StorMagic End User License Agreement (EULA)
Please read the Agreement carefully before installing or using the StorMagic SvSAN software. Installation and use of such software is conditioned upon and restricted to the terms and conditions of the Agreement. By installing or using the program, you agree to accept and be bound by this Agreement.
STORMAGIC LICENSE AGREEMENT
This is a legal agreement ("AGREEMENT") between the end-user customer ("you"), and the providing StorMagic entity (the applicable providing entity is hereinafter referred to as "STORMAGIC"). Your location of receipt of the Stormagic product (hereinafter "PRODUCT") and maintenance (hereinafter "MAINTENANCE") determines the providing entity as identified at http://stormagic.com/licensing/entities
The contents of http://stormagic.com/licensing are deemed incorporated into this Agreement and shall be part of this Agreement.
BY INSTALLING AND/OR USING THE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THE PRODUCT.
This Agreement constitutes the entire agreement between you and STORMAGIC and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us whether written or oral, relating to its subject matter and excludes anything contained in any purchase order or any other document submitted by you.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
- PRODUCT LICENSES.
- End User Licenses. The software in a software PRODUCT is made available by STORMAGIC under the license models identified at http://stormagic.com/licensing/products. Any experimental, technical preview or beta features delivered with such software will be identified and are licensed only for internal testing purposes. "Software" means a Stormagic proprietary and/or open source software program in object code form licensed hereunder. Notwithstanding anything set forth in this AGREEMENT your use of Open Source Software shall in all ways be exclusively governed by the open source license indicated as applicable to the code at http://stormagic.com/licensing/open-source. "Open Source Software" means those portions of the PRODUCT that are provided under an open source license (e.g., a version of a GNU General Public License, BSD or a license similar to those approved by the Open Source Initiative (http://opensource.org).
- Your license to software in a software PRODUCT will be activated by license keys that allow use of the PRODUCT in increments defined by the license model ("License Keys"). License Keys for other STORMAGIC products or other editions of the same PRODUCT may not be used to increase the allowable use for your edition of the PRODUCT.
- Partner Demo. If a software PRODUCT is provided as a "Not for Resale" (NFR) notwithstanding any term to the contrary in this AGREEMENT, your license permits use only if you are a current STORMAGIC authorized distributor or reseller, and then only for demonstration, test, evaluation, training and internal use purposes. Note that a Partner Demo PRODUCT may disable itself upon the expiration of the License Key. In no event may a Partner Demo PRODUCT be used beyond expiration. Details of the NFR entitlements are communicated separately to authorized distributors and resellers and may differ between different authorized entities.
- Evaluation. If a software PRODUCT is "Evaluation," or a "Trial License" notwithstanding any term to the contrary in this AGREEMENT, your license permits use only for your internal demonstration, test, or evaluation purposes, and not for any other purpose, including without limitation production purposes. Your license is for a limited period of days communicated at the time of registration for the evaluation with no right to MAINTENANCE, the Limited Warranty, or Infringement Indemnification. Note that an Evaluation PRODUCT may disable itself upon the expiration of the License Key. In no event may an Evaluation PRODUCT be used beyond expiration.
- Perpetual. If a software PRODUCT is purchased as a perpetual license your license permits the use of the software PRODUCT for the purpose as defined by the perpetual PRODUCT license purchased and the product and order process documentation. Any non-payment of license fees will be considered a breach and result in termination of this agreement as per section 9. TERMINATION AND SURVIVAL.
- Subscription. If a software PRODUCT is purchased as a subscription license, the license permits the use of the software PRODUCT as defined by the subscription PRODUCT license purchased and the product and order process documentation. Any non-payment of license fees will be considered a breach and result in termination of this agreement as per section 9. TERMINATION AND SURVIVAL.
