Copyright NoticeEnd User License Agreement and Warranty Information
Copyright ©2010-14, Overland Storage, Inc. All rights reserved.
Information in this document is subject to change without notice and does not represent a commitment on the part of Overland Storage or any of its subsidiaries. The software described in this document is furnished under a license agreement. The software may be used only in accordance with the terms of the license agreement. It is against the law to copy the software on any medium. No part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, for any purpose without the express written permission of Overland Storage, Inc.
Trademarks Overland®, Overland Storage®, ARCvault®, DynamicRAID®, GuardianOS®, NEO®, NEO Series®, PowerLoader®, Protection OS®, RAINcloud®,REO®, REO 4000®, REO Series®, Snap Appliance®, Snap Care® (EU only), SnapSAN®, SnapScale®, SnapScale X2®, SnapServer®, StorAssure®, Ultamus®, VR2®, and XchangeNOW® are registered trademarks of Overland Storage, Inc. Tandberg Data®, AccuGuard®, AccuVault®, DPS1000 Series®, DPS1100®, DPS1200®, DPS2000®, Magnum®, QuikStation®, QuikStor®, RDX®, RDXPRO®, StorageLibrary®, StorageLoader®, Tandberg SecureService®, Tandberg StorageLibrary®, and VXA® are registered trademarks of Tandberg Data, Inc. RapidRebuildTM, SnapScale X4TM, SnapServer DX SeriesTM, SnapServer XSD SeriesTM, SnapServer XSD 40TM, and SnapServer ManagerTM are trademarks of Overland Storage, Inc.
The License issued for SnapCLOUD can only be used on a single virtual machine with the capacity and period of usage sold for. The user is responsible for getting an updated version of the license after the term expires. The user cannot use one license on multiple virtual machines. The user must buy a new license when the capacity of storage attached to the virtual machine exceed the capacity of snapcloud license purchased
BizNASTM and QuadPakTM are trademarks of Tandberg Data, Inc.
All other brand names or trademarks are the property of their respective owners. The names of companies and individuals used in examples are fictitious and intended to illustrate the use of the software. Any resemblance to actual companies or individuals, whether past or present, is coincidental.
END USER LICENSE AGREEMENT (EULA)
FOR USE OF OVERLAND STORAGE SOLUTIONS AND RELATED INSTALLATION UTILITIES SNAP IP, ASSIST, AND SNAPSERVER MANAGER (“INSTALLATION UTILITIES”); THE SYSTEM SOFTWARE EMBEDDED IN THE OVERLAND STORAGE SOLUTION (“EMBEDDED SOFTWARE”); SOFTWARE MARKETED BY OVERLAND STORAGE OR THAT IS EMBEDDED IN OR OTHERWISE CONSTITUTES A PART OF OVERLAND STORAGE COMPUTER HARDWARE PRODUCT(S) (SOMETIMES REFERRED TO COLLECTIVELY HEREIN, TOGETHER WITH THE INSTALLATION UTILITIES AND THE EMBEDDED SOFTWARE, AS THE “LICENSED SOFTWARE”), EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, ARE PROPRIETARY COMPUTER SOFTWARE BELONGING TO OVERLAND STORAGE, INC. OR ITS LICENSORS. UNITED STATES COPYRIGHT AND OTHER FEDERAL AND STATE LAWS AND INTERNATIONAL LAWS AND TREATIES PROTECT THE INSTALLATION UTILITIES AND EMBEDDED SOFTWARE.USE OF THE OVERLAND STORAGE SOLUTION (“SYSTEM”) OR THE INSTALLATION UTILITIES IMPLIES YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. BY USING THE INSTALLATION UTILITIES OR THE SERVER, YOU ARE ENTERING INTO A BINDING CONTRACT WITH OVERLAND STORAGE, INC. IN ADDITION, THE SOFTWARE INCORPORATES BITTORRENT SYNC, AN APPLICATION CREATED BY BITTORRENT, INC. (“BITTORRENT”). USE OF BITTORRENT SYNC COMPONENT OF THE SOFTWARE IS ALSO SUBJECT TO THE BITTORRENT END USER LICENSE AGREEMENT, WHICH AGREEMENT IS LOCATED BELOW THESE OVERLAND STORAGE TERMS AND CONDITIONS. THE BITTORRENT END USER LICENSE AGREEMENT IS AN AGREEMENT BETWEEN YOU AND BITTORRENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE INSTALLATION UTILITIES, THE EMBEDDED SOFTWARE, OR THE SYSTEM AND SHOULD PROMPTLY RETURN THIS ENTIRE PACKAGE, INCLUDING THE INSTALLATION UTILITIES AND SYSTEM, TO THE PLACE WHERE YOU PURCHASED IT FOR A FULL REFUND.
1 Ownership and Copyright. The Installation Utilities and Embedded Software are licensed, not sold to you, for use only as permitted by the terms and conditions of this Agreement. Overland Storage, Inc. reserves any rights not expressly granted to you. The Licensed Software is composed of multiple, separately written and copyrighted modular software programs. Various Licensed Software programs (the “Public Software”) are copyrighted and made available under the GNU General Public License or other licenses that permit copying, modification and redistribution of source code (which licenses are referred to as “Public Licenses”).
The Public Software is licensed pursuant to (i) the terms of the applicable Public License located in the related software source code file(s), and/or in its online documentation; and (ii) to the extent allowable under the applicable Public License. To receive a copy of the GNU General Public License, write to the Free Software Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA. To receive a copy of the Public Software source code file(s), send a request that includes a file list to firstname.lastname@example.org. A zip file containing the source code file(s) will be emailed back to the originating email address. Various Public Software programs are copyrighted by the Regents of the University of California and are derived from material licensed to the University of California by its contributors, to which the following disclaimer applies: THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. All other Licensed Software programs (the “Restricted Software”) are copyrighted by Overland Storage, Inc. or its licensors and are pursuant to all of the terms of this Agreement. Copying of the Licensed Software, unless specifically authorized in writing by Overland Storage, Inc., is prohibited by law. You may not use, copy, modify, sell, lease, sublease, or otherwise transfer the Installation Utilities or Embedded Software, or any copy or modification, in whole or in part, except as expressly provided in this Agreement. PROVISIONS APPLICABLE TO RESTRICTED SOFTWARE ONLY (Articles 2 - 7):
2 License. In consideration of the premises of this License Agreement, your payment of any applicable license fee for Restricted Software, and/or your purchase of an Overland Storage, Inc. appliance that the Licensed Software accompanies, for the term of intellectual property protection inhering in the Licensed Software, Overland Storage, Inc. hereby grants to you a limited, personal, and non-exclusive license to install and execute (“Use”) the Restricted Software solely under the terms and conditions of this Agreement and only on the System in connection with which Overland Storage, Inc. originally provided such Restricted Software. You shall not use the Restricted Software other than as a part of and in connection with your use of the System. You are given a non-exclusive license to use the Installation Utilities and Embedded Software in conjunction with a Server, make one copy of the Installation Utilities for archival and backup purposes only, and/or transfer your System and copies of the Installation Utilities and the accompanying documentation to a third party provided that you provide Overland Storage, Inc. written notice of the transfer within 30 days after the transfer date and you do not retain any copy of the transferred software. Any such transferee’s rights and obligations with respect to the transferred software and documentation are as set forth in this Agreement.
3 Reproduction of Proprietary Notices. You may not sublicense, distribute, rent, lease, lend, or otherwise convey the Restricted Software or the documentation accompanying the Restricted Software or any portion thereof to anyone, and under no circumstance may you use or allow the use of the Restricted Software in any manner other than as expressly set forth herein. You may not permit any use of or access to the Restricted Software by any third party, or operate the Restricted Software on behalf of or for the benefit of any third party, including the operation of any service that is accessed by a third party. Copies of the Installation Utilities must be labeled with the Overland Storage, Inc. copyright notice and other proprietary legends found on the original media.
4 Protection of Trade Secrets. The Licensed Software contains trade secrets, and in order to protect them, you agree that you will not reverse assemble, decompile or disassemble, or otherwise reverse engineer any portion of the Restricted Software, or permit others to do so, except as permitted by applicable law, but then only to the extent that Overland Storage, Inc. (and/or its licensors) is not legally entitled to exclude or limit such rights by contract and where you have provided Overland Storage, Inc. with at least ninety (90) days advance written notice of your belief that your performance of the restricted actions set forth above is permitted by applicable law. You may not create, develop, license, install, use or deploy and software or services to circumvent, enable, modify or provide access, permission or rights which violate the technical restrictions of the Restricted Software. You may not translate, modify or create derivative works based upon the Restricted Software. Except with respect to online documentation copied for backup or archival purposes, you may not copy any documentation pertaining to the Licensed Software. You agree that your use and possession of the Licensed Software is permitted only in accordance with the terms and conditions of this Agreement. You may not publish the results of any benchmarking studies performed with respect to the Licensed Software.
5 Ownership of Restricted Software. You agree and acknowledge that, (i) Overland Storage, Inc. transfers no ownership interest in the Restricted Software, in the intellectual property in any Restricted Software or in any Restricted Software copy, to you under this Agreement or otherwise, (ii) Overland Storage, Inc. and its licensors reserve all rights not expressly granted to you hereunder, and (iii) the Restricted Software is protected by United States Copyright Law and international treaties relating to protection of copyright, and other intellectual property protection laws of the U.S. and other countries.
