Software License Agreement

Micron Technology, Inc. Software License Agreement.

 


PLEASE READ THIS LICENSE AGREEMENT (“AGREEMENT”) FROM MICRON TECHNOLOGY, INC. (“MTI”) CAREFULLY: BY INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE AND ANY RELATED PRINTED MATERIALS (“SOFTWARE”), YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE SOFTWARE.

LICENSE: MTI hereby grants to you the following rights: You may use and copy the Software and redistribute it to third parties subject to the terms of this Agreement. You must maintain all copyright notices on all copies of the Software. MTI may make changes to the Software at any time without notice to you. In addition MTI is under no obligation whatsoever to update, maintain, or provide new versions or other support for the Software.

OWNERSHIP OF MATERIALS: You acknowledge and agree that the Software is proprietary property of MTI and is protected by United States copyright law and international treaty provisions. Except as expressly provided herein, MTI does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. You further acknowledge and agree that all right, title, and interest in and to the Software, including associated proprietary rights, are and shall remain with MTI. This Agreement does not convey to you an interest in or to the Software, but only a limited right to use, copy and redistribute the Software in accordance with the terms of this Agreement. The Software is licensed to you and not sold.

DISCLAIMER OF WARRANTY: The Software is provided “AS IS” without warranty of any kind. MTI EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. MTI DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, MTI DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. IN NO EVENT SHALL MTI, ITS AFFILIATED COMPANIES OR THEIR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

TERMINATION OF THIS LICENSE: MTI may terminate this license at any time if you are in breach of any of the terms of this Agreement. Upon termination, you will immediately destroy all copies the Software.

GENERAL: This Agreement constitutes the entire agreement between MTI and you regarding the subject matter hereof and supersedes all previous oral or written communications between the parties. This Agreement shall be governed by the laws of the State of Idaho without regard to its conflict of laws rules.

CONTACT: If you have any questions about the terms of this Agreement, please contact MTI’s legal department at (208) 368-4500.

By clicking on the Accept button, you agree to the terms of the License Agreement. You must agree to the terms in order to download the software.

Non-Disclosure Agreement

Micron Technology, Inc. NDA Agreement

To access these documents, you must first read and accept Micron's electronic non-disclosure agreement. If the Recipient has a written confidentiality agreement with Micron Technology, Inc. you will need to click "Accept" at the bottom of this page, but the terms of the written confidentiality agreement will apply.

ON-LINE NONDISCLOSURE AGREEMENT THIS IS A LEGAL AGREEMENT BETWEEN YOU OR THE COMPANY YOU REPRESENT (EACH A "RECIPENT") AND MICRON TECHNOLOGY, INC. ("MTI") STATING THE TERMS AND CONDITIONS THAT GOVERN THE CONFIDENTIALITY OF INFORMATION POSTED TO OR MADE AVAILABLE THROUGH THE MICRON WEBSITE. PLEASE CAREFULLY READ THIS NONDISCLOSURE AGREEMENT ("AGREEMENT") BEFORE CLICKING "ACCEPT" AT THE BOTTOM OF THE PAGE. BY CLICKING ON"ACCEPT", RECIPIENT IS AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF RECIPIENT DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, PRESS "DECLINE" AND RECIPENT WILL BE UNABLE TO ACCESS CONFIDENTIAL INFORMATION.

1. Written Nondisclosure Agreement. If Recipient and MTI have entered into a written confidentiality agreement ("Confidentiality Agreement") that is in effect as of the date Recipient enters into this Agreement and such Confidentiality Agreement already applies to and governs the Confidential Information (defined below), then the terms of such Confidentiality Agreement shall apply to and govern Recipient’s obligations concerning such Confidential Information and not the terms of this Agreement.

