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SECTION 7 SOFTWARE LICENSE AGREEMENT
CASTLEWOOD END USER LICENSE AGREEMENT
NOTICE TO END USER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (THE
“AGREEMENT”). USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT CONSTITUTES
YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, PROMPTLY RETURN THE SOFTWARE AND THE ACCOMPANYING ITEMS (INCLUD-
ING WRITTEN MATERIALS AND CONTAINERS) TO THE LOCATION WHERE YOU OBTAINED
THEM FOR A FULL REFUND.
License Grant.
Castlewood Systems, Inc. (“Castlewood”) grants to You (either as an individual
or entity) a personal, and non-exclusive right to use the copy of the object code version of the soft-
ware embedded in, or bundled with, the ORB Disks and ORB Drives provided with this license
(the “Software”) [solely as installed in the Product]. The ORB Drives and the ORB Disks shall be
collectively and individually referred to as the “Product”. The term of this Agreement will be for
the duration of Castlewood’s copyright in the Software. You agree that You may not copy any writ-
ten materials accompanying the Products and/or the Software. You may make one (1) copy of the
Software, in object code form, solely for back-up or archival purposes. You may not rent or lease
your rights in the Software in any form. Notwithstanding the previous sentence, You may assign
Your rights under this Agreement only to a third party who previously agrees in writing to be
bound by this Agreement and provided that You transfer all copies of the Products, Software, and
related documentation to the third party or destroy any copies not transferred. Except as set
forth above, You may not assign Your rights under this Agreement.
Copyright.
You acknowledge that no title to the intellectual property in the Software is trans-
ferred to You. You further acknowledge that title and full ownership rights to the Products and
the Software will remain the exclusive property of Castlewood or its suppliers, and You will not
acquire any rights to the Software except as expressly set forth above. You acknowledge and agree
that certain components of the Software may be licensed by Castlewood from third party suppliers
and that such suppliers are intended third party beneficiaries of this Agreement.
Reverse Engineering.
You agree that You will not attempt, nor permit anyone else to attempt
to, reverse compile, modify, translate, or disassemble the Software in whole or in part. Nothing in
this Section shall prejudice any rights that You may have under the Copyright (Computer
Programs) Regulations 1992, as applicable. If this provision shall violate local law, then You shall
notify Castlewood in writing ninety (90) days prior to any proposed action in contravention of this
provision. Such written notice shall provide the parties an opportunity to discuss the scope of any
necessary reverse engineering that would be required to be permitted under local law.
Termination.
The unauthorized copying of the Software or the accompanying documentation,
or any other failure to comply with the above license terms and restrictions will result in the auto-
matic termination of this Agreement. You may terminate this Agreement at any time upon written
notice to Castlewood. Upon termination of this Agreement, You agree to promptly destroy all
copies of the Software and all accompanying documentation, or to promptly return such items to
Castlewood.
Warranty.
Castlewood Systems, Inc. (“Castlewood”) warrants the ORB Drives (the “Drives”)
solely to the purchaser (“Purchaser”) against defects in workmanship and materials for a period
of one (1) year from the date of purchase. Castlewood warrants the ORB disks (the “Disks”) sole-
ly to the Purchase against defects in workmanship and materials a period of one (1) year from the
date of purchase (each a “Warranty Period”). The Drives and the Disks shall be collectively and
individually referred to as “Product”. All warranty claims must be requested of Castlewood prior
to the expiration of the applicable Warranty Period. Purchaser may not transfer this warranty.
Purchaser’s sole remedy, and Castlewood’s sole liability for a covered warranty defect shall be for
Castlewood, at its sole discretion, to either repair or replace the defective Product at no charge,
SOF
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