
 MYRICOM MYRINET EXPRESS (MX) NETWORKING SOFTWARE AND DOCUMENTATION LICENSE

Copyright 2003 - 2004 by Myricom, Inc.  All rights reserved.

1. Definitions

  1.1 "Commercial Use" means use of Covered Code to directly generate
  revenue, including but not limited to, embedding the source code in
  proprietary software, distributing executable software, or offering
  consulting services utilizing the source code.

  1.2 "Contributor" means each entity that creates or contributes to the
  creation of Modifications.

  1.3 "Covered Code" means the Original Source Code, Modifications, or
  the combination of the Original Source Code and Modifications, in each
  case including portions thereof. The Original Source Code, developed
  by Myricom, Inc., hereinafter referred to as Myricom, is described in
  the Source Code notice required by Exhibit A.

  1.4 "Source Code" means the preferred form of the Covered Code for
  making modifications to it, including all modules it contains, plus
  any associated interface definition files, scripts used to control
  compilation and installation of executable code, or a list of source
  code differential comparisons against either the Original Source Code
  or another well known, available Covered Code of the Contributor's
  choice. The Source Code can be in a compressed or archival form,
  provided the appropriate decompression or de-archiving software is
  widely available for no charge.

  1.5 "Larger Work" means a work, which combines Covered Code or
  portions thereof with code not governed by the terms of this License.

  1.6 "License" means this document.

  1.7 "Modifications" means any addition to or deletion from the
  substance or structure of either the Original Source Code or any
  previous Modifications. When Covered Code is released as a series of
  files, a Modification is:

    (a) Any addition to or deletion from the contents of a file
    containing Original Source Code or previous Modifications.

    (b) Any new file that contains any part of the Original Source
    Code or previous Modifications

  1.8 "User" means an individual or a legal entity exercising rights
  under, and complying with, all of the terms of this License. For legal
  entities, User includes any entity, which controls, is controlled by,
  or is under common control with a User. For purposes of this
  definition, "control" means (a) the power, direct or indirect, to
  cause the direction or management of such entity, whether by contract
  or otherwise, or (b) ownership of fifty percent (50%) or more of the
  outstanding shares or beneficial ownership of such entity.

2. Source Code License.

  2.1 Myricom hereby grants User a world-wide, royalty-free,
  non-exclusive license, subject to third party intellectual property
  claims:

    (a) to internally use, reproduce, and modify, the Covered Code (or
    portions thereof) with or without Modifications, or as part of a
    Larger Work; and

    (b) under patents now or hereafter owned or controlled by Myricom,
    to use the Covered Code (or portions thereof), but solely to the
    extent that such license is reasonably necessary to enable User to
    exercise the rights set forth in Section 2.1(a).

    (c) The licenses granted in this Section 2.1(a) and (b) are
    effective on the date the User first receives Covered Code.

    (d) No license is granted by Myricom for the Commercial Use of
    Covered Code under this License.

    (e) No license is granted by Myricom for the distribution of
    Covered Code under this License.  User may distribute Covered Code
    only with Myricom's express written consent.

  2.2. User Grant. User agrees to promptly provide Myricom with a copy
  of any User-created Modifications and hereby grants Myricom a
  world-wide, royalty-free, non-exclusive license, subject to third
  party intellectual property claims:

    (a) to use, reproduce, modify, display, perform, sublicense and
    distribute any Modifications created by User (or portions thereof)
    either on an unmodified basis, with other Modifications, as
    Covered Code or as part of a Larger Work; and

    (b) under patents now or hereafter owned or controlled by
    Contributor, to use the Covered Code (or portions thereof), but
    solely to the extent that any such license is reasonably necessary
    to enable Myricom to exercise the rights granted under Section
    2.2(a).

    (c) The licenses granted in this Section 2.2(a) and (b) are
    effective on the date the Myricom first receives any
    Modifications.

3. User Obligations

  3.1. Intellectual Property Matters

    (a) Third Party Claims. If User has knowledge that a party claims
    an intellectual property right in particular functionality or code
    (or its use under this License), User must include a text file
    with any source code provided to Myricom titled "LEGAL" which
    describes the claim and the party making the claim in sufficient
    detail that Myricom will know whom to contact. If User obtains
    such knowledge after User provides the Modification to Myricom,
    User shall promptly notify Myricom.

    (b) Contributor APIs. If a Modification is an application
    programming interface and User owns or controls patents, which are
    reasonably necessary to implement that API, User must also include
    this information in the LEGAL file.

  3.2. Required Notices. User must duplicate (i) the notice in Exhibit
  A in each file in any copies of the Covered Code, and (ii) this
  License in any documentation for the Covered Code. If User created
  one or more Modification(s), User may add its name as a Contributor
  to the notice described in Exhibit A. If it is not possible to put
  such notice in a particular file due to its structure, then User
  must include such notice in a location (such as a relevant directory
  file) where a user would be likely to look for such a notice.

  3.3. Distribution of Executable Versions. - This License does not
  authorize distribution of the Covered Code by User.

  3.4. Larger Works. User may create a Larger Work by combining
  Covered Code with other code not governed by the terms of this
  License. In such a case, User must make sure the requirements of
  this License are fulfilled for the Covered Code including 2.1(d) and
  2.1(e).

4. DISCLAIMER OF WARRANTY.

COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE COVERED CODE IS WITH USER.  SHOULD ANY COVERED CODE PROVE
DEFECTIVE IN ANY RESPECT, USER ASSUMES THE COST OF ANY NECESSARY
SERVICING, REPAIR, OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

5. TERMINATION.

This License and the rights granted hereunder will terminate
automatically if User fails to comply with terms herein. All
sublicenses to the Covered Code which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License
shall survive.

6. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL MYRICOM OR ANY
DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES,
BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION
AND LIMITATION MAY NOT APPLY TO USER.

7. MISCELLANEOUS.

This License represents the complete agreement concerning the subject
matter hereof. Nothing in this License shall be construed as
conferring by implication, estoppel or otherwise any license or rights
other than those granted in this License. If any provision of this
License is held to be unenforceable, such provision shall be reformed
only to the extent necessary to make it enforceable. This License
shall be governed by California law, excluding its choice of law
principles.

EXHIBIT A.

The contents of this file are subject to the MYRICOM MYRINET EXPRESS (MX) 
NETWORKING SOFTWARE AND DOCUMENTATION LICENSE (the "License"); User
may not use this file except in compliance with the License.

Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied.  See
the License for the specific language governing rights and limitations
under the License.

Copyright 2003 - 2004 by Myricom, Inc.  All rights reserved.
[INCLUDE DESCRIPTION OF CODE COVERED BY LICENSE]
