The DataCove appliance comes standard with a 1-year Parts and Labor, Return to Depot Limited Warranty. The Limited Warranty requires defective part(s) to be returned to Tangent in advance of replacement part(s) being sent to customer. Customer may be required to send unit in for repair at the sole discretion of Tangent.
DataCove appliance warranty may be extended beyond the standard 1-year Limited Warranty period with the purchase of DataCove Annual Updates. The DataCove appliance is warranted to be free from defects in material and/or workmanship for the same period of time as that of the DataCove Annual Updates purchased by customer, up to a limit of 3 years.
SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT! - READ CAREFULLY: Be sure you read and understand all of the rights and restrictions described in the Tangent, Inc. End-User License Agreement ("EULA"). You will be asked to review and either accept or not accept the terms of the EULA. The software will not run on the DataCove Appliance until you accept the terms of this EULA.
Your click of the "accept" button is a symbol of your signature that you accept the terms of the EULA.
For your reference, you may print the text of the EULA from this page now, or refer to the copy of the EULA that can be found in the Help file of this SOFTWARE. You may also receive a copy of this EULA by contacting the Tangent subsidiary serving your country, or write:
191 Airport Boulevard
Burlingame, CA 94010
This EULA is a legal agreement between you (either an individual or a single entity) and Tangent, Inc. for the Tangent software accompanying this EULA, which includes the accompanying computer software, and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE"). By launching or using SOFTWARE, you agree to be bound by the terms of the EULA. If you do not agree to the terms of this EULA, you may not launch or use the SOFTWARE.
Software Product License
The software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
- GRANT OF LICENSE. This EULA grants you the following rights: Software. You may use one copy of the SOFTWARE on a single DataCove Appliance. Storage/Network Use. You must acquire and dedicate a license for each separate DataCove Appliance on which the SOFTWARE is installed, and only a Tangent DataCove Appliance may store the SOFTWARE. A license for the SOFTWARE may not be shared or used concurrently on different computers.
You must maintain all copyright notices on all copies of the SOFTWARE.
IMPORTANT: DataCove software is a subscription service that requires the continued purchase of DataCove annual updates in order for the DataCove appliance to continue to index and archive incoming email. The appliance will stop archiving new incoming email in the event the annual updates are not purchased.
Limitations of Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE.
Rental. You may not rent or lease or lend the SOFTWARE.
Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity) along with the applicable DataCove Appliance, and the recipient must agree to the terms of this EULA. If the SOFTWARE portion is an upgrade, any transfer must include all prior versions of the SOFTWARE.
Support Services. Tangent, Inc. may provide you with support services related to the SOFTWARE ("Support Services") Use of Support Services is governed by the Tangent policies and programs described in the user manual, in "online" documentation, and/or other Tangent-provided materials. Any supplemental software provided to you as a part of Support Services shall be considered part of the SOFWARE and subject to the terms of this EULA. With respect to technical information you provide to Tangent as part of the Support Services, Tangent may use such information for its business purposes, including for product support and development.
Tangent will not utilize such technical information in a form that personally identifies you.
- TERMINATION. Without prejudice to any other rights, Tangent, Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you agree to destroy all copies of the SOFTWARE and all of its component parts.
- COPYRIGHT. All title and copyrights (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Tangent or its suppliers.
- U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is:
191 Airport Boulevard
Burlingame, CA 94010
- DISCLAIMER OF WARRANTIES. TANGENT AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
- EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TANGENT OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF TANGENT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- LIMITATION AND RELEASE OF LIABILITY. The SOFTWARE was provided to you at no charge and Tangent has included in this EULA terms that disclaim all warranties and liability for the SOFTWARE. To the full extent allowed by law, YOU HEREBY RELEASE TANGENT AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the SOFTWARE under the terms of this EULA, do not launch or use the SOFTWARE. No refund will be made because the SOFTWARE was provided to you at no charge.
- GOVERNING LAW. If you acquired the SOFTWARE in the United States of America, the laws of the State of California will apply to this contract. If you acquired this SOFTWARE outside of the United States of America, then local law may apply.
QUESTIONS. Should you have any questions, or if you desire to contact Tangent for any reason, please contact the Tangent subsidiary serving your country, or go to Contact Tangent via the Web.