND RESTRICTIONS

      2.1
      Intel license grants are set forth in Exhibit A. Distribution rights 
      for the Licensed Program granted in Exhibit A, if any, are conditioned 
      upon Licensee's distribution and license to its end-user customers 
      pursuant to a written license agreement. Such license agreement may be 
      a "break-the-seal" license agreement. At a minimum such license shall 
      be for Object Code only and no less stringent than the terms of this 
      license.

      2.2
      No rights or licenses are granted by Intel to Licensee, expressly or by 
      implication, with respect to any proprietary information or patent, 
      copyright, mask work, trademark, trade secret, or other intellectual 
      property right owned or controlled by Intel, except as expressly 
      provided in this Agreement

      3
      PROPRIETARY RIGHTS

      The Licensed Program and all copies are and shall remain the property 
      of Intel. If the applicable License Grant in Exhibit A provides for the 
      creation of modifications or provides for the creation of modifications
      or derivative works, they shall be the property of Licensee subject to 
      any rights Intel may have in the Licensed Programs. Licensee understands 
      and agrees that except as expressly granted in Exhibit A, Licensee does
      not have the right to distribute the Licensed Program as a stand-alone 
      product, nor to grant a license to any other parties to distribute the 
      Licensed Program under this Agreement. Intel retains all intellectual 
      property rights including, without limitation, the right to use, copy, 
      modify, sublicense, and distribute, the Licensed Program.

      4
      LIMITED WARRANTY

      INTEL MAKES NO WARRANTY OF ANY KIND WITH REGARD TO LICENSED PROGRAM. 
      THE LICENSED PROGRAM IS LICENSED "AS IS", AND INTEL IS NOT OBLIGATED TO 
      PROVIDE ANY SUPPORT OR ASSISTANCE UNDER THIS AGREEMENT. NO INSTALLATION, 
      TRAINING OR OTHER SERVICES WILL BE PROVIDED BY INTEL UNDER THIS 
      AGREEMENT. INTEL IS NOT OBLIGATED TO PROVIDE ANY UPDATES, ENHANCEMENTS 
      OR EXTENSIONS, ALTHOUGH INTEL MAY, AT ITS DISCRETION, PROVIDE UPDATES 
      CREATED IN THE NORMAL COURSE OF BUSINESS. ANY IMPLIED WARRANTIES OF 
      MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER 
      WARRANTIES, EXPRESS OR IMPLIED ARE EXCLUDED, AND WILL NOT APPLY TO THE 
      LICENSED PROGRAM IN ANY FORM.

      Specifically, Intel will not have any liability to Licensee, or any 
      third party for:

      a) any defects in the Licensed Program furnished hereunder; or

      b) inability of Licensee to develop or modify the Licensed Program to 
      conform to any given performance level or specification; or 

      c) any claim of Licensee or any third party with respect to Licensed 
      Program arising out of the use or distribution of Licensed Program.

      INTEL DOES NOT MAKE ANY WARRANTIES OF ANY KIND THAT THE LICENSED 
      PROGRAM DOES NOT OR WILL NOT INFRINGE ANY COPYRIGHT, MASK WORK, PATENT,
      TRADE SECRET , TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY 
      THIRD PARTY IN ANY COUNTRY. 

      5
      LIMITATION OF LIABILITY

      NEITHER INTEL NOR ITS VENDORS SHALL BE LIABLE FOR ANY INDIRECT, 
      SPECIAL, INCIDENTAL, SPECULATIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND,
      INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, LOSS OF 
      GOODWILL, OR INTERRUPTION OF BUSINESS, WHETHER UNDER THIS AGREEMENT OR 
      OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

      6
      INDEMNIFICATION

      Licensee shall indemnify Intel and hold Intel harmless from and against 
      any and all actions, claims, defenses, damages, expenses (including 
      attorneys' fees) and liabilities arising from Licensee's use, 
      modification, sublicensing or other disposition of the Licensed Program, 
      including suits or claims brought against Intel by any third parties 
      for Licensee's breach of any Licensee warranty to the third party or 
      for Licensee's negligence to the third party. Licensee's duties under 
      this Section 6 extend to any matters arising out of the alleged 
      infringement by the Licensed Program as modified by Licensee, of any 
      copyright, mask work, patent, trade secret, trademark, or other 
      intellectual property right.

      7
      CONFIDENTIALITY

      Licensee agrees to receive and hold the Object Code in confidence for a 
      period of ten (10) years after receipt. Licensee agrees to exercise the 
      same degree of care in preventing the disclosure of such Object Code as 
      Licensee uses to protect its own proprietary information. As a minimum 
      protection, Licensee shall limit the disclosure of the Object Code to 
      employees having a need to know such information, and shall not 
      disclose the Object Code to any third party individual, corporation, 
      independent contractor, consultant or other entity without the prior 
      written consent of Intel. This obligation will not apply to any Object 
      Code which is:

      a) published or otherwise available to the public other than by breach 
      of this License Agreement by Licensee or 

      b) rightfully received by Licensee from a third party without 
      confidential limitations; or

      c) independently developed by Licensee by employees having no access to 
      the Object Code; or

      d) known to Licensee prior to its first receipt of same from Intel; or

      e) hereinafter disclosed by Intel to a third party without restriction 
      on disclosure.

      8
      TERM AND TERMINATION

      8.1
      The term of this Agreement shall commence on the Effective Date, and 
      shall continue until Licensee ceases to utilize the Licensed Programs 
      or this Agreement is terminated pursuant to Sections 8.2 or 8.3. 

