Quantum SNC 4000 User Manual page 159

Restrictions. Licensee will not itself or permit others to: (i) sell, sublicense, transfer, publish, disclose,
display, provide access via a network or otherwise make available the Software or any copy thereof to
others; (ii) remove, obscure, or alter any copyright, trade secret, trademark, patent or other proprietary rights
notice affixed to or displayed on the Software or Documentation; (iii) modify, merge with other programs or
translate any portion of the Software into any other assembly or language; and (v) reverse-assemble,
reverse-compile or attempt to derive a source code equivalent of the Software.
Protections. Licensee agrees to secure and protect the Software, the Documentation and copies thereof in
a manner consistent with ADIC's rights therein and to take appropriate action to satisfy its obligations in this
Agreement by instruction or agreement with its employees, agents, subcontractors or others who are
permitted access to the Software. All programs or copies developed by or for Licensee in violation of this
License, including translations, compilations, partial copies and up-dates, are owned by ADIC.
Responsibility. Licensee has sole responsibility for use of the products and any information entered, used,
or stored thereon, including responsibility for protection of data from modification, destruction, or disclosure,
and for the accuracy and integrity of the data. ADIC assumes no responsibility for Licensee's negligence or
failure to protect its data.
Warranty and Warranty Servicing
Warranty. ADIC warrants that for a period of 90 days from installation the Software will conform to all
substantial operational features in ADIC's current published specifications and will be free of defects which
substantially affect performance of the Software. ADIC does not warrant that the Software will meet the
Licensee's requirements or that the operation of the Software will be uninterrupted or error free. The
Licensee must notify ADIC in writing, within 90 days after installation of the Software of Licensee's claim of
any defect. If ADIC determines that the Software is defective, ADIC's sole obligation is for ADIC, at its
option, to correct, any defect in the Software or to accept the return of the Software. Where Software is
returned for claims made during the warranty period, Licensee will receive a refund for the Software. This
warranty is made void if the Licensee or any third party makes any modifications to the Software. ADIC is
not responsible for corrections necessitated by difficulties or defects traceable to Licensee's errors or
system changes.
Compatibility. ADIC does not warrant that the Software is compatible with the current releases of all
operating systems, nor that the Software will be made compatible with new releases of operating systems
within a specified amount of time, or at all. At Licensee's request, ADIC will notify Licensee of the version
level of the operating system with which the Software is intended to be compatible.
Warranty Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY STATED ABOVE, ADIC
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, FOR THE SOFTWARE, INCLUDING THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Term and Termination. This License commences on the Effective Date and will continue in perpetuity unless
Licensee fails to comply with any conditions of this License. If Licensee breaches, ADIC may, after allowing
Licensee a reasonable time to cure its default, terminate this License upon written notice to the Licensee.
Within 30 days after termination of this License, Licensee will certify, in writing, to ADIC, that Licensee has
discontinued the use of all Software and returned to ADIC the original and all copies of the Software and
Documentation in any form maintained by Licensee.
DISCLAIMER AND LIMITATION OF LIABILITY. THE LICENSEE HAS THE SOLE RESPONSIBILITY FOR
THE ADEQUATE PROTECTION AND BACK-UP OF ITS DATA USED IN CONNECTION WITH THE
SOFTWARE. IN NO EVENT WILL ADIC BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF
USE, DATA OR PROFITS, RERUN TIME, INACCURATE INPUT OR WORK DELAYS, OR ANY
PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE
OR THE USE, PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE, WHETHER IN
ACTION, IN CONTRACT, OR TORT INCLUDING NEGLIGENCE, EVEN IF ADIC KNEW, SHOULD HAVE
KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADIC's LIABILITY FOR
DAMAGES HEREUNDER WILL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY LICENSEE
UNDER THIS LICENSE.
SNC 4000 User's Guide 153