Notices
xxii Sixth Edition 95741
inter operability when such information is not
otherwise readily available); or
(iii) sublicense, assign, or lease the Internal Code or
permit another person to use such Internal Code, or
any copy of it.
If you need a backup or archival copy of the
Internal Code, StorageTek, or your authorized
StorageTek distributor or reseller, will make one
available to you, it being acknowledged and agreed
that you have no right to make such a copy.
5. Nothing in the license set forth in paragraph 3
above or in this entire Notice shall convey, in any
manner, to you any license to or title to or other
right to use any Maintenance code, or any copy of
such Maintenance Code. Maintenance Code and
StorageTek’s service tools and manuals may be kept
at your premises, or they may be supplied with a
unit of Equipment sent to you and/or included on
the same media as Internal Code, but they are to be
used only by StorageTek’s customer service
personnel or those of an entity licensed by
StorageTek, all rights in and to such Maintenance
Code, service tools and manuals being reserved by
StorageTek or its licensors. You agree that you shall
not use or attempt to use the Maintenance Code or
permit any other third party to use and access such
Maintenance Code.
6. You, the end user, agree to take all appropriate
steps to ensure that all of your obligations set forth
in this Notice, particularly in paragraphs 4 and 5,
are extended to any third party having access to the
Equipment.
7. You may transfer possession of the Internal Code to
another party only with the transfer of the
Equipment on which its use is authorized, and your
license to use the Internal Code is discontinued
when you are no longer an owner or a rightful
possessor of the Equipment. You must give such
transferee all copies of the Internal Code for the
transferred Equipment that are in your possession,
along with a copy of all provisions of this Notice.
Any such transfer by you is automatically (without
further action on the part of either party) expressly
subject to all the terms and conditions of this Notice
passing in full to the party to whom such
Equipment is transferred, and such transferee
accepts the provisions of this license by initial use
of the Internal Code. You cannot pass to the
transferee of the Equipment any greater rights than
granted under this Notice, and shall hold
StorageTek harmless from any claim to the contrary
by your transferee or its successors or assigns. In
addition, the terms and conditions of this Notice
apply to any copies of Internal Code now in your
possession or use or which you hereafter acquire
from either StorageTek or another party.
8. You acknowledge that copies of both Internal Code
and Maintenance Code may be installed on the
Equipment before shipment or included with the
Equipment and other material shipped to you, all
for the convenience of StorageTek’s service
personnel or service providers licensed by
StorageTek, and that during the warranty period, if
any, associated with the Equipment, and during
periods in which the Equipment is covered under a
maintenance contract with StorageTek or service
providers licensed by StorageTek, both Internal
Code and Maintenance Code may reside and be
executed in or used in connection with such
Equipment, and you agree that no rights to
Maintenance Code are conferred upon you by such
facts. StorageTek or the licensed service provider
may keep Maintenance Code and service tools and
manuals on your premises but they are to be used
only by StorageTek’s customer service personnel or
those of service providers licensed by StorageTek.
You further agree that upon (i) any termination of
such warranty period or maintenance contract
period; or (ii) transfer of possession of the
Equipment to another party, StorageTek and its
authorized service providers shall have the right
with respect to the affected Equipment to remove
all service tools and manuals and to remove or
disable all Maintenance Code and/or replace
Microcode which includes both Internal Code and
Maintenance Code with Microcode that consists
only of Internal Code.