Advanced Digital Information Corporation Software Licenses Agreement

This Software License is entered into and effective as of this _____, day of_____________ 2006 ("Effective

Date"), by and between:

and

Advanced Digital

Company: _______________________

Information Corporation

Located at: _______________________

PO Box 97057

_______________________

Redmond, WA 98073-9757

_______________________

(Referred to as “ADIC")

(Referred to as “Licensee")

 

 

This License sets forth the terms and conditions under which ADIC agrees to grant and Licensee agrees to accept a license to use certain of ADIC's proprietary software and related documentation. Any software programs or related materials provided to Licensee by ADIC will be subject to the terms and conditions of this License. Definitions

Designated Computer(s)” means that computer equipment, identified to ADIC in Exhibit A by serial number, upon which the Software is installed.

Documentation” means ADIC provided materials related to the Software, including, but not limited to operator and user manuals, training materials, guides, listings, specifications, or other written documentation.

"Release" means a modification to the Software that does not change ADIC's base version number, but may add functionality. New Releases are provided to the Licensee at no charge when Licensee maintains a current Software Maintenance Agreement with ADIC.

Software” means only the current version of those software products specified in Exhibit A hereto, in object code form only, and the Documentation provided by ADIC in connection therewith or any portions thereof, and any subsequent Releases.

"Upgrade" means a modification to the Software that adds significant features and/or functionality and causes a change in ADIC's base version number. Upgrades may have a new initial License fee or upgrade charge associated with it.

Software License

a.License. In consideration of Licensee's full payment of the License fees and subject to the terms and conditions of this License, ADIC hereby grants to Licensee a personal, non-exclusive, non-transferable license to use and copy the Software. A separate license is required for use of each Software program on each Designated Computer.

b.Use. Licensee is authorized hereby to use the Software on the Designated Computer(s) only, or on backup equipment if the Designated Computer is inoperative until such time as the Designated Computer is restored to operation and processing on the back-up equipment is completed. 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.

c.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 Licensee's trade secret or copyright notice in any copy or partial copy, and will maintain appropriate records of the location of such copy.

StorNext File System and Storage Manager Installation Guide

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ADIC 2.8 manual Software License