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96154 • Revision K Notices xxxi
5. Nothing in the license set forth 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.
6. You, the end user, agree to take all appropriate steps
to ensure that all of your obligations set forth in this
Notice are extended to any third party having
access to the Equipment.
7. 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
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.
Any such transfer by you is automatically (without
further action on the part of either party) expressly
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.
8. 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.