Internal code license statement – StorageTek 9840 User Manual

Page 23

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95741

Sixth Edition

xxi

Notices

Internal Code License Statement

The following is the Internal Code License Agreement from StorageTek:

NOTICE

INTERNAL CODE LICENSE

PLEASE READ THIS NOTICE CAREFULLY BEFORE INSTALLING AND OPERATING THIS EQUIPMENT. THIS
NOTICE IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY), THE END USER, AND
STORAGE TECHNOLOGY CORPORATION (“STORAGETEK”), THE MANUFACTURER OF THE EQUIPMENT. BY
OPENING THE PACKAGE AND ACCEPTING AND USING ANY UNIT OF EQUIPMENT DESCRIBED IN THIS
DOCUMENT, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT OPEN THE PACKAGE AND USE THE EQUIPMENT. IF
YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR COMPANY, DO NOT OPEN THE PACKAGE AND USE
THE EQUIPMENT. IF YOU HAVE ANY QUESTIONS, CONTACT THE AUTHORIZED STORAGETEK DISTRIBUTOR
OR RESELLER FROM WHOM YOU ACQUIRED THIS EQUIPMENT. IF THE EQUIPMENT WAS OBTAINED BY YOU
DIRECTLY FROM STORAGETEK, CONTACT YOUR STORAGETEK REPRESENTATIVE.

1.

Definitions: The following terms are defined as
follows:

a.

“Derivative works” are defined as works based
upon one or more preexisting works, such as a
translation or a musical arrangement, or any
other form in which a work may be recast,
transformed, or adapted. A work consisting of
editorial revision, annotations, elaboration, or
other modifications which, as a whole,
represent an original work of authorship, is a
Derivative work.

b.

“Internal Code” is Microcode that (i) is an
integral part of Equipment, (ii) is required by
such Equipment to perform its data storage and
retrieval functions, and (iii) executes below the
user interface of such Equipment. Internal code
does not include other Microcode or software,
including data files, which may reside or
execute in or be used by or in connection with
such Equipment, including, without limitation,
Maintenance Code.

c.

“Maintenance Code” is defined as Microcode
and other software, including data files, which
may reside or execute in or be used by or in
connection with Equipment, and which
detects, records, displays, and/or analyzes
malfunctions in the Equipment.

d.

“Microcode” is defined as a set of instructions
(software) that is either imbedded into or is to
be loaded into the Equipment and executes
below the external user interface of such
Equipment. Microcode includes both Internal
Code and Maintenance Code, and may be in
magnetic or other storage media, integrated
circuitry, or other media.

2.

The Equipment you have acquired by purchase or
lease is manufactured by or for StorageTek and
contains Microcode. By accepting and operating this
Equipment you acknowledge that StorageTek or its
licensor(s) retain(s) ownership of all Microcode, as
well as all copies thereof, that may execute in or be
used in the operation or servicing of the Equipment
and that such Microcode is copyrighted by
StorageTek or its licensor(s).

3.

StorageTek hereby grants you, the end user of the
Equipment, a personal, nontransferable (except as
permitted in the transfer terms in paragraph 7
below), nonexclusive license to use each copy of
the Internal Code (or any replacement provided by
StorageTek or your authorized StorageTek
distributor or reseller) which license authorizes you,
the end user, to execute the Internal Code solely to
enable the specific unit of Equipment for which the
copy of Internal Code is provided to perform its
data storage and retrieval functions in accordance
with StorageTek’s (or its licensor’s) official
published specifications.

4.

Your license is limited to the use of the Internal
Code as set forth in paragraph 3 above. You may
not use the Internal Code for any other purpose.
You may not, for example, do any of the following:

(i) access copy, display, print, adapt, alter, modify,
patch, prepare Derivative works of, transfer, or
distribute (electronically or otherwise) or otherwise
use the Internal Code;

(ii) reverse assemble, decode, translate, decompile,
or otherwise reverse engineer the Internal Code
(except as decompilation may be expressly
permitted under applicable European law solely for
the purpose of gaining information that will allow

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