Quantum SNC 4000, Руководство пользователя

Страница: 158 / 164

152 Warranty and EULA
Buyer’s or its customers’ specifications or requests, the use of the Products to practice a process or in
conjunction with items not supplied by ADIC, and Buyer will similarly indemnify ADIC with respect to any
such claims. THE FOREGOING STATES ADIC’S SOLE RESPONSIBILITY, AND BUYER’S SOLE
REMEDY, FOR ANY INFRINGEMENTS OF ANY PROPRIETARY RIGHTS.
5 ADIC DOES NOT WARRANT THAT THE PRODUCTS WILL MEET ALL END-USER
REQUIREMENTS OR THAT OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR
TROUBLE FREE. THE WARRANTIES SET FORTH ABOVE ARE THE ONLY WARRANTIES MADE
BY ADIC. ADIC EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER REMEDIES, EXPRESS OR
IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE INCLUDING PARTICULAR
PURPOSE OR THOSE ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR
TRADE USAGE.
6 BUYER ACKNOWLEDGES THAT ADIC HAS NOT MADE, AND BUYER IS NOT RELYING UPON,
ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS TO BUYER REGARDING
THE VALUE OF THIS AGREEMENT.
ADIC End User License Agreement
This License defines the terms and conditions of the license between Advanced Digital Information
Corporation (ADIC) and Licensee for use of ADIC's software and related documentation. Any software or
related materials provided to Licensee by ADIC will be subject to the terms and conditions of this License
and by opening the accompanying package and/or by using the products, Licensee signifies its agreement
with this license.
Software License
License . In consideration of Licensee's payment of the License fees and subject to the terms of this License,
ADIC grants to Licensee a personal, non-exclusive, non-transferable license to use the Software (Software
is defined as the current version of the software products accompanying this license agreement in object
code form only). A separate license is required for use of each Software program on each of Licensee’s
computers. The Software will be installed initially on Licensee's Designated Computer. Licensee may
thereafter transfer the Software to another one of its computers of the same machine architecture, provided
that the Software is installed on one (1) Designated Computer at a time.
Use . Licensee is authorized hereby to use the Software on one computer only (Designated Computer), or
on backup equipment if the Designated Computer is inoperative until such time as the Designated Computer
is restored to operation. This grant is specifically limited to use by the Licensee for normal, customary
internal data processing, and specifically excludes Licensee's time-sharing or the rental of the Software or
use of the Software in the development or marketing of a competitive or compatible product. No right to use,
print, copy or display the Software or Documentation, in whole or in part, is granted hereby except as
expressly provided in this License.
Copying . Licensee may make one (1) copy of the Software in a non-printed, machine-readable form for
archival and back-up purposes only. In order to protect ADIC's trade secret and copyrights in the Software,
Licensee agrees to reproduce and incorporate ADIC’s trade secret or copyright notice in any copy or partial
copy, and will maintain appropriate records of the location of such copy.
US Government Rights . If the Licensee is the United States government, Licensee understands and
agrees that ADIC Software and documentation are provided as “Commercial Items” as defined at 48 CFR
2.101 and are being licensed to U.S. Government end users consistent with 48 CFR 12.212.
Software Ownership and Protection
Title to Software . The Software and all copies thereof are proprietary to ADIC and title thereto remains in
ADIC. All applicable rights to patents, copyrights, trademarks, trade secrets or other proprietary rights in the
Software and any modifications made at Licensee's request are and will remain in ADIC.