Adaptec 5405Z User Guide - Page 4

Software License Agreement, BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES - performance

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●4 Software License Agreement PLEASE READ CAREFULLY: THE USE OF THIS SOFTWARE IS SUBJECT TO THE SOFTWARE LICENSE TERMS OF ADAPTEC, INC. AND OTHER LICENSORS WHOSE SOFTWARE MAY BE BUNDLED WITH THIS PRODUCT. BY YOUR USE OF THE SOFTWARE INCLUDED WITH THIS PRODUCT YOU AGREE TO THE LICENSE TERMS REQUIRED BY THE LICENSOR OF THAT SOFTWARE, AS SET FORTH DURING THE INSTALLATION PROCESS. IF YOU DO NOT AGREE TO THE LICENSE TERMS APPLICABLE TO THE SOFTWARE, YOU MAY RETURN THE ENTIRE UNUSED PRODUCT FOR A FULL REFUND. In return for acquiring a license to use the Adaptec software, which may include software from third party licensors and patches made available by Adaptec ("Software"), and the related documentation, you agree to the following terms and conditions: 1. License. This Agreement grants you, the Licensee, a license to: a. Use the Software on a single computer system, which is not intended for use by more than five (5) users; and: b. Make one copy of the Software in machine readable form solely for back-up purposes, provided you reproduce Adaptec's copyright proprietary legends. Notwithstanding the foregoing, the Software may be used on the home, laptop or other secondary computer of the principal user of the Software, and an additional copy of the Software may be made to support such use. As used in this license, the Software is "in use" when it is either loaded into RAM or installed on a hard disk or other permanent memory device. The Software may be "in use" on only one computer at any given time. (Different license terms and fees are applicable for networked or multiple user applications.) As a specific condition of this license, you agree to use the Software in compliance with all applicable laws, including copyright laws, and that you will not copy, transmit, perform or distribute any audio or other content using the Software without obtaining all necessary licenses or permissions from the owner of the content. 2. Restrictions. You may not distribute copies of the Software to others or electronically transfer the Software from one computer to another over a network. You may not post or otherwise make available the Software, or any portion thereof, in any form, on the Internet. You may not use the Software in a computer service business, including in time sharing applications. The Software contains trade secrets and, in order to protect them, you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF. 3. Ownership of Software. As Licensee, you own the media upon which the software is recorded or fixed, but Adaptec and its licensors retain title and ownership of the Software recorded on the original media and all subsequent copies of the Software, regardless of the form or media in which or on which the original and other copies may exist. This license is not a sale of the Software or any copy. 4. Confidentiality. You agree to maintain the Software in confidence and that you will not disclose the Software to any third party without the express written consent of Adaptec. You further agree to take all reasonable precautions to preclude access of unauthorized persons to the Software. 5. Term. This license is effective until January 1, 2045, unless terminated earlier. You may terminate the license at any time by destroying the Software (including the related documentation) together with all copies or modifications in any form. Adaptec will have the right to terminate our license immediately if you fail to comply with any term or condition of this Agreement. Upon any termination, including termination by you, you must destroy the Software (including the related documentation), together with all copies or modifications in any form. 6. Special Terms Applicable to Databases. Where a database is included with the Software, you acknowledge that it is licensed only in connection with the use of the Software to perform disc creation, and that the database and all data derived therefrom must be maintained in confidence in accordance with the provisions of Section 4. This license does not grant you any rights to distribute or disclose such database or data. 7. Limited Warranty. Adaptec and its Licensor warrant only that the media upon which the Software is furnished will be free from defects in material or workmanship under normal use and service for a period of thirty (30) days from the date of delivery to you. ADAPTEC AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES ADAPTEC AND ITS LICENSORS WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ADAPTEC AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. 8. The entire liability of Adaptec and its licensors, and your exclusive remedy for a breach of this warranty, shall be: a. The replacement of any media not meeting the above limited warranty which is returned to Adaptec; or: b. if Adaptec or its distributor is unable to deliver replacement media which is free from defects in materials or workmanship, you may terminate this Agreement by returning the Software and your money will be refunded. 