- Subscription Pay-as-you-go. If a software PRODUCT is purchased as a subscription pay-as-you-go license the license permits the use of the software PRODUCT as defined by the subscription pay-as-you-go PRODUCT license purchased and the product and order process documentation. Only approved STORMAGIC service provider partners my purchase the subscription pay-as-you-go license for use within the service provider's data centre for the purpose of delivering hosting services to third party organisations. This license is subject to the terms of the approved StorMagic Partnership AgreementAny non-payment of license fees will be considered a breach and result in termination of this agreement as per section 9. TERMINATION AND SURVIVAL.
- Archive Copy. You may make one (1) copy of the software in a software or appliance PRODUCT in machine-readable form solely for back-up, provided that you reproduce all proprietary notices on the copy.
The MAINTENANCE plan applicable to this PRODUCT is identified at http://stormagic.com/licensing/products and plan entitlements and requirements are explained at http://stormagic.com/licensing/m-s.
- A minimum 1 year of MAINTENANCE is required at the time of the PRODUCT purchase of a perpetual license and may need to be purchased separately. MAINTENANCE is included with subscription and subscription pay-as-you-go PRODUCT license for the term of the subscription. MAINTENANCE for a perpetual license may be extended by your purchase of additional maintenance years (the "MAINTENANCE Term").
- MAINTENANCE for the purchased PRODUCT begins upon delivery of the License Keys.
- During the initial or a renewal MAINTENANCE Term, STORMAGIC will make any updates for the PRODUCT covered by the plan available to you. An "update" shall mean a generally available release of the same edition of the software for the same PRODUCT, which STORMAGIC may make available from time to time.
- STORMAGIC is not obligated to make any updates available. Updates shall be subject to the terms of this AGREEMENT, except that updates are not covered by the Limited Warranty applicable to the PRODUCT, to the extent permitted by applicable law.
- You acknowledge that STORMAGIC may develop and market new or different software offerings or editions of the PRODUCT that use portions of the PRODUCT and that perform all or part of the functions performed by the PRODUCT.
- Nothing contained in this AGREEMENT shall give you any rights with respect to such new or different offerings or editions.
- The MAINTENANCE plan may be purchased for the PRODUCT until it is no longer offered in accordance with the applicable STORMAGIC PRODUCT Lifecycle Support Policy posted at http://stormagic.com/licensing/m-s.
- Any deliveries of Updates shall be electronic. The MAINTENANCE includes technical support, as detailed at http://stormagic.com/licensing/m-s. The offering you purchase determines your entitlement.
- In addition to your MAINTENANCE plan, you may also purchase STORMAGIC professional services as may be available. The provision of technical support or professional services is predicated upon the following responsibilities being fulfilled by you: (i) you agree to perform reasonable problem determination activities and to perform reasonable problem resolution activities as suggested by STORMAGIC; (ii) you are responsible for implementing procedures necessary to safeguard the integrity and security of software and data from unauthorized access and for reconstructing any lost or altered files resulting from catastrophic failures; (iii) you are responsible for procuring, installing, and maintaining all equipment, telephone lines, communications interfaces, and other hardware at your site and providing STORMAGIC with access to your facilities as required to operate the PRODUCT and permitting STORMAGIC to perform the service; and (iv) you are required to implement all currently available and applicable software hotfixes, hotfix rollup packs, and service packs or their equivalent for the PRODUCT in a timely manner.
- STORMAGIC is not required to provide any technical support for problems arising out of: (i) your or any third party's alterations or additions to the PRODUCT, operating system or environment; (ii) STORMAGIC provided alterations or additions to the PRODUCT that do not address Errors or Defects; (iii) any functionality not defined in the user documentation published by STORMAGIC and included with the PRODUCT (hereinafter "Documentation"); (iv) use of a software PRODUCT on a processor or peripherals other than the processor and peripherals defined in the Documentation; (v) any PRODUCT that has reached End-of-Life; and (vi) any professional services deliverables from STORMAGIC, you or any third party. An "Error" is defined as a failure in the PRODUCT to materially conform to the functionality defined in the documentation. A "Defect" is defined as a failure in the PRODUCT to conform to the specifications in the Documentation.
