NOTICE
INTERNAL CODE LICENSE
PLEASE READ THIS NOTICE CAREFULLY BEFORE INSTALLING AND OPERATING THIS EQUIPMENT. THIS NOTICE IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY), THE END USER, AND STORAGE TECHNOLOGY CORPORATION (“STORAGETEK”), THE MANUFACTURER OF THE EQUIPMENT. BY OPENING THE PACKAGE AND ACCEPTING AND USING ANY UNIT OF EQUIPMENT DESCRIBED IN THIS DOCUMENT, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT OPEN THE PACKAGE AND USE THE EQUIPMENT. IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR COMPANY, DO NOT OPEN THE PACKAGE AND USE THE EQUIPMENT. IF YOU HAVE ANY QUESTIONS, CONTACT THE AUTHORIZED STORAGETEK DISTRIBUTOR OR RESELLER FROM WHOM YOU ACQUIRED THIS EQUIPMENT. IF THE EQUIPMENT WAS OBTAINED BY YOU DIRECTLY FROM STORAGETEK, CONTACT YOUR STORAGETEK REPRESENTATIVE.
1.Definitions: The following terms are defined as followed:
a.“Derivative works” are defined as works based upon one or more preexisting works, such as a translation or a musical arrangement, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revision, annotations, elaboration, or other modifications which, as a whole, represent an original work of authorship, is a Derivative work.
b.“Internal Code” is Microcode that (i) is an integral part of Equipment, (ii) is required by such Equipment to perform its data storage and retrieval functions, and (iii) executes below the user interface of such Equipment. Internal code does not include other Microcode or software, including data files, which may reside or execute in or be used by or in connection with such Equipment, including, without limitation, Maintenance Code.
c.“Maintenance Code” is defined as Microcode and other software, including data files, which may reside or execute in or be used by or in connection with Equipment, and which detects, records, displays, and/or analyzes malfunctions in the Equipment.
d.“Microcode” is defined as a set of instructions (software) that is either imbedded into or is to be loaded into the Equipment and executes below the external user interface of such Equipment. Microcode includes both Internal Code and Maintenance Code, and may be in magnetic or other storage media, integrated circuitry, or other media.
5.The Equipment you have acquired by purchase or lease is manufactured by or for StorageTek and contains Microcode. By accepting and operating this Equipment, you acknowledge that StorageTek or its licensor(s) retain(s) ownership of all Microcode, as well as all copies thereof, that may execute in or be used in the operation or servicing of the Equipment and that such Microcode is copyrighted by StorageTek or its licensor(s).
6.StorageTek hereby grants you, the end user of the Equipment, a personal, nontransferable (except as permitted in the transfer terms in paragraph 7 below), nonexclusive license to use each copy of the Internal Code (or any replacement provided by StorageTek or your authorized StorageTek distributor or reseller) which license authorizes you, the end user, to execute the Internal Code solely to enable the specific unit of Equipment for which the copy of Internal Code is provided to perform its data storage and retrieval functions in accordance with StorageTek’s (or its licensor’s) official published specifications.
7.Your license is limited to the use of the Internal Code as set forth in paragraph 3 above. You may not use the Internal Code for any other purpose. You may not, for example, do any of the following:
8.(i) access, copy, display, print, adapt, alter, modify, patch, prepare Derivative works of, transfer, or distribute (electronically or otherwise) or otherwise use the Internal Code;
9.(ii) reverse assemble, decode, translate, decompile, or otherwise reverse engineer the Internal Code (except as decompilation may be expressly permitted under applicable European law solely for the purpose of gaining information that will allow
204 Internal Code License Statement | Appendix D |