      8.2
      Licensee may terminate this Agreement and the licenses granted herein 
      at any time upon written notice to Intel.

      8.3
      Intel reserves the right to have audits conducted to verify compliance 
      with this Agreement. In the event that Intel, in its sole discretion, 
      determines that the Licensed Program is not being used by Licensee 
      exclusively for the purposes set forth above, or if Licensee is in 
      breach of any of the terms and conditions of this Agreement, Intel has 
      the right to immediately terminate this License Agreement. In such 
      event, Licensee agrees to immediately discontinue use and distribution 
      of Object Code.

      8.4
      Upon termination of this Agreement for any reason, the sections of this 
      Agreement entitled Indemnification, Limitation of Liability, and 
      Confidentiality shall remain in effect.

      9
      U.S. GOVERNMENT RESTRICTED RIGHTS

      All copies of the Object Code distributed directly or indirectly to the 
      U.S. government are governed by and must be marked with the following 
      legend:

      "The enclosed software products and documentation were developed at 
      private expense, and are provided with "RESTRICTED RIGHTS." Use, 
      duplication or disclosure by the government is subject to restrictions 
      as set forth in FAR 52.227-14 and DFARS 252.227-7013 et. seq. or its 
      successor. The use of this product by the government constitutes 
      acknowledgment of Intel's proprietary rights in the product."

      10
      NOTICES

      Notice to Intel shall be addressed to 

      Intel Corporation 2111 N.E. 25th Avenue Hillsboro, OR 97124 Attn.: 
      General Counsel

      11
      EXPORT CONTROL

      Licensee agrees and certifies that the Licensed Program will not be 
      shipped either directly, or indirectly to country groups Q, S, W, Y, Z, 
      Afghanistan, The People's Republic of China, or Iraq without a 
      validated export license from the U.S. Department of Commerce.

      12
      RELATIONSHIP OF THE PARTIES

      Neither party hereto will be deemed the agent or legal representative 
      of the other for any purpose whatsoever and each party will act as an 
      independent contractor with regard to the other in its performance 
      under this Agreement. Nothing herein will authorize either party to 
      create any obligation or responsibility whatsoever, express or implied,
      on behalf of the other or to bind the other in any manner, or to make 
      any representation, commitment or warranty on behalf of the other.

      13
      GENERAL

      13.1
      Any claim arising under or relating to this Agreement shall be governed
      by the internal substantive laws of the State of Delaware or federal 
      courts located in Delaware without regard to principles of conflict of 
      laws. Each party hereby agrees to jurisdiction and venue in the courts 
      of the State of Delaware for all disputes and litigation arising under 
      or relating to this Agreement. This provision is meant to comply with 6
      Del. C . Section 2708(a).

      13.2
      The rights and remedies provided in this Agreement are in addition to 
      any other rights and remedies provided at law or in equity.

      13.3
      This Agreement, including its attachments and Exhibits, constitutes the 
      entire agreement between the parties.

EXHIBIT A

"Licensed Program" shall include the following files from Intel Linux Driver 
release iANS-1.7.x and ians-1.7.x.tar.gz:

./iANS-1.7.x:
bin
src
install_scripts
ldistrib.txt
LICENSE
README

./iANS-1.7.x/bin:
ia32
ia64

./iANS-1.7.x/bin/ia32:
ianscfg
ians_core.o
iansd

./iANS-1.7.x/bin/ia64:
ianscfg
ians_core.o
iansd

./iANS-1.7.x/src:
ans_interface.h
base_comm.h
base_comm_os.h
ians_base.c
ians_base.h
ians_kcompat.h
ians_kernel.c
ians_kernel.h
ians_status.h
ianscfg.1
Makefile
lib

./iANS-1.7.x/src/lib:
incg_defs.h
incg_dev.c
incg_dev.h
incg_flow.h
incg_gp_mem.c
incg_gp_mem.h
incg_locks.c
incg_locks.h
incg_log.h
incg_message.c
incg_message.h
incg_net.h
incg_open_utils.h
incg_pci.c
incg_pci.h
incg_stats.c
incg_stats.h
incg_timer.c
incg_timer.h
incg_types.c
incg_types.h
incg_utils.c
incg_utils.h
linux_defs.h

./iANS-1.7.x/install_scripts:
Caldera
Redhat
SuSE
Turbo

./iANS-1.7.x/install_scripts/Caldera:
ans
general.pm
step0
step1
step2
step3
unconfig
INSTALL
UNINSTALL

./iANS-1.7.x/install_scripts/Redhat:
ans
general.pm
step0
step1
step2
step3
unconfig
INSTALL
UNINSTALL

./iANS-1.7.x/install_scripts/SuSE:
ans
general.pm
step0
step1
step2
step3
unconfig
INSTALL
UNINSTALL

./iANS-1.7.x/install_scripts/Turbo:
ans
general.pm
step0
step1
step2
step3
unconfig
INSTALL
UNINSTALL

 
      LICENSE GRANT:
      OBJECT CODE REPRODUCTION AND DISTRIBUTION RIGHTS
      Intel grants to Licensee only, and not to any subsidiary, affiliate, or 
      independent contractor of Licensee, a non-exclusive, non-transferable, 
      royalty-free license under Intel copyrights to the Object Code to 
      reproduce and distribute the Object Code only as an integral part of or 
      incorporated in Licensee Product or as a standalone Object Code 
      maintenance update for existing end users of Licensee Products, 
      excluding any other standalone products. Licensee shall not reverse 
      engineer, decompile, or disassemble the Object Code portion of the 
      Licensed Program.


* Legal Information and Privacy Policy © 2002 Intel Corporation