2. Confidential Information. "Confidential Information" means any information or data posted to or made available through MTI’s secure website that is (i) marked or labeled as "Confidential" or "Proprietary" or with similar designation, or (ii) of a nature that a reasonable person would know such information is confidential. Confidential Information does not include that which:

(i) is proven by Recipient through competent evidence to rightfully have already been in Recipient's possession at the time of disclosure without an obligation of confidentiality;

(ii) is or becomes available to the public through no fault or breach on the part of Recipient;

(iii) is independently developed by Recipient without use of or reference to the Confidential Information;

or (iv) is rightfully obtained from a third party who has the right to transfer or disclose it to Recipient without restriction.

3. Purpose of Disclosure and Restriction on Use. Confidential Information is disclosed hereunder strictly for the purpose of Recipient’s internal evaluation and/or to assist Recipient in the implementation of an MTI device or product into a commercial product ("Purpose"). Recipient shall use the Confidential Information solely in accordance with the terms of this Agreement to accomplish the Purpose and shall make no further use, in whole or in part, of the Confidential Information.

4. Non-Disclosure. Recipient agrees to protect the Confidential Information, using at least the same degree of care it uses to protect its own confidential and proprietary information, but in no case with less than reasonable care. Recipient shall not disclose, publish or disseminate Confidential Information to anyone other than those of its employees, agents, contractors and consultants (collectively "Representatives") who have a need to know the information in order to accomplish the Purpose and who are bound by a written agreement that prohibits unauthorized disclosure or use of Confidential Information on terms no less restrictive and protective than those contained within this Agreement. Recipient will be responsible for any violation of the terms of this Agreement by its Representatives. Recipient may disclose Confidential Information to the extent required by law, provided Recipient shall promptly notify MTI in writing of such requirement to disclose and Recipient shall cooperate with MTI’s efforts to protect the Confidential Information. Recipient shall notify MTI promptly in writing in the event of any disclosure of the Confidential Information which is not authorized under this Agreement.

5. Feedback. Notwithstanding any other provision in this Agreement, if Recipient provides any ideas, suggestions or recommendations to MTI regarding Confidential Information ("Feedback"), MTI is free to use and incorporate such Feedback in MTI’s products, without payment of royalties or other consideration to Recipient, so long as MTI does not infringe Recipient’s patents, copyrights or trademark rights in the Feedback.

6. Copies. Recipient shall not make any copies of Confidential Information except as strictly necessary to carry out the above-stated Purpose. Any copies that are made must be identical to the original, may not be modified, and shall be considered the property of MTI.

7. No License. No Warranty. Except as expressly set forth herein, no license is granted hereunder to any patents, copyrights, mask works, or trademarks either expressly, by implication, estoppel or otherwise. Any such license must be express and in writing from MTI. All Confidential Information shall remain the property of MTI and nothing in this Agreement shall restrict MTI from using, disclosing or disseminating such Confidential Information in any way. CONFIDENTIAL INFORMATION IS DISCLOSED HEREUNDER "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR UTILITY OF SUCH CONFIDENTIAL INFORMATION.

8. Termination of Obligations of Confidentiality. This Agreement will become effective on the date Recipient clicks on "Accept." Notwithstanding any termination of this Agreement, the provisions of this Agreement shall continue for a period of five (5) years from the date of each disclosure of Confidential Information. MTI may terminate this Agreement at any time in its sole discretion upon written notice to Recipient (including such notice transmitted through this secure MTI website or via electronic mail to Recipient).

9. Return of Confidential Information. Within ten (10) business days of MTI’s written request, and at MTI’s option, Recipient shall return or certify to MTI the destruction of the Confidential Information including, without limitation, hard copy and electronic documents and all materials created by Recipient that contain the Confidential Information.

10. Governing Law and Attorneys' Fees. This Agreement shall be governed by the laws of the State of Idaho, U.S.A., excluding its conflict of laws principles. Recipient hereby consents to the personal jurisdiction of the courts of Idaho for any dispute arising out of this Agreement. In the event of any suit, action or proceeding arising out of or relating to this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and reasonable costs incurred.

