This license applies to the firmware binary files associated with the
QLogic qlc hba driver.

THIS PRODUCT CONTAINS COMPUTER PROGRAMS AND RELATED DOCUMENTATION 
("SOFTWARE") THAT BELONG TO QLOGIC CORPORATION ("QLOGIC"), THE USE OF WHICH
IS SUBJECT TO THIS END USER SOFTWARE LICENSE AGREEMENT ("AGREEMENT") UNLESS
OTHERWISE AGREED TO IN WRITING BY QLOGIC.  CLICKING ON THE "AGREE" BUTTON
BELOW, INSTALLING/USING THE SOFTWARE OR ENTERING A LICENSE KEY CONSTITUTES
ACCEPTANCE BY LICENSEE ("LICENSEE" MEANS YOU OR THE BUSINESS ENTITY ON WHOSE
BEHALF YOU USE OR INSTALL THE SOFTWARE, AS APPLICABLE) OF ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT UNLESS OTHERWISE AGREED TO IN WRITING BY QLOGIC.
IF LICENSEE DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
LICENSEE SHALL NOT INSTALL/USE THE SOFTWARE OR ENTER A LICENSE KEY.  WRITTEN
APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS 
AGREEMENT. 

1. License Grant.  Subject to the terms and conditions of this 
   Agreement, QLogic grants Licensee a limited, non-exclusive license 
   to redistribute, install, download and/or use the Software (in 
   object code form only) with certain approved products manufactured 
   by or for QLogic and approved products manufactured by or for an OEM 
   customer of QLogic ("QLogic Approved Products").  This license is 
   only available to original end user purchasers of QLogic Approved 
   Products that have been purchased through QLogic authorized 
   distribution channels or approved OEM distribution channels.  This 
   license is not available to any end users of QLogic products who 
   have purchased QLogic products, which have previously been used and 
   the license is not available to any purchaser of QLogic application 
   specific integrated circuits ("ASICs") or any product incorporating 
   an ASIC, unless the product incorporating the ASIC is a QLogic 
   Approved Product.  No rights or licenses in the Software are granted 
   to Licensee other than those rights expressly granted in this 
   Agreement.  Nothing in this License entitles Licensee to any 
   upgrades or updates to, or future releases of, the Software. If 
   Licensee redistributes the Software, then Licensee shall reproduce 
   all copyright notices and must include this Agreement or an 
   agreement which is at least as restrictive as this Agreement.

2. Permitted Use.  Licensee may only install and use the Software in 
   accordance with the documentation provided with the Software and 
   with QLogic Approved Products.  

3. Intellectual Property Rights.  The Software contains or embodies 
   intellectual property of QLogic (or any of its licensors). The 
   structure, organization and code are valuable trade secrets of 
   QLogic (or its licensors). QLogic and/or its licensors do not grant, 
   convey or license to Licensee any rights under any patents, 
   copyrights, trademarks or any other intellectual property except as 
   specifically granted herein. The Software is protected under U.S. 
   copyright laws, international treaty provisions and applicable laws 
   (including patent laws, if applicable) of the country in which it is 
   being used. Any unauthorized duplication of the Software is 
   expressly forbidden.

4. Ownership of Software. Notwithstanding anything to the contrary, 
   QLogic and its licensors retain all title to and, except as 
   expressly and unambiguously licensed herein, all rights and interest 
   in (i) the Software, all copies and derivative works thereof (by 
   whomever produced), and (ii) all copyright rights, patent rights, 
   trade secret rights, moral rights and all other intellectual 
   property and proprietary rights anywhere in the world in the 
   Software.  The Software is only licensed to Licensee and is not 
   sold. 

5. Restrictions and Cooperation.  Licensee shall not (and shall not 
   allow any third party to) (i) decompile, disassemble, or otherwise 
   reverse engineer or attempt to reconstruct or discover any source 
   code, or underlying ideas or algorithms of the Software (except to 
   the extent expressly permitted under applicable law); (ii) provide, 
   lease, lend, use for timesharing or otherwise use or allow others to 
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   derivative work of any part of the Software; (iv) disseminate 
   performance information or analysis from any source relating to the 
   Software; (v) make any copies of the Software except as required to 
   use the Software as licensed hereunder, except for one (1) copy 
   solely for archival and back-up purposes,  or (vi) remove any 
   product identification, copyright notice or other proprietary legend 
   from the Software.  Licensee agrees to cooperate with QLogic and its 
   licensors in connection with their efforts to protect their 
   copyright/patent rights and other legal rights in the Software.  
   QLogic may, from time to time, implement additional security 
   measures for the Software, and Licensee shall cooperate with 
   such measures and be responsible for installing upgrades that 
   include such measures.

