key: netapp-sdk-aug2020 short_name: NetApp SDK License Agreement rev. Aug2020 name: NetApp Manageability SDK License Agreement rev. Aug2020 category: Proprietary Free owner: NetApp homepage_url: https://mysupport.netapp.com/documentation/productlibrary/index.html?productID=60427 spdx_license_key: LicenseRef-scancode-netapp-sdk-aug2020 ignorable_urls: - https://mysupport.netapp.com/documentation/productlibrary/index.html?productID=60427 text: "NETAPP MANAGEABILITY SDK LICENSE AGREEMENT\n\nThis NetApp Manageability SDK License Agreement\ \ (“License”) is entered into between you (as an individual and/or on behalf of the company\ \ by which you are employed) (“You”, “Your” or “Licensee”) and NetApp, Inc., located at 1395\ \ Crossman Avenue, Sunnyvale, California 94089 (“NetApp”), and provides the terms under which\ \ NetApp licenses the NetApp Manageability SDK (“SDK”) to You.\n\nIf You are accessing the\ \ SDK electronically from the NetApp Support Site (\"NSS\"), indicate your acceptance of these\ \ terms by selecting the \"Accept\" button. By accepting the terms of the License, You agree\ \ to be bound by the terms of the License, which includes any other applicable licenses provided\ \ with the SDK. If You do not agree to all of the terms, do not download the SDK. This License\ \ only applies to the SDK licensed by NetApp, Inc. or its affiliates (collectively, \"NetApp\"\ ) and expressly excludes any software that may be made available on the NSS by third parties.\n\  \n1.\tSOFTWARE DEVELOPMENT KIT LICENSE GRANT. The following license terms apply to the NetApp\ \ Manageability Software Development Kit. Subject to the terms and conditions of this License,\ \ NetApp grants You a license to:\n \ni. Internally use the documentation which may include\ \ the \"Getting Started Guide,\" FAQs, API documentation, and trouble-shooting guidelines\ \ (collectively, the \"SDK Documentation\") solely for the purpose of researching, designing,\ \ developing and testing a software application product (the \"Licensee Application)\" for\ \ use with NetApp products;\n\nii. Use, reproduce and distribute the language libraries in\ \ object code form for those languages where such use, reproduction and distribution is possible\ \ in object code form and in source code form only for those languages where such use, reproduction\ \ and distribution in object code form is not possible, such as scripting languages, and only\ \ as incorporated into the Licensee Application; provided, however, that You (A) do not modify\ \ the language libraries; (B) reproduce and include the copyright notice that appears in the\ \ language libraries as provided by NetApp, and (C) distribute the Licensee Application incorporating\ \ the language libraries pursuant to terms no less restrictive than those set forth herein;\ \ and\n\niii. Use, reproduce, modify and create derivatives of the sample code which may include\ \ utilities (the \"Sample Derivatives\") and reproduce and distribute the Sample Derivatives\ \ in object code form as incorporated in the Licensee Application; provided, however, that\ \ You (A) reproduce and include the copyright notice that appears in the sample code as provided\ \ by NetApp, and (B) distribute the Licensee Application incorporating the Sample Derivatives\ \ pursuant to terms no less restrictive than those set forth herein. You will promptly disclose\ \ to NetApp all Sample Derivatives made by or created for You. NetApp will not provide technical\ \ support, phone support, or updates to You for the sample code licensed under this License.\ \ If NetApp, at its sole option, supplies updates to You, the updates will be considered part\ \ of the sample code, and subject to the terms of this License.\n \n1.1 You shall not combine\ \ the language libraries or the Sample Derivatives into a Licensee Application such that the\ \ language libraries or Sample Derivatives would be licensed under a license that requires\ \ the language libraries or Sample Derivatives to be (a) disclosed or distributed in source\ \ code form, (b) licensed for the purpose of making derivative works, or (c) redistributable\ \ at no charge.\n \n1.2 Third Party Software. Notwithstanding other statements in this License,\ \ the SDK may include third party software including free, copyleft and open source software\ \ components (collectively referred to as \"Third Party Software\") that 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 available for review with the SDK Documentation at https://mysupport.netapp.com/documentation/productlibrary/index.html?productID=60427,\ \ and are included in a NOTICES file included within the downloaded files.\L \n\n2. \tSNAPDIFF\ \ API. This License does not include a license for the NetApp SnapDiff APIs and accompanying\ \ API documentation (collectively, \"SnapDiff\"). If You require a license to SnapDiff, please\ \ contact your NetApp representative\n\n3.