 

                       END USER SOFTWARE LICENSE 

                   For StoreVault SVMCLI Utility Software

IMPORTANT:  READ THIS LICENSE CAREFULLY BEFORE USING PRODUCT


THIS PRODUCT CONTAINS CERTAIN COMPUTER PROGRAMS AND OTHER PROPRIETARY
MATERIAL, THE USE OF WHICH IS SUBJECT TO THIS END USER SOFTWARE LICENSE
AGREEMENT. THIS LICENSE IS ENFORCEABLE EVEN IF YOU HAVE NOT GIVEN YOUR WRITTEN
APPROVAL.  USE OF THIS PRODUCT INDICATES ASSENTION TO AND ACCEPTANCE OF THIS
END USER SOFTWARE LICENSE AGREEMENT IN ITS ENTIRETY.  IF YOU DO NOT AGREE WITH
ALL THE TERMS, YOU MUST CLICK ON THE REJECT BUTTON BELOW, OR RETURN THE UNUSED
PRODUCT(S), INCLUDING ALL MANUALS AND DOCUMENTATION, TO NETWORK APPLIANCE,
INC.

1.	LICENSE

Network Appliance, Inc. (NetApp, us or we) grants you a nonexclusive license
to use the accompanying StoreVault SVMCLI Utility software as specified herein
in machine-readable form (Software), together with the accompanying
documentation.  You may not transfer your rights under this license.  You may
only use the Software on our products in the manner specified in the user
documentation.  You have no right to receive any source code or design
documentation relating to the Software.  NetApp owns all Software, copies of
Software, and all derivative works.  

2.	RESTRICTIONS

The Software is copyrighted and title to all copies is retained by NetApp.
You may not make any copies of the Software except as reasonably required for
backup purposes.  You shall not (nor shall you allow any third party to: 
     (a) decompile, disassemble, decrypt, extract, or otherwise reverse engineer or
         attempt to reconstruct, or discover any source code or underlying ideas,
         algorithms, or file formats of, or used in, the Software by any means
         whatever; or 
     (b) remove or conceal any product identification, copyright or
         other notices contained in or on the Software or Products; or (c) except as
         specified in the applicable user documentation provided by NetApp, modify,
         incorporate into or with other software or create a derivative work of any
         part of the Software.

You must not publish or provide any results of benchmark tests run on the
Software to a third party without NetApps prior written consent.
The Software is our confidential property and is protected by copyrights
and/or by one or more U.S. patents issued or pending.  You must take adequate
steps to protect the Software from unauthorized disclosure or use.
The Software shall only be used in conjunction with NetApps Data ONTAP
operating system, which is separately licensed as an embedded operating
system, and solely for use with NetApp systems and not used on a standalone
basis or combined with other non-NetApp systems.

You shall permit NetApp or its licensors to audit your records, systems and
usage connected with the Software at reasonable times during regular business
hours upon reasonable notice.  For software licensed by NetApp from third
parties, you shall use such software only to interoperate or communicate with
extended client implementations or protocols and not on a personal computer
independent of the Software. 

3.	TERMINATION OF LICENSE

This License is effective until terminated.  The License will terminate
automatically if you fail to cure any material breach of this Agreement within
thirty (30) days after such breach first occurs (or immediately in the case of
a breach of Section (2).    If you are using the Software for evaluation, your
license expires 30 days after you receive it.  Upon termination, you shall
immediately cease all use of the Software and return or destroy all copies of
the Software and all portions thereof and so certify to NetApp.  

When your license terminates, you must immediately stop using the Software;
deinstall it from all machines at your site; return or destroy all copies of
the Software and all documentation; and certify to us that you have done these
things. 

When you install upgraded Software, you lose your license to use the previous
version.  You must discontinue using the previous version immediately upon
installing the upgrade.

Except for the License and except as otherwise expressly provided herein, the
terms of the Agreement shall survive termination.  Termination is not an
exclusive remedy and all other remedies will be available whether or not the
License is terminated. Notwithstanding the above and upon termination of this
license, destruction of all copies of the Software does not include copies
stored in the system backups.