9. Limitation of Liability. IN NO EVENT WILL ADAPTEC OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF ADAPTEC OR A LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above limitation or exclusion may not apply to you. 10. Export. You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Software. You agree that you will not export or re-export the Software or documentation in any form in violation of applicable United States and foreign law. 11. Government Restricted Rights. The Software is subject to restricted rights as follows. If the Software is acquired under the terms of a GSA contract: use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract. If the Software is acquired under the terms of a DoD or civilian agency contract, use, duplication or disclosure by the Government is subject to the restrictions of this Agreement in accordance with 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors and 49 C.F.R. 227.7202-1 of the DoD FAR Supplement and its successors. 12. General. You acknowledge that you have read this Agreement, understand it, and that by using the Software you agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Adaptec and you, and supersedes any proposal or prior agreement, oral or written, and any other communication between Adaptec and you relating to the subject matter of this Agreement. No additional or any different terms will be enforceable against Adaptec unless Adaptec gives its express consent, including an express waiver of the terms of this Agreement, in writing signed by an officer of Adaptec. You assume full responsibility for the use of the Software and agree to use the Software legally and responsibly. This Agreement shall be governed by California law, except as to copyright matters, which are covered by Federal law. This Agreement is deemed entered into at Milpitas, California by both parties. Should any provision of this Agreement be declared unenforceable in any jurisdiction, then such provision shall be deemed severable from this Agreement and shall not affect the remainder hereof. All rights in the Software not specifically granted in this Agreement are reserved by Adaptec. Should you have any questions concerning this Agreement, you may contact Adaptec by writing to: Adaptec, Inc. Legal Department 691 South Milpitas Boulevard Milpitas, California 95035

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●
4
Software License Agreement
PLEASE READ CAREFULLY: THE USE OF THIS SOFTWARE IS SUBJECT TO THE SOFTWARE LICENSE TERMS OF ADAPTEC, INC. AND OTHER
LICENSORS WHOSE SOFTWARE MAY BE BUNDLED WITH THIS PRODUCT.
BY YOUR USE OF THE SOFTWARE INCLUDED WITH THIS PRODUCT YOU AGREE TO THE LICENSE TERMS REQUIRED BY THE LICENSOR OF
THAT SOFTWARE, AS SET FORTH DURING THE INSTALLATION PROCESS. IF YOU DO NOT AGREE TO THE LICENSE TERMS APPLICABLE
TO THE SOFTWARE, YOU MAY RETURN THE ENTIRE UNUSED PRODUCT FOR A FULL REFUND.
In return for acquiring a license to use the Adaptec software, which may include software from third party licensors and patches made available by
Adaptec (“Software”), and the related documentation, you agree to the following terms and conditions:
1.
License. This Agreement grants you, the Licensee, a license to:
a.
Use the Software on a single computer system, which is not intended for use by more than five (5) users; and:
b.
Make one copy of the Software in machine readable form solely for back-up purposes, provided you reproduce Adaptec's copyright proprietary
legends. Notwithstanding the foregoing, the Software may be used on the home, laptop or other secondary computer of the principal user of the
Software, and an additional copy of the Software may be made to support such use. As used in this license, the Software is “in use” when it is
either loaded into RAM or installed on a hard disk or other permanent memory device. The Software may be “in use” on only one computer at
any given time. (Different license terms and fees are applicable for networked or multiple user applications.) As a specific condition of this
license, you agree to use the Software in compliance with all applicable laws, including copyright laws, and that you will not copy, transmit,
perform or distribute any audio or other content using the Software without obtaining all necessary licenses or permissions from the owner of
the content.
2.
Restrictions. You may not distribute copies of the Software to others or electronically transfer the Software from one computer to another over a
network. You may not post or otherwise make available the Software, or any portion thereof, in any form, on the Internet. You may not use the
Software in a computer service business, including in time sharing applications. The Software contains trade secrets and, in order to protect them,
you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. YOU MAY NOT MODIFY,
ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE WORKS BASED
UPON THE SOFTWARE OR ANY PART THEREOF.
