END USER LICENSE AGREEMENT FOR NETAPP, INC. SOFTWARE

IMPORTANT - READ CAREFULLY:  This End User License Agreement ("EULA") is a legal 
agreement between You either as an individual or as an authorized representative of a business 
entity (hereafter referred to as "You" and/or "Your"), and NetApp, Inc. ("NetApp").  NetApp is 
willing to license to You the NetApp software product accompanying this EULA, which includes, 
without limitation, computer software features, protocols, authorized updates and upgrades or 
other supplements to the software, images, music, text and/or animations incorporated into the 
software, media, printed materials, or online or electronic documentation, provided by NetApp or 
made available for download (collectively referred to as the "Software").  Your download, 
installation and/or use of the Software constitutes acceptance of all of the terms stated herein.  If 
You do not agree with all of these terms, You must promptly return the Software to NetApp or the 
authorized reseller from which You obtained the Software. 

1. 	License Grant.  Subject to payment of the applicable fees and the limitations and 
restrictions set forth herein, NetApp and its licensors grant to You a non-exclusive, 
non-transferable, worldwide, limited license, without right of sublicense, to install and use the 
Software in object code form only on a host computer or storage controller, in accordance with 
the terms contained within Your ordering documentation (Your "Software Entitlement") or as 
specified in the user documentation accompanying the Software (the "Documentation").  If the 
Software is licensed in a cluster, then You are licensed to use one (1) copy of the Software per 
cluster system.  Your license to the Software is further restricted to the particular protocols and 
Documentation licensed hereunder.  Use of the Software outside the scope of Your Software 
Entitlement or Documentation is unauthorized and shall constitute a material breach of this 
EULA and void the warranty and/or support obligations of which You may otherwise be entitled.  

2.	License Restrictions.   For Software licensed to You for use on a storage controller or 
cluster, the license is for a specific controller or cluster identified by a unique serial number. If 
Software is licensed on a clustered system basis, then You shall not be permitted to decompile, 
split, breakup or reassign within a cluster any parts of such a cluster.  Subject to any express 
restrictions contained within Your Software Entitlement or Documentation, 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 of any components used in the Software by any means whatever; (b) remove 
or conceal any product identification, copyright, proprietary, patent or other notices contained in 
or on the Software or Documentation; (c) use any "locked" or restricted feature, function, service, 
application, protocol, operation, or capability without first purchasing the applicable license(s) 
and/or obtaining a valid license enablement key from NetApp, even if such feature, function, 
service, application, protocol, operation or capability is technically achievable without a key; (d) 
sell, lease, rent, lend, sublicense, distribute or otherwise transfer in whole or in part the Software or 
the applicable license enablement key to another party or to a different storage controller or 
cluster; or (e) modify the Software, incorporate it into or with other software, or create a derivative 
work of any part of the Software.  Your modification of the Software will breach this EULA, and 
such derivative work is and shall be owned entirely by NetApp or its licensors; You hereby assign 
and agree to assign to NetApp or the licensor of the Software all right, title and interest in and to 
said derivative work.  You agree to use Software which NetApp has embedded in the NetApp 
equipment ("Embedded Software") solely as embedded in, and for execution on, NetApp 
equipment You originally purchased from NetApp or its authorized resellers. You acknowledge 
that the Software is not designed, licensed or intended for use in the design, construction, 
operation or maintenance of any nuclear facility, aircraft operation, air traffic control or life 
support system.  NetApp disclaims any express or implied warranty of fitness for such uses.  

3.	Benchmark Results.  The results of any benchmark or comparison tests run on Software 
is considered to be the confidential information of NetApp. You may not publish or provide the 
results of any benchmark or comparison tests run on Software to any third party without the prior 
written consent of NetApp.
 
4.	Evaluation License.  The Software may be licensed to You for evaluation use, either 
through the activation of an evaluation Software license key or pursuant to Your corresponding 
order documentation ("Evaluation Software").  If licensed to You for evaluation use, You have a 
non-exclusive, non-transferable, worldwide, limited license, without right of sublicense, to use the 
Evaluation Software and Evaluation Software license keys in a non-production environment, if 
applicable, for thirty (30) days from the date You receive the Evaluation Software or the 
evaluation period referenced within the order documentation.  Notwithstanding the foregoing, if 
You have licensed Single Mailbox Recovery ("SMBR") Evaluation Software You are licensed to 
use the SMBR Evaluation Software for no more than sixty (60) days.  Your use of the 
Evaluation Software is authorized solely for the purpose of evaluating the suitability of the 
Evaluation Software for licensing on a for-fee basis.  The warranty offered below is not 
applicable to Evaluation Software licensed to You; the Evaluation Software is licensed to You 
"AS IS" without warranty of any kind, whether express, implied, statutory or otherwise.  NETAPP 
AND ITS LICENSORS BEAR NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE 
(OR ATTEMPTED USE) OF THE EVALUATION SOFTWARE THROUGH AND AFTER 
EXPIRATION OF THE EVALUATION PERIOD.  NetApp has no duty to provide support of any 
kind to You with respect to Your use of the Evaluation Software.

5.	Intellectual Property Rights.  The Software and Evaluation Software are licensed, not 
sold, to You.  The Software and Evaluation Software are protected by intellectual property and 
copyright laws and treaties worldwide, and may contain trade secrets of NetApp or its licensors, 
who have and maintain exclusive right, title and interest in and to the Software and Evaluation 
Software, and reserve and retain all rights not expressly granted to You herein.  No right, title or 
interest in or to any trademark, service mark, logo or trade name of NetApp or its licensors is 
granted under this EULA.  All title and intellectual property rights in and to software content 
which is not contained in the Software, but may be accessed or used through use of the Software, 
is the product belonging to the respective content owner and may be protected by patents, 
intellectual property and copyright laws and treaties worldwide.  This EULA grants You no rights 
to such content, but use of such content may be governed by the respective terms and conditions 
of use relating to such content.

6.	Audit.  You agree to give NetApp or its licensors and its independent accountants the right 
to examine Your books, records, systems and usage associated with the Software during regular 
business hours upon reasonable notice to verify compliance with this EULA.  If such audit 
discloses non-compliance with this EULA, You shall promptly pay to NetApp the appropriate 
license fees, plus the reasonable costs of conducting such audit.

7.	Termination.  This EULA is effective until terminated.  NetApp may terminate this 
EULA immediately and without notice if You fail to comply with any term of this EULA.  
Termination of this EULA shall not relieve You from Your obligations to immediately pay 
NetApp, or any third party in connection with the financing of fees payable under this EULA, any 
sums owed hereunder or under any other agreement with NetApp or such third party.  Upon 
termination, all rights to use the Software will cease, and You shall promptly destroy the original 
and all copies of the Software and any license enablement keys in Your possession or under Your 
control.  Termination is not an exclusive remedy and all other remedies otherwise entitled by law 
shall remain.  Sections 2, 3, 4, 5, 7 through 12 shall survive termination of this EULA.

8.	Limited Warranty and Disclaimer.  NetApp warrants that the Software, in the form 
originally licensed or downloaded by You, and under normal use and conditions, will materially 
conform to then-current Documentation, and its media will be free from defects in workmanship, 
for a period of ninety (90) days from the earlier of Your receipt of the Software or the date of 
delivery of the Software to You.  This warranty covers only problems that are reproducible and 
verifiable, and does not cover software, or other items or any services provided by any persons 
other than NetApp or its authorized resellers and agents.  Maintenance and support, if any, are 
governed by a separate agreement.  NetApp does not provide support or maintenance services 
for software acquired from a party other than NetApp.  You must obtain support or maintenance 
services for third party software from the third party licensor or its third party representatives.  
Software which has been abused, misused, damaged in transport, modified, or subjected to 
unauthorized use or installation, as determined by NetApp, shall void this warranty.  NetApp's 
sole obligation and Your exclusive remedy under the limited warranties above shall be 
replacement of the Software provided that You return the Software to NetApp with a copy of 
Your receipt or other such acceptable proof of purchase.

EXCEPT FOR THE LIMITED WARRANTIES ABOVE, NETAPP AND ITS LICENSORS, 
DISTRIBUTORS AND RESELLERS MAKE NO OTHER EXPRESS OR IMPLIED 
WARRANTIES WITH REGARD TO THE SOFTWARE AND EVALUATION SOFTWARE.  
NETAPP AND ITS LICENSORS', DISTRIBUTORS' AND RESELLERS' LIABILITY WITH 
RESPECT TO THE SOFTWARE UNDER ANY WARRANTY, NEGLIGENCE, STRICT 
LIABILITY OR OTHER THEORY IS LIMITED EXCLUSIVELY TO SOFTWARE 
REPLACEMENT.  THE SOFTWARE, EVALUATION SOFTWARE AND THE 
ACCOMPANYING DOCUMENTATION ARE OTHERWISE PROVIDED "AS IS" WITHOUT 
ANY WARRANTY INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, 
QUIET ENJOYMENT, CORRESPONDENCE TO DESCRIPTION, NONINFRINGEMENT, OR 
WARRANTY THAT THE SOFTWARE IS ERROR-FREE.  SOME JURISDICTIONS DO NOT 
ALLOW LIMITATIONS OF IMPLIED WARRANTIES; THESE LIMITATIONS MAY NOT 
APPLY TO YOU.

