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Notes
Data Backup
To protect data stored in this d evice (including b asic software a nd application sof tware), perfor m backup and oth er necessar y operations. Not e that data prot ection is
not guaranteed when re pairs are per formed. It is the cu stomer's respo nsibility to mai ntain backu p copies in advance .
In case of data loss, Fujitsu ass umes no liabilit y for data maint enance or resto ration and dama ges that occur a s a result of the data l oss for any reason, exc ept for items
covered under warrant y.
High Safety
The Products are design ed, developed and ma nufacture d as contemplated o r general use, in cluding without l imitation, gen eral ofce use, pe rsonal use, hous ehold use,
and ordinary indust rial use, but ar e not designed, devel oped and manufa ctured as cont emplated for use ac companying fat al risks or dan gers that, unl ess extremely hig h
safety is secured, coul d lead directly t o death, person al injury, severe phys ical damage, or oth er loss (herein after "High Saf ety Required Us e"), including wit hout limi-
tation, nuclear reaction c ontrol in nuclear f acility, aircr aft ight contro l, air trafc c ontrol, mass tr ansport cont rol, medical life s upport syste m, missile launc h control
in weapon system. You shall not use th is Product witho ut securing t he sufcient safet y required for t he High Safety Req uired Use. If you wish t o use this Produ ct for
High Safety Required Use, ple ase consult wit h our sales repre sentatives in ch arge before such use .
Problems may occur with th is device in the event of a n instanta neous voltage drop of t he power supply due to lig htning, etc. To prevent a n instanta neous voltage drop
of the power supply, we recommend tha t you use an uninte rruptible powe r supply system.
Software License Agreeme nt
Please read the following ter ms and conditio ns before you use the sof tware preins talled in the se rver you purchas ed or the softwar e attached to th e server (herei nafter
collectively "Software") . By using the Softw are, you are agre eing to be bound by al l of the following ter ms and condition s. Notwithst anding the foregoi ng, if any soft-
ware subject to any other ter ms and conditio ns than those of th is agreement is p reinstalled i n or attached to t he server as a par t of Software, you sh all comply with suc h
other terms and condit ions.
I. License and Copyrights
Fujitsu Limited (hereina fter "Fujitsu") gr ants you a limite d, non-exclusive, lic ense to:
(i) use the Software solely on the s erver, which the Sof tware is prein stalled in or is at tached to.;
(ii) copy the Software for ins tallation and b ackup purpo se; and
(iii) embed the Software to o ther softwar e, in whole or in part , in accordanc e with the proced ure describ ed in the applicable d ocumentation .
For the avoidance of doubt, you are only g ranted the rig ht to use this Soft ware and all cop yright, title a nd other ownersh ip rights to thi s Software and a ny derivative
works thereof is retained by F UJITSU and/or i ts suppliers.
II. Copies
1. You may only copy the Software as set for th in Clause I (ii) and (i ii) above. If you embed th e Software in an other softwar e pursuant to Cl ause I (iii), you may not
make copies of such software a s so embedded othe r than one (1) backup copy u nless expressly ot herwise lice nsed by Fujitsu. If, howeve r, a copy protection me chanism
is implemented in the Soft ware, you cannot a nd are prohibited f rom making any c opies of the Softwa re.
2. You shall include all copyright no tices and propr ietary legend s on all copies of the Sof tware and shal l not modify, delete or c onceal such notice s and legends.
3. All terms and condition s contained her ein shall apply to t he copies of the Soft ware.
III. Assignment
You may not assign the Software, excep t the case where you as sign the Softwa re with all mater ials related to t he Software, in cluding the media of t he Software at tached
to the server, the document ation, and the ba ckup copy, together w ith the server. Not withstandi ng the foregoing, you may n ot rent, lease, subl icense, creat e lien against
the Software.
IV. Modication
You may not modify or, except to the extent ex pressly permi tted by applicable l aw, reverse engineer (i ncluding, witho ut limitation , decompile and dis assemble) the
Software, and you may not per mit any third pa rty to do so.
