SANS DIGITAL END USER LICENSE AGREEMENT
This End User License Agreement (“Agreement”) is a legal agreement between Sans Digital. and you (“Licensee”)
the subject matter of which is SANS DIGITAL’s Network Attached Storage or Network Storage Solution prod-
ucts and any applicable updates or upgrades thereto (“Product”) and which may include associated media and
printed or electronic (retrievable via computer networks such as the Internet or otherwise) materials (“Docu-
mentation”) (collectively referred to herein as “Product”). By breaking any seal on the Product, installing, copying
or otherwise using the Product (“Licensee’s Acceptance”) Licensee agrees to be bound by the terms and condi-
tions of this Agreement. If Licensee does not agree to the terms and conditions of this Agreement, Licensee must
not install, copy or otherwise use the Product and shall promptly return the Product to the place of purchase for
a refund of the purchase price, if any.
1. Grant of License. Subject to the terms and conditions of this Agreement and Licensee’s acceptance thereof,
SANS DIGITAL hereby grants to Licensee and Licensee hereby accepts a personal, non-transferable, non-exclu-
sive license (which shall be revocable pursuant to the terms of this Agreement) to use the Product according to
its merchantable purpose and pursuant to the terms and conditions of this Agreement.
2. Network License. Licensee may provide access to the Product for its employees and other applicable users,
subject to each of such users understanding and complying with the terms and conditions of this Agreement.
Licensee may not, nor any of its employees nor other applicable users, make a copy of the operating system and
its related software applicable to the Product.
3. Limitations and Restrictions. Except as expressly permitted herein, Licensee may not: (i) copy, alter, adapt,
modify, translate, or create derivative works of the Product or any portion thereof; (ii) reverse engineer, decom-
pile, disassemble, or attempt to derive the source code of the Product or any portion thereof, unless and only to
the extent any of the foregoing is expressly permitted by applicable law and may not be restricted thereunder;
(iii) separate the Product into component parts for transfer to or use by a third party; (iv) rent, lease, loan, sell,
distribute, sublicense or lend the Product; (v) remove, alter or obscure any proprietary notices; or (vi) otherwise
use the Product.
4. Reservation of Rights. SANS DIGITAL does not grant and Licensee does not obtain any implied licenses under
this Agreement. SANS DIGITAL reserves all rights, title and interests of any kind that are not expressly granted
to Licensee in this Agreement.
5. Intellectual Property Rights. SANS DIGITAL retains title to and all ownership interests in all proprietary rights,
including without limitation copyrights, trademark rights, patent rights, trade secret rights, and any other intellec-
tual or industrial property rights throughout the world (“IPR”), with respect to the Product and all copies or por-
tions thereof, whether or not incorporated into or used in connection with any other products, including without
limitation software or documentation materials. Licensee acknowledges that the Product is licensed and not sold
under this Agreement, that nothing in this Agreement shall constitute or be construed to constitute a sale of the
Product or any portion or copy thereof and that no title to or ownership interest in any rights, including without
limitation IPR, with respect to the Product or any components thereof is transferred to Licensee.
6. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF
ANY KIND. SANS DIGITAL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER
EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), WITH RESPECT TO OR RELATING
TO THE PRODUCT OR THIS AGREEMENT. SANS DIGITAL EXPRESSLY DISCLAIMS ALL IMPLIED WARRAN-
TIES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF ACCURACY, MERCHANTABILITY, FIT-
NESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ALL WARRANTIES THAT MAY ARISE
FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SANS DIGITAL DOES
NOT WARRANT THAT THE PRODUCT WILL BE ERROR-FREE OR THAT OPERATION OF THE PRODUCT
WILL BE UNINTERRUPTED, AND HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF.
SANS DIGITAL MAKES NO WARRANTY THAT ALL ERRORS, FAILURES OR DEFECTS WILL BE CORRECTED.
THIS SECTION 6 SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
Some jurisdictions prohibit the exclusion of implied warranties or limitations on how long an implied warranty
may last, so the above limitations may not apply fully to Licensee. In this case Licensee’s sole and exclusive remedy
for a breach of warranty shall be, at SANS DIGITAL’s option and in its sole discretion, replacement or repair of the
Product or return thereof for a refund of the purchase price, if any. Such remedy shall be available to Licensee for
one (1) year commencing on the date of Licensee’s Acceptance and ending on the first anniversary thereof.
