Software License Agreement
Please read the following terms and conditions carefully before downloading. This is a legal agreement between you and ATTO Technology, Inc. By downloading you hereby indicate your acceptance of these terms and conditions. If you do not agree with these terms and conditions, do not download anything.
- This Agreement is for the drivers/applications that are downloadable from this ATTO Technology, Inc. web site. After you agree to the terms and conditions of this Agreement, you will be allowed to download a driver/application. This Agreement is not a transfer of rights, title or interest between ATTO Technology, Inc. and you. Instead, this Agreement is a license that grants to you certain rights below.
- If you are an employee or agent, you represent and warrant that you have adequate legal capacity to enter into this Agreement on behalf of your employer or principal. As such, your employer or principal is bound by the terms and conditions of this agreement.
- Each Driver contains or embodies proprietary intellectual property of ATTO Technology, Inc. or its licensors. The structure, organization or code are valuable trade secrets of ATTO Technology, Inc. or its licensors. ATTO Technology, Inc. and/or its licensors do not grant, convey or license to you any rights under any patents, copyrights or any other intellectual property except as specifically granted herein.
- You may use each Driver or ATTO ExpressPro-Tools only with the associated ATTO Technology, Inc. hardware. Besides the copy of the Driver necessary to operate that associated ATTO Technology, Inc. hardware, you may make only one additional copy for archival purposes.
- You shall not modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the Driver.
- You can sublicense each Driver to another party only upon terms and conditions that are not broader than those of this Agreement. It shall be your duty and responsibility to assure that such other party agrees to all terms and conditions of this Agreement. Evidence of the other party's concurrence shall be by whatever means you deem appropriate and reasonable.
- You must reproduce each Driver in its entirety and without modification, including any copyright notice, serial number and any other notice on any copy.
- Each driver is provided "as is" without warranty of any kind, either expressed or implied, including but not limited to the warranties of merchantability, non-infringement of third party rights and fitness for a particular purpose. ATTO Technology, Inc. Makes no representations that any driver complies with the applicable statutes, laws or regulations.
You accept ALL risks that may arise from the downloading of the software, including but not limited to errors in transmission or corruption of existing data or software. There is no warranty by ATTO Technology, Inc. to any other party or person that the functions contained in the Driver will meet your requirements or that the operation of the Driver will be uninterrupted or error free. You assume all responsibility for the selection of the Driver to achieve your intended results, and for the installation, use and results obtained from the Driver. Should the Driver prove defective, you (and not ATTO Technology, Inc. or its dealers or distributors or any licensor of ATTO Technology, Inc. or owner of the Driver) assume the entire cost of all necessary servicing, repair or correction.
5. Limitation of Liability
- In no event will ATTO Technology, Inc. or any other party or person be liable to you or any other party for any damages, including lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use the driver even if ATTO Technology, Inc. or the other party has been advised of the possibility of such damages.
6. Applicable Law
- This Agreement will be governed by the laws of the State of New York. You hereby agree to personal jurisdiction in any of the state or federal courts in that state.
7. General Provisions
- If any term or condition of this Agreement is held void or unenforceable by a competent court, all the other terms and conditions shall survive. This Agreement will terminate immediately if you breach any of its terms and conditions. You agree and are solely responsible to ensure that your use or sublicense of the Drivers will not violate any law or treaties of any state or country.
8. Entire Agreement
- This Agreement sets forth the entire agreement and understanding between you and ATTO Technology, Inc. with respect to the subject matter hereof and supersedes and cancels all previous negotiations, agreements, commitments, and writings in respect to the subject matter hereof. Modifications to this Agreement can be made only in writing that is executed by both ATTO Technology, Inc. and you.