Iomega D31269700-MS-EULA-PS User Manual

END USER LICENSE AGREEMENT

FOR THE

NAS Windows® Powered

OPERATING SYSTEM SOFTWARE

You have acquired a computer system
(“Server”) that includes software licensed
by Iomega Corporation from an affiliate
of Microsoft Corporation (“MS”). Those
installed software products of MS origin, as
well as associated media, printed materials,
and “online” or electronic documentation
(“SOFTWARE”) are protected by international
intellectual property laws and treaties. The
SOFTWARE is licensed, not sold. All rights
reserved.

IF YOU DO NOT AGREE TO THIS END USER
LICENSE AGREEMENT (“EULA”), DO NOT
USE THE SERVER OR COPY THE SOFTWARE.
INSTEAD, PROMPTLY CONTACT Iomega
Corporation FOR INSTRUCTIONS ON RETURN
OF THE UNUSED SERVER IN ACCORDANCE
WITH Iomega Corporation’S RETURN POLICIES.
ANY USE OF THE SOFTWARE, INCLUDING BUT
NOT LIMITED TO USE ON THE SERVER, WILL
CONSTITUTE YOUR AGREEMENT TO THIS
EULA (OR RATIFICATION OF ANY PREVIOUS
CONSENT).

SOFTWARE LICENSE

The SOFTWARE may contain the following:

• “Server Software” provides services or
functionality on the Server; and

• “Device Software” allows a single
electronic device (“Device”) to access or
use the Server Software.

LICENSE GRANT. Subject to the terms and
conditions set forth below, this EULA grants
you the following rights:

• Server Software. You may access, boot
from, display and run the primary
operating copy of the Server Software
only on the Server. Your license rights
to use secondary boot and/or backup
copies of the Server Software installed
on or distributed with the Server (if any)
are as described below in this EULA.
You may reinstall the Server Software
on the Server as originally installed on
the Server by or on behalf of Iomega
Corporation. You may not use the Server
Software, or separate component parts
thereof, for use on another server.

• Device Software. You may install and
use the Device Software on any number
of Devices.

• Processor Limits. You may use the
Server Software with not more than one
(1) processor at any one time, unless a
higher number of allowed processors

is indicated on the Certificate of
Authenticity for the SOFTWARE.

SOFTWARE FUNCTIONALITY LIMITATIONS.

Even if software files for such functionality
are installed on or provided with the Server,
you are not licensed to use the following
functionality of the Server Software:

• Authentication Service functionality
(i.e., single sign-on authentication
service, including without limitation,
use of the ServerSoftware as a domain
controller or otherwise making use of
DCPromo.exe);

• Network Infrastructure Services (i.e.,
functionalities of the Server Software
necessary to support a server network
infrastructure), including without
limitation, Routing and Remote
Access Service (RRAS) or Windows
Internet Name Service (WINS).
Notwithstanding the foregoing, Dynamic
Host Configuration Protocol (DHCP)
functionality is not excluded;

• Terminal Services functionality (i.e.,
the terminal services feature of the
Server Software to enable Devices to
use software residing on the Server, or
other software used in conjunction with
the Server Software to provide similar
services), except to the limited extent
necessary to administer the Server
Software in Remote Administration
Mode.

• Network Load Balancing Services.

LIMITATION ON FUNCTIONALITY SUPPORTED
BY THE SOFTWARE. You are licensed to use

the Server Software to support only the
base functionality as provided and installed
on the Server by Iomega Corporation,
provided, however, in any event you are not
licensed to use the Server Software to run
or support (i) directory services (such as
Microsoft Active Directory), (ii) enterprise
database software (such as Microsoft SQL
Server), except (1) non-enterprise engines
that are licensed to support not more than
twenty-five (25) concurrent users (such
as Microsoft SQL Server Desktop Engine
(MSDE)) and (2) enterprise engines that are
integrated in and operate only in support
of the system utilities, server resource
management, storage management software
or similar software that is useable solely for
administration, performance enhancement,
and/or preventive maintenance of the Server,
(iii) enterprise resource planning (ERP)
software, (iv) messaging or enterprise mail,
(v) collaboration software (such as Microsoft
Exchange), (vi) web-based time management
applications that address appointments,
meetings, and other calendaring items (such
as Microsoft Exchange), and/or (vii) any office
automation or personal computing function
(such as word processing, spreadsheets,
network browsing or personal finance).
Notwithstanding the foregoing, you are
licensed to use the Server Software to store
enterprise database software data files

(such as Microsoft SQL Server data files)
and/or collaboration software data files
(such as Microsoft Exchange data files).
Except as specifically authorized by Iomega
Corporation, you may not use the Server
Software to support additional applications
or significant functionality other than system
utilities or server resource management or
similar software which you may install and
use solely for system administration, system
performance enhancement, and/or preventive
maintenance of the Server.

NO CALS REQUIRED. Devices that access
or utilize functionality of Server Software
licensed under this EULA do not require a
client access license (“CAL”). Obtaining a
CAL for any Microsoft product does not grant
you rights to use functionality of the Server
Software not licensed under this EULA.

LEASED HARDWARE. In the event that you
receive the Server under the terms of a
lease from Iomega Corporation or Iomega
Corporation’s third-party representative, the
following additional terms shall apply: (i) you
may not transfer the SOFTWARE to another user
as part of the transfer of the Server, whether
or not a permanent transfer of the SOFTWARE
with the Server is otherwise allowed in this
EULA; (ii) your rights with respect to any
SOFTWARE upgrades shall be as determined
by the lease you signed for the Server; and
(iii) you may not use the SOFTWARE after your
lease terminates, unless you purchase the
Server from Iomega Corporation.

COMPONENT DATA STORAGE. The SOFTWARE
may contain components that use the data
storage technology known as Microsoft
SQL Server Desktop Engine (“MSDE”). All
copies and instances of MSDE contained in
or installed by those SOFTWARE components
may be used only by those SOFTWARE
components. Any such copy or instance of
MSDE may not be accessed or used for any
other purpose. For example, applications may
not be created or run on the SOFTWARE if they
access or use the services or functionality of
any copy or instance of MSDE contained in or
installed by those SOFTWARE components. In
addition, any MSDE network library files that
are disabled at the time you first install the
SOFTWARE may not be re-enabled.

INTERNET-BASED SERVICES. The SOFTWARE
may contain components that enable and
facilitate the use of certain Internet-based
services. You acknowledge and agree that
MS, Microsoft Corporation or their affiliates
may automatically check the version of the
SOFTWARE and/or its components that you
are utilizing and may provide upgrades or
supplements to the SOFTWARE that may be
automatically downloaded to the Server. MS,
Microsoft Corporation or their affiliates will
not obtain personally identifiable information
through any of these services.

DIGITAL CERTIFICATES. Use of certificates
based on the X.509 standard is an important
security feature that may be included in the
SOFTWARE. Certain functions of the X.509

implementation (for example, certificate
revocation checking and certificate path
building) connect via the Internet to computer
systems belonging to Microsoft Corporation
and other digital certificate authorities to
check the validity of digital certificates that
you receive from third parties during certain
Internet-based operations (for example,
communications secured with SSL or IPsec,
mail secured with S/MIME, and smartcard
authentication). In accordance with the
X.509 standard, the SOFTWARE automatically
retrieves user certificates and certificate
revocation lists when you attempt to access
certificate protected content. Additionally,
the SOFTWARE’s Auto Root Update feature
will occasionally update the list of trusted
certificate authorities. Auto Root Update is
an optional feature; you can uninstall it if you
do not desire it to function. The other security
operations based on the X.509 standard can
be prevented from operating by blocking the
Server’s Internet access.

SECURITY UPDATES. Content providers
are using the digital rights management
technology (“Microsoft DRM”) contained in
this SOFTWARE to protect the integrity of
their content (“Secure Content”) so that their
intellectual property, including copyright, in
such content is not misappropriated. Owners
of such Secure Content (“Secure Content
Owners”) may, from time to time, request
MS, Microsoft Corporation or their affiliates
to provide security related updates to the
Microsoft DRM components of the SOFTWARE

(“Security Updates”) that may affect your
ability to copy, display and/or play Secure
Content through Microsoft software or third
party applications that utilize Microsoft
DRM. You therefore agree that, if you elect
to download a license from the Internet
which enables your use of Secure Content,
MS, Microsoft Corporation or their affiliates
may, in conjunction with such license, also
download onto your Server such Security
Updates that a Secure Content Owner has
requested that MS, Microsoft Corporation
or their affiliates distribute. MS, Microsoft
Corporation or their affiliates will not retrieve
any personally identifiable information, or
any other information, from your Server by
downloading such Security Updates.

