Sun Microsystems TIMBERWOLF 9740 - Manual (Page 20)

xviii Revision P 95693
information is not otherwise readily available); or
(iii) sublicense, assign, or lease the Internal Code or permit
another person to use such Internal Code, or any copy of
it.
If you need a backup or archival copy of the Internal
Code, StorageTek, or your authorized StorageTek
distributor or reseller, will make one available to you, it
being acknowledged and agreed that you have no right to
make such a copy.
5. Nothing in the license set forth above or in this entire
Notice shall convey, in any manner, to you any license to
or title to or other right to use any Maintenance code, or
any copy of such Maintenance Code. Maintenance Code
and StorageTek’s service tools and manuals may be kept at
your premises, or they may be supplied with a unit of
Equipment sent to you and/or included on the same
media as Internal Code, but they are to be used only by
StorageTek’s customer service personnel or those of an
entity licensed by StorageTek, all rights in and to such
Maintenance Code, service tools and manuals being
reserved by StorageTek or its licensors. You agree that you
shall not use or attempt to use the Maintenance Code or
permit any other third party to use and access such
Maintenance Code.
6. You, the end user, agree to take all appropriate steps to
ensure that all of your obligations set forth in this Notice
are extended to any third party having access to the
Equipment.
7. You may transfer possession of the Internal Code to
another party only with the transfer of the Equipment on
which its use is authorized, and your license to use the
Internal Code is discontinued when you are no longer an
owner or a rightful possessor of the Equipment. You must
give such transferee all copies of the Internal Code for the
transferred Equipment that are in your possession, along
with a copy of all provisions of this Notice. Any such
transfer by you is automatically (without further action on
the part of either party) expressly
subject to all the terms and conditions of this Notice
passing in full to the party to whom such Equipment is
transferred, and such transferee accepts the provisions of
this license by initial use of the Internal Code. You cannot
pass to the transferee of the Equipment any greater rights
than granted under this Notice, and shall hold StorageTek
harmless from any claim to the contrary by your
transferee or its successors or assigns. In addition, the
terms and conditions of this Notice apply to any copies of
Internal Code now in your possession or use or which you
hereafter acquire from either StorageTek or another party.
8. You acknowledge that copies of both Internal Code and
Maintenance Code may be installed on the Equipment
before shipment or included with the Equipment and
other material shipped to you, all for the convenience of
StorageTek’s service personnel or service providers
licensed by StorageTek, and that during the warranty
period, if any, associated with the Equipment, and during
periods in which the Equipment is covered under a
maintenance contract with StorageTek or service
providers licensed by StorageTek, both Internal Code and
Maintenance Code may reside and be executed in or used
in connection with such Equipment, and you agree that
no rights to Maintenance Code are conferred upon you by
such facts. StorageTek or the licensed service provider
may keep Maintenance Code and service tools and
manuals on your premises but they are to be used only by
StorageTek’s customer service personnel or those of
service providers licensed by StorageTek. You further
agree that upon (i) any termination of such warranty
period or maintenance contract period; or (ii) transfer of
possession of the Equipment to another party, StorageTek
and its authorized service providers shall have the right
with respect to the affected Equipment to remove all
service tools and manuals and to remove or disable all
Maintenance Code and/or replace Microcode which
includes both Internal Code and Maintenance Code with
Microcode that consists only of Internal Code.