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Computer Buyer 1996 December
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DKMMSAMP.iso
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replica
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_SETUP.LIB
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LICENSE.TXT
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1996-07-09
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Stac Replica(TM) for NetWare
Disaster Recovery Software
SOFTWARE LICENSE AGREEMENT
This is a legal Agreement between you and Stac, Inc. (Stac). By opening the
sealed media package, you are agreeing to be bound by the terms of this
Agreement. If you do not agree to the terms of this Agreement, promptly return
the unopened media package and the accompanying items, including the
accompanying manual, to the place you obtained them.
LICENSE TERMS
Grant of License. Stac grants to you a non-exclusive right to use one copy of
the manual and the enclosed Replica software program (SOFTWARE) to i) install
one copy of this SOFTWARE on one file server or ii) install additional copies of
the SOFTWARE on additional file servers if provided for by an addendum to this
Agreement, by Stac notice on SOFTWARE packaging, or by a paid Stac-authorized
invoice and iii) install one copy of the SOFTWARE user interface on one client
workstation for each authorized copy in i) and ii) above. You may not rent,
lease, reproduce, copy, subdivide, modify, translate or sublicense the SOFTWARE
or the manual, but you may (a) make one copy of the SOFTWARE solely for backup
or archival purposes and (b) transfer the SOFTWARE and accompanying written
material on a permanent basis provided you retain no copies of the SOFTWARE and
the recipient agrees to the terms of this Agreement. This Agreement is effective
from the day you open the sealed media package until terminated. You may
terminate this Agreement by returning to Stac the original media and any backup
copies. Use, duplication, or disclosure of the SOFTWARE by the U.S. Government
is subject to the restricted rights applicable to commercial computer software
(under FAR 52.227-19 and DFARS 252.227-7013), as applicable.
Intellectual Property. The SOFTWARE is owned by Stac or its licensors and is
protected by United States copyright laws, as well as one or more pending
patents and other intellectual property rights and corresponding international
treaties (Stac Intellectual Property Rights). You may not copy the written
materials accompanying the SOFTWARE. Furthermore, you acknowledge that the
license provided under this Agreement is a limited one and in no way shall be
construed to provide you an express or an implied license to any of Stac's
Intellectual Property Rights other than as expressly set forth above and in no
way confers to you or anyone else any right, title, or interest to the Stac
Intellectual Property Rights in the SOFTWARE. You may not reverse engineer,
decompile, disassemble, or create derivative works from this SOFTWARE.
Controlling Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California.
LIMITED WARRANTY
Limited Warranty. Stac warrants the media on which the SOFTWARE is recorded to
be free from defects in materials and workmanship under normal use for a period
of ninety (90) days from the date of purchase. Any implied warranties on the
SOFTWARE are limited to 90 days. Some states do not allow limitations on
duration of an implied warranty, so the above limitation may not apply to you.
Customer Remedies. Stac's entire liability and your exclusive remedy shall be
replacement of the SOFTWARE that does not meet Stac's Limited Warranty and which
is returned to Stac with a copy of your receipt. This Limited Warranty is void
if failure of the SOFTWARE has resulted from accident, abuse, or misapplication.
NO OTHER WARRANTIES. THE SOFTWARE AND RELATED DOCUMENTATION ARE
PROVIDED "AS IS." STAC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND THE
ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL STAC, ITS
SUPPLIERS, OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING
OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF YOU HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE
MAY NOT BE APPLICABLE TO YOU.
(12/95)