BENCHMARK TESTING. The SOFTWARE may
contain the Microsoft .NET Framework.
Disclosure of the results of any benchmark
test of the .NET Framework component of
the SOFTWARE to any third party without
Microsoft Corporation’s prior written approval
is prohibited.

LINKS TO THIRD PARTY SITES. The SOFTWARE
may provide you with the ability to link
to third party sites through the use of
the SOFTWARE. The third party sites are
not under the control of MS, Microsoft
Corporation or their affiliates. Neither MS nor
Microsoft Corporation nor their affiliates are
responsible for (i) the contents of any third
party sites, any links contained in third party
sites, or any changes or updates to third

party sites, or (ii) webcasting or any other
form of transmission received from any third
party sites. If the SOFTWARE provides links to
third party sites, those links are provided to
you only as a convenience, and the inclusion
of any link does not imply an endorsement
of the third party site by MS, Microsoft
Corporation or their affiliates.

NOTICE REGARDING THE MPEG-4 VISUAL
STANDARD. The SOFTWARE may include

MPEG-4 visual decoding technology. MPEG
LA, L.L.C. requires the following notice:

USE OF THIS SOFTWARE IN ANY MANNER
THAT COMPLIES WITH THE MPEG-4 VISUAL
STANDARD IS PROHIBITED, EXCEPT FOR
USE DIRECTLY RELATED TO (A) DATA OR
INFORMATION (i) GENERATED BY AND
OBTAINED WITHOUT CHARGE FROM A
CONSUMER NOT THEREBY ENGAGED IN
A BUSINESS ENTERPRISE, AND (ii) FOR
PERSONAL USE ONLY; AND (B) OTHER USES
SPECIFICALLY AND SEPARATELY LICENSED BY
MPEG LA, L.L.C.

If you have questions regarding this Notice,
please contact MPEG LA, L.L.C., 250 Steele
Street, Suite 300, Denver, Colorado 80206;
Telephone [phone]; FAX [phone]

NOTE ON ACCESSING SOFTWARE ON
SEPARATE SYSTEMS. If you use the Server

to access or utilize software services or
functionality on a separate computer system,
or permit Devices to access or utilize software
services or functionality on such separate

computer system, you may be required to
obtain client access or other licenses for the
Server and/or Devices. Please refer to the
software license agreement(s) accompanying
such separate computer system for
information.

NOT FAULT TOLERANT. THE SOFTWARE IS NOT
FAULT TOLERANT. IOMEGA CORPORATION
HAS INDEPENDENTLY DETERMINED HOW TO
USE THE SOFTWARE IN THE SYSTEM, AND MS
HAS RELIED UPON IOMEGA CORPORATION TO
CONDUCT SUFFICIENT TESTING TO DETERMINE
THAT THE SOFTWARE IS SUITABLE FOR SUCH
USE.

NO WARRANTIES FOR THE SOFTWARE.
THE SOFTWARE IS PROVIDED “AS IS” AND
WITH ALL FAULTS. THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT (INCLUDING LACK
OF NEGLIGENCE) IS WITH YOU. ALSO, THERE
IS NO WARRANTY AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF THE SOFTWARE
OR AGAINST INFRINGEMENT. IF YOU HAVE
RECEIVED ANY WARRANTIES REGARDING
THE SYSTEM OR THE SOFTWARE, THOSE
WARRANTIES DO NOT ORIGINATE FROM, AND
ARE NOT BINDING ON, MS.

NO LIABILITY FOR CERTAIN DAMAGES. EXCEPT
AS PROHIBITED BY LAW, MS SHALL HAVE
NO LIABILITY FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES
ARISING FROM OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF THE SOFTWARE.
THIS LIMITATION SHALL APPLY EVEN IF ANY

REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL MS BE LIABLE FOR ANY
AMOUNT IN EXCESS OF U.S. TWO HUNDRED
FIFTY DOLLARS (U.S.$250.00).

RESTRICTED USES. The SOFTWARE is not

designed or intended for use or resale in
hazardous environments requiring fail-safe
performance, such as in the operation of
nuclear facilities, aircraft navigation or
communication systems, air traffic control,
or other devices or systems in which a
malfunction of the SOFTWARE would result
in foreseeable risk of injury or death to the
operator of the device or system, or to others.

LIMITATIONS ON REVERSE ENGINEERING,
DECOMPILATION, AND DISASSEMBLY. You

may not reverse engineer, decompile, or
disassemble the SOFTWARE, except and only
to the extent that such activity is expressly
permitted by applicable law notwithstanding
this limitation.

