"AS-IS" End-User License Agreement (EULA)
The software and/or firmware being downloaded, installed, accessed, or used (“Software”) is governed by the terms of this End-User License Agreement (“EULA”), and by downloading, installing, accessing, or using Software, the user (“Licensee”) thereby signifies agreement with this EULA. If Licensee does not agree to all of the terms of this EULA, then Licensee must not download, install, access, or use Software.
Quantum grants to Licensee a personal, non-exclusive, non-transferable license, without the right to sublicense, right to use Software in conjunction with the Quantum product for which it is being distributed, for normal, customary, internal data processing. This EULA specifically excludes Licensee's time-sharing or the rental of the Software. Licensee may copy Software in a non-printed, machine-readable form for archival and backup purposes only. No other right to use, print, copy, or display the Software, in whole or in part, is granted hereby.
Software is subject to U.S. export laws as set forth in the Export Administration Regulations issued by the U.S. Department of Commerce. Licensee certifies that it is not a national or resident of any country under current trade embargo or other highly restricted countries identified by the United States Government, including Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea. Licensee further certifies that it is not identified on any of the restricted party lists issued by the United States Government.
Software (i) was developed by Quantum Corporation and/or its suppliers at its own expense; (ii) is considered a trade secret of Quantum Corporation and/or its suppliers, for all purposes of the U.S. Freedom of Information Act and any successor of like statutes; (iii) is "commercial computer software" subject to limited use as provided in any Quantum contract in support of the government; and, (iv) is proprietary data belonging solely to Quantum Corporation and/or its suppliers. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subdivision (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19.
Ownership of and title to Software (including any copies or reproductions) is retained by Quantum Corporation and/or its suppliers. Attempts to modify, alter or decompile Software are expressly forbidden and shall immediately terminate the limited license granted hereunder. Quantum and/or its suppliers reserve the right to make changes to Software at any time without prior notification.
Software may contain Open Source Software (“OSS”). A list of associated OSS can be found at www.Quantum.com. OSS information may also accompany this license. Licensee acknowledges that OSS is licensed separately pursuant to the applicable OSS License. Licensee’s use of any OSS shall be subject to applicable terms and conditions of the applicable OSS License.
SOFTWARE IS BEING PROVIDED "AS IS." QUANTUM CORPORATION DOES NOT GUARANTEE SOFTWARE NOR DOES QUANTUM PROVIDE ANY WARRANTIES WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE OF SOFTWARE. IN NO EVENT SHALL QUANTUM CORPORATION BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS FOR LOSS OF BUSINESS OR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO LOSS OF OR DAMAGE TO DATA, EVEN IF QUANTUM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. Local law may apply and may not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitations may not apply.