Quantum Q-EKM User's Manual
Contents
1. complete agreement between Licensee and Licensor regarding the use of the Program It replaces any prior oral or written communications between Licensee and Licensor concerning Licensee s use of the Program 3 License Grant The Program is owned by Licensor or a Licensor supplier and is copyrighted and licensed not sold Subject to the payment of any applicable license fees Licensor grants Licensee a nonexclusive non transferable license to install and use the Program up to the Authorized Use and make a backup copy provided that Licensee has lawfully obtained the Program and complies with the terms of this Agreement the backup copy does not execute unless the backed up Program cannot execute Licensee reproduces all copyright notices and other legends of ownership on each copy or partial copy of the Program Licensee ensures that anyone who uses the Program accessed either locally or remotely 1 does so only on Licensee s behalf and 2 complies with the terms of this Agreement e Licensee does not 1 use copy modify or distribute the Program except as expressly permitted in this Agreement 2 reverse assemble reverse compile otherwise translate or reverse engineer the Program except as expressly permitted by law without the possibility of contractual waiver 3 use any of the Program s components files modules audio visual content or related licensed materials separately from that Program or 4 sublicense rent or lease2. or paid except as specified elsewhere in this Agreement If Licensee wishes to increase its Authorized Use Licensee must notify Licensor or an authorized Licensor reseller in advance and pay any applicable charges 5 Taxes If any authority imposes on the Program a duty tax levy or fee excluding those based on Licensor s net income then Licensee agrees to pay that amount as specified in an invoice or supply exemption documentation Licensee is responsible for any personal property taxes for the Program from the date that Licensee obtains it If any authority imposes a customs duty tax levy or fee for the import into or the export transfer access or use of the Program outside the country in which the original Licensee was granted the license then Licensee agrees that it is responsible for and will pay any amount imposed 6 Warranty and Exclusions 6 1 Limited Warranty Licensor warrants that the Program when used in its specified operating environment will conform to its specifications The Program s specifications and specified operating environment information can be found in documentation accompanying the Program such as a read me file or other information provided by Licensor Licensee agrees that such documentation and other Program content may be supplied only in the English language unless otherwise required by local law without the possibility of contractual waiver or limitation Licensor does not warrant uninterrupt
3. N HOW LONG AN IMPLIED WARRANTY LASTS SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE THESE WARRANTIES GIVE LICENSEE SPECIFIC LEGAL RIGHTS LICENSEE MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION 7 Licensee Data and Databases To assist Licensee in isolating the cause of a problem with the Program Licensor may request that Licensee 1 allow Licensor to remotely access Licensee s system or 2 send Licensee information or system data to Licensor However Licensor is not obligated to provide such assistance unless Licensor and Licensee enter a separate written agreement under which Licensor agrees to provide to Licensee that type of technical support which is beyond Licensor s warranty obligations in this Agreement Licensee remains responsible for 1 any data and the content of any database Licensee makes available to Licensor 2 the selection and implementation of procedures and controls regarding access security encryption use and transmission of data including any personally identifiable data and 3 backup and recovery of any database and any stored data Licensee will not send or provide Licensor access to any personally identifiable information whether in data or any other form and will be responsible for reasonable costs and other amounts that Licensor may incur relating to any such information mistakenly provided to Licensor or the loss or disclosure of such information by Licensor includ
4. Quantum EKM End User License Agreement BY DOWNLOADING INSTALLING COPYING ACCESSING CLICKING ON AN ACCEPT BUTTON OR OTHERWISE USING THE PROGRAM LICENSEE AGREES TO THE TERMS OF THIS AGREEMENT IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF LICENSEE YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND LICENSEE TO THESE TERMS IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD INSTALL COPY ACCESS CLICK ON AN ACCEPT BUTTON OR USE THE PROGRAM AND PROMPTLY RETURN THE UNUSED MEDIA AND DOCUMENTATION TO THE PARTY FROM WHOM IT WAS OBTAINED FOR A REFUND OF THE AMOUNT PAID IF THE PROGRAM WAS DOWNLOADED DESTROY ALL COPIES OF THE PROGRAM 1 Definitions Authorized Use the specified level at which Licensee is authorized to execute or run the Program That level may be measured by number of users millions of service units MSUs Processor Value Units PVUs or other level of use specified by Licensor Licensor Quantum Corporation or one of its subsidiaries Program the following including the original and all whole or partial copies 1 machine readable instructions and data 2 components files and modules 3 audio visual content such as images text recordings or pictures and 4 related licensed materials such as keys and documentation Warranty Period one year starting on the date the original Licensee is granted the license 2 Agreement Structure This Agreement is the
5. ed or error free operation of the Program or that Licensor will correct all Program defects Licensee is responsible for the results obtained from the use of the Program If the Program does not function as warranted during the Warranty Period and the problem cannot be resolved Licensee may at Licensor s option either i return the Program to the party either Licensor or its reseller from whom Licensee obtained it and receive a refund of the amount Licensee paid or ii accept replacement of the defective Software Upon return of the Program Licensee s license Q EKM EULA August 2010 Part Number 6 67061 01 Rev A Page 2 of 5 terminates If Licensee downloaded the Program Licensee should contact the party from whom Licensee obtained it for instructions on how to obtain the refund or replacement 6 2 Exclusions THESE WARRANTIES ARE LICENSEE S EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY SATISFACTORY QUALITY FITNESS FOR A PARTICULAR PURPOSE TITLE AND ANY WARRANTY OR CONDITION OF NON INFRINGEMENT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE IN THAT EVENT SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD NO WARRANTIES APPLY AFTER THAT PERIOD SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS O
