Adaptec FS4500 User Guide - Page 6

Adaptec 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 ("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 or on multiple workstations, systems and servers which incorporate an Adaptec hardware product and may be accessed by multiple users from multiple locations. You may make as many installations of the Software as needed, but must restrict such installation only to systems, workstations or servers using an Adaptec hardware product. b. Make one copy of the Software in machine readable form solely for back-up purposes provided you reproduce Adaptec's copyright notice and any proprietary legends. 2. Open Source Software. Portions of the Software ("Open Source Software") provided to you may be subject to a license that permits you to modify these portions and redistribute the modifications (an "Open Source License"). By providing Open Source Software, Adaptec does not grant you a license to modify these portions to the extent that it would require any proprietary Adaptec Software to be distributed to third parties. Any such modification and third party distribution shall subject you to immediate termination of your rights to use the Software and you agree to indemnify, defend and hold harmless Adaptec from any claims arising from such modification and distribution. More details regarding the Open Source Software are available in the README files. Some of the Open Source Software may be subject to the GNU General Public license v.2, a copy of which is available at www.fsf.org or if the link is broken, by contacting the Free Software Foundation, 59 Temple Place Suite 330, Boston, MA 02111-1307 USA. 3. Restrictions. You may not distribute copies of the Software to others. 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 humanperceivable 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. 4. 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. 5. 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. 6. 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. 7. 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. v