License Agreement - Spectra Logic Spectra 12K User Manual

License Agreement

This program is copyrighted and licensed (not sold). If you are not willing to be bound by the terms of this
License Agreement, you should promptly return the package, and you will receive a refund of your money.
This License Agreement represents the entire agreement concerning the program between you and Spectra
Logic Corporation (referred to as "Licensor"), and it supersedes any prior proposal, representation, or
understanding between the parties.
• License Grant. Licensor hereby grants to you, and you accept, a nonexclusive license to use the
Program Diskettes and the TAOS computer programs contained therein in machine-readable, object
code form only (collectively referred to as the "Software"), and the accompanying User
Documentation, only as authorized in this License Agreement. The Software may be used only in a
local area network or other network. You agree that you will not assign, sublicense, transfer, pledge,
lease, rent, or share your rights under this License Agreement. You agree that you may not reverse
assemble, reverse compile, or otherwise translate the Software.
Upon loading the Software into your computer, you may retain the Program Diskettes for backup
purposes. In addition, you may make one copy of the Software on a second set of diskettes (or on
cassette tape) for the purpose of backup in the event the Program Diskettes are damaged or
destroyed. You may make one copy of the User's Manual for backup purposes. Any such copies of the
Software or the User's Manual will include Licensor's copyright and other proprietary notices. Except
as authorized under this paragraph, no copies of the Program or any portions thereof may be made by
you or any person under your authority or control.
• Licensor's Rights. You acknowledge and agree that the Software and the User's Manual are proprietary
products of Licensor protected under U.S. copyright law. You further acknowledge and agree that all
right, title, and interest in and to the Program, including associated intellectual property rights, are
and will remain with Licensor. This License Agreement does not convey to you an interest in or to the
Program, but only a limited right of use revocable in accordance with the terms of this License
Agreement.
• License Fees. The license fees paid by you are paid in consideration of the licenses granted under this
License Agreement.
• Term. This License Agreement is effective upon your opening of this package and will continue until
terminated. You may terminate this License Agreement at any time by returning the Program and all
copies thereof and extracts therefrom to Licensor. Licensor may terminate this License Agreement
upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to
Licensor the Program and all copies and portions thereof.
• Limited Warranty. Licensor warrants, for your benefit alone, for a period of 90 days from the date of
commencement of this License Agreement (referred to as the "Warranty Period") that the Program
Diskettes in which the Software is contained are free from defects in material and workmanship.
Licensor further warrants, for your benefit alone, that during the Warranty Period the Program will
operate substantially in accordance with the functional specifications in the User's Manual. If during
the Warranty Period, a defect in the Program appears, you may return the Program to Licensor for
either replacement or, if so elected by Licensor, refund of amounts paid by you under this License
Agreement. You agree that the foregoing constitutes your sole and exclusive remedy for breach by
Licensor of any warranties made under this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH
ABOVE, THE PROGRAM, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND
LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
• Limitation of Liability. Licensor's cumulative liability to you or any other party for any loss or damages
resulting from any claims, demands, or actions arising out of or relating to this Agreement will not
exceed the license fee paid to Licensor for the use of the Program. In no event will Licensor be liable
for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if
Licensor has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
• Governing Law. This License Agreement will be construed and governed in accordance with the laws of
the State of Colorado.
• Costs of Litigation. If either party brings any action relating to this License Agreement against the
other, the prevailing party will be entitled to recover, in addition to any other relief granted,
reasonable attorney fees and expenses of litigation.
• Severability. Should any court of competent jurisdiction declare any term of this License Agreement
void or unenforceable, such declaration will have no effect on the remaining terms hereof.
Notices
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