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manual abstract
Copyright © 1998, Legato Systems, Inc. All rights reserved. Legato NetWorker is a registered trademark of Legato Systems, Inc.
All other trademarks are the property of their respective owners.
LICENSE AGREEMENT
THIS PRODUCT CONTAINS CERTAIN COMPUTER PROGRAMS AND OTHER PROPRIETARY MATERIAL, THE USE OF
WHICH IS SUBJECT TO THIS LICENSE AGREEMENT. YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY
TO THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST RETURN THIS PRODUCT,
ALL MANUALS AND DOCUMENTATION, AND PROOF OF PAYMENT, TO THE PLACE YOU OBTAINED THEM FOR A
FULL REFUND WITHIN 30 DAYS OF FIRST ACQUIRING THIS PRODUCT. Your written approval is not a prerequisite to the
validity or enforceability of this agreement and no solicitation of any such written approval by or on behalf of Legato shall be
construed as an inference to the contrary.
LICENSE AND TERMS
Legato and any applicable sublicensors grant to you a limited, personal, non-exclusive, non-transferable license to use the server
software programs and related documentation in this package (collectively referred to as the "Software") on licensed client
processing unit(s). Any attempted sublicense, assignment, rental, sale or other transfer of the Software or the rights or obligations
of this Agreement without the prior written consent of Legato shall be void. This license granted herein will automatically
terminate without notice to you if you fail to comply with its terms. This Agreement will be governed by the laws of the State of
California as such laws apply to agreements between California residents entered into and to be performed within California.
The Software is copyrighted. You may make copies of the software programs only for backup and archival purposes.
Unauthorized copying, reverse engineering (except to the extent applicable laws specifically prohibit such restriction),
decompiling, dissassembling, and creating derivative works of the Software are prohibited. You may print and make copies of
the documentation for your use and archive purposes only. Unauthorized printing, copying, and creating derivative works of the
documentation are prohibited. Title to the Software is not transferred to you by this license. Ownership and title to the Software
and to the actual contents of this package, including the copy of the Software and the media on which it is stored and the
associated documentation are retained by Legato.
LIMITED WARRANTY: LIMITATION OF LIABILITY
Legato does not warrant that the Software will be free from error or will meet your specific requirements. Legato disclaims all
complete responsibility for decisions made or actions taken based on information obtained using the Software. Any statements
made concerning the utility of the Software are not to be construed as unexpressed or implied warranties.
Subject to the conditions and limitations on liability stated herein, Legato warrants for a period of thirty (30) days from the
delivery of the first copy of each type of SOFTWARE, as so delivered, will materially conform to Legato's then current
documentation for such SOFTWARE. This warranty covers only problems reported to Legato during the warranty period. ANY
LIABILITY OF LEGATO WITH RESPECT TO THE SOFTWARE OR THE PERFORMANCE THEREOF UNDER ANY
WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT
REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN LEGATO'S OPINION, IMPRACTICAL, TO
REFUND OF THE LICENSE FEE. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS OR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, Legato DOES NOT WARRANT,
GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE OF THE
SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE AGREEMENT, SOME STATES DO
NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU
MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. The Licensee understands
that Legato is not responsible for and will have no liability for hardware, software, or other items or any services provided by any
persons other than Legato. Legato shall have no liability for delays or failures beyond its reasonable control.
LEGATO OR ANY SUBLICENSOR SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER
OF THIS LICENSE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR
EQUITABLE THEORY: A) FOR LOSS OR INACCURACY OF DATA OR (EXCEPT FOR RETURN OF AMOUNTS PAID TO
LEGATO THEREFORE), COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, B) FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF
REVENUES AND LOSS OF PROFITS; OR C) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.
EXPORT CONTROLS. You shall comply with the US Foreign Corrupt Practices Act and all applicable export laws, restrictions,
and regulations of the United States or foreign agency or authority. You will not export, or allow the export or re-export of the
Software in violation of any such laws, restrictions or regulations. You shall obtain and bear all expenses relating to any necessary
licenses and/or exemptions with respect to the export from the US of the Software to any location so as to be in compliance with
all applicable laws and regulations prior to delivery thereof by Licensor.
MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and
supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both
parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to
the extent necessary to make it enforceable. This Agreement shall be governed by and construed under California law as such
law applies to agreements between California residents entered into and to be performed within California.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth
in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in
subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause in DFARS 252.227-7013, and in similar
clauses in the NASA FAR Supplement.
Legato NetWorker Installation Guide, MPE/iX Version, Release 5.5
December 1998 – P/N 22-1886-01
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