6 Termination. If you fail to fulfill any of your material obligations (including the restriction regarding use of the Restricted Software other than as a part of and in connection with your use of the System) under this Agreement, Overland Storage, Inc. and/or its licensors may pursue all available legal remedies to enforce this Agreement, and Overland Storage, Inc. may, at any time after your default of this Agreement, terminate this Agreement and all licenses and rights granted to you hereunder. You agree that any Overland Storage suppliers referenced in the Restricted Software are third-party beneficiaries of this Agreement, and may enforce this Agreement as it relates to their intellectual property. You further agree that, if Overland Storage, Inc. terminates this Agreement for your default, you will, within thirty (30) days after any such termination, deliver to Overland Storage, Inc. or render unusable all Restricted Software originally provided to you hereunder and any copies thereof embodied in any medium.
7 Government End Users. The Installation Utilities, Embedded Software and other Licensed Software, and accompanying documentation, are deemed to be “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
PROVISIONS APPLICABLE TO RESTRICTED SOFTWARE AND, SUBJECT TO SECTION 1, TO PUBLIC SOFTWARE (Articles 8 - 15):
8 Compliance with Law; Export Laws. You shall comply with all applicable laws and regulations regarding your use of or dealing in the Licensed Software. Notwithstanding any provision of any Public License to the contrary, Overland Storage, Inc. shall have no duty to deliver or otherwise furnish source code of any Public Software if it cannot establish to its reasonable satisfaction that such delivery or furnishing will not violate applicable US laws and regulations. You hereby assure that you will not export or re-export any Licensed Software except in full compliance with all applicable laws, regulations, executive orders, and the like pertaining to export and/or re-export, including without limitation USA versions of the same. No Licensed Software may be exported or re-exported into (or to a national or resident of) any country to which the U.S. embargoes goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You agree to ascertain necessary licensing procedures and obtain required licenses before exporting or re-exporting either. You also agree to indemnify Overland Storage, Inc. and assume all financial responsibility for any losses it may suffer if you do not comply with this paragraph.
9 Disclaimer of Warranties. THE INSTALLATION UTILITIES AND EMBEDDED SOFTWARE ARE LICENSED “AS IS” WITHOUT WARRANTY OF ANY KIND. OVERLAND STORAGE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, RELATING TO THE INSTALLATION UTILITIES AND THE EMBEDDED SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
10 LimitationofLiability.INNOEVENTWILLOVERLANDSTORAGEORITSLICENSORS’LIABILITYUNDERTHISAGREEMENTEXCEEDTHEPRICETHATYOUPAID FOR THE INSTALLATION UTILITIES AND EMBEDDED SOFTWARE. FURTHERMORE, IN NO EVENT WILL OVERLAND STORAGE OR ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS, LOST DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR UNDER THIS AGREEMENT OR THE APPLICABLE PUBLIC LICENSE. The limitation of liability set forth in this paragraph will apply whether or not Overland Storage, Inc. or its licensor was advised of the possibility of the loss, liability, or damages and notwithstanding any failure of essential purpose of any limited remedy. Since some states do not allow exclusions or limitations of liability for consequential or incidental damages, this provision may not apply to you.
11 Waiver.NodelayorfailureofOverlandStorage,Inc.toexerciseanyrightunderthisAgreement,noranypartialexercisethereof,shallbedeemed to constitute a waiver of any rights granted hereunder or at law.
12 UnlawfulProvision(s).IfanyprovisionoftheAgreementisheldtobeunenforceableforanyreason,allotherprovisionsofthisAgreementshall nevertheless be deemed valid and enforceable to the fullest extent possible.
13 ApplicableLaw.ExceptwithrespecttoanyPublicSoftwareprogramforwhichtheapplicablePublicLicensecontainsprovisionsexpresslystating the applicable governing law (with respect to which the law so specified shall govern all aspects of such agreement, including the provisions incorporated into such Public License hereunder), the terms of this Agreement (including, to the extent allowable under the Public License, all software governed by a Public License which does not specify a governing law) will be governed by the laws of the State of California, without reference to its choice of law rules, and the United States, including U.S. Copyright laws.
14 Entire Agreement. This Agreement and all applicable Public Licenses supersede all proposals, negotiations, conversations, discussions, all other agreements, oral or written, and all past course of dealing between you and Overland Storage, Inc. relating to the Licensed Software or the terms of its license to you, and may only be modified in writing signed by you and Overland Storage, Inc.