11. Export. Recipient agrees that Confidential Information, or any portion thereof, shall not be exported or re-exported, directly or indirectly, in any form, except in compliance with the U.S. Export Administration Act and all other applicable export control laws or regulations.

12. Injunctive Relief. Recipient acknowledges and agrees that disclosure of Confidential Information in violation of the terms of this Agreement will cause irreparable harm to MTI for which monetary damages would not be an adequate remedy. Therefore, Recipient agrees that, in addition to any other remedies available to MTI, in the event of any breach or threatened breach of this Agreement, MTI shall be entitled to injunctive relief and Recipient waives any requirement for the posting of a bond in connection therewith.

13. No Implied Waiver. MTI’s failure or delay in exercising any of its rights hereunder will not constitute a waiver of such rights unless expressly waived in writing.

14. General. This Agreement:

(i) may be amended or modified only by an express writing signed by Recipient and an authorized representative of MTI;

(ii) will not be construed as creating any joint venture, partnership or other form of business association between the parties hereto;

(iii) is not assignable or delegable in whole or in part by Recipient without the express written consent of MTI;

(iv) shall inure to the benefit of and be binding upon the parties, their successors, the assigns of MTI and the permitted assigns of Recipient;

and (v) is in the English language only, which language shall be controlling in all respects, and all versions of this Agreement in any other language shall not be binding on the parties hereto.

15. Authorized Signatory. The individual clicking on "Accept" is entering into this Agreement and accessing Confidential Information either (1) as an individual, and hereby agrees that he or she shall be personally liable to MTI if Confidential Information is disclosed or used in a manner not authorized by this Agreement, or (2) on behalf of an employer or other entity, and hereby represents and warrants that he or she has full legal authority to bind such employer or entity to this Agreement and that such employer or entity shall be legally bound by all of the terms and conditions of this Agreement as Recipient hereunder. IF CONFIDENTIAL INFORMATION IS FOR AN EMPLOYER OR ENTITY, BUT YOU DO NOT HAVE THE LEGAL AUTHORITY TO SO BIND SUCH EMPLOYER OR ENTITY, THEN DO NOT ACCESS, VIEW, READ, OR DOWNLOAD IN ANY WAY CONFIDENTIAL INFORMATION, AND DO NOT CLICK ON "ACCEPT."

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Export Compliance Certification (ECC)

Micron Technology Inc. ECC Agreement

 

In furtherance of Micron’s compliance with the requirements of the United States Export Administration Regulations (“EAR”)  as administered by the U.S. Department of Commerce, and the regulations of the Office of Foreign Assets Controls (“OFAC”) (31 C.F.R. 500-599) as administered by the U.S. Department of Treasury YOUR COMPANY acknowledges that the access to commodities, software and/or technology (items) that are being provided to them by Micron are subject to these regulations.  By executing this Certification, YOUR COMPANY acknowledges and certifies that it will comply with the requirements described herein and accept responsibility for any subsequent transfers of the products, software, or technology (herein referred to as “Items”).

Accordingly, YOUR COMPANY hereby acknowledges and agrees to the following terms and conditions:

YOUR COMPANY will comply with applicable U.S. export control laws, regulations, and requirements.

YOUR COMPANY will not knowingly transfer, export, re-export, or divert any Micron items, directly or indirectly to any person, country, or to any foreign national or resident thereof, without first obtaining, if so required, all export licenses, authorizations and/or approvals from the U.S. Department of Commerce or other appropriate U.S. governmental agencies. 

YOUR COMPANY will not export, re-exports and or transfer directly or indirectly any Micron products, software, or technology to sanctioned entities and individuals who are prohibited from receiving U.S. Items and certain other Items or services.

YOUR COMPANY will not export, re-exports and or transfer directly or indirectly any Micron products, software, or technology to these countries: the Crimea Region (including the Donetsk People’s Republic (DNR) and Luhansk People’s Republic (LNR regions), Russia, Belarus, Cuba, Iran, North Korea, and Syria. All sales, exports, re-exports and transfers directly or indirectly to these countries involving Micron Items are prohibited. 

