EULA - Nexenta SA-API

NexentaTM Storage Appliance - Application Programming Interface (SA-API)  End-User License Agreement


August 11, 2011


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Nexenta Systems, Inc. (“Nexenta”) provides the Storage Appliance – Application Programming Interface (“SA-API”) to you subject to the following terms and conditions. If you disagree with any of the following terms, then do not use the SA-API.


  1. 1. This SA-API contains a variety of materials, including but not limited to, interface definitions, documentation, and Sample Code regarding programming interfaces to Nexenta products as referenced in such materials (“Nexenta Software”). This SA-API is intended to serve as a guide for writing programs to interact with the Nexenta Software. For the purpose of this Agreement, “Sample Code” means sample software in source code format designated as “Sample Code” in the SA-API documentation.

  1. 2. Subject to the restrictions below, you may download and make a reasonable number of copies of the SA-API contents for your personal use solely for the purpose of creating software that communicates with Nexenta Software (“Developer Software”). You agree to defend and indemnify and hold harmless Nexenta, and any of its directors, officers, employees, affiliates or agents, from and against any and all claims, losses, damages, liabilities and other expenses (including reasonable attorney’s fees), arising from your modification and distribution of the Sample Code or breach of this SA-API Terms and Conditions.

  1. 3. Restrictions: You may create and distribute Developer Software based on the Sample Code, provided that (1) you do not use the SA-API to design or develop anything other than Developer Software; (2) you do not permit further distribution of the SA-API by your end users; (3) you do not use the SA-API to design or develop software to upload or otherwise transmit any material containing software viruses or other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any software or hardware.

  1. 4. Nexenta retains ownership of the SA-API, including without limitation all copyrights and other intellectual property rights therein.

  1. 5. For open source software components included with the SA-API, you are subject to the terms of those applicable open source license agreements.

  1. 6. You may not represent that the programs you develop using the SA-API are certified or otherwise endorsed by Nexenta unless approved in advance in writing by Nexenta.

  1. 7. You will not receive any Nexenta support services for the SA-API or any other services from Nexenta in connection with the SA-API. If you have purchased support for a Nexenta product, such support shall not apply to the SA-API or your use of the SA-API.

  1. 8. Term, Termination and Changes: This Agreement shall continue as long as you are in compliance with the terms specified herein or until otherwise terminated. You and or Nexenta each may terminate this Agreement for any reason at any time. You agree, upon termination, to destroy all copies of the SA-API within your possession or control. The Confidential Information, Limitations of Warranties, Liability and Indemnification sections set out in this Agreement shall survive any termination or expiration of this Agreement.

  1. 9. Limitations of Warranties and Liability: THE SA-API IS PROVIDED “AS-IS” WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEXENTA DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.


    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEXENTA BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SA-API OR YOUR USE OF THE SA-API, UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.


    NEXENTA’S LIABILITY ARISING OUT OF THE SA-API PROVIDED HEREUNDER WILL NOT, IN ANY EVENT, EXCEED US$5.00.


    THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER NEXENTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


    1. 10. These terms are governed by the laws of the State of California and the United States of America without regard to conflict of laws principles. You may not assign any part of this Agreement without the prior written consent of Nexenta. Any attempted assignment without consent shall be void. These terms constitute the entire agreement between you and Nexenta with respect to the SA-API, and supersede all prior written or oral communications, understandings and agreements. Any waiver of these terms must be in writing to be effective. If any provision of these terms is found to be invalid or unenforceable, the remaining terms will continue to be valid and enforceable to the fullest extent permitted by law.