VERITAS TECHNOLOGIES LLC AND/OR ITS AFFILIATES (“VERITAS”) IS WILLING TO LICENSE THE LICENSED SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE LICENSED SOFTWARE (REFERENCED BELOW AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT (“LICENSE AGREEMENT”). READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE LICENSED SOFTWARE. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND VERITAS. BY CLICKING THE “I AGREE” OR “YES” BUTTON, OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING OR OTHERWISE USING THE LICENSED SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “I DO NOT AGREE” OR “NO” BUTTON OR OTHERWISE INDICATE REFUSAL AND MAKE NO FURTHER USE OF THE LICENSED SOFTWARE.
1. License Rights. Subject to Your compliance with the terms and conditions of this License Agreement, Veritas grants to You a non-exclusive, non-transferable license to use a reasonable number of copies of the Licensed Software solely in support of Your use of NetBackup Self Service for which You have a license. “Licensed Software” means the Veritas software program, in object code form, accompanying this License Agreement, including any associated program documentation included in, or provided for use with, such software.
2. License Restrictions. You may not, without Veritas’ prior written consent, conduct, cause or permit the: (i) use, copying, modification, rental, lease, sublease, sublicense, or transfer of the Licensed Software except as expressly provided in this License Agreement; (ii) creation of any derivative works based on the Licensed Software, except as expressly provided in this License Agreement; (iii) reverse engineering, disassembly, or decompiling of the Licensed Software (except that You may decompile the Licensed Software for the purposes of interoperability only to the extent permitted by and subject to strict compliance under applicable law); (iv) use of the Licensed Software in connection with service bureau, facility management, timeshare, service provider or like activity whereby You operate or use the Licensed Software for the benefit of a third party; or (v) use of the Licensed Software by any party other than You, except as expressly provided in this License Agreement.
3. Ownership/Title. The Licensed Software is the proprietary property of Veritas or its licensors and is protected by copyright and patent laws. Veritas and its licensors retain any and all rights, title and interest in and to the Licensed Software, including in all copies, improvements, enhancements, modifications and derivative works of the Licensed Software. Your rights to use the Licensed Software shall be limited to those expressly granted in this License Agreement. All rights not expressly granted to You are retained by Veritas and/or its licensors.
4. Third Party Programs. This Licensed Software may contain third party software programs (“Third Party Programs”) that are available under open source or free software licenses. This License Agreement does not alter any rights or obligations You may have under those open source or free software licenses. Notwithstanding anything to the contrary contained in such licenses, the disclaimer of warranties and the limitation of liability provisions in this License Agreement shall apply to such Third Party Programs.
5. Warranty and Limitation of Liability.
5.1. Warranty Disclaimer. THE LICENSED SOFTWARE IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED.
5.2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL VERITAS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF VERITAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. No Support or Maintenance. Veritas does not offer support or maintenance for the Licensed Software
7. Data Collection; Data Protection Regulations. In connection with Customer’s use of the Licensed Software, Veritas may collect, retain, disclose and use certain information (“Collected Data”). Collected Data may include, but is not limited to, personally identifiable information about Customer, Customer devices or systems or Customer software usage. Veritas use(s) such Collected Data to enable, optimize and provide the Licensed Software or maintenance/support to Customer (and may engage third parties to do so as well) and to improve Veritas’ products and Licensed Software in general, including by reviewing aggregate data for statistical analyses. By installing and/or using the Licensed Software, Customer agrees to allow Veritas to collect Collected Data as described in this section. Please refer to Veritas’ product privacy notices at www.veritas.com/company/privacy in order to fully understand what information Veritas collects, retains, discloses, and uses from Customer or Customer devices. Please note that the use of the Licensed Software may be subject to data protection laws or regulations in certain jurisdictions. Customer are responsible for ensuring that Customer’s use of the Licensed Software is in accordance with such laws or regulations. Where Customer’s processing of the personal data provided to Veritas under this Agreement is subject to the General Data Protection Regulation (EU) 2016/679, or other applicable laws that relate to the processing of personal data and privacy that may exist in the European Economic Area, Switzerland, Veritas shall process such personal data in accordance with the Data Processing Terms and Conditions at www.veritas.com/gdpr.
8. Export Regulation. You acknowledge that the Licensed Software and related technical data and services (collectively "Controlled Technology") are subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not to export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required.
9. Term and Termination. This License Agreement will continue as long as You are in compliance with its terms. In the event You breach this License Agreement, it will automatically terminate. Upon termination, You must immediately stop using and destroy all copies of the Licensed Software within Your possession or control. The Ownership/Title, Warranty and Limitation of Liability and General sections of this License Agreement will survive termination of the Agreement.
10. General. You may not assign the rights granted hereunder or this License Agreement, in whole or in part and whether by operation of contract, law or otherwise, without Veritas’ prior express written consent. Veritas may audit Your use of the Licensed Software. If You are located in North America or Latin America, this License Agreement will be governed by the laws of the State of California, United States of America. If You are located in China, this License Agreement will be governed by the laws of the Peoples Republic of China. Otherwise, this License Agreement will be governed by the laws of England. Such governing laws are exclusive of any provisions of the United Nations Convention on Contracts for Sale of Goods, including any amendments thereto, and without regard to principles of conflicts of law. If any provision of this License Agreement is found partly or wholly illegal or unenforceable, such provision shall be enforced to the maximum extent permissible, and remaining provisions of this License Agreement shall remain in full force and effect. A waiver of any breach or default under this License Agreement shall not constitute a waiver of any other subsequent breach or default. This License Agreement is the complete and exclusive agreement between You and Veritas relating to the Licensed Software and supersedes any previous or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter.
11. Apple iTunes App Store Requirements. If the Licensed Software is downloaded from the Apple iTunes App Store (“App Store”), You acknowledge and agree to the following additional terms: (a) This License Agreement is between You and Veritas only, and not with Apple, Inc. (“Apple”) and Apple has no liability for the Licensed Software and its content; (b) Your use of the Licensed Software is limited to use on an Apple-branded product running the iOS operating system that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service; (c) Apple has no obligation to furnish any maintenance and support services with respect to the Licensed Software; (d) in the event of any failure of the Licensed Software to conform to any applicable warranty that has not been disclaimed, (i) You may notify Apple, and Apple will refund the purchased price You paid through the App Store for the Licensed Software and (ii) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Licensed Software; (e) Apple is not responsible for any claims, losses, liabilities, damages, costs or expenses relating to the Licensed Software or Your possession and/or use of the Licensed Software, including, but not limited to (i) product liability or warranty claims; (ii) any claim that the Licensed Software fails to conform to any applicable legal or regulatory requirement and (iii) consumer protection or similar claims; (f) Apple is not responsible for investigating, defending, settling or discharging any third party claims that the Licensed Software or Your possession and use of the Licensed Software infringes such third party’s intellectual property right; (g) You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; (h) should You have any questions concerning this License Agreement, or if You desire to contact Veritas for any reason, please write to Veritas customer service at: (i) 555 International Way, Springfield, Oregon 97477, U.S.A., (ii) PO BOX 5689, Dublin 15, Ireland or (iii) 10 Eunos Road 8, #09-02, Singapore Post Centre, Singapore, 408600; (i) you are responsible for complying with any applicable third party terms of agreement when using the Licensed Software; and (j) Apple and its subsidiaries are third party beneficiaries of this License Agreement; as a third party beneficiary, Apple will have the right to enforce this License Agreement against You.]