3.
Ownership of Software. As Licensee, you own the media upon which the software is recorded or fixed, but Adaptec and its licensors retain title and
ownership of the Software recorded on the original media and all subsequent copies of the Software, regardless of the form or media in which or on
which the original and other copies may exist. This license is not a sale of the Software or any copy.
4.
Confidentiality. You agree to maintain the Software in confidence and that you will not disclose the Software to any third party without the express
written consent of Adaptec. You further agree to take all reasonable precautions to preclude access of unauthorized persons to the Software.
5.
Term. This license is effective until January 1, 2045, unless terminated earlier. You may terminate the license at any time by destroying the Software
(including the related documentation) together with all copies or modifications in any form. Adaptec will have the right to terminate our license
immediately if you fail to comply with any term or condition of this Agreement. Upon any termination, including termination by you, you must
destroy the Software (including the related documentation), together with all copies or modifications in any form.
6.
Special Terms Applicable to Databases. Where a database is included with the Software, you acknowledge that it is licensed only in connection with
the use of the Software to perform disc creation, and that the database and all data derived therefrom must be maintained in confidence in
accordance with the provisions of Section 4. This license does not grant you any rights to distribute or disclose such database or data.
7.
Limited Warranty. Adaptec and its Licensor warrant only that the media upon which the Software is furnished will be free from defects in material
or workmanship under normal use and service for a period of thirty (30) days from the date of delivery to you. ADAPTEC AND ITS LICENSORS
DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR
DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES ADAPTEC AND ITS LICENSORS WILL PROVIDE
FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ADAPTEC AND ITS LICENSORS MAKE NO
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations
on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights and you may
also have other rights which vary from state to state.
8.
The entire liability of Adaptec and its licensors, and your exclusive remedy for a breach of this warranty, shall be:
a.
The replacement of any media not meeting the above limited warranty which is returned to Adaptec; or:
b.
if Adaptec or its distributor is unable to deliver replacement media which is free from defects in materials or workmanship, you may terminate
this Agreement by returning the Software and your money will be refunded.
9.
Limitation of Liability. IN NO EVENT WILL ADAPTEC OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL
OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF ADAPTEC OR A LICENSOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the
exclusion or limitation of special, incidental, or consequential damages, so the above limitation or exclusion may not apply to you.
10.
Export. You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the
Software. You agree that you will not export or re-export the Software or documentation in any form in violation of applicable United States and
foreign law.
11.
Government Restricted Rights. The Software is subject to restricted rights as follows. If the Software is acquired under the terms of a GSA contract:
use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract. If the Software is acquired under the
terms of a DoD or civilian agency contract, use, duplication or disclosure by the Government is subject to the restrictions of this Agreement in
accordance with 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors and 49 C.F.R. 227.7202-1 of the DoD FAR Supplement and
its successors.
12.
General. You acknowledge that you have read this Agreement, understand it, and that by using the Software you agree to be bound by its terms and
conditions. You further agree that it is the complete and exclusive statement of the agreement between Adaptec and you, and supersedes any
proposal or prior agreement, oral or written, and any other communication between Adaptec and you relating to the subject matter of this
Agreement. No additional or any different terms will be enforceable against Adaptec unless Adaptec gives its express consent, including an express
waiver of the terms of this Agreement, in writing signed by an officer of Adaptec. You assume full responsibility for the use of the Software and
agree to use the Software legally and responsibly. This Agreement shall be governed by California law, except as to copyright matters, which are
covered by Federal law. This Agreement is deemed entered into at Milpitas, California by both parties. Should any provision of this Agreement be
declared unenforceable in any jurisdiction, then such provision shall be deemed severable from this Agreement
and shall not affect the remainder
hereof. All rights in the Software not specifically granted in this Agreement are reserved by Adaptec.
Should you have any questions concerning this Agreement, you may contact Adaptec by writing to:
Adaptec, Inc.
Legal Department
691 South Milpitas Boulevard
Milpitas, California 95035