APC Snap Server 2200 Specifications Page 3

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END USER LICENSE AGREEMENT (EULA)
FOR USE OF SNAP APPLIANCE STORAGE SOLUTIONS
AND RELATED INSTALLATION UTILITIES
SNAP IP, ASSIST, AND NASMANAGER (“INSTALLATION UTILITIES”); THE SYSTEM SOFTWARE EMBEDDED IN THE SNAP SERVER
STORAGE SOLUTION (“EMBEDDED SOFTWARE”); SOFTWARE MARKETED BY SNAP APPLIANCE OR THAT IS EMBEDDED IN OR
OTHERWISE CONSTITUTES A PART OF SNAP APPLIANCE COMPUTER HARDWARE PRODUCT(S) (SOMETIMES REFERRED TO
COLLECTIVELY HEREIN, TOGETHER WITH THE INSTALLATION UTILITIES AND THE EMBEDDED SOFTWARE, AS THE “LICENSED
SOFTWARE”), EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, ARE PROPRIETARY COMPUTER SOFTWARE BELONGING TO
SNAP APPLIANCE, INC. OR ITS LICENSORS. UNITED STATES COPYRIGHT AND OTHER FEDERAL AND STATE LAWS AND
INTERNATIONAL LAWS AND TREATIES PROTECT THE INSTALLATION UTILITIES AND EMBEDDED SOFTWARE.
USE OF THE SNAP SERVER STORAGE SOLUTION (“SERVER”) OR THE INSTALLATION UTILITIES IMPLIES YOUR AGREEMENT TO THE
TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. BY USING THE INSTALLATION UTILITIES OR THE SERVER, YOU ARE
ENTERING INTO A BINDING CONTRACT WITH SNAP APPLIANCE, INC.. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT USE THE INSTALLATION UTILITIES, THE EMBEDDED SOFTWARE, OR THE SERVER AND SHOULD
PROMPTLY RETURN THIS ENTIRE PACKAGE, INCLUDING THE INSTALLATION UTILITIES AND SERVER, TO THE PLACE WHERE YOU
PURCHASED IT FOR A FULL REFUND.
1. Ownership and Copyright
. The Installation Utilities and Embedded Software are licensed, not sold to you, for use only as permitted by the
terms and conditions of this Agreement. Snap Appliance reserves any rights not expressly granted to you. The Licensed Software is
composed of multiple, separately written and copyrighted modular software programs. Various Licensed Software programs (the “Public
Software”) are copyrighted and made available under the GNU General Public License or other licenses that permit copying, modification
and redistribution of source code (which licenses are referred to as “Public Licenses”).
The Public Software is licensed pursuant to (i) the terms of the applicable Public License located in the related software source code file(s),
and/or in its on-line documentation; and (ii) to the extent allowable under the applicable Public License. The source code is available at
oss.snapappliance.com. To receive a copy of the GNU General Public License, write to the Free Software Foundation, Inc., 59 Temple Place -
Suite 330, Boston, MA 02111-1307, USA.
Various Public Software programs are copyrighted by the Regents of the University of California and are derived from material licensed to
the University of California by its contributors, to which the following disclaimer applies:
THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
All other Licensed Software programs (the “Restricted Software”) are copyrighted by Snap Appliance or its licensors and are licensed
pursuant to all of the terms of this Agreement.
Copying of the Licensed Software, unless specifically authorized in writing by Snap Appliance, is prohibited by law. You may not use, copy,
modify, sell, lease, sublease, or otherwise transfer the Installation Utilities or Embedded Software, or any copy or modification, in whole or
in part, except as expressly provided in this Agreement.
PROVISIONS APPLICABLE TO RESTRICTED SOFTWARE ONLY (ARTICLES 2 - 7):
2. License
. In consideration of the premises of this License Agreement, your payment of any applicable license fee for Restricted Software,
and/or your purchase of a Snap Appliance Server that the Licensed Software accompanies, for the term of intellectual property protection
inhering in the Licensed Software, Snap Appliance hereby grants to you a limited, personal, and non-exclusive license to install and execute
(“Use”) the Restricted Software solely under the terms and conditions of this Agreement and only on the Server in connection with which
Snap Appliance originally provided such Restricted Software. You are given a non-exclusive license to use the Installation Utilities and
Embedded Software in conjunction with a Server, make one copy of the Installation Utilities for archival and backup purposes only, and/or
transfer your Server and copies of the Installation Utilities and the accompanying documentation to a third party provided that you provide
Snap Appliance written notice of the transfer within 30 days after the transfer date and you do not retain any copy of the transferred
software. Any such transferee’s rights and obligations with respect to the transferred software and documentation are as set forth in this
Agreement.
3. Reproduction of Proprietary Notices
. You may not sublicense, distribute, rent, lease, lend, or otherwise convey the Restricted Software or
any portion thereof to anyone, and under no circumstance may you use or allow the use of the Restricted Software in any manner other than
as expressly set forth herein. Copies of the Installation Utilities must be labeled with the Snap Appliance copyright notice and other
proprietary legends found on the original media.
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