\tRESTRICTIONS. NetApp shall retain all right, title\ \ and interest in and to the SDK and SDK Documentation, and all copies thereof (hereafter\ \ referred to collectively as the \"NetApp Software\"). Except as set forth in Section 1 above,\ \ Licensee shall not make any copies of the NetApp Software except as reasonably required\ \ for backup purposes. Licensee shall not, nor shall Licensee 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 used\ \ in, the NetApp Software by any means whatever; or (b) remove or conceal any product identification,\ \ copyright or other notices contained in or on the NetApp Software; (c) publish or provide\ \ any results of benchmark tests run on the NetApp Software to a third party without NetApp's\ \ prior written consent; or (d) modify the NetApp Software or cause it to be modified, incorporate\ \ it into or with other software, display, reproduce, publish, sell, offer for sale or create\ \ a derivative work of any part of the NetApp Software except as expressly permitted in this\ \ License. Any such modification of the NetApp Software will breach this License, and such\ \ derivative work is and shall be owned entirely by NetApp; You hereby assign and agree to\ \ assign to NetApp all right, title and interest in and to said derivative work. NetApp, and\ \ any relevant third parties, reserve the right to revise, including bug fixes and/or patches,\ \ upgrade or otherwise change or modify the NetApp Software (\"Upgrade\") at any time. Licensee\ \ shall implement each Upgrade as it is made generally available by NetApp and is prohibited\ \ and shall immediately cease use of any version of the NetApp Software not incorporating\ \ such Upgrade. The NetApp Software is protected by copyrights, one or more U.S. patents issued\ \ or pending, and other applicable laws. Licensee agrees to take all adequate steps to protect\ \ the NetApp Software from unauthorized disclosure or use.\n \n4.\tCONFIDENTIALITY.\L\n4.1\ \ You acknowledge that the NetApp Software and the terms of this License, the APIs, the API\ \ documentation, and the source code are proprietary and confidential information of NetApp\ \ (hereafter \"Confidential Information\"). You shall not make the Confidential Information\ \ available in any form to any person other than to Your employees or consultants with a need\ \ to know and who are under an obligation of confidentiality not to disclose such Confidential\ \ Information. You shall use the same degree of care to protect the confidentiality of such\ \ Confidential Information as You use to protect Your own confidential information but in\ \ no event shall such degree of care be less than a reasonable degree of care. Confidential\ \ Information shall not include any information that (a) You can prove was received by You\ \ without confidentiality obligations of any kind prior to the time of disclosure, provided\ \ You did not receive the information from any third party in violation of that party's confidentiality\ \ obligations, (b) is in the public domain at the time of disclosure, (c) enters the public\ \ domain after the time of disclosure through no fault of Yours, or (d) is independently developed\ \ by You.\n \n5.\tTERMINATION OF LICENSE. This License is effective until terminated. This\ \ License will terminate automatically if You breach any material provision of this License.\ \ Upon termination, Licensee shall immediately cease all use of the NetApp Software, de-install\ \ it, and return or destroy all copies of the NetApp Software and all portions thereof and\ \ the accompanying documentation and, where requested by NetApp, shall certify so in writing\ \ to NetApp. Termination is not an exclusive remedy and all other remedies at law or in equity\ \ will be available to NetApp whether or not the License is terminated. Sections 1.1, 1.2,\ \ 3, 4 through 13 will survive termination of this License.\n \n6.\tWARRANTY DISCLAIMER. THE\ \ NETAPP SOFTWARE IS PROVIDED BY NETAPP \"AS IS\" AND WITHOUT WARRANTY OF ANY KIND. ANY EXPRESS\ \ OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,\ \ NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. IN NO EVENT SHALL\ \ NETAPP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL\ \ OR OTHER DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES; THESE\ \ LIMITATIONS MAY NOT APPLY.\n \n7.\tLIMITATIONS OF LIABILITY & DAMAGES. NETAPP SHALL NOT\ \ BE LIABLE FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF REVENUE OR PROFITS, OR LOSS OR CORRUPTION\ \ OF DATA, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. SUCH THEORIES OF LIABILITY INCLUDE\ \ CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF\ \ OR IN CONNECTION WITH THE DOWNLOAD, INSTALLATION, USE, OPERATION, OR MAINTENACE OF THE NETAPP\ \ SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IT IS UNDERSTOOD THAT\ \ THE NETAPP SOFTWARE IS LICENSED TO YOU WITHOUT CHARGE. THEREFORE, NETAPP'S TOTAL LIABILITY\ \ FOR ANY DAMAGE OR CLAIM ARISING FROM LICENSING OR USE OF THE NETAPP SOFTWARE OR THE ACCOMPANYING\ \ DOCUMENTATION SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100.00). IN NO EVENT SHALL NETAPP\ \ BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES;\ \ LOST OR CORRUPTED DATA, LOSS OF PROFITS, SAVINGS, OR REVENUES; OR FOR ANY OCCURRENCE BEYOND\ \ ITS CONTROL ARISING OUT OF THIS LICENSE OR FROM YOUR USE OF THE NETAPP SOFTWARE.