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Appendix D Internal Code License Statement 205
Appendix D
interoperability when such information is not otherwise
readily available); or (iii) sublicense, assign, or lease the
Internal Code or permit another person to use such Internal
Code, or any copy of it. If you need a backup or archival
copy of the Internal Code, StorageTek, or your authorized
StorageTek distributor or reseller, will make one available to
you, it being acknowledged and agreed that you have no
right to make such a copy.
10. Nothing in the license set forth in paragraph 3 above or in
this entire Notice shall convey, in any manner, to you any
license to or title to or other right to use any Maintenance
code, or any copy of such Maintenance Code. Maintenance
Code and StorageTek’s service tools and manuals may be
kept at your premises, or they may be supplied with a unit of
Equipment sent to you and/or included on the same media
as Internal Code, but they are to be used only by
StorageTek’s customer service personnel or those of an entity
licensed by StorageTek, all rights in and to such Maintenance
Code, service tools and manuals being reserved by
StorageTek or its licensors. You agree that you shall not use
or attempt to use the Maintenance Code or permit any other
third party to use and access such Maintenance Code.
11. You, the end user, agree to take all appropriate steps to
ensure that all of your obligations set forth in this Notice,
particularly in paragraphs 4 and 5, are extended to any
third party having access to the Equipment.
12. You may transfer possession of the Internal Code to another
party only with the transfer of the Equipment on which its use
is authorized, and your license to use the Internal Code is
discontinued when you are no longer an owner or a rightful
possessor of the Equipment. You must give such transferee all
copies of the Internal Code for the transferred Equipment that
are in your possession, along with a copy of all provisions of
this Notice. Any such transfer by you is automatically (without
further action on the part of either party) expressly
13. subject to all the terms and conditions of this Notice
passing in full to the party to whom such Equipment is
transferred, and such transferee accepts the provisions
of this license by initial use of the Internal Code. You
cannot pass to the transferee of the Equipment any
greater rights than granted under this Notice, and shall
hold StorageTek harmless from any claim to the
contrary by your transferee or its successors or assigns.
In addition, the terms and conditions of this Notice
apply to any copies of Internal Code now in your
possession or use or which you hereafter acquire from
either StorageTek or another party.
14. You acknowledge that copies of both Internal Code and
Maintenance Code may be installed on the Equipment
before shipment or included with the Equipment and
other material shipped to you, all for the convenience of
StorageTek’s service personnel or service providers
licensed by StorageTek, and that during the warranty
period, if any, associated with the Equipment, and
during periods in which the Equipment is covered under
a maintenance contract with StorageTek or service
providers licensed by StorageTek, both Internal Code
and Maintenance Code may reside and be executed in
or used in connection with such Equipment, and you
agree that no rights to Maintenance Code are conferred
upon you by such facts. StorageTek or the licensed
service provider may keep Maintenance Code and
service tools and manuals on your premises but they are
to be used only by StorageTek’s customer service
personnel or those of service providers licensed by
StorageTek. You further agree that upon (i) any
termination of such warranty period or maintenance
contract period; or (ii) transfer of possession of the
Equipment to another party, StorageTek and its
authorized service providers shall have the right with
respect to the affected Equipment to remove all service
tools and manuals and to remove or disable all
Maintenance Code and/or replace Microcode which
includes both Internal Code and Maintenance Code
with Microcode that consists only of Internal Code.