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LEGATO Software

A Division of EMC Corporation

End-User License Agreement

THIS PRODUCT CONTAINS CERTAIN COMPUTER PROGRAMS AND OTHER PROPRIETARY MATERIAL, THE USE OF WHICH IS SUBJECT TO THIS

END-USER LICENSE AGREEMENT (THE "EULA"). DO NOT PROCEED WITH THE INSTALLATION OF THIS PRODUCT UNTIL YOU (LATER DEFINED

AS LICENSEE) HAVE READ THIS EULA AND AGREE TO BE BOUND BY AND BECOME A PARTY TO THIS EULA. BY PROCEEDING WITH THE

INSTALLATION OF THIS PRODUCT (OR AUTHORIZING ANY OTHER PERSON TO DO SO), YOU AND YOUR COMPANY ACCEPT THIS EULA AND

YOU REPRESENT THAT YOU ARE AUTHORIZED TO DO SO. IF YOU ARE ACCESSING THE PRODUCT ELECTRONICALLY INDICATE YOUR

ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THE EULA. IF YOU DO NOT AGREE TO THE TERMS OF

THIS EULA, YOU MAY RETURN THIS PRODUCT, ALL MEDIA AND DOCUMENTATION, AND PROOF OF PAYMENT, TO THE PLACE YOU OBTAINED

THEM FOR A FULL REFUND WITHIN THIRTY (30) DAYS OF FIRST ACQUIRING THIS PRODUCT OR, IF THE PRODUCT IS ACCESSED

ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS EULA AND RETURN PROOF OF PAYMENT IN ACCORDANCE WITH

THE ABOVE REFERENCED RETURN/REFUND PROCESS. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY

OF THIS EULA AND NO SOLICITATION OF ANY SUCH WRITTEN APPROVAL BY OR ON BEHALF OF LEGATO SHALL BE CONSTRUED AS AN

INFERENCE TO THE CONTRARY. IF YOU HAVE ORDERED THIS PRODUCT, LEGATO'S ACCEPTANCE IS EXPRESSLY CONDITIONAL ON YOUR

ASSENT TO THESE TERMS TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY LEGATO, ACCEPTANCE

IS EXPRESSLY LIMITED TO THESE TERMS.

1. DEFINITIONS

1.1 Authorization Code: means the unique code provided to Licensee by

LEGATO for permanent activation of the Software. The Authorization Code

is provided to Licensee once the Enabler Code is registered with LEGATO.

The Authorization Code may be tied to a unique machine ID code supplied

by Licensee.

1.2 Documentation: Documentation: means the user reference materials on

any media, provided by LEGATO for use with the Software.

1.3 Enabler Code: means the code provided by LEGATO for activation of the

Software.

1.4 Licensee: means the person or entity acquiring this License or for whom

this License was acquired.

1.5 Software: means the object code copy of the software program provided

to You in association with this EULA, together with the associated original

media and all accompanying Documentation, and together with all Updates

that may be provided by LEGATO to You from time to time.

2. OWNERSHIP AND ADMINISTRATION OF SOFTWARE

2.1 Ownership and Title. As between the parties, LEGATO, and its licensors,

own and shall retain all right, title, and interest in and to: (i) the Software

including all intellectual property rights embodied therein; (ii) all of the

service marks, trademarks, trade names, or any other designations associated

with the Software; and (iii) all copyrights, patent rights, trade secret rights,

and other proprietary rights relating to the Software.

2.2 Software Activation. LEGATO employs Enabler Codes and

Authorization Codes that enable the use of the Software. The Software is

shipped in a ”Media Kit” which consists of object code software on CD-ROM

and an Enabler Code for initial activation of the Software or the Software and

Enabler Code may be delivered electronically. Once LEGATO receives

confirmation from Licensee that the Software is installed with the correct

Enabler Code, and is provided with the host ID information, LEGATO will

provide the Authorization Code to Licensee. LEGATO administers the

generation and distribution of Enabler and Authorization Codes, which

administration may be modified by LEGATO from time to time.

2.3 Administration of Software. LEGATO may include on the media with

the Software additional computer programs which are not currently licensed

for use by Licensee and to which the Enabler Code or Authorization code will

not permit access. Incl usion of such additional computer programs in no way

implies a license from LEGATO and access or use of such programs is strictly

prohibited unless Licensee procures the right to use any such program and

the applicable Enabler Code is provided thereto.