4.  LIMITED WARRANTY AND DISCLAIMER

Subject to the conditions and limitations on liability stated in this
Agreement, NetApp warrants for a period of ninety (90) days from your
acquisition of the Software that:  
       (a) the Software will materially conform to NetApps then current 
           documentation for such Software; and 
       (b) that the media containing the Software (but not the Software itself) 
           is free from physical defects.  This warranty covers only problems 
           that you report to NetApp during the warranty period, and that NetApp 
           confirms exist. You understand that NetApp is not responsible for 
           and will have no liability for hardware, software, or other items 
           or any services provided by any persons other than NetApp or its 
           authorized agents.  Maintenance and support, if any, are governed 
           by a separate agreement. Products or Software which have been abused,
           misused, damaged in transport, altered, neglected or subjected to unauthorized
           repair or installation, as determined by NetApp, are not covered by this
           Warranty.

NETAPPS LIABILITY WITH RESPECT TO THE SOFTWARE OR THE SOFTWARES PERFORMANCE
UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY IS LIMITED
EXCLUSIVELY TO PRODUCT REPAIR OR REPLACEMENT, AT NETAPPS DISCRETION. THE
SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS ARE OTHERWISE PROVIDED "AS IS"
WITHOUT ANY WARRANTY INCLUDING, WITHOUT LIMITATION, WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES; THESE
LIMITATIONS MAY NOT APPLY TO YOU.

WARNING:  THE SOFTWARE IS NOT DESIGNED FOR USE IN ON-LINE CONTROL EQUIPMENT IN
HAZARDOUS ENVIRONMENTS SUCH AS OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR CONTROL, OR DIRECT LIFE SUPPORT MACHINES.  WE ARE NOT LIABLE FOR
ANY COSTS, LIABILITIES OR DAMAGES RESULTING FROM THE USE OF THE SOFTWARE IN
SUCH AN ENVIRONMENT.

5.	LIMITATIONS OF LIABILITY

OUR TOTAL LIABILITY FOR ANY DAMAGE OR CLAIM ARISING FROM LICENSING OR USE OF
THE SOFTWARE IS YOUR TOTAL PURCHASE PRICE FOR THE SOFTWARE.  WE ARE NOT LIABLE
FOR ANY INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES; LOST DATA, PROFITS,
SAVINGS, OR REVENUES; OR FOR ANY OCCURRENCE BEYOND OUR CONTROL.

6.	U.S. GOVERNMENT AND EXPORT REGULATIONS

If you are acquiring the Software and accompanying documentation on behalf of
the U.S. Government, special provisions apply.  If the Software is supplied to
the Department of Defense (DOD), the Software is subject to Restricted Rights,
as that term is defined in the DOD Supplement to the Federal Acquisition
Regulations (DFAR) in paragraph 252.227-7013(c)(1).  If the Software is
supplied to any unit or agency of the United States Government other than DOD,
the Governments rights in the Software will be defined in paragraph
52.227-19(c)(1) or (2) of the Federal Acquisition Regulations (FAR), as
applicable.  Use, duplication, reproduction or disclosure by the Government is
subject to such restrictions or successor provisions.  Contractor/Manufacturer
is:  Network Appliance, Inc., 495 East Java Drive, Sunnyvale, CA 94089.
Our Software is subject to U.S. export control laws and may be subject to
export or import regulations in other countries.  You must comply with all
applicable regulations and obtain licenses to export, re-export, or import the
Software.
  
7.  TRANSFERABILITY OF LICENSE

YOU MAY NOT ASSIGN OR TRANSFER THE LICENSE OR THE AGREEMENT WITHOUT NETAPPS
PRIOR WRITTEN APPROVAL; ANY ATTEMPT TO DO SO SHALL BE VOID.

8.	GENERAL

Any notice, report, approval or consent required or permitted by this
Agreement shall be in writing.  No failure to exercise, and no delay in
exercising, on the part of either party, any privilege, any power or any
rights under this Agreement will operate as a waiver of those rights, nor will
any single or partial exercise of any right or power preclude further exercise
of any other right.  If any provision of this Agreement shall be adjudged by
any court of competent jurisdiction to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent necessary so
that this Agreement shall otherwise remain in full force and effect and
enforceable.  This Agreement shall be deemed to have been made in, and shall
be construed pursuant to, the laws of the State of California and the United
States excluding their conflicts of laws provisions.  You agree that a
material breach of this Agreement by you would cause irreparable injury to
NetApp for which monetary damages would not be an adequate remedy and that
NetApp shall be entitled to equitable relief in addition to any remedies it
may have hereunder or at law.  Any waivers or amendments shall be effective
only if made in writing by non-preprinted agreements clearly understood by
both parties to be an amendment or waiver and signed by a representative of
the respective parties authorized to bind the parties.  Both parties agree
that this Agreement is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous written
and oral agreements and communications relating to the subject matter of this
Agreement.
