Overland Storage REO 9000 - Manual (Page 2)

OVERLAND STORAGE END USER LICENSE AGREEMENT (“EULA”)
IMPORTANT NOTICE - PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT (“EULA”) CAREFULLY
BEFORE USING THE SOFTWARE CONTAINED IN THIS EQUIPMENT OR USING THIS EQUIPMENT IN ANY MANNER.
BY USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS END USER AGREEMENT, PROMPTLY RETURN
AND DO NOT USE THE EQUIPMENT AND THE SOFTWARE.
1. Single User License. Subject to the terms and conditions of this EULA, Overland Storage, Inc. (“Overland”) grants to you
(“Customer”) a non-exclusive, non-transferable license to use (a) Overland software which provides the basic operating environment
for Overland equipment and whether pre-installed on, embedded in or provided with Overland equipment, and (b) the specific
Overland program modules or features which have been enabled by security keys supplied by Overland and for which Customer had
paid any applicable license fees (collectively, the “Software”), both of the foregoing in object code form only: (i) solely as pre-installed,
embedded in or provided with Overland equipment owned or leased by Customer; and (ii) for key-enabled Software corresponding to
the security key(s) supplied by Overland and for the license fees paid by Customer.
2. Limitations. Except as otherwise expressly provided under this EULA, Customer will have no right, and Customer will not:
(i) make error corrections to or otherwise modify or adapt the Software nor create derivative works based upon the Software, or to
permit third parties to do the same;
(ii) copy, in whole or in part, de compile, translate, reverse engineer, disassemble or otherwise reduce the Software to human-
readable form; or
(iii) remove the Software from the equipment in which it is embedded.
3. Upgrades and Additional Copies. For purposes of this EULA, “Software” will also include (and the terms and conditions of this
EULA will apply to) any upgrades, updates, bug fixes or modified versions (collectively, “Upgrades”) or backup copies of the Software
licensed or provided to Customer by Overland or an authorized distributor for which Customer had paid the applicable license fees
and holds the corresponding software keys. Notwithstanding the foregoing, Overland will have no obligation to provide any Upgrades
under this EULA. If Upgrades are provided, (i) Customer has no license or right to use any such additional copies or Upgrades unless
Customer, at the time of acquiring such copy or Upgrade, already holds a valid license and the corresponding security keys to the
original Software; and (ii) use of the Upgrades is limited to Overland equipment for which Customer is the original End-User
purchase or lessee.4. U.S. Government Restriction Rights. The Software was developed at private expense and is provided with
“RESTRICTED RIGHTS” as set forth in this License Agreement. Use, duplication or disclosure by the United States government is
subject to restrictions as set forth in FAR 52.227-14 and DFARS 252.227-7013 et seq., or its successors. The use of this Software
constitutes acknowledgement of Company's and its licensors' rights in the Software.
4. Notices of Proprietary Rights. Customer will maintain and reproduce all trademark, copyright, patent, and notices of other
proprietary rights on all copies, in any form, of the Software in the same form and manner that such trademark, copyright, patent,
and notices of other rights are included on the Software. Except as expressly authorized in this EULA, Customer will not make any
copies or duplicates of any Software without the prior written permission of Overland.
5. Proprietary Rights. The Software is and will remain the sole and exclusive property of Overland. Software is licensed, not sold,
by Overland hereunder. Any references to terms in connection with the foregoing, such as “sale”, “purchase” or “sell” will be
interpreted as licensed rights granted on a non-exclusive basis hereunder and as otherwise provided in this EULA. Overland's rights
under this Section will include, but not be limited to: (i) all copies of the Software, in whole and in part; and (ii) all intellectual
property rights in the Software.
6. Confidential Information. Customer will not disclose or, except as expressly permitted in this EULA, use any Software or other
technical information disclosed to Customer by Overland (“Confidential Information”). Customer will take all reasonable measures
to maintain the confidentiality of all Confidential Information in Customer's possession or control, which will in no event be less than
the measures Customer uses to maintain the confidentiality of Customer's own information of equal importance. Confidential
Information will not include information that: (i) is in or enters the public domain without breach of this EULA; (ii) Customer receives
from a third party without restriction on disclosure and without breach of a nondisclosure obligation; or (iii) Customer develops
independently, which Customer can prove with written evidence.
The Confidential Information is a trade secret of Overland, the disclosure of which would cause substantial harm to Overland that
could not be remedied by the payment of damages alone. Accordingly, Overland will be entitled to preliminary and permanent
injunctive relief and other equitable relief for any breach of this Section.
7. Limited Software Warranty. Overland warrants that the Software will substantially conform to its published specifications for
a period of 90 days from the later of receipt of the equipment containing the Software or receipt of access to the Software. This limited
warranty extends only to Customer as the original licensee. Provided that (a) Customer has notified Overland of such substantial
non-conformance during the applicable warranty period, and (b) Overland has confirmed such Software to be substantially non-
conforming, as Customer's sole and exclusive remedy and Overland' and its suppliers' entire liability under this limited warranty,
Overland will, at its option, repair, replace, or refund the Software pursuant to Overland's then-current warranty policy.
Except as expressly provided in this EULA, the Software is provided “AS IS” without warranty of any kind. Overland does not
warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.
Overland reserves the right to charge additional fees for repairs or replacements performed outside of the 90-day limited warranty
period.
This warranty does not apply if the Software or the Overland equipment in which the Software is embedded (i) is licensed for beta,
evaluation, testing or demonstration purposes for which Overland does not receive a license fee, (ii) has been altered, except by
Overland, (iii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Overland, (iv)
has been subjected to abnormal physical or electrical stress or to misuse, negligence, or accident, or (v) is used in ultra-hazardous
activities.