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204 Internal Code License Statement Appendix D
Internal Code License Statement
NOTICE
INTERNAL CODE LICENSE
PLEASE READ THIS NOTICE CAREFULLY BEFORE INSTALLING AND OPERATING THIS EQUIPMENT. THIS NOTICE IS A LEGAL
AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY), THE END USER, AND STORAGE TECHNOLOGY
CORPORATION (“STORAGETEK”), THE MANUFACTURER OF THE EQUIPMENT. BY OPENING THE PACKAGE AND
ACCEPTING AND USING ANY UNIT OF EQUIPMENT DESCRIBED IN THIS DOCUMENT, YOU AGREE TO BECOME BOUND BY
THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT OPEN THE
PACKAGE AND USE THE EQUIPMENT. IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR COMPANY, DO NOT OPEN
THE PACKAGE AND USE THE EQUIPMENT. IF YOU HAVE ANY QUESTIONS, CONTACT THE AUTHORIZED STORAGETEK
DISTRIBUTOR OR RESELLER FROM WHOM YOU ACQUIRED THIS EQUIPMENT. IF THE EQUIPMENT WAS OBTAINED BY YOU
DIRECTLY FROM STORAGETEK, CONTACT YOUR STORAGETEK REPRESENTATIVE.
1. Definitions: The following terms are defined as
followed:
a. “Derivative works” are defined as works based upon
one or more preexisting works, such as a translation
or a musical arrangement, or any other form in
which a work may be recast, transformed, or
adapted. A work consisting of editorial revision,
annotations, elaboration, or other modifications
which, as a whole, represent an original work of
authorship, is a Derivative work.
b. “Internal Code” is Microcode that (i) is an integral
part of Equipment, (ii) is required by such Equipment
to perform its data storage and retrieval functions,
and (iii) executes below the user interface of such
Equipment. Internal code does not include other
Microcode or software, including data files, which
may reside or execute in or be used by or in
connection with such Equipment, including, without
limitation, Maintenance Code.
c. “Maintenance Code” is defined as Microcode and
other software, including data files, which may reside
or execute in or be used by or in connection with
Equipment, and which detects, records, displays,
and/or analyzes malfunctions in the Equipment.
d. “Microcode” is defined as a set of instructions
(software) that is either imbedded into or is to be
loaded into the Equipment and executes below the
external user interface of such Equipment. Microcode
includes both Internal Code and Maintenance Code,
and may be in magnetic or other storage media,
integrated circuitry, or other media.
5. The Equipment you have acquired by purchase or lease is
manufactured by or for StorageTek and contains
Microcode. By accepting and operating this Equipment,
you acknowledge that StorageTek or its licensor(s) retain(s)
ownership of all Microcode, as well as all copies thereof,
that may execute in or be used in the operation or
servicing of the Equipment and that such Microcode is
copyrighted by StorageTek or its licensor(s).
6. StorageTek hereby grants you, the end user of the
Equipment, a personal, nontransferable (except as
permitted in the transfer terms in paragraph 7 below),
nonexclusive license to use each copy of the Internal Code
(or any replacement provided by StorageTek or your
authorized StorageTek distributor or reseller) which license
authorizes you, the end user, to execute the Internal Code
solely to enable the specific unit of Equipment for which the
copy of Internal Code is provided to perform its data
storage and retrieval functions in accordance with
StorageTek’s (or its licensor’s) official published
specifications.
7. Your license is limited to the use of the Internal Code as set
forth in paragraph 3 above. You may not use the Internal
Code for any other purpose. You may not, for example, do
any of the following:
8. (i) access, copy, display, print, adapt, alter, modify, patch,
prepare Derivative works of, transfer, or distribute
(electronically or otherwise) or otherwise use the Internal
Code;
9. (ii) reverse assemble, decode, translate, decompile, or
otherwise reverse engineer the Internal Code (except as
decompilation may be expressly permitted under
applicable European law solely for the purpose of gaining
information that will allow