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Copyright © 1997, 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. 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 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 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.
The Software and documentation are copyrighted. You may make copies of the Software only for backup and archival
purposes. Unauthorized copying, reverse engineering, decompiling, dissassembling, and creating derivative works
based on 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 based on the Software 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.
SOFTWARE LIMITATIONS
Legato does not warrant that the Software will be free from error or will meet your specific requirements. You assume
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.
LEGATO MAKES NO WARRANTY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SOFTWARE AND MAKES
THE SOFTWARE AVAILABLE SOLELY ON AN “AS IS” BASIS. NEITHER LEGATO NOR ANY SUBLICENSOR
SHALL BE RESPONSIBLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF LEGATO
HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES.
LIMITED WARRANTY ON MEDIA AND DAMAGES DISCLAIMER
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. 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 SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS
SOFTWARE LICENSE AGREEMENT OR THE AGREEMENT OF WHICH IT IS A PART OR ANY ATTACHMENT,
PRODUCT ORDER, SCHEDULE OR TERMS OR CONDITIONS RELATED THERETO UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER 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 OR CONSEQUENTIAL DAMAGES
INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS; OR C) FOR ANY MATTER
BEYOND ITS REASONABLE CONTROL.
Legato NetWorker ClientPak for MPE/iX User’s Guide, Version 5.0
December 1997 – P/N 22-1873-02
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