- In situations where STORMAGIC cannot provide a satisfactory resolution to your critical problem through normal technical support methods, STORMAGIC may engage its product development team to create a private fix. Private fixes are designed to address your specific situation and may not be further distributed by you. STORMAGIC retains all right, title, and interest in and to all fixes, packs and their equivalent. Any private fixes are not provided as the PRODUCT under the terms of this AGREEMENT and they are not covered by the Limited Warranty or Infringement Indemnification applicable to the PRODUCT, to the extent permitted by applicable law.
- With respect to STORMAGIC professional services, all intellectual property rights in all deliverables, pre-existing works and derivative works of such pre-existing works, as well as developments made, conceived, created, discovered, invented, or reduced to practice in the performance of the assessment are and shall remain the sole and absolute property of STORMAGIC, subject to a worldwide, non-exclusive license to you for internal use. Except for your payment obligations for provided PRODUCTS and services, non-performance of either party shall be excused to the extent performance is rendered impossible by force majeure, but only for so long as such condition exists.
- By using the PRODUCT, MAINTENANCE or any of the services, you agree to STORMAGIC collecting and using technical information about the devices you use the PRODUCT on and related software, hardware and peripherals to improve the PRODUCT and provide any MAINTENANCE and services.
- DESCRIPTION OF OTHER RIGHTS, LIMITATIONS, AND OBLIGATIONS.
Except as expressly set forth in Section 12, you may not transfer the PRODUCT except to the extent such foregoing restriction is prohibited by applicable law. If you purchased or otherwise received replacement License Keys as part of a PRODUCT upgrade or otherwise and such replacement is a condition of the transaction, you agree to destroy the original License Keys and retain no copies after installation of the new License Keys and PRODUCT. You shall provide the serial numbers of the original License Keys and corresponding replacement License Keys to the reseller and, upon request, directly to STORMAGIC, for tracking purposes. In the event you make a transfer of the PRODUCT in the EU or EER, to the extent permitted by law and notwithstanding the terms of this AGREEMENT, you must uninstall the PRODUCT and License Keys, cease your use, transfer them to the transferee and retain no copies. You are responsible for ensuring that the transferee accepts the terms of this AGREEMENT. You must provide evidence that the conditions for a lawful transfer of the PRODUCT are met. All warranty, MAINTENANCE and infringement indemnification rights will terminate automatically upon such transfer and will not be available to the transferee. You must comply with applicable export laws with respect to such a transfer. You may not modify, translate, reverse engineer, decompile, disassemble, create derivative works based on or copy the PRODUCT, except as expressly licensed in this AGREEMENT or to the extent such foregoing restriction is expressly prohibited by applicable law. You may not remove any proprietary notices, labels, or marks on the PRODUCT. Notwithstanding the foregoing, this AGREEMENT shall not prevent or restrict you from exercising additional or different rights to any portions of the PRODUCT that are Open Source Software. To the extent permitted by applicable law, you agree to allow STORMAGIC to audit your compliance with the terms of this AGREEMENT upon prior written notice and during normal business hours, but no more than once per year. Any audit shall not unreasonably interfere with your business activities. You will reasonably cooperate with STORMAGIC and the auditor and will, without prejudice to other rights of STORMAGIC, address any non-compliance identified by the audit, including, but not limited to, promptly paying any fees owed. If the audit discloses an underpayment of ten percent (10%) or more of fees owed for the period audited or other material breach of this AGREEMENT, you agree to also reimburse STORMAGIC for the reasonable audit expenses. Note that a PRODUCT may be provided with identified experimental features which are not part of the PRODUCT and which are not covered by MAINTENANCE and the Limited Warranty. Such features are offered AS IS and may never become part of the PRODUCT or any STORMAGIC commercial product. Stormagic makes no representations or certifications with respect to experimental features.
- ALL RIGHTS IN THE PRODUCT NOT EXPRESSLY GRANTED ARE RESERVED BY STORMAGIC OR ITS LICENSORS.
