Adaptec 5325301638 Administration Guide - Page 4

END USER LICENSE AGREEMENT (EULA) FOR USE OF SNAP APPLIANCE STORAGE SOLUTIONS AND RELATED INSTALLATION UTILITIES SNAP IP, ASSIST, AND SNAP SERVER MANAGER ("INSTALLATION UTILITIES"); THE SYSTEM SOFTWARE EMBEDDED IN THE SNAP SERVER STORAGE SOLUTION ("EMBEDDED SOFTWARE"); SOFTWARE MARKETED BY SNAP APPLIANCE OR THAT IS EMBEDDED IN OR OTHERWISE CONSTITUTES A PART OF SNAP APPLIANCE COMPUTER HARDWARE PRODUCT(S) (SOMETIMES REFERRED TO COLLECTIVELY HEREIN, TOGETHER WITH THE INSTALLATION UTILITIES AND THE EMBEDDED SOFTWARE, AS THE "LICENSED SOFTWARE"), EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, ARE PROPRIETARY COMPUTER SOFTWARE BELONGING TO SNAP APPLIANCE, INC. OR ITS LICENSORS. UNITED STATES COPYRIGHT AND OTHER FEDERAL AND STATE LAWS AND INTERNATIONAL LAWS AND TREATIES PROTECT THE INSTALLATION UTILITIES AND EMBEDDED SOFTWARE. USE OF THE SNAP SERVER STORAGE SOLUTION ("SERVER") OR THE INSTALLATION UTILITIES IMPLIES YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. BY USING THE INSTALLATION UTILITIES OR THE SERVER, YOU ARE ENTERING INTO A BINDING CONTRACT WITH SNAP APPLIANCE, INC.. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE INSTALLATION UTILITIES, THE EMBEDDED SOFTWARE, OR THE SERVER AND SHOULD PROMPTLY RETURN THIS ENTIRE PACKAGE, INCLUDING THE INSTALLATION UTILITIES AND SERVER, TO THE PLACE WHERE YOU PURCHASED IT FOR A FULL REFUND. 1 Ownership and Copyright. The Installation Utilities and Embedded Software are licensed, not sold to you, for use only as permitted by the terms and conditions of this Agreement. Snap Appliance reserves any rights not expressly granted to you. The Licensed Software is composed of multiple, separately written and copyrighted modular software programs. Various Licensed Software programs (the "Public Software") are copyrighted and made available under the GNU General Public License or other licenses that permit copying, modification and redistribution of source code (which licenses are referred to as "Public Licenses"). The Public Software is licensed pursuant to (i) the terms of the applicable Public License located in the related software source code file(s), and/or in its on-line documentation; and (ii) to the extent allowable under the applicable Public License. The GPL and source code are available at oss.snapappliance.com. To receive a copy of the GNU General Public License, write to the Free Software Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA. Various Public Software programs are copyrighted by the Regents of the University of California and are derived from material licensed to the University of California by its contributors, to which the following disclaimer applies: THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. All other Licensed Software programs (the "Restricted Software") are copyrighted by Snap Appliance or its licensors and are licensed pursuant to all of the terms of this Agreement. Copying of the Licensed Software, unless specifically authorized in writing by Snap Appliance, is prohibited by law. You may not use, copy, modify, sell, lease, sublease, or otherwise transfer the Installation Utilities or Embedded Software, or any copy or modification, in whole or in part, except as expressly provided in this Agreement. PROVISIONS APPLICABLE TO RESTRICTED SOFTWARE ONLY (ARTICLES 2 - 7): 2 License. In consideration of the premises of this License Agreement, your payment of any applicable license fee for Restricted Software, and/or your purchase of a Snap Appliance Server that the Licensed Software accompanies, for the term of intellectual property protection inhering in the Licensed Software, Snap Appliance hereby grants to you a limited, personal, and non-exclusive license to install and execute ("Use") the Restricted Software solely under the terms and conditions of this Agreement and only on the Server in connection with which Snap Appliance originally provided such Restricted Software. You are given a non-exclusive license to use the Installation Utilities and Embedded Software in conjunction with a Server, make one copy of the Installation Utilities for archival and backup purposes only, and/or transfer your Server and copies of the Installation Utilities and the accompanying documentation to a third party provided that you provide Snap Appliance written notice of the transfer within 30 days after the transfer date and you do not retain any copy of the transferred software. Any such transferee's rights and obligations with respect to the transferred software and documentation are as set forth in this Agreement. 3 Reproduction of Proprietary Notices. You may not sublicense, distribute, rent, lease, lend, or otherwise convey the Restricted Software or any portion thereof to anyone, and under no circumstance may you use or allow the use of the Restricted Software in any manner other than as expressly set forth herein. Copies of the Installation Utilities must be labeled with the Snap Appliance copyright notice and other proprietary legends found on the original media. 4 Protection of Trade Secrets. The Licensed Software contains trade secrets, and in order to protect them, you agree that you will not reverse assemble, decompile or disassemble, or otherwise reverse engineer any portion of the Restricted Software, or permit others to do so, except as permitted by applicable law, but then only to the extent that Snap Appliance (and/or its licensors) is not legally entitled to exclude or limit such rights by contract. Except with respect to online documentation copied for backup or archival iv Snap Server Administrator Guide