
Quantum Corporation

Client Plugin End User License Agreement

This License Agreement ("License" and/or "Agreement") defines the terms
and conditions of the license between Quantum Corporation, a Delaware
corporation with corporate headquarters located at 224 Airport Parkway,
San Jose, CA  95110 ("Quantum") and the Licensee (as defined below) for
use of Quantum's Software and Documentation.  Any Software or
Documentation provided to Licensee by Quantum will be subject to the terms
and conditions of this License, and by downloading, installing, or using
the Software or Documentation, Licensee signifies its agreement with this
License.  If Licensee does not agree to all of the terms of this License,
then Licensee must not download, install, or use the Software or
Documentation.

1. Definitions:
    a. "Designated System" or "Product" means a Quantum DXi.
    b. "Documentation" means the published documentation accompanying the
       Software or Products or available online at Quantum's website, (as
       applicable) in any form or media provided.
    c. "Licensee" shall mean the individual or legal entity that downloads,
       uses, and/or installs Software in any form, including use following
       installation and/or download on the Designated System by a third
       party on behalf of the Licensee.
    d. "Open Source Software" means those third party software components
       identified as such in the Documentation or in the "About", "Readme"
       or similar files in the Product, which are required to be licensed
       under separate terms and conditions by the supplier of such Open
       Source Software ("Open Source License") and which are delivered as
       part of the Products.
       To obtain a copy of the source code for the Open Source Software,
       please contact Quantum.  A copy of the applicable Open Source
       License is provided with the Open Source Software, in the
       Documentation, or via the following link on the Quantum website:
       www.quantum.com/opensource.
    e. "Software" means the current version of Quantum proprietary software
       program(s) accompanying this license, in object code form only.
       Software does not include Open Source Software.

2. License.
    a. License Grant.  Quantum grants to Licensee a personal,
       non-exclusive, non-transferable license to use Software with the
       Designated System.
    b. Open Source.  Licensee acknowledges that Open Source Software is
       licensed separately pursuant to the applicable Open Source License.
       Licensee's use of any Open Source Software shall be subject to and
       Licensee agrees to comply with the applicable restrictions and
       other terms and conditions of the applicable Open Source License.
    c. Use.  Licensee is authorized to use the Software on the Designated
       System only, or on backup equipment if the Designated System is
       inoperative until such time as the Designated System is restored to
       operation.  This grant is specifically limited to use by the
       Licensee for normal, customary, internal data processing, and
       specifically excludes Licensee's time-sharing or the rental of the
       Software or use of the Software in the development or marketing of
       a competitive or compatible product.  No right to use, print, copy,
       or display the Software or Documentation, in whole or in part, is
       granted hereby except as expressly provided in this License.
    d. Copying.  Licensee may copy Software in a non-printed,
       machine-readable form for archival and backup purposes only, and
       copy the Documentation as needed for internal use only of licensed
       Software.  In order to protect Quantum's trade secret and copyrights
       in the Software and Documentation, Licensee agrees to reproduce and
       incorporate Quantum's proprietary rights, trade secret or copyright
       notices in any copy or partial copy in the same form an manner as on
       the original, and will maintain appropriate records of the location
       of such copy.
    e. US Government Rights.  If the Licensee is the United States
       government, Licensee understands and agrees that the Software and
       Documentation are provided as "Commercial Items" as defined at 48
       CFR 2.101 and are being licensed to U.S. Government end users
       consistent with 48 CFR 12.212 and DFAR Section 227.7202, as
applicable.
    f. Import/Export Regulation.  Software and Documentation, including
       technical data, is subject to U.S. export control laws, including
       the U.S. Export Administration Act and its associated regulations,
       and may be subject to export or import regulations in other
       countries.
       Licensee agrees to comply strictly with all such regulations and
       acknowledges that it has the responsibility to obtain licenses to
       export, re-export, or import Software or Documentation.