STORMAGIC and/or its licensors own and retain all title and ownership of all intellectual property rights in and to the PRODUCT, including any adaptations, modifications, translations, derivative works or copies, and any relating to the design, manufacture, or operation of the same.
- INFRINGEMENT INDEMNIFICATION.
In the event of any claim, suit, or proceeding brought against you based on an allegation that a PRODUCT, experimental features or professional services deliverable hereunder (excluding Open Source Software unless noted at http://stormagic.com/licensing/products infringes upon any patent, copyright, intellectual property right or trade secret of any third party ("Infringement Claim"), STORMAGIC shall defend, or at its option, settle, such Infringement Claim, and shall pay all costs (including reasonable attorney's fees) associated with the defence of such Infringement Claim, and all damages finally awarded or settlements undertaken by STORMAGIC in resolution of such Infringement Claim, provided you: (i) promptly notify STORMAGIC in writing of your notification or discovery of an Infringement Claim such that STORMAGIC is not prejudiced by any delay in such notification or any statement made by you; (ii) give STORMAGIC sole control over the defence or settlement of the Infringement Claim; and (iii) provide reasonable assistance in the defence of the same. Following notice of an Infringement Claim, or if STORMAGIC believes such a claim is likely, STORMAGIC may at its sole expense and option: (i) procure for you the right to continue to use the alleged infringing PRODUCT, experimental feature or professional services deliverable; (ii) replace or modify the PRODUCT, experimental feature or professional services deliverable to make it non-infringing; or (iii) accept return of the PRODUCT, experimental feature or professional services deliverable and, for the PRODUCT, provide you with a prorated refund for the PRODUCT, using a three (3) year straight line depreciation basis for the PRODUCT when purchased as a perpetual license, or, 1/3rd of the subscription or subscription pay-as-you-go fees up to a maximum of 1 year, or, for the professional services deliverable, refund payments made for the deliverable. STORMAGIC assumes no liability, and shall have no liability, for any Infringement Claims or allegations of infringement based on: (i) your use of any PRODUCT, experimental feature or professional services deliverable after notice that you should cease use of such PRODUCT, experimental feature or professional services deliverable due to an Infringement Claim; (ii) any modification of the PRODUCT, experimental feature or professional services deliverable by you or at your direction; (iii) your combination of the PRODUCT, experimental feature or professional services deliverable with non-STORMAGIC hardware, software, services, data or other content or materials if such Infringement Claim would have been avoided by the use of the PRODUCT, experimental feature or professional services deliverable alone. THE FOREGOING STATES YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY INFRINGEMENT CLAIM OR ALLEGATION OF INFRINGEMENT.
- LIMITED WARRANTY AND DISCLAIMER.
STORMAGIC warrants that for a period of ninety (90) days from delivery of the License Keys, the software PRODUCT will perform substantially in accordance with the PRODUCT's documentation published by STORMAGIC and included with the PRODUCT. STORMAGIC and its licensors' and suppliers' ("SUPPLIERS'") entire liability and your exclusive remedy under this software warranty (which is subject to your return of the PRODUCT to STORMAGIC or an authorized reseller) will be, at the sole option of STORMAGIC and subject to applicable law, to replace the PRODUCT or to refund the purchase price and terminate your license to any software on the PRODUCT. STORMAGIC will provide MAINTENANCE (including technical support and professional services if purchased) in a professional and workmanlike manner, but STORMAGIC cannot guarantee that every question or problem raised by you will be resolved or resolved in a certain amount of time. Stormagic does not warrant in any form the results or achievements of the PRODUCT, technical support, professional services or related deliverables. For technical support or professional services, STORMAGIC and its SUPPLIERS' entire liability and your exclusive remedy under this Agreement and warranty is re-performance of the services or, if re-performance is not possible or conforming, refund of amounts paid for the non-conforming services. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE ABOVE LIMITED WARRANTY, STORMAGIC AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE; AND STORMAGIC AND ITS SUPPLIERS SPECIFICALLY DISCLAIM WITH RESPECT TO THE PRODUCT, ANY EXPERIMENTAL FEATURES, MAINTENANCE AND ANY OTHER SOFTWARE OR SERVICE DELIVERED HEREUNDER, ANY CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS, OR ERRORS, AND ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE PRODUCT AND MAINTENANCE ARE NOT DESIGNED, MANUFACTURED, DELIVERED OR INTENDED FOR ANY USE WHERE FAILURE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU ASSUME RESPONSIBILITY FOR THEIR SELECTION TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THEIR INSTALLATION, USE, AND RESULTS OBTAINED THEREFROM.