YOUR COMPANY will not knowingly engage in activity related to the development, production, use, or maintenance of Weapons of Mass Destruction, as defined by the U.S. Department of Commerce, including without limitation, uses related to nuclear, missile, chemical or biological warfare. Nor will we knowingly transfer, export, or re-export directly or indirectly to any party engaged in such activity. 

YOUR COMPANY will not engage in, or knowingly sell to any party engaged in activity related to the development, production, use, or maintenance of any safeguarded or unsafeguarded nuclear fuel facility or components for such facilities as follows: a. Facilities for the chemical processing of irradiated special nuclear or source material; b. Facilities for the production of heavy water; c. Facilities for the separation of isotopes of source and special nuclear material; or d. Facilities for the fabrication of nuclear reactor fuel containing plutonium.

YOUR COMPANY certifies it is not a military entity or end-user and will not transfer, export, re-export, or divert any Micron items, for the production or support of military end uses or for military end users. For purposes of this Agreement, a “military end use” means (i) incorporation of an item into a military item or (ii) any item that supports or contributes to the operation, installation, maintenance, repair, overhaul, refurbishing, development, or production, of military items. A “military end user” is (i) a national armed service (army, navy, marine, air force, coast guard, national guard, or national police); (ii) a government intelligence or reconnaissance organization; or (iii) any person or entity whose actions or functions are intended to support “military end uses.”

YOUR COMPANY certifies will not transfer, export, re-export, or divert any Micron items, for the development, production, use, or maintenance of integrated circuits (ICs) at a semiconductor fabrication facility located in China or Hong Kong. These restrictions also prohibit the use of Micron products, technology and/or services for supercomputing.

By signing this Certification and Agreement, you certify on behalf of YOUR COMPANY not to export, re-export, or transfer Micron Items in violation of any applicable export control laws or regulations, including the laws of the United States. YOUR COMPANY further certifies that it will promptly correct or supplement this Certification if Company is no longer able to make these representations or learns that information changed.

By clicking Accept, you hereby acknowledge and certify your company’s acceptance and agreement hereto and represents that you have full legal authority to bind Company hereto. 

 

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    Micron First to Achieve Qualification Sample Milestone to Accelerate Ecosystem Adoption of CXL 2.0 Memory

    Micron to fuel mission-critical workloads with CZ120 memory expansion modules installed in CXL-ready servers

    What’s New: Micron Technology, a leader in innovative data center solutions, today announced it has achieved its qualification sample milestone for the Micron CZ120 memory expansion modules using Compute Express Link™ (CXL™). Micron is the first in the industry to achieve this milestone, which accelerates the adoption of CXL solutions within the data center to tackle the growing memory challenges stemming from existing data-intensive workloads and emerging artificial intelligence (AI) and machine learning (ML) workloads.

    Using a new and emerging CXL standard, the CZ120 required substantial hardware testing for reliability, quality and performance across CPU providers and OEMs, along with comprehensive software testing for compatibility and compliance with OS and hypervisor vendors. This achievement reflects the collaboration and commitment across the data center ecosystem to validate the advantages of CXL memory. By testing the combined products for interoperability and compatibility across hardware and software, the Micron CZ120 memory expansion modules satisfy the rigorous standards for reliability, quality and performance required by customers’ data centers.

    “Micron has collaborated with participants in the data center ecosystem to drive CXL adoption to fuel mission-critical, data-intensive workloads for both traditional enterprise and emerging AI applications,” said Vijay Nain, senior director of CXL Product Management at Micron. “More than an incremental improvement, this qualification milestone redefines what’s possible in next-generation data centers, positioning Micron at the forefront of the industry in the advancement of CXL solutions.” 

