CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY YOUR USE OF THE SOFTWARE INCLUDED WITH THIS PRODUCT, YOU AGREE TO BE BOUND BY THESE TERMS, CONDITIONS, AND REQUIREMENTS. IF YOU DO NOT AGREE TO THE LICENSE TERMS, CONDITIONS, AND REQUIREMENTS APPLICABLE TO THE SOFTWARE, YOU ARE NOT PERMITTED TO USE THE SOFTWARE AND MAY RETURN THE ENTIRE UNUSED HARDWARE PRODUCT FOR A FULL REFUND. HOWEVER, THESE TERMS, CONDITIONS, AND REQUIREMENTS DO NOT APPLY TO ANY OPEN SOURCE SOFTWARE, WHICH MAY BE DELIVERED TOGETHER WITH THE PMC-SIERRA PRODUCTS, EXCEPT FOR THE PROVISIONS SET FORTH IN SECTION 7 AND 9 BELOW.



In return for acquiring a license to use the PMC-Sierra software ("Software") and the related documentation, you agree to the following terms and conditions:



1. License

This Agreement grants You, the Licensee, a license to: Use the Software on a single computer system or on multiple workstations, systems and servers which incorporate an PMC-Sierra Hardware product and may be accessed by multiple users from multiple locations. You may make as many installations of the Software as needed, but must restrict such installation only to systems, workstations or servers using an PMC-Sierra hardware product.
Make one copy of the Software in machine readable form solely for back-up purposes provided you reproduce PMC-Sierra’s copyright notice and any proprietary legends.

2. Restrictions

You may not distribute copies of the Software to others. You may not post or otherwise make available the Software, or any portion thereof, in any form, on the Internet. You may not use the software in a computer service business, including in time sharing applications. The Software contains trade secrets and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human perceivable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

3. Ownership

As Licensee, You own the media upon which the Software is recorded or fixed, but PMC-Sierra and its licensors retain title, ownership and intellectual property rights of the Software recorded on the original media and all subsequent copies of the Software, regardless of the form or media in which or on which the original and other copies may exist. This license is not a sale of the Software or any copy. The Software is copyrighted by, proprietary to and a trade secret of PMC-Sierra or its licensors. The Software is protected by the copyright laws of the United States and international copyright treaties.

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. You may terminate the license at any time by destroying the Software (including the related documentation) together with all copies or modifications in any form. Upon termination you shall destroy all copies of the Software (including the related documentation), together with any partial copies.

5. Limited Warranty

PMC-Sierra and its Licensors warrant only that the media upon which the Software is furnished will be free from defects in material or workmanship under normal use and service for a period of thirty (30) days from the date of delivery to you. THE FOREGOING WARRANTY EXPRESSLY EXCLUDES ANY OPEN SOURCE SOFTWARE PROVIDED TO YOU WITH THE PMC-SIERRA SOFTWARE. PMC-SIERRA AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, OPEN SOURCE SOFTWARE OR DOCUMENTATION. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, PMC-SIERRA AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

The entire liability of PMC-Sierra and its licensors, and your exclusive remedy for a breach of this warranty, shall be the replacement of any media not meeting the above limited warranty which is returned to PMC-Sierra; or if PMC-Sierra or its distributor is unable to deliver replacement media which is free from defects in materials or workmanship, you may terminate this Agreement by returning the Software and your money will be refunded.

THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES PMC-SIERRA AND ITS LICENSORS WILL PROVIDE FOR BREACH OF WARRANTY.

6. Limitation of Liability

PMC-Sierra and its Licensors warrant only that the media upon which the Software is furnished will be free from defects in material or workmanship under normal use and service for a period of thirty (30) days from the date of delivery to you. THE FOREGOING WARRANTY EXPRESSLY EXCLUDES ANY OPEN SOURCE SOFTWARE PROVIDED TO YOU WITH THE PMC-SIERRA SOFTWARE. PMC-SIERRA AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, OPEN SOURCE SOFTWARE OR DOCUMENTATION. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, PMC-SIERRA AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

7. Export

You acknowledge that the laws and regulations of the United States restrict the export and re-export of the Software and/or the Open Source Software. Further, you agree that you will not export or re-export the Software and/or the Open Source Software or media in any form without the appropriate United States and foreign government approval.

8. U.S. Government Restricted Rights

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 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.

9. Open Source Software

Certain programs distributed in conjunction with the Software are distributed subject to third party licensing terms, including without limitation, the GNU General Public (“GPL”) License available at: http://www.gnu.org/licenses/gpl.txt or by writing to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA. The source code for the programs licensed under the GPL is available to You, for a period of three (3) years from the date of first commercial distribution of the Software, upon request by contacting PMC-Sierra in writing at 1380 Bordeaux Drive, Sunnyvale, California 94089, ATTN: Legal Department, Open Source Request. PMC-Sierra will only charge you the actual cost of the medium used to distribute the source code for these programs and the cost of shipping. More details regarding the open source software and the applicable open source licenses are available in the README files.

10. General

You agree this is the complete agreement concerning this license. In order to amend this license, a writing executed by both parties is required. You assume full responsibility for the legal and responsible use of the Software. This license shall be governed by California law as such law applies to agreements between 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 PMC-Sierra.

If you have any questions concerning this license, contact:

PMC-Sierra, Inc.
Legal Department
1380 Bordeaux Drive
Sunnyvale, California 94089
phone: (408) 239-8000
fax: (408) 492-1157