V. Limited Warranty
1. You acknowledge that Fujitsu cannot gu arantee tha t your use of the Soft ware will be un interrupt ed, that the Soft ware will be er ror free or tha t all Software e rrors
will be corrected. However, (i) w ithin ninet y (90) days following you r acquisition of th e server you notif y the reseller fr om whom you have acquir ed the server of non-
conformance of the Softw are to the descr iption in the docu mentation, or (i i) within one (1) month followi ng your acquisit ion of the server you not ify the reselle r from
which you have acquired the ser ver of physical defect s of the media contai ning the Soft ware, Fujitsu will , at its sole discret ion, correct t he non-conform ance or provide
you with information nece ssary to cor rect the non-co nformance, or r eplace the defect ive media with new med ia. Only if you info rm such reselle r of your problem with
the Software during t he above mentioned wa rranty per iod and provide sat isfactory evid ence of the date you ac quired the ser ver Fujitsu will be obl igated to honor th is
warranty.
2. Except for Clause V Section 1, Fujitsu d isclaims all ot her warrant y, express or implied , and expressly discl aims any implie d, including wit hout limitati on, allwar-
ranty of merchantabilit y, tness for a part icular purp ose or non-infr ingement of thi rd parties' r ights. In no event wil l Fujitsu be liable for any d irect, indi rect, inciden tal
or consequential damag es (including, but no t limited to, loss of p rots, interr uption of busine ss, loss of business i nformation , and other pecu niary damag es) resulting
from or arising out of the use o r inability to us e the Software eve n if Fujitsu has been a dvised of the possi bility of such dam ages.
3. Even if a part of the Software ha s been developed by a th ird party, the wa rranty and r emedy for such par t of the Software a re limited to t hose provided for in Cl ause
V Section1 and 2 above, and such thi rd party sha ll have no liability fo r any claim arisi ng out of the use, perfo rmance or non- conformance of t he Software.
VI . Law
This Agreement and all m atters aris ing out of or relating t o this Agreeme nt will be governed b y the laws of Japan withou t giving effect to a ny choice of law rule.
VII. High Safety
These Software are desig ned, developed a nd manufactu red as contemplat ed for general use , including witho ut limitation , general ofce us e, personal use, h ousehold
use, and ordinary ind ustrial use, b ut are not designed , developed and manu factured a s contemplated for u se accompanyi ng fatal risks or d angers that, u nless extremel y
high safety is secured , could lead dire ctly to death, per sonal injury, seve re physical damage , or other loss (her einafter "Hig h Safety Requi red Use"), includin g without
limitation, nuclear rea ction control in n uclear facilit y, aircraft ight c ontrol, air tr afc control, ma ss transpor t control, medic al life suppor t system, missile l aunch con-
trol in weapon system. You shall not us e this Softwar e without secur ing the sufcie nt safety requi red for the High Safe ty Required Use.
VII Export
You shall comply fully with all releva nt export laws and r egulations wi th respect to th is Software, in cluding, but not li mited to, the expor t laws and regula tions of Ja-
pan. Without limiting th e generality of th e foregoing, You will not expor t or transfer t his Software, o r any product ther eof (including any you r application prog ram), to
any destinations prohi bited by any such laws and r egulations.
IV. Entire Agreement
The terms and condition s hereof represe nt the complete ag reement concer ning this lice nse between th e parties and s upersede all pr ior or contempor aneous writ ten
communications betwe en them. In the eve nt that any additi onal terms or con ditions are prov ided in the accomp anied docume ntation, you must al so comply with such
terms and conditions.
Fujitsu Limited
Microsoft, Windows, Windows Se rver are regist ered tradema rks of the Microsoft C orporation in t he USA and other count ries.
Adobe, Adobe Acrobat, Acrobat Read er are registere d trademark s of Adobe Systems Incor porated.
Endurance, Marathon A ssured Availabilit y, SplitSite, Marathon FTvir tual Server, an d the Marathon logo ar e either register ed trademark s or trademark s of
Marathon Technologies Corpo ration in the Unite d States and/or ot her countries.
Other product names use d are trademar ks or registered t rademarks of t heir respective m anufacture rs.
Other products are copy rights of their res pective manufac turers.
All Rights Reserved, Co pyright© FUJI TSU LIMITED 2005
Screen shot(s) reprinted w ith permission f rom Microsoft Cor poration.