NDMP SDK

Copyright (c) 1997,1998,2000,2001,2002 Legato, Network Appliance. All Rights Reserved.

http://www.ndmp.org/download/

# Description: NDMP SDK license 
		# 
		# Copyright (c) 1997,1998,2000,2001,2002 Legato, Network Appliance.
		#  All Rights Reserved. 
		# 
		# $Id: LICENSE,v 2.0 2000/09/15
  # 
		

NETAPP AND LEGATO SOFTWARE LICENSE AGREEMENT FOR NETWORK DATA MANAGEMENT PROTOCOL (NDMP) SOFTWARE DEVELOPER'S KIT (SDK)

NOTICE TO USER (THE "LICENSEE"): CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF ALL SOFTWARE AND SOURCE CODE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. THE TERMS OF THIS AGREEMENT PERTAIN TO THE SOFTWARE PROVIDED WITH THIS AGREEMENT AND ANY SUBSEQUENT VERSIONS RECEIVED, IF ANY, INCLUDING BUT NOT LIMITED TO UPDATES AND ENHANCEMENTS PROVIDED UNDER THE TERMS OF ANY MAINTENANCE AGREEMENT BETWEEN THE PARTIES, UNLESS THE PARTIES HAVE EXECUTED A FORM OF SIGNED LICENSE AGREEMENT WHICH SPECIFICALLY SUPERSEDES THIS LICENSE BY ITS TERMS.

LICENSE GRANT: THE SOFTWARE BEING PROVIDED TO YOU IS LICENSED, NOT SOLD. NETAPP AND LEGATO OWN ALL COPIES OF THE LICENSED ITEMS, INCLUDING BACKUP AND ARCHIVAL COPIES. YOU, THE LICENSEE, ONLY HAVE THE LIMITED RIGHTS EXPRESSLY GRANTED TO YOU UNDER THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT.

NetApp and Legato grant to you (either as an individual or entity) a limited, nontransferable, nonexclusive, perpetual license to use, copy, modify, distribute or sublicense, to third parties, copies of the SOFTWARE and derivative works in the form of source code or binary executables under the terms of this license. The term of this license agreement will be perpetual, unless terminated by You or by licensors in the event of material breach by You. In the event of termination, the license rights granted with this Agreement will survive for any end users of the software subject to the warranty disclaimer and limitation of liability.

The SOFTWARE is available only through the website, www.ndmp.org. The user registers online and downloads the SOFTWARE. The SOFTWARE may be used at no charge.

You may transfer the SOFTWARE in source code or executable form. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE. The SOFTWARE is provided as is without warranty of any kind. Support is limited to bug fixes, if and when available, and the right to submit email bug reports to ndmp-admin@ndmp.org.

Ownership Rights: You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of NetApp and Legato, and you will not acquire any rights to the SOFTWARE except as expressly set forth herein.

No Warranties: NETAPP AND LEGATO DO NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. NETAPP AND LEGATO EXPRESSLY EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN RELATION TO THE SOFTWARE (AND ANY SERVICES RENDERED TO SUPPORT THE SOFTWARE), INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Severability: In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.

No Liability for Damages: IN NO EVENT SHALL NETAPP OR LEGATO BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY THE USE OF THIS SOFTWARE, INCLUDING WITHOUT LIMITATION INTERRUPTION OF BUSINESS, LOST PROFITS OR CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF NETAPP OR LEGATO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL DAMAGES.

Export: You agree that you will not export or re-export the SOFTWARE without the appropriate United States or foreign government licenses.

Governing Law: This Agreement shall be construed in accordance with the laws of the State of California as they are applied to agreements between California residents entered into and to be performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

U.S. Government Rights: If this software is acquired under the terms of: (i) a DoD contract: pursuant to 48 CFR 227.7202-2 and its successors, use, duplication, or disclosure by the Government is subject to restrictions as set forth in this Agreement; or (ii) a Civilian agency contract: Pursuant to 48 CFR 12.212 and its successors, use, reproduction, or disclosure is subject to the restrictions set forth in this Agreement.

Unpublished - rights reserved under the copyright laws of the United States.

Revised April 30, 2002