CONSENT TO USE OF DATA. You agree

that MS, Microsoft Corporation and their
affiliates may collect and use technical
information gathered in any manner as a
part of support services provided to you, if
any, related to the SOFTWARE. MS, Microsoft
Corporation and their affiliates may use this
information solely to improve products or to
provide customized services or technologies
to you. MS, Microsoft Corporation and their
affiliates may disclose this information to
others, but not in a form that personally
identifies you.

ADDITIONAL SOFTWARE. The SOFTWARE may
permit Iomega Corporation, MS, Microsoft
Corporation or their affiliates to provide or
make available to you SOFTWARE updates,
supplements, add-on components, or
Internet-based services components of the
SOFTWARE after the date you obtain your
initial copy of the SOFTWARE (“Supplemental
Components”).

• If Iomega Corporation provides or
makes available to you Supplemental
Components and no other EULA
terms are provided along with the
Supplemental Components, then the
terms of this EULA shall apply.

• If MS, Microsoft Corporation or their
affiliates make available Supplemental
Components, and no other EULA
terms are provided, then the terms of
this EULA shall apply, except that the
MS, Microsoft Corporation or affiliate
entity providing the Supplemental
Component(s) shall be the licensor of
the Supplemental Component(s).

Iomega Corporation, MS, Microsoft
Corporation and their affiliates reserve the
right to discontinue any Internet-based
services provided to you or made available to
you through the use of the SOFTWARE.

UPDATE FEATURES. If the SOFTWARE provides,
and you choose to utilize, the update features
within the SOFTWARE, it is necessary to
use certain computer system, hardware,

and software information to implement
the features. By using such features,
you explicitly authorize MS, Microsoft
Corporation and/or their designated agent
to use this information solely to improve its
products or to provide customized services
or technologies to you. MS or Microsoft
Corporation may disclose this information
to others, but not in a form that personally
identifies you.

SECONDARY BOOT AND BACKUP
COPIES OF THE SOFTWARE.

Secondary Boot Copy. If a secondary boot

copy of the Server Software is installed on the
Server, you may access, boot from, display
and run it solely in the event of a failure,
malfunction, or corruption of the primary
operating copy of the Server Software, and
only until the primary operating copy has
been repaired or reinstalled. You are not
licensed to boot from and use both the
primary operating copy and the secondary
boot copy of the Server Software at the same
time.

Backup Copy.

• If a backup copy of the Server Software
is installed on the Server or provided on
separate media, you may use it solely
to repair or reinstall the Server Software
on the Server.

• You also may make a backup of the
Server Software in connection with a

general backup of all or substantially
all the program software on the
Server. You may use the backup of the
Server Software solely for archival or
reinstallation purposes.

NO OTHER COPIES. Except as expressly
provided in this EULA or other documentation
for the Server, you may not make copies of
the SOFTWARE or any materials accompanying
the SOFTWARE.

SOFTWARE TRANSFER ALLOWED BUT WITH
RESTRICTIONS. You may permanently

transfer rights under this EULA only as part
of a permanent sale or transfer of the Server
with all copies of the SOFTWARE originally
provided with the Server, and only if the
recipient agrees to this EULA. If the SOFTWARE
is an upgrade, any transfer must also include
all prior versions of the SOFTWARE.

TERMINATION. Without prejudice to any other

this license if you fail to comply with the
licensing terms. In such event, you must
destroy all copies of the SOFTWARE and all of
its component parts.

NO RENTAL. Except if specifically authorized
by Iomega Corporation for leased hardware,
you may not rent, lease, lend, or provide
commercial hosting services with the
SOFTWARE.

EXPORT RESTRICTIONS. You acknowledge
that SOFTWARE is subject to U.S. and
European Union export jurisdiction.
You agree to comply with all applicable
international and national laws that apply
to the SOFTWARE, including the U.S. Export
Administration Regulations, as well as end­user, end-use and destination restrictions
issued by U.S. and other governments. For
additional information, see http://www.
microsoft.com/exporting/.

rights, Iomega Corporation may terminate

Copyright © 2004 Microsoft Corporation. All rights reserved. Microsoft and Windows are either registered trademarks
or trademarks of Microsoft Corporation in the United States and/or other countries. Iomega is a registered trademark
of Iomega Corporation in the United States and/or other countries Certain other product names, brand names, and
company names may be trademarks or designations of their respective owners.

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