    Why It Matters: With existing server infrastructure struggling to meet the needs of data-intensive workloads, CXL offers a new architecture to break through legacy data bottlenecks. The Micron CZ120 memory expansion modules using CXL provide the needed building blocks to solve this challenge. These modules offer 128GB and 256GB densities and enable up to 2TB of added capacity at the server level. This higher capacity is complemented by a bandwidth increase of 38 GB/s that stems from saturating each of the PCIe™ Gen5 x8 lanes. Traditional SaaS enterprise workloads such as in-memory databases, SQL Server, OLAP and data analytics see a substantial performance increase when the system memory is augmented with CZ120 memory modules, with CZ120 delivering up to a 1.9 times TPC-H benchmark improvement.[1] Enhanced GPU large language model (LLM) inferencing is also facilitated with Micron’s CZ120 memory, leading to faster time to insights and better sustained GPU utilization.

    With memory solutions like the CZ120, Micron is not only meeting the current demands of data center workloads but is also paving the way for future advancements that raise the bar for efficiency and performance in the data center.

    Ecosystem Enablers on Micron’s CZ120 Memory Expansion Modules
     

    Red Hat®:

    “Red Hat and Micron have worked closely to extensively test and validate the Red Hat® Enterprise Linux® OS with the Micron CZ120 memory expansion modules to deliver more seamless integration in the data center environment as we work toward certification,” said Gunnar Hellekson, vice president and general manager, Red Hat Enterprise Linux, Red Hat. “This joint effort will assist in the optimization of memory-intensive workloads in today’s data centers and well into the future.”

    Supermicro:

    “The Supermicro X13 and H13 all-flash Petascale storage servers support Micron’s CZ120 memory expansion modules to deliver validated, tested and proven solutions for data center deployments,” said Don Clegg, senior vice president of Worldwide Sales at Supermicro. “Our longstanding relationship and joint efforts with Micron benefit a wide variety of key customers who require the highest quality, most reliable offerings available in the industry.”

    XConn Technologies:

    “Our joint effort with Micron to ensure compatibility between our low-latency CXL ‘Apollo’ switches and the Micron CZ120 memory expansion modules will have a significant impact on improving output for even the most demanding data center workloads,” said Gerry Fan, chief executive officer, XConn Technologies. “By achieving this latest CXL qualification milestone, Micron continues to underscore their integral role in the development of new, innovative memory solutions.”

    Micron CZ120 memory expansion modules are available for purchase now in production volume through OEM channels, such as the Supermicro Petascale platform, with additional availability continuing to grow over the next several quarters. For more information about Micron CZ120 memory solutions, visit: CXL-based memory | Micron Technology Inc. and CXL TEP resources | Micron Technology Inc..

    Additional resources:

    About Micron Technology, Inc.

    We are an industry leader in innovative memory and storage solutions transforming how the world uses information to enrich life for all. With a relentless focus on our customers, technology leadership, and manufacturing and operational excellence, Micron delivers a rich portfolio of high-performance DRAM, NAND and NOR memory and storage products through our Micron® and Crucial® brands. Every day, the innovations that our people create fuel the data economy, enabling advances in artificial intelligence (AI) and compute-intensive applications that unleash opportunities — from the data center to the intelligent edge and across the client and mobile user experience. To learn more about Micron Technology, Inc. (Nasdaq: MU), visit micron.com.

    © 2024 Micron Technology, Inc. All rights reserved. Information, products, and/or specifications are subject to change without notice. Micron, the Micron logo, and all other Micron trademarks are the property of Micron Technology, Inc. All other trademarks are the property of their respective owners.

    Micron Media Relations Contact
    Kelly Sasso
    Micron Technology, Inc.
    +1 (208) 340-2410
    ksasso@micron.com

    Supermicro 1U Petascale Storage Server with 8 E3.S NVMe PCIe Gen 5 SSD bays and 4 CXL E3.S bays, AMD EPYC™ 9004 Processor.  (Model ASG-1115S-NE3X12R).

    Micron CZ120 memory module using CXL