Adaptec 5325301507 - Snap Server 4400 NAS, Administrator'S Manual

Page: 5 / 250

v
for backup or archival purposes, you may not copy any documentation pertaining to the Licensed Software. You agree that
your use and possession of the Licensed Software is permitted only in accordance with the terms and conditions of this
Agreement.
5 Ownership of Restricted Software. You agree and acknowledge that, (i) Overland Storage transfers no ownership interest in
the Restricted Software, in the intellectual property in any Restricted Software or in any Restricted Software copy, to you
under this Agreement or otherwise, (ii) Overland Storage and its licensors reserve all rights not expressly granted to you
hereunder, and (iii) the Restricted Software is protected by United States Copyright Law and international treaties relating to
protection of copyright, and other intellectual property protection laws of the U.S. and other countries.
6 Termination. If you fail to fulfill any of your material obligations under this Agreement, Overland Storage and/or its licensors
may pursue all available legal remedies to enforce this Agreement, and Overland Storage may, at any time after your default
of this Agreement, terminate this Agreement and all licenses and rights granted to you hereunder. You agree that any
Overland Storage suppliers referenced in the Restricted Software are third-party beneficiaries of this Agreement, and may
enforce this Agreement as it relates to their intellectual property. You further agree that, if Overland Storage terminates this
Agreement for your default, you will, within thirty (30) days after any such termination, deliver to Overland Storage or render
unusable all Restricted Software originally provided to you hereunder and any copies thereof embodied in any medium.
7 Government End Users. The Installation Utilities, Embedded Software, and accompanying documentation are deemed to be
“commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR
Section 227.7202, Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, and FAR Section 12.212, and
successor provisions thereof, as applicable. Any use modification, reproduction release, performance, display, or disclosure of
the Installation Utilities or Embedded Software and accompanying documentation by the U.S. Government shall be governed
solely by the terms of this Agreement and shall be prohibited except as expressly permitted by the terms of this Agreement.
PROVISIONS APPLICABLE TO RESTRICTED SOFTWARE AND, SUBJECT TO SECTION 1, TO PUBLIC SOFTWARE (ARTICLES
8 - 15):
8 Export Laws. Notwithstanding any provision of any Public License to the contrary, Overland Storage shall have no duty to
deliver or otherwise furnish source code of any Public Software if it cannot establish to its reasonable satisfaction that such
delivery or furnishing will not violate applicable US laws and regulations. You hereby assure that you will not export or re-
export any Licensed Software except in full compliance with all applicable laws, regulations, executive orders, and the like
pertaining to export and/or re-export, including without limitation USA versions of the same. No Licensed Software may be
exported or re-exported into (or to a national or resident of) any country to which the U.S. embargoes goods, or to anyone on
the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial
Orders. You agree to ascertain necessary licensing procedures and obtain required licenses before exporting or re-exporting
either. You also agree to indemnify Overland Storage and assume all financial responsibility for any losses it may suffer if you
do not comply with this paragraph.
9 Disclaimer of Warranties. THE INSTALLATION UTILITIES AND EMBEDDED SOFTWARE ARE LICENSED “AS IS”
WITHOUT WARRANTY OF ANY KIND. OVERLAND STORAGE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS
AND IMPLIED, RELATING TO THE INSTALLATION UTILITIES AND THE EMBEDDED SOFTWARE INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT.
10 Limitation of Liability. IN NO EVENT WILL OVERLAND STORAGE OR ITS LICENSORS’ LIABILITY UNDER THIS
AGREEMENT EXCEED THE PRICE THAT YOU PAID FOR THE INSTALLATION UTILITIES AND EMBEDDED
SOFTWARE. FURTHERMORE, IN NO EVENT WILL OVERLAND STORAGE OR ITS LICENSORS BE LIABLE FOR ANY
LOST PROFITS, LOST DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR UNDER THIS
AGREEMENT OR THE APPLICABLE PUBLIC LICENSE. The limitation of liability set forth in this paragraph will apply
whether or not Overland Storage or its licensor was advised of the possibility of the loss, liability, or damages and
notwithstanding any failure of essential purpose of any limited remedy. Since some states do not allow exclusions or
limitations of liability for consequential or incidental damages, this provision may not apply to you.
11 Waiver. No delay or failure of Overland Storage to exercise any right under this Agreement, nor any partial exercise thereof,
shall be deemed to constitute a waiver of any rights granted hereunder or at law.
12 Unlawful Provision(s). If any provision of the Agreement is held to be unenforceable for any reason, all other provisions of
this Agreement shall nevertheless be deemed valid and enforceable to the fullest extent possible.
13 Applicable Law. Except with respect to any Public Software program for which the applicable Public License contains
provisions expressly stating the applicable governing law (with respect to which the law so specified shall govern all aspects
of such agreement, including the provisions incorporated into such Public License hereunder), the terms of this Agreement
(including, to the extent allowable under the Public License, all software governed by a Public License which does not specify
a governing law) will be governed by the laws of the State of California, without reference to its choice of law rules, and the
United States, including U.S. Copyright laws.
14 Entire Agreement. This Agreement and all applicable Public Licenses supersede all proposals, negotiations, conversations,
discussions, all other agreements, oral or written, and all past course of dealing between you and Overland Storage relating to
the Licensed Software or the terms of its license to you, and may only be modified in writing signed by you and Overland
Storage.
15 Contractor/Manufacturer. Overland Storage, Inc. 4820 Overland Avenue, San Diego, CA 92123.