Adaptec APA-1350, User Manual

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19
Contacting Adaptec
Adaptec Software License Agreement
In return for acquiring a license to use the software (“Software”) and 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 incorporates an Adaptec SCSI
Card, or in the case of a multi-user or networked system which permits access to
the Software by more than one user at the same time, at a single working location.
b
make one copy of the Software in machine readable form solely for back-up pur-
poses provided you reproduce Adaptec’s copyright notice and any proprietary
legends.
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 use
the Software from multiple locations of a multi-user or networked system at any one
time. 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
fixed, but Adaptec retains 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 to 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, 2042, 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 your 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
Limited Warranty: Adaptec warrants 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
DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU
MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGO-
ING STATES THE SOLE AND EXCLUSIVE REMEDIES ADAPTEC WILL PROVIDE
FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WAR-
RANTY, ADAPTEC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO
NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHENTABILITY OR FIT-
NESS 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.
7
Limitation of Liability: IN NO EVENT WILL ADAPTEC BE LIABLE TO YOU FOR
ANY SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR
OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADAPTEC
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.
8
Limitation of Remedies: Adaptec’s entire liability and your exclusive remedy shall be: