| Overview | Categories | Cmdlets | APIs | Release notes | License |
Data ONTAP® PowerShell Toolkit
|
Data ONTAP® PowerShell Toolkit
|
|||||||
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, updates and upgrades, 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 applicable fees, if any, and the limitations and restrictions set forth herein, NetApp and its licensors grant to You a non-exclusive, non-transferable, worldwide, limited, royalty-free license, without right of sublicense, to install and use the Software, in accordance with the terms contained in the user documentation accompanying the Software (the “Documentation”). Use of the Software outside the scope of the Documentation is unauthorized and shall constitute a material breach of this EULA. The Software is licensed, not sold, to You.
2. License Restrictions.
2.1 Standard Use Restrictions. Subject to any express restrictions contained within Your 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, patent or other notices contained in or on the Software or Documentation; (c) electronically transmit the Software from one computer to another or over a network; (d) 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; (e) 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 (f) 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 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. If You use the Software for such applications, You agree to indemnify, defend and hold NetApp and its licensors harmless from all claims, actions, losses, liabilities, damages, costs and expenses (including attorney fees) arising out of or relating to such prohibited uses.
2.2 Support. NetApp and its licensors are under no obligation to support the Software or to provide You with updates, unless otherwise agreed in writing by an authorized representative of NetApp. If NetApp, at its sole option, supplies updates to You, the updates will be considered part of the Software, and subject to the terms of this EULA.
3. Intellectual Property Rights. The Software is 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 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.
4. 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 cure such non-compliance, plus promptly pay the reasonable costs of conducting such audit.
5. 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 any sums owed hereunder or under any other agreement with NetApp. 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 through 10 shall survive termination of this EULA.
6. Disclaimer of Warranty. THE SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NONINFRINGEMENT, OR WARRANTY THAT THE SOFTWARE IS ERROR-FREE ARE HEREBY DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALD.
7. 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, RELATED CONTENT THROUGH THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, OR OTHERWISE 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.
8. 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.
9. 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 set forth in a “NOTICES” file (e.g., NOTICES.pdf or NOTICES.txt) included within the downloaded files, and/or reproduced within the materials or Documentation accompanying the Software.
10. 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.
NetApp Tools EULA v05-28-10
|
Data ONTAP® PowerShell Toolkit
|
||