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I want to add some example projects to my repository. However, I have some files with copyright notice. The disclaimer says owned by Xilinx, use at own risk, don't delete copy right notice.

It confuses me, it says it is confidential so I cannot use it? At the same time, if I use it, it is my responsibility. The notice does not mention anything about how the file can or can't be used.

Also, the repository where I pretend to use it does not have a copyright notice ATM. I understand it's a legal question and I doubt we can get a fully competent answer here but if someone could give some explanation how this works, in general?

here is copyright notice (I shortened it a bit):

(c) Copyright 2013 - 2016 Xilinx, Inc. All rights reserved.

This file contains confidential and proprietary information of Xilinx, Inc. and is protected under U.S. and international copyright and other intellectual property laws.

DISCLAIMER
This disclaimer is not a license and does not grant any rights to the materials distributed herewith. Except as otherwise provided in a valid license issued to you by Xilinx:
(1) THESE MATERIALS ARE MADE AVAILABLE "AS IS" AND WITH ALL FAULTS, AND XILINX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE; and
(2) Xilinx shall not be liable ... for any loss or damage of any kind or nature related to, ...

CRITICAL APPLICATIONS
Xilinx products are not designed or intended to be fail-safe, or for use in any application requiring fail-safe performance... Customer assumes the sole risk and liability of any use of Xilinx products in Critical Applications...

THIS COPYRIGHT NOTICE AND DISCLAIMER MUST BE RETAINED AS PART OF THIS FILE AT ALL TIMES.

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    No. "This disclaimer...does not grant any rights...Except as otherwise provided in a valid license issued to you". In other words, check your license (if any). Mar 10 '18 at 3:41
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    "The notice does not mention anything about how the file can or can't be used." If it doesn't mention how it can be used, it can't be used.
    – tkausl
    Mar 10 '18 at 14:59
  • Everything which is not allowed is forbidden. With exceptions for "fair use", where applicable.
    – jscs
    Mar 10 '18 at 15:47
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This copyright license does not give you any rights at all. In particular, it does not give you the right to change the contents or publish the file in a repository of your own.

You might have a separate agreement with Xilinx about the use of the file (for example, you bought a license to use it in a project), but it is unlikely that such an agreement gives you the right to publish the file.

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