9.	Limitation of Liability.  THE TOTAL LIABILITY OF NETAPP, ITS DISTRIBUTORS 
AND RESELLERS FOR ANY DAMAGE OR CLAIM ARISING FROM USE OF THE 
SOFTWARE OR THE ACCOMPANYING DOCUMENTATION SHALL NOT EXCEED THE 
AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$100.00, WHICHEVER IS 
GREATER.  NETAPP AND ITS DISTRIBUTORS AND RESELLERS ARE NOT LIABLE FOR 
ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES; 
LOST OR CORRUPTED DATA, LOSS OF PROFITS, SAVINGS, OR REVENUES; 
PROCUREMENT OF SUBSTITUTE GOODS, INTERRUPTION OF BUSINESS, OR FOR ANY 
OCCURRENCE BEYOND THEIR CONTROL, RELATED TO THE USE OF OR INABILITY TO 
USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR 
OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH 
THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR 
OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA.  IN NO 
EVENT SHALL NETAPP'S LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND 
INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL 
DAMAGES (WHICH SHALL INCLUDE WITHOUT LIMITATION, DAMAGES FOR LOSS OF 
BUSINESS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, 
OR OTHER PECUNIARY LOSS) WHETHER BASED ON CONTRACT, TORT OR OTHER 
LEGAL THEORY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, 
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.	U.S. Government and Export Regulations.  The Software is a Commercial-Off-The-Shelf 
("COTS") product developed at private expense; no portion of the Software has been developed 
with U.S. Government, State or other public-sector funds; the Software contains trade secrets and 
confidential commercial or financial information exempt from disclosure by 5 U.S.C. Section 
552(B) (3) and (4) (Freedom Of Information Act) and 18 U.S.C. Section 1905 (Trade Secrets Act); 
and the ownership of the Software and any reproductions shall remain with NetApp.  The 
Software is provided to U.S. Government Agencies other than the U.S. Department of Defense 
("DOD") with RESTRICTED RIGHTS and all supporting Documentation is provided with 
LIMITED RIGHTS.  Use, duplication, or disclosure by the U.S. Government is subject to the 
restrictions as set forth in the Commercial Computer Software - Restricted Rights clause at FAR 
52.227-19(b)(2).  If the sale is to a DOD agency, the Government's rights in Software, supporting 
Documentation, and technical data are governed by the restrictions in the Technical Data 
Commercial Items clause at DFARS 252.227-7015 and the Commercial Computer Software and 
Commercial Computer Software Documentation clause at DFARS 227-7202.  
Contractor/Manufacturer is: NetApp, Inc., 495 East Java Drive, Sunnyvale, CA 94089.  Except 
as expressly licensed hereunder, all rights are reserved.

The Software is subject to U.S. export control laws and may be subject to export or import 
regulations in other countries.  You agree to comply with all applicable regulations and obtain 
any applicable licenses or other authorizations to export, re-export, or import the Software.

11.	Third Party Software.  Notwithstanding other statements in this EULA, third party 
software including free, copyleft and open source software components (collectively referred to as 
"Third Party Software"), if any, are distributed in compliance with the particular licensing terms 
and conditions attributable to the Third Party Software.   NetApp provides the Third Party 
Software to You "AS IS" without any warranties or indemnities of any kind.  Copyright notices 
and licensing terms and conditions applicable to the Third Party Software are available for review 
with the Software documentation at http://now.netapp.com, and are included on the media on 
which You received the Software, within a "NOTICE" file (e.g., NOTICE.PDF or NOTICE.TXT) 
included within the downloaded files, and/or reproduced within the materials or Documentation 
accompanying the Software. 

12.	General.  You may not transfer Your rights under this EULA without NetApp's prior 
written approval.  NetApp does not waive any of its rights under this EULA by delaying to 
exercise its rights, or exercising only part of its rights at any time.  Any notice, report, approval or 
consent required or permitted by this EULA shall be in writing.  If any provision of this EULA 
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 the obligations of 
the parties shall remain in full force and effect and enforceable.  This EULA shall be deemed to 
have been made in, and shall be construed pursuant to, the laws of the State of California, United 
States, excluding its conflicts of law provisions.  The United Nations Convention on Contracts for 
the International Sales of Goods is specifically disclaimed.  You acknowledge that breach of this 
EULA would cause irreparable injury to NetApp for which monetary damages would not be an 
adequate remedy and You agree that NetApp shall be entitled to seek equitable relief in addition 
to any remedies it may have hereunder or at law. You acknowledge and agree that NetApp 
reserves the right to control all aspects of any lawsuit or claim that arises or results from Your use 
of the Software. Any amendments or waivers 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 an authorized representative of each party. This EULA is the final and complete 
agreement between the parties relating to the license of the Software hereunder and prevails over 
any conflicting or additional terms of any quote, order, acknowledgment, or similar 
communication between the parties. 

SUPPLEMENTAL LICENSE TERMS

These Supplemental License Terms add to or modify the terms of the EULA set forth above.  
Capitalized terms not defined in these Supplemental License Terms shall have the same meaning 
ascribed to them in Sections 1 through 12 of the EULA.  These Supplemental License Terms shall 
supersede any inconsistent or conflicting terms in Sections 1 through 12 of the EULA.

A.	If you have licensed the CIFS protocol Software the following terms apply:  You may install 
and use only one (1) copy of the Extended Server Implementation (ESI) and Domain Services 
Interaction Implementation only on the same server and for use as a file server as specified in the 
documentation accompanying the Software, and only (i) with respect to the ESI, to interoperate 
or communicate with native Microsoft Windows server operating system products that are 
functioning in a client capacity; and (ii) with respect to the DSII, to interoperate or communicate 
with the domain controller functionality in a Microsoft Windows server operating system product 
for purposes of obtaining services from the domain controller.  You may not install or use the ESI 
or DSII on a computer that is running any Windows client or server operating system. 

B.	If you have licensed SANscreen(r) Software the following terms apply:  SANscreen Software 
is licensed to You on a capacity basis.  SANscreen Limited Edition Software is licensed to You up 
to a certain "licensed capacity"; Your licensed capacity is set forth in Your Software Entitlement 
and Documentation.  Once you have reached the maximum licensed capacity, Your license to 
SANscreen Limited Edition Software expires.  To avoid expiration of Your license to the 
Software, You may bring Your license back into compliance by reducing the size of the managed 
capacity.  If You desire to acquire additional capacity for Your Software, You may purchase 
additional capacity from NetApp or its authorized distributors and resellers.  You are licensed to 
use SANscreen for Your own business operations.  No technical support for the Software is 
provided by NetApp's licensors.  NetApp's licensors shall be a direct and intended third party 
beneficiary of this EULA.  The SANscreen Software contains copyrighted information of Sun 
Microsystems, Inc. and title is retained by Sun.  Use, duplication or disclosure by the United 
States government is subject to the restrictions set forth in the Rights in Technical Data and 
Computer Software clauses in DFARS 252.227-701(c)(1)(ii) and FAR 52.227-19(c)(2) as 
applicable.

C.	If you have licensed Single Mailbox Recovery Software (SMBR) the following terms apply: 
You may only use the SMBR Software with storage systems running Data ONTAP.

D.	If you have licensed SnapLock(r) Software the following terms apply: The Software has been 
designed to enable compliance with "non-rewriteable, non-erasable" governmental regulatory 
requirements.  However, NetApp disclaims and You accept all obligations and liability for 
compliance with applicable governmental regulatory requirements.  You are responsible for 
ensuring that your internal processes, applications and storage are in compliance with all 
applicable governmental regulatory requirements.

You acknowledge that you have been informed and understand that special requirements and 
limitations associated with the use of SnapLock software may be imposed to comply with 
governmental regulations and that SnapLock will disable certain features of Data ONTAP, 
including, but not limited to, SnapRestore(r).  SnapLock will preserve records in non-rewriteable, 
non-erasable format when committed to SnapLock volumes.  Disk drives included in SnapLock 
volumes are designed not to be rewritten or erased, and are subject to limitations with respect to 
maintenance and recovery procedures.  NetApp shall not be required to rewrite or erase such disk 
drives included in SnapLock volumes.  In the course of administering SnapLock volumes, if data 
becomes inaccessible, unusable, or in need of recovery, due to either product service by any party 
or product failure resulting from Your act or omission, You shall be liable for replacement or 
additional disk drives for new SnapLock volumes to comply with non-rewriteable, non-erasable 
governmental regulatory requirements.

You shall indemnify, defend, release and hold harmless NetApp from any and all claims and 
liabilities arising out of Your loss of data, data corruption, need for disk drive replacement or 
additional disk drives due to reconstruction of SnapLock volumes for reasons of either product 
service by any party or product failures resulting from acts or omissions of You or failures other 
than those caused by bugs or errors in the SnapLock Software.  The terms of this paragraph E 
shall survive termination of this EULA.

E.	If you have licensed SnapManager(r) for Oracle(r) and/or SnapManager(r) for SAP(r) the 
following terms apply:  If You have acquired a "host-based" license the Software is licensed to 
You to manage any database mounted to a single host.  If You have acquired a "system-based" 
license the Software is licensed to You to manage any database that stores its data on a System 
regardless of the host on which it is mounted.  If You have licensed SnapManager for Oracle or 
SnapManager for SAP the licensed unit of Software is one (1) license per active/passive HA pair 
and two (2) licenses per active/active HA pair.  You are licensed to use the Software for Your 
own business operations.  No technical support for the Software is provided by NetApp's 
licensors.  NetApp's licensors shall be a direct and intended third party beneficiary of this EULA.


Base Software EULA v06-15-10

