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
- 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
- You must reproduce each Driver in its entirety and
without modification, including any copyright notice, serial number and
any other notice on any copy.
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
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
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.