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7. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL SANS DIGITAL, ITS AFFILIATES OR SUPPLIERS BE
LIABLE TO LICENSEE, ITS AFFILIATES OR CUSTOMERS FOR ANY INCIDENTAL, CONSEQUENTIAL, INDI-
RECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES
FOR LOST PROFITS OR REVENUE, LOST BUSINESS OPPORTUNITIES, LOST OR INACCESSIBLE DATA OR
INFORMATION, UNAUTHORIZED ACCESS TO DATA OR INFORMATION OR OTHER PECUNIARY LOSS,
ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SUBJECT MATTER HEREOF OR THE AUTHOR-
IZED OR UNAUTHORIZED USE OF OR INABILITY TO USE THE PRODUCT, WHETHER LIABILITY IS AS-
SERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) OR
OTHERWISE AND IRRESPECTIVE OF WHETHER SANS DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY
OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT SHALL SANS DIGITAL’S AGGREGATE LIABILITY UNDER
THIS AGREEMENT OR ARISING OUT OF OR RELATED TO THE SUBJECT MATTER HEREOF EXCEED ONE
HUNDRED DOLLARS (US$100.00). Some jurisdictions do not allow the limitation of incidental or consequen-
tial damages so this limitation may not apply fully to Licensee, but such limitation shall apply to the maximum
extent permitted by applicable law. Licensee acknowledges that the pricing of the Product and other terms and
conditions of this Agreement reflect the allocation of risk set forth in this Agreement and that SANS DIGITAL
would not enter into this Agreement without these limitations on its liability.
8. Termination. This Agreement is effective until terminated. Without prejudice to any other rights or remedies
SANS DIGITAL may have at law or in equity, SANS DIGITAL may immediately terminate this Agreement if Licen-
see fails to comply with any term or condition of this Agreement. Upon termination of this Agreement, Licensee
shall immediately discontinue the use of the Product and at SANS DIGITAL’s option, return to SANS DIGITAL
and/or certify destruction of the Product and any related materials provided to Licensee by SANS DIGITAL,
and all full or partial copies thereof (whether in tangible or intangible form), in Licensee’s possession or control.
Licensee may also terminate this Agreement at any time by providing written notice to N23 and certifying de-
struction of the Product and all full or partial copies thereof (whether in tangible or intangible form) in Licensee’s
possession or control.
9. General. With Licensee’s Acceptance Licensee agrees to be bound by the terms and conditions set forth in this
Agreement and Licensee acknowledges that it has read and understands this Agreement. Licensee further agrees
that this Agreement is the complete and exclusive statement of the understanding between SANS DIGITAL and
Licensee which supersedes any proposal or prior agreement, oral or written, and any other communication be-
tween SANS DIGITAL and Licensee relating to the subject matter of this Agreement. This Agreement may not be
modified except in a writing duly signed by an authorized representative of SANS DIGITAL and Licensee. If any
provision of this Agreement is held to be unenforceable for any reason, the remaining provisions hereof shall be
unaffected and shall remain in full force and effect. This Agreement shall be governed by and construed in accord-
ance with the laws of the United States and the State of California as such laws are applied to contracts between
California residents entered into and to be performed entirely within California. The United Nations Convention
on Contracts for the International Sale of Goods shall not apply to this Agreement. Licensee hereby submits to
the sole and exclusive jurisdiction of, and waives any venue objections against, the United States District Court
for Northern California and the Superior Court of the State of California for the County of Santa Clara and
the Santa Clara Municipal Court in regard to all disputes and litigation arising under or relating to this Agree-
ment. Licensee’s rights and obligations under this Agreement shall not be assignable, delegable, sub-licensable or
otherwise transferable, whether voluntarily, by operation of law or otherwise, without SANS DIGITAL’s prior
written approval except as provided herein. SANS DIGITAL may freely assign this Agreement and/or its rights
and obligations hereunder. Should you have any questions concerning this Agreement, or if you desire to contact
SANS DIGITAL for any reason, please visit: www.sansdigital.com
10. U.S. Government Restricted Rights. If Licensee is an agency or instrumentality of the United States Govern-
ment, the software and documentation associated with the Product are “commercial computer software” and
“commercial computer software documentation”, and pursuant to FAR 12.212 or DFARS 227.7202, and their
successors, as applicable, use, reproduction and disclosure of the Product and its associated software and docu-
mentation are governed by the terms of this Agreement.
11. Export Law Assurances. Licensee will not use or otherwise export or re-export the Product except as
authorized by United States laws and regulations, including without limitation those of the U.S. Department of
Commerce, and, as applicable, the laws and regulations of other jurisdictions.
Copyright © 2009 - 2010 Sans Digital. ALL RIGHTS RESERVED.
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