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If Licensor has provided Licensee with hardware at no charge or that has been identified as being provided for evaluation or test purposes (“Evaluation Hardware”), Licensee’s use of such hardware is subject to the Evaluation Terms located at 2.3 Subject to Sections 2 and 3 of this EULA, Licensee may allow its Affiliates, agents and contractors to use the Software under this EULA solely in furtherance of Licensee’s business purposes.
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The Evaluation Software may be used only by those of Licensee’s employees that must have access to the Evaluation Software in order to permit Licensee to evaluate the Evaluation Software (and, if applicable, corresponding hardware product).
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The use of simultaneous instances requires the purchase of additional License Grants or other licenses by Licensee.Ģ.2 Notwithstanding anything to the contrary in this EULA or another Agreement between the Partiies, if the Software is being provided by Licensor for evaluation purposes (such Software, “Evaluation Software”), then, for thirty (30) days following the delivery of the Evaluation Software (or for a longer period, if approved in writing by Licensor), Licensor hereby grants a limited, non-exclusive, non-transferable, non-sublicenseable, revocable right to use the Evaluation Software solely for Licensee’s internal evaluation of the Software (and not for productive use) at one or more location(s) approved in writing by Licensor. Only one instance of the Software may be used per License Grant and Licensee must uninstall deactivated instances. The Software is “in use” when it is either downloaded, copied, loaded into RAM or installed onto a storage device or other permanent memory of Licensee’s designated server or computing device. The term “Authorized Device” means a computer or other hardware device on which the Software may be used, as indicated by Licensor in writing (e.g., in Software or hardware product documentation, in a Licensor quote, order acknowledgment or invoice).
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The term “Software” in this EULA refers to software programs, device, drivers, data and/or other information delivered to Licensee in connection with this EULA, together with any bug fixes and/or updates related thereto.Ģ.1 Subject to the terms and conditions contained herein (including the License Grant restrictions in Section 3 below) and Licensee’s timely payment of all Software licensing fees, Licensor grants to Licensee a limited, non-exclusive, non-sublicenseable, non-transferable (to the extent such restriction is permitted by applicable law), perpetual (unless otherwise specified in a Licensor quote, order acknowledgement or invoice) right under Licensor’s intellectual property rights to install and use the Software in executable object code form only on Authorized Devices (defined below) solely for the Licensee’s internal business purpose(s) (the “License Grant”). ANY PERSON ACCEPTING THESE TERMS ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO LEGALLY BIND THAT ENTITY.ġ. IF LICENSEE DOES NOT ACCEPT THIS EULA (AND AGREE TO ALL ITS TERMS), LICENSEE SHOULD NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. THE TERMS AND CONDITIONS OF THIS EULA MAY BE ACCEPTED BY LICENSEE CLICKING A BOX INDICATING ACCEPTANCE OR BY DOWNLOADING, USING OR INSTALLING THE SOFTWARE. THE SOFTWARE BEING PROVIDED IN CONNECTION WITH THE EULA IS OFFERED ON THE CONDITION THAT LICENSEE FIRST ACCEPTS THE TERMS AND CONDITIONS OF THIS EULA.
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THIS EULA GOVERNS LICENSEE’S LICENSE GRANT AND AUTHORIZATION TO INSTALL AND USE THE SOFTWARE (AS DEFINED BELOW). IN THIS EULA, IF LICENSEE RESIDES IN NORTH AMERICA, “LICENSOR” MEANS WESTERN DIGITAL TECHNOLOGIES, INC., A DELAWARE CORPORATION OR, IF LICENSEE RESIDES OUTSIDE OF NORTH AMERICA, “LICENSOR” MEANS SANDISK INTERNATIONAL LIMITED, A COMPANY ORGANIZED UNDER THE LAWS OF IRELAND, WITH A PLACE OF BUSINESS AT UNIT 100, LAKESHORE DRIVE, AIRSIDE BUSINESS PARK, SWORDS, COUNTY DUBLIN, IRELAND. IMPORTANT–READ CAREFULLY: THIS COMMERCIAL END USER LICENSE AGREEMENT (“EULA”) IS A BINDING AGREEMENT BETWEEN LICENSOR, OR A THIRD PARTY AUTHORIZED BY LICENSOR (“AUTHORIZED THIRD PARTY”) AND THE INDIVIDUAL OR ENTITY THAT ACCEPTS THIS EULA (“LICENSEE”).