5.Nothing in the license set forth 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 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.
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.
96154 • Revision K | Notices xxxi |