3. Software Ownership and Protection
    a. Title to Software.  The Software, Open Source Software and
       Documentation are licensed, not sold.  All right, title, and
       interest in and to the Software, Open Source Software and
       Documentation and in any ideas, know-how, and programs which may be
       developed by Quantum in the course of providing support, including
       any enhancements or modifications and all intellectual property
       rights embodied therein, will at all times remain the property of
       Quantum or its licensors.  Licensee hereby acknowledges that the
       Products are protected by the copyright laws and other laws
       pertaining to intellectual property and proprietary rights in
       the United States and other countries.  Licensee is aware that this
       License confers only the right to use the Products while this
       License is in effect.  It does not convey any rights of ownership
       in or to the Software, Open Source Software or Documentation.
    b. Restrictions.  Licensee will not itself or permit others to:
        i. sell, sublicense, transfer, publish, disclose, display, provide
           access via a network or otherwise make available the Software
           or Documentation or any copy thereof to others;
        ii. remove, obscure, or alter any copyright, trade secret,
           trademark, patent or other proprietary rights notice affixed to
           or displayed on the Software or Documentation;
        iii. modify, merge with other programs or translate any portion of
           the Software or Documentation into any other assembly or
           language; and
        iv. reverse-assemble, reverse-compile or attempt to derive a
           source code equivalent of the Software, except to the extent
           expressly permitted by law provided that if you need information
           in order to assist in debugging a modified Open Source Software
           library, contact Quantum for assistance.
           If Licensee is located within the European Union, please
           contact Quantum for information regarding interoperability.
    c. Protections.  Licensee agrees to secure and protect the Software,
       the Documentation, and copies thereof in a manner consistent with
       Quantum's rights therein and to take appropriate action to satisfy
       its obligations in this Agreement by instruction or agreement with
       its employees, agents, subcontractors or others who are permitted
       access to the Software and Documentation.  All programs or copies
       developed by or for Licensee in violation of this License, including
       translations, compilations, partial copies and up-dates, are owned
       by Quantum.
    d. Responsibility.  Licensee has sole responsibility for use of the
       Products and any information entered, used, or stored thereon,
       including responsibility for protection of data from modification,
       destruction, or disclosure, and for the accuracy and integrity of
       the data.  Quantum assumes no responsibility for Licensee's
       negligence or failure to protect its data.

4. No Warranty.

SOFTWARE IS BEING PROVIDED "AS IS."  QUANTUM CORPORATION DOES NOT
GUARANTEE SOFTWARE NOR DOES QUANTUM PROVIDE ANY WARRANTIES WHATSOEVER,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LICENSEE ASSUMES THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE OF
SOFTWARE.  IN NO EVENT SHALL QUANTUM CORPORATION BE LIABLE FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS FOR LOSS
OF BUSINESS OR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO LOSS OF OR
DAMAGE TO DATA, EVEN IF QUANTUM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH POTENTIAL LOSS OR DAMAGE.  Local law may apply and may not allow
the exclusion or limitation of implied warranties or liability for
incidental or consequential damages, so the above limitations may not
apply.

5. Term and Termination.

This License commences upon installation,
download, and/or use and will continue uninterrupted unless Licensee fails
to comply with any conditions of this License whereupon Quantum may
terminate this License effective upon receipt of notice to Licensee.
Within 30 days after termination of this License, Licensee will certify,
in writing, to Quantum, that Licensee has discontinued the use of all
Software and Documentation and returned to Quantum the original and all
copies of the Software and Documentation in any form maintained by
Licensee.

6. General.
    a. Non-Waiver.  The failure by Quantum at any time to enforce any of
       the provisions of this License or any right or remedy available
       hereunder or at law or in equity, or to exercise any option herein
       provided, shall not constitute a waiver of such provision, right,
       remedy or option or in any way affect the validity of this License.
       The waiver of any default by Quantum shall not be deemed a
       continuing waiver, but shall apply solely to the instance to which
       such waiver is directed.
    b. Audit Rights and Remedies.   Licensee grants to Quantum or its
       independent accountants the right to examine Licensee's relevant
       books, records, accounts and Systems during Licensee's normal
       business hours to verify compliance with this License.
    c. No Assignment or Modification.  This License is not assignable.
       None of the Software or Documentation may be sublicensed, assigned,
       or transferred to any other party without Quantum's prior written
       consent. Any effort contradictory with this is null and void.  This
       License can only be modified by a written agreement executed by the
       parties.
    d. Governing Law and Venue.  This License shall be governed by and
       construed in accordance with the laws of the State of California,
       United States of America, as if performed wholly within the state
       and without giving effect to the principles of conflict of law.
       All disputes shall be resolved by a court of competent jurisdiction
       in the State of California.
    e. Entirety.  This Agreement constitutes the entire agreement between
       the parties concerning the subject matter hereof.  No amendment of
       this Agreement shall be binding on the parties unless mutually
       agreed to and executed in writing by each of the parties.  No
       amendment to this Agreement shall be effective until the Parties
       mutually agree in the form of a written instrument.  Headings used
       herein are for convenience only, are not part of this Agreement, and
       shall not be used in construing it.
    f. Severability.  If any provision of this Agreement is held to be
       invalid by a court of competent jurisdiction, then the remaining
       provisions shall nevertheless remain in full force and effect.  The
       parties further agree to negotiate in good faith a valid and
       enforceable provision that most nearly affects the parties' intent
       and to be bound by the mutually agreed substitute provision.
    g. Language.  The original of this Agreement is in English and Licensee
       waives any right to have it written in any other language.  Section
       headings are for convenience only.
