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Snapservermanger License AgreementSnapservermanger License Agreement
END USER LICENSE AGREEMENT (EULA)
FOR USE OF SNAP APPLIANCE STORAGE SOLUTIONS AND RELATED INSTALLATION UTILITIES
SNAP IP, ASSIST AND SNAP SERVER MANAGER ("INSTALLATION UTILITIES"); THE SYSTEM SOFTWARE EMBEDDED IN THE SNAP APPLIANCE 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 APPLIANCE 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.
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. All other Licensed Software programs (the "Restricted Software") are copyrighted by Snap Appliance and are licensed pursuant to all of the terms of this Agreement. Copying of the 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):
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 Storage Solution 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.
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.
Protection of Trade Secrets. The Licensed Software contains trade secrets, and in order to protect them, you agree that you will not reverse assemble, decompile or disassemble, or otherwise reverse engineer any portion of the Restricted Software, or permit others to do so, except as permitted by applicable law, but then only to the extent that Snap Appliance (and/or its licensors) is not legally entitled to exclude or limit such rights by contract. Except with respect to on-line documentation copied for backup or archival purposes, you may not copy any documentation pertaining to the Licensed Software. You agree that your use and possession of the Licensed Software is permitted only in accordance with the terms and conditions of this Agreement.
Ownership of Restricted Software. You agree and acknowledge that, (i) Snap Appliance transfers no ownership interest in the Restricted Software, in the intellectual property in any Restricted Software or in any Restricted Software copy, to you under this Agreement or otherwise, (ii) Snap Appliance and its licensors reserve all rights not expressly granted to you hereunder, and (iii) the Restricted Software is protected by United States Copyright Law and international treaties relating to protection of copyright, and other intellectual property protection laws of the U.S. and other countries.
Termination. If you fail to fulfill any of your material obligations under this Agreement, Snap Appliance and/or its licensors may pursue all available legal remedies to enforce this Agreement, and Snap Appliance may, at any time after your default of this Agreement, terminate this Agreement and all licenses and rights granted to you hereunder. You agree that any Snap Appliance suppliers referenced in the Restricted Software are third-party beneficiaries of this Agreement, and may enforce this Agreement as it relates to their intellectual property. You further agree that, if Snap Appliance terminates this Agreement for your default, you will, within thirty (30) days after any such termination, deliver to Snap Appliance or render unusable all Restricted Software originally provided to you hereunder and any copies thereof embodied in any medium.
Government End Users. The Installation Utilities, Embedded Software, and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202, Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, and FAR Section 12.212, and successor provisions thereof, as applicable. Any use modification, reproduction release, performance, display or disclosure of the Installation Utilities or Embedded Software and accompanying documentation by the U.S. Government shall be governed solely by the terms of this Agreement and shall be prohibited except as expressly permitted by the terms of this Agreement. PROVISIONS APPLICABLE TO RESTRICTED SOFTWARE AND, SUBJECT TO SECTION 1, TO PUBLIC SOFTWARE (Articles 8 - 15):
Export Laws. Notwithstanding any provision of any Public License to the contrary, Snap Appliance shall have no duty to deliver or otherwise furnish source code of any Public Software if it cannot establish to its reasonable satisfaction that such delivery or furnishing will not violate applicable US laws and regulations. You hereby assure that you will not export or re-export any Licensed Software except in full compliance with all applicable laws, regulations, executive orders, and the like pertaining to export and/or re-export, including without limitation USA versions of the same. No Licensed Software may be exported or re-exported into (or to a national or resident of) any country to which the U.S. embargoes goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You agree to ascertain necessary licensing procedures and obtain required licenses before exporting or re-exporting either. You also agree to indemnify Snap Appliance and assume all financial responsibility for any losses it may suffer if you do not comply with this paragraph.
Disclaimer of Warranties. THE INSTALLATION UTILITIES AND EMBEDDED SOFTWARE ARE LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND. SNAP APPLIANCE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, RELATING TO THE INSTALLATION UTILITIES AND THE EMBEDDED SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
Limitation of Liability. IN NO EVENT WILL SNAP APPLIANCE'S OR ITS LICENSORS' LIABILITY UNDER THIS AGREEMENT EXCEED THE PRICE THAT YOU PAID FOR THE INSTALLATION UTILITIES AND EMBEDDED SOFTWARE. FURTHERMORE, IN NO EVENT WILL SNAP APPLIANCE BE LIABLE FOR ANY LOST PROFITS, LOST DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR UNDER THIS AGREEMENT OR THE APPLICABLE PUBLIC LICENSE. The limitation of liability set forth in this paragraph will apply whether or not Snap Appliance was advised of the possibility of the loss, liability or damages and notwithstanding any failure of essential purpose of any limited remedy. Since some states do not allow exclusions or limitations of liability for consequential or incidental damages, this provision may not apply to you.
Waiver. No delay or failure of Snap Appliance to exercise any right under this Agreement, nor any partial exercise thereof, shall be deemed to constitute a waiver of any rights granted hereunder or at law.
Unlawful Provision(s). If any provision of the Agreement is held to be unenforceable for any reason, all other provisions of this Agreement shall nevertheless be deemed valid and enforceable to the fullest extent possible.
Applicable Law Except with respect to any Public Software program for which the applicable Public License contains provisions expressly stating the applicable governing law (with respect to which the law so specified shall govern all aspects of such agreement, including the provisions incorporated into such Public License hereunder), the terms of this Agreement (including, to the extent allowable under the Public License, all software governed by a Public License which does not specify a governing law)) This Agreement will be governed by the laws of the State of California, without reference to its choice of law rules, and the United States, including U.S. Copyright laws.
Entire Agreement This Agreement and all applicable Public Licenses supersede all proposals, negotiations, conversations, discussions, all other agreements, oral or written, and all past course of dealing between you and Snap Appliance relating to the Licensed Software or the terms of its license to you, and may only be modified in writing signed by you and Snap Appliance.
Contractor/Manufacturer?Create. Snap Appliance Inc., 125 South Market Street, Suite 900, San Jose, CA 95113, USA.
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