\n \nWARNING:\ \ The NetApp Software is not designed or intended for use in on-line control of equipment\ \ in hazardous environments such as the operation of nuclear facilities, aircraft, air traffic,\ \ aircraft navigation or aircraft communications, or in the design, construction, operation\ \ or maintenance of any nuclear facility, or in the operation or maintenance of any direct\ \ life support system. NetApp disclaims any express or implied warranty of fitness for such\ \ uses and shall not be liable for any costs, liabilities or damages resulting from the use\ \ of the NetApp Software in such an environment. Licensee agrees that it will not use or license\ \ the NetApp Software for such purposes.\n \n8.\tU.S. GOVERNMENT AND EXPORT REGULATIONS; COMPLIANCE\ \ WITH LAWS. This Section 9 applies to You only if You are a U.S. Federal Government end user.\ \ The Software and Documentation is “commercial” computer software and documentation and is\ \ licensed to You in accordance with the rights articulated in applicable U.S. government\ \ acquisition regulations (e.g. FAR, DFARs) pertaining to commercial computer software and\ \ documentation. You will not be subject to applicable audit costs specified in Section 9.\ \ Any dispute between You and NetApp will be subject to resolution pursuant to the Contract\ \ Disputes Act of 1978. Nothing contained in this License is meant to derogate the rights\ \ of the U.S. Department of Justice as identified in 28 U.S.C. §516. All other provisions\ \ of this License remain in effect as written.\n \n9.\tLICENSEE INDEMNITY. You shall defend,\ \ indemnify and hold NetApp and its directors, employees subsidiaries, affiliates, successors\ \ and assigns harmless from and against all claims, damages, losses, costs and expenses, including\ \ attorneys' fees, arising from any third party claims asserted against NetApp and its employees,\ \ subsidiaries, affiliates, successors and assigns, that are based in whole or in part on\ \ any of the following: (a) Licensee's use or misuse of the NetApp Software in violation of\ \ this License; (b) use of the NetApp Software in combination with any other software not\ \ provided hereunder; (c) Your breach of this License; or (d) a claim based upon an actual\ \ or alleged infringement of an intellectual property right of a third party arising from\ \ or related to the Licensee Application.\n \n10.\tCOMPLIANCE WITH LAWS. Each party shall\ \ comply with all applicable federal, state, local and foreign laws and ordinances including,\ \ but not limited to all export laws, restrictions and regulations of the Department of Commerce\ \ or other United States or foreign agency or authority, the Occupational Safety and Health\ \ Act of 1970 (29 U.S.C. Sections 651, 678), the Fair Labor Standards Act of 1938 (29 U.S.C.\ \ Sections 201-219), the Work Hours and Safety Act of 1962 (40 U.S.C. Sections 327, 333),\ \ the Equal Employment Opportunity (42 U.S.C. Sections 2000e, et seq.) and federal regulations\ \ governing affirmative action programs.\n \n11.\tGOVERNING LAW. This License shall be construed\ \ in accordance with and all disputes hereunder shall be governed by the laws of the State\ \ of California, excepting its conflicts of law rules. All disputes arising out of this License\ \ shall be subject to the exclusive jurisdiction and venue of the Superior Court of the State\ \ of California of Santa Clara County and the Federal District Court of the Northern District\ \ of California, United States of America, and You consent to the personal and exclusive jurisdiction\ \ and venue of such courts. The United Nations Convention on Contracts for the International\ \ Sales of Goods is specifically disclaimed.\n \n12.\tSEVERABILITY. If any provision of this\ \ License is held to be unenforceable, this License will remain in effect with the provision\ \ omitted, unless omission would frustrate the intent of the parties, in which case this License\ \ will immediately terminate.\n \n13.\tINTEGRATION. This License is the entire agreement between\ \ You and NetApp relating to its subject matter. It supersedes all prior or contemporaneous\ \ oral or written communications, proposals, representations and warranties and prevails over\ \ any conflicting or additional terms of any quote, order, acknowledgment, or other communication\ \ between the parties relating to its subject matter during the term of this License. No modification\ \ of this License will be binding, unless in writing and signed by an authorized representative\ \ of each party.\n \nNetApp SDK License Agreement rev. Aug2020"