6. Further Obligations.  Licensee shall defend, indemnify and hold 
   QLogic harmless from and against any and all claims, damages, 
   liabilities, costs and expenses (including, without limitation, 
   attorneys" fees) arising out of Licensee"s breach of its obligations 
   under this Agreement.

7. Term and Termination.  This Agreement will become effective on the 
   date Licensee clicks on the "Agree" button below or otherwise uses 
   the Software and will remain in force until terminated.  Licensee 
   may terminate this Agreement at any time, and QLogic may terminate 
   this Agreement if Licensee breaches any of the terms or conditions 
   hereunder.  Licensee agrees to destroy or return to QLogic the 
   original and all copies of the Software immediately upon any 
   termination of this Agreement.

8. Confidentiality.  Licensee acknowledges that the Software contains 
   valuable trade secrets of QLogic and other information proprietary 
   to QLogic and its licensors.  Licensee shall: (i)"keep confidential 
   such trade secrets and proprietary information, including without 
   limitation all information concerning ideas and algorithms related 
   to the Software, (ii)"disclose such information only to its 
   employees and agents to the extent required to use the Software 
   under the terms of this Agreement and (iii)"bind its employees, 
   consultants, agents and other third parties in writing to maintain 
   the confidentiality of such trade secrets and proprietary 
   information and not use or disclose such information except as 
   permitted in this Agreement.

9. Limited Warranty and Disclaimer. THE SOFTWARE IS PROVIDED "AS IS" 
   WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY 
   WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND 
   NON-INFRINGEMENT.  QLOGIC DOES NOT WARRANT THAT THE SOFTWARE IS 
   ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION.  QLOGIC 
   DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE 
   USE, OR THE RESULTS OF THE USE OF THE SOFTWARE INCLUDING, WITHOUT 
   LIMITATION, THE CORRECTNESS, ACCURACY OR RELIABILITY OF SUCH USE OR 
   RESULTS.  

10. Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, 
    IN NO EVENT WILL QLOGIC BE LIABLE TO LICENSEE OR ANY THIRD PARTY 
    FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING, 
    WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOST SAVINGS, OR FOR 
    THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY 
    EVEN IF QLOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, 
    OR FOR ANY CLAIM BY ANY THIRD PARTY.  

11. Export.  Licensee represents, warrants and agrees that it will not, 
    directly or indirectly, export, re-export or transmit the Software 
    or any part thereof to any country in which such export, re-export 
    or transmission is restricted by any applicable U.S. regulation or 
    statute, without the prior written consent of both QLogic and, if 
    required, of the Bureau of Export Administration of the U.S. 
    Department of Commerce, or such other governmental entity as may 
    have jurisdiction over such export or transmission. In addition to 
    the above, Software may not, in the absence of authorization by 
    U.S. and local law and regulations, as required, be used by or 
    exported or reexported to (i) any U.S. sanctioned or embargoed 
    country, or to nationals or residents of such countries; or (ii) 
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    U.S. Department of Commerce's Denied Persons or Entity List, the 
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    Blocked Persons Lists, or the Department of State's Debarred 
    Parties List, as published and revised from time to time; or 
    (iii) any party where the end-use involves nuclear, 
    chemical/biological weapons, rocket systems or unmanned air 
    vehicles.

12. Miscellaneous.  A party"s failure to exercise or its delay in 
    exercising any rights hereunder will not be deemed to be a waiver 
    of such right.  If any provision of this Agreement shall be held by 
    any court of competent jurisdiction to be unenforceable or invalid, 
    that provision shall be limited or eliminated to the minimum extent 
    necessary so that this Agreement shall otherwise remain in full 
    force and effect and enforceable.  This Agreement shall be 
    construed pursuant to the laws of the State of California and the 
    United States without regard to conflicts of laws provisions 
    thereof and without regard to the United Nations Convention on 
    Authority for the International Sale of Goods.  Licensee 
    irrevocably submits to the jurisdiction of any state or federal 
    court sitting in the State of California, United States of America, 
    and consents to venue in such forum with respect to any action or 
    proceeding that relates to this Agreement.  No amendment 
    to or modification of this Agreement will be binding unless in 
    writing and signed by a duly authorized officer of QLogic.  The 
    provisions of Sections 3-11 shall survive termination of this 
    Agreement.  This Agreement is in the English language only, which 
    language shall be controlling and any revision of this Agreement in 
    any other language shall not be binding.  Both parties agree that 
    this Agreement is the complete and exclusive statement of the 
    mutual understanding of the parties and supersedes and cancels all 
    previous written and oral agreements and communications relating to 
    the subject matter of this Agreement.  NO VENDOR, DISTRIBUTOR, 
    DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED TO 
    MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION OR 
    PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE 
    REPRESENTATIONS OR PROMISES IN THIS AGREEMENT.