3. LICENSE GRANT

3.1 Grant. LEGATO grants to Licensee a non-exclusive, nontransferable,

non-sublicensable, perpetual (unless terminated in accordance with the

provisions of this EULA), license (the “License”) to (i) use the Software

installed in accordance with the Documentation and only on the licensed

computer(s) solely for its own internal operations; and (ii) move the Software

temporarily in case of computer system malfunction. The Software may be

licensed: (a) on a per copy or per seat basis, on a physical or virtual machine,

(b) based upon the number of mailboxes or the number of non-concurrent

users for which it may be used, or (c) based upon data volumes it supports.

The License granted under this EULA does not constitute a sale of the

Software or any portion or copy of it. Licensee may not use the Software on

more than one computer system unless otherwise specifically authorized by

an explicit Software product, or additional licenses for additional computers

are purchased. Rights not expressly granted are reserved by LEGATO.

3.2 Copies. Licensee may make copies of the Software provided that any such

copy is: (i) created as an essential step in utilization of the Software as

licensed and is used in no other manner; or (ii) used for archival purposes.

All trademark and copyright notices must be reproduced and included on

such copies. Licensee may not make any other copies of the Software.

3.3 Restrictions on use. Licensee shall not, and shall not aid, abet, or permit

any third party to: (i) decompile, disassemble, or otherwise reverse engineer

or attempt to reconstruct or discover any source code or underlying ideas or

algorithms of the Software by any means whatsoever; (ii) remove any

identification, copyright, or other notices from the Software; (iii) provide,

lease, lend, use for timesharing or service bureau purposes; (iv) create a

derivative work of any part of the Software; or (v) develop methods to enable

unauthorized parties to use the Software. If EC law is applicable, the

restrictions in Section 3.3 (i) are limited so that they prohibit such activity only

to the maximum extent such activity may be prohibited without violating the

EC Directive on the legal protection of computer programs. Notwithstanding

the foregoing, prior to decompiling, disassembling, or otherwise reverse

engineering any of the Software, Licensee shall request LEGATO in writing,

to provide Licensee with such information or assistance and Licensee shall

refrain from decompiling, disassembling, or otherwise reverse engineering

any of the Software unless LEGATO cannot or has not complied with such

request in a commercially reasonable amount of time.

3.4 Purchase Orders. Nothing contained in any purchase order,

acknowledgment, or invoice shall in any way modify the terms or add any

additional terms or conditions to this EULA.

3.5 Updates. This section applies if the Software acquired is an update to the

original Software (the “Update”). An Update does not constitute a legally

licensed copy of the Software unless purchased as an Update to a previously

licensed version of the same Software. The Update may only be used in

accordance with the provisions of this EULA. The Update, together with the

original Software, constitutes one (1) legally licensed copy of the Software.

3.6 Evaluation License. This Section applies if the Software is being used for

an initial thirty (30) day evaluation period. The license is valid only for a

period of thirty (30) days from the delivery of the Software, and is designed

to allow Licensee the right to evaluate the Software during such period. In

the event that Licensee desires to continue to license the Software, Licensee

must purchase a license to the Software. Upon such purchase, Licensee will

be provided with an Enabler Code in accordance with Section 2.2 above. In

the event Licensee determines not to purchase a license for the Software at the

end of such thirty (30) day evaluation period, then Licensee’s rights under

this EULA shall terminate automatically and Licensee shall promptly return

to LEGATO or destroy all copies of the Software and so certify to LEGATO.

3.7 General Public License ("GPL"). The Software may include one or more

components which are derived from software subject to a General Public

License. Any such components are licensed exclusively under the applicable

GPL and not under this EULA.

4. MAINTENANCE AND SUPPORT

4.1 LEGATO has no obligation to provide support, maintenance, upgrades,

modifications, or new releases under this EULA. LEGATO may provide such

services under separate EULA.

5. LIMITED WARRANTY

5.1 Media and Documentation. LEGATO warrants that if the media or

documentation are damaged or physically defective at the time of delivery of

the first copy of the Software to Licensee and if defective or damaged product

is returned to LEGATO (postage prepaid) within thirty (30) days thereafter,

then LEGATO will provide Licensee with replacements at no cost.

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