- EXPORT RESTRICTION.
You agree that you will not export, re-export, or import the PRODUCT, MAINTENANCE or any other software or service delivered hereunder in any form without the appropriate government licenses. You understand that under no circumstances may the PRODUCT, MAINTENANCE or any other software or service delivered hereunder be exported to any country subject to U.S. or U.K. embargo or to U.S. or U.K. designated denied persons or prohibited entities or U.S. specially designated nationals.
- LIMITATION OF LIABILITY.
EXCEPT FOR STORMAGIC INDEMNIFICATION OBLIGATIONS EXPRESSLY SET FORTH IN SECTION 4, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER STORMAGIC NOR ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS SHALL BE LIABLE FOR ANY LOSS OF DATA OR PRIVACY, LOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY, LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE PRODUCT, EXPERIMENTAL FEATURES, MAINTENANCE OR ANY OTHER SOFTWARE OR SERVICE DELIVERED HEREUNDER, OR DAMAGE ARISING FROM YOUR USE OF THIRD PARTY PRODUCTS OR HARDWARE, OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR YOUR EXPORTATION, REEXPORTATION, OR IMPORTATION OF ANY OR ALL OF THE SAME. THIS LIMITATION WILL APPLY EVEN IF STORMAGIC, ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. EXCEPT FOR STORMAGIC INDEMNIFICATION OBLIGATIONS EXPRESSLY SET FORTH IN SECTION 4 (UNLESS NOTED AT http://stormagic.com/licensing/products, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF STORMAGIC, ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS EXCEED THE AMOUNT PAID FOR THE PRODUCT, EXPERIMENTAL FEATURES, MAINTENANCE TERM, PROFESSIONAL SERVICES DELIVERABLE OR ANY OTHER SOFTWARE OR SERVICE DELIVERED HEREUNDER AT ISSUE. YOU ACKNOWLEDGE THAT THE PRODUCT AND MAINTENANCE FEES REFLECT THESE ALLOCATIONS OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. For purposes of this AGREEMENT, the term "AFFILIATE" shall mean any entity that controls, is under common control with, or is controlled by STORMAGIC, where "control" means the ownership, direct or indirect, of a majority of STORMAGIC' stock or other interest entitled allowing the owner to direct the affairs of STORMAGIC. AFFILIATES, suppliers, and authorized distributors are intended to be third party beneficiaries of this AGREEMENT.
- TERMINATION AND SURVIVAL.
This AGREEMENT is effective until terminated save that any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination of this Agreement shall remain in full force and effect. You may terminate this AGREEMENT at any time by removing the software of your software PRODUCT from your computers and destroying all copies, and by removing the software of your appliance PRODUCT from the hardware, and then providing written notice to STORMAGIC with the serial numbers of your License Keys. STORMAGIC may terminate this AGREEMENT at any time for your breach of this AGREEMENT. Unauthorized copying of the software in a software or appliance PRODUCT or the Documentation or otherwise failing to comply with the license grant or restrictions of this AGREEMENT will result in automatic termination of this AGREEMENT and will make available to STORMAGIC all other legal remedies. You agree and acknowledge that your material breach of this AGREEMENT shall cause STORMAGIC irreparable harm for which monetary damages alone would be inadequate and that, to the extent permitted by applicable law, STORMAGIC shall be entitled to injunctive or equitable relief without the need for posting a bond. Upon termination of this Agreement, the PRODUