Spectra Logic NTIER700 manual June

License You have acquired a Spectra product that includes software owned or licensed by Spectra Logic from one or more software licensors (“Software Suppliers”). Such software products, as well as associated media, printed materials and “online” or electronic documentation (“SOFTWARE”) are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

If you do not agree to this end user license agreement (EULA), do not use the Spectra product; instead, promptly contact Spectra Logic for instructions on return of the Spectra product for a refund. Any use of the Software, including but not limited to use on the Spectra product, will constitute your agreement to this EULA (or ratification of any previous consent).

Grant of License. The Software is licensed on a non-exclusive basis, not sold. This EULA grants you the following rights to the Software:

ƒYou may use the Software only on the Spectra product.

ƒNot Fault Tolerant. The Software is not fault tolerant. Spectra Logic has independently determined how to use the Software in the Spectra product, and suppliers have relied upon Spectra Logic to conduct sufficient testing to determine that the Software is suitable for such use.

ƒNo Warranties for the SOFTWARE. The Software is provided “AS IS” and with all faults. The entire risk as to satisfactory quality, performance, accuracy, and effort (including lack of negligence) is with you. Also, there is no warranty against interference with your enjoyment of the Software or against infringement. If you have received any warranties regarding the SOFTWARE, those warranties do not originate from, and are not binding on Software suppliers.

ƒNote on Java Support. The Software may contain support for programs written in Java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use of resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage.

ƒNo Liability for Certain Damages. Except as prohibited by law, Software suppliers shall have no liability for any indirect, special, consequential or incidental damages arising from or in connection with the use or performance of the Software. This limitation shall apply even if any remedy fails of its essential purpose. In no event shall Software suppliers, individually, be liable for any amount in excess of U.S. two hundred fifty dollars (U.S. $250.00).

ƒLimitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

ƒSoftware Transfer Allowed with Restrictions. You may permanently transfer rights under this EULA only as part of a permanent sale or transfer of the Spectra product, and only if the recipient agrees to this EULA. If the Software is an upgrade, any transfer must also include all prior versions of the Software.

ƒExport Restrictions. Export of the Software from the United States is regulated by the Export Administration Regulations (EAR, 15 CFR 730-744) of the U.S. Commerce Department, Bureau of Export Administration. You agree to comply with the EAR in the export or re-export of the Software: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which as May 1999 include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, and the Federal Republic of Yugoslavia (including Serbia, but not Montenegro), or to any national or any such country, wherever located, who intends to transit or transport the Software back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Software or portion thereof in the design, development or production of nuclear, chemical, or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges. For additional information see http://www.microsoft.com/exporting/.

June 2010 nTier700 Backup and Archive Appliance

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