6. ies and their successors and assigns contractors and Licensor Business Partners to store and use Licensee s business contact information wherever they do business in connection with Licensor products and services or in furtherance of Licensor s business relationship with Licensee f Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under this Agreement The parties will attempt in good faith to resolve all disputes disagreements or claims between the parties relating to this Agreement g Unless otherwise required by applicable law without the possibility of contractual waiver or limitation 1 neither party will bring a legal action regardless of form for any claim arising out of or related to this Agreement more than two years after the cause of action arose and 2 upon the expiration of such time limit any such claim and all respective rights related to the claim lapse h Neither Licensee nor Licensor is responsible for failure to fulfill any obligations due to causes beyond its control 11 Geographic Scope and Governing Law 11 1 Governing Law The laws of the country in which you acquire the Program govern this Agreement except 1 in Australia the laws of the State or Territory in which the transaction is performed govern this Agreement 2 in Albania Armenia Belarus Bosnia Herzegovina Bulgaria Croatia Czech Republic Federal Republic of Yugoslavia Geo
7. ing those arising out of any third party claims 8 Limitation of Liability NEITHER QUANTUM NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES INCLUDING WITHOUT LIMITATION LOSS OF OR DAMAGE TO DATA LOST PROFITS LOST SAVINGS OR ANY INCIDENTAL SPECIAL OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES EVEN IF QUANTUM IS INFORMED OF THEIR POSSIBILITY SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU 9 Compliance Verification The rights and obligations set forth in this Section 11 remain in effect during the period the Program is licensed to Licensee and for two years thereafter 9 1 Verification Process Licensee agrees to create retain and provide to Licensor and its auditors accurate written records system tool outputs and other system Q EKM EULA August 2010 Part Number 6 67061 01 Rev A Page 3 of 5 information sufficient to provide auditable verification that Licensee s use of all Programs is in compliance with this Agreement Licensee is responsible for 1 ensuring that it does not exceed its Authorized Use and 2 remaining in compliance with this Agreement Upon reasonable notice Licensor may verify Licensee s compliance at all sites and for all environments in which Licensee uses for any purpose Programs Such verification will be conducted in a manner that minimizes disruption to Licensee s busines
8. ject to and consistent with the exceptions noted in 11 1 above Q EKM EULA August 2010 Part Number 6 67061 01 Rev A Page 5 of 5
9. rgia Hungary Kazakhstan Kirghizia Former Yugoslav Republic of Macedonia FYROM Moldova Poland Romania Russia Slovak Republic Slovenia and Ukraine the laws of Austria govern this Agreement 3 in the United Kingdom all disputes relating to this Agreement will be governed by English Law and will be submitted to the exclusive jurisdiction of the English courts 4 in Canada the laws in the Province of Ontario govern this Agreement and 5 in the United States and Puerto Rico and People s Republic of China the laws of the State of California govern this Agreement Q EKM EULA August 2010 Part Number 6 67061 01 Rev A Page 4 of 5 Country unique Terms Nothing in this agreement affects certain local jurisdictional or country specific statutory or other legislative rights Licensee may have that cannot be entirely waived excluded or limited by contract nor does this agreement waive Quantum s rights under such laws to disclaim exclude or limit such rights obligations liabilities warranties etc to the extent permitted under such laws Licensee acknowledges and agrees that it has been sufficiently notified by this writing that Quantum has hereby exercised those rights to the fullest extent permitted The United Nations Convention on Contracts for the International Sale of Goods does not apply 11 2 Jurisdiction All rights duties and obligations are subject to the courts of the country in which Licensee obtained the Program license sub
10. s and may be conducted on Licensee s premises during normal business hours Licensor may use an independent auditor to assist with such verification provided Licensor has a written confidentiality agreement in place with such auditor 9 2 Resolution Licensor will notify Licensee in writing if any such verification indicates that Licensee has used any Program in excess of its permitted use or is otherwise not in compliance with the Agreement Licensee agrees to promptly pay directly to Licensor the charges that Licensor specifies in an invoice for 1 any such excess use and 2 any additional charges and other liabilities determined as a result of such verification 10 General a Nothing in this Agreement affects any statutory rights of Licensee that cannot be waived or limited by contract b For Programs Licensor provides to Licensee in tangible form Licensor fulfills its shipping and delivery obligations upon the delivery of such Programs to the Licensor designated carrier unless otherwise agreed to in writing by Licensee and Licensor c If any provision of this Agreement is held to be invalid or unenforceable the remaining provisions of this Agreement remain in full force and effect d Licensee agrees to comply with all applicable export and import laws and regulations including U S embargo and sanctions regulations and prohibitions on export for certain end uses or to certain users e Licensee authorizes Licensor and its subsidiar
11. the Program and f Licensee uses this Program only to support the product for which the Program is supplied ao op This license applies to each copy of the Program that Licensee makes Q EKM EULA August 2010 Part Number 6 67061 01 Rev A Page 1 of 5 3 1 Upgrades Fixes and Patches If the Program is replaced by an Upgrade the replaced Program s license is promptly terminated and Licensee agrees to promptly discontinue use of the replaced Program Upgrade shall be defined as a Program release containing enhancements and or features for which Licensor charges separately When Licensee receives an update fix or patch to a Program Licensee accepts any additional or different terms that are applicable to such update fix or patch 3 2 Fixed Term Licenses If Licensor licenses the Program for a fixed term Licensee s license is terminated at the end of the fixed term unless Licensee and Licensor agree to renew it 3 3 Term and Termination This Agreement is effective until terminated Licensor may terminate this license if Licensee fails to comply with the terms and conditions of this Agreement If the license is terminated for any reason by either party Licensee agrees to promptly discontinue use of and destroy all of Licensee s copies of the Program 4 Charges License fees are based on actual permitted use in accordance with the terms of this Agreement Licensor does not give credits or refunds for fees already due
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