license

网络数据管理协议的开发

#                              -*- Mode: Text -*- 
# LICENSE
# 
# Description     : NDMP SDK license
# 
# Copyright (c) 1997 PDC, Network Appliance. All Rights Reserved.
#
# $Id: LICENSE,v 1.4 1997/03/12 08:53:35 tim Exp $
#


NETAPP AND PDC 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 PDC 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 PDC grant to you (either as an individual or entity) a limited, 
nontransferable, nonexclusive license to the SOFTWARE. The term of this license will 
be for the duration of NetApp and PDC's copyright in the SOFTWARE.

Distribution of the SOFTWARE is permitted only through the website, www.ndmp.org. 
The user registers online and downloads the SOFTWARE. The SOFTWARE may be 
used at no charge, except by developers using the software for developing commercial 
products, or users requiring technical support in twelve month increments.

Developers using the SOFTWARE for developing commercial products and/or users 
requiring technical support will be required to pay a license and support fee before 
shipping product developed using the SOFTWARE or before technical support 
commences. You may transfer the SOFTWARE in executable form only if the 
SOFTWARE is compiled into your commercial product. 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. Support is limited to bug fixes, if and 
when available, and the right to submit email bug reports to [e-mail].

Copyright: 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 PDC, and you will not 
acquire any rights to the SOFTWARE except as expressly set forth herein. 

No Warranties: NETAPP AND PDC DO NOT WARRANT THAT THE SOFTWARE 
IS ERROR FREE. NETAPP AND PDC 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 Consequential Damages: IN NO EVENT SHALL NETAPP OR PDC 
BE LIABLE TO YOU FOR ANY 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 PDC 
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL DAMAGES. 
IN NO EVENT WILL NETAPP'S OR PDC'S LIABILITY FOR ANY CLAIM, 
WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABLILTY, 
EXCEED THE LICENSE FEE PAID BY YOU. 

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. 
Contractor/Manufacturer: 
	Network Appliance			PDC 
	2770 San Thomas Expressway		1002 W. 9th Avenue
	Santa Clara, CA 95051			King of Prussia, PA 19406

Entire Agreement: This is the entire agreement between you and NetApp and PDC 
which supersedes any prior agreement, whether written or oral, relating to the subject 
matter of this Agreement. Should you have any questions concerning this Agreement, or 
if you desire to contact NetApp or PDC for any reason, please write:
	Network Appliance 			PDC
	2770 San Thomas Expressway		1002 W. 9th Avenue
	Santa Clara, CA 95051			King of Prussia, PA 19406


Revised March 5, 1997