The copyright in this software ("the Software") is owned by Xyratex, the trading name of Havant International Limited. You may not load the Software into any computer or copy it without the licence of Xyratex. Xyratex offers you a non-exclusive, non-transferable licence on the terms set out below. You may agree to accept the terms of this licence and be bound by it by loading the software from this CD into your computer. If you do not agree to the terms of this Agreement, do not load the software into your computer, or if you have done so before reading this agreement, delete all files and copies of the software from your computer. However, since there are other programs on this CD which you might use, no refund is possible.
1. LICENCE
This non-exclusive, non-transferable licence is granted in consideration of your Agreement to abide by its terms and conditons and its limited warranties.You are permitted to:
1.1 load the Software and use it only on a single computer (with a single input terminal) which is under your control;
1.2 transfer the Software from one computer to another provided it is used on one computer at any one time;
1.3 make one copy of the Software for back-up purposes only in support of the permitted use. The copy must reproduce and include Xyratax's copyright notice;
2. You are not permitted:
2.1 to use the Software on any computer or system which permits electronic access to it by more than one user,
2.2 to rent, lease, sub-licence, transfer, loan, copy (except as expressively provided in this Agreement), modify, adapt, merge, translate, reverse engeneer (induding attemping to derive or to deriving the source code from the object code of the Software), decompile, disassemble or create derivative works based on the whole or any part of the Software or its associated documentation (except to the extent permitted by law).
2.3 except as expressively provided in this Agreement to use, reproduce or deal in the Software or its associated documentation in any way.
Xyratex reserves all rights not expressively granted by this Agreement.
3. ACCEPTANCE
3.1 You shall be deemed to have accepted the terms of this agreement by starting the program from the CD or loading the software into your computer. Xyratex waives communication of your acceptance.
3.2 This document includes all that is agreed between Xyratex and you and all other provisions are excluded.
4. TERM
This licence is effective until you terminate it by destroying the Software and its documentation together with all copies.
It will also terminate if you fail to abide by this Agreement. Upon termination you agree to destroy all copies of the Software and its documentation including any Software stored on the hard disk of any computer under your control.
5. OWNERSHIP
Xyratex shall at all times retain ownership of the Software as supplied to you and all subsequent copies therof, regardless of form as well as of all intellectual property rights (including copyright). This Agreement is for the grant of a licence only and does not constitute a contract of sale of the diskette/CD. Xyratex's warranties under this Agreement are available only to you, the original licensee.
6. EMPLOYEES
You shall ensure that your employees, agents and othcr personel who will use the Software are notified of the terms of this agreement and that they comply with the terms of this licence.
7. CONFIDENTIALITY
You agree that all informations, data, drawings, specifications, documentation, software, listings and source or object code which Xyratex has or will disclose to you is the confidential property of Xyratex. You agree to use it only in accordance with the terms of this licence and do not at any time during or after the termination of this Licence (howsoever caused) to disclose, whether directly or indirectly, to any third party without Xyratex's prior written consent.
8. WARRANTIES
8.1 Xyratex warrants, that upon installation, the Software will perform substantially in accordance with its accompanying documentation, provided that the Software is properly used on the computer and with the operating system for which it was designed and that the documentation correctly describes the operation of the Software in all material respects.
8.2 In view of the free supply of this software, Xyratex shall have no liability to you, your officers, employees, or customers whatsoever (including but not limited to liability for negligence) whether in contract, tort or otherwise arising from your use or inability to use the software or from faults or defects in the software.
8.3 The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, comonn law, trade usage, course of dealing or otherwise all of wich are hereby excluded to the fullest extent permitted by law.
8.4 Without prejudice to the above, Xyratex does not warrant that the Software and/or the associated documentation will meet your requirements or that the operation of the Software will be uninterrupted or error free or that defects in the Software will be corrected. You shall load and use the Software at your own risk and in no event will Xyratex nor anybody else who has been involved in the creation, production or distribution of the Software or its associated documentation be liable to you for any loss or damage of any kind, including lost profits or other consequential loss arising from your use of or inability to use the Software and/or its associated documentation or from errors or deficiencies in it whether caused by negligence or otherwise except as expressively provided herein.
9. LAW
This agreement shall be governed by English law, and the parties submit to the exclusive jurisdiction of the English court.
If you have any questionons concerning THIS AGREEMENT please write to:
Xyratex Software Customer Support,
Xyratex
PO Box 6,
Havant,
Hampshire P09 1SA
United Kingdom
(c) Xyratex (the trading name of Havant International Limited) 1995
