This Digital License Agreement for StorageWorks™ Command Console Version 1.1 (Quantity: 1) is a binding legal document. Users are explicitly warned to read it carefully before proceeding; opening or using the software signifies acceptance of these terms. If the terms are not accepted, the software and all accompanying materials must be returned unopened for a full refund.
Key terms include:
- Grant of Use: Allows installation of the GUI/Client software on the specified quantity (1) of computers, and the Agent software on an unlimited number of computers. It also permits one predominant user to install the GUI/Client on an additional home or portable computer, network distribution to licensed machines, and creation of backup copies. Rights can be permanently transferred if no copies are retained and the recipient agrees to the terms.
- Copyright & Restrictions: Digital Equipment Corporation retains copyright. Users cannot rent, lease, or transfer the software (unless expressly permitted), remove proprietary notices, or reverse engineer/decompile it (except as legally allowed).
- Limited Warranty: The software is warranted to perform substantially as described for 90 days from delivery. Implied warranties (merchantability, fitness for purpose) are also limited to 90 days.
- Exclusive Remedy: For non-conforming software, the sole remedy is, at Digital's option, repair, replacement, or a refund of the purchase price, provided the software is returned within the warranty period.
- Disclaimer of Warranties: All other warranties, express or implied, are disclaimed. Digital does not guarantee uninterrupted or error-free operation.
- Allocation of Liability: Total liability is limited to the purchase price of the product (except for personal injury due to Digital's negligence). Digital is not liable for damages such as loss of data/use, lost profits, or incidental/consequential damages.
- General: The agreement is governed by Massachusetts law, requires compliance with export control laws, and provides contact information for questions.
The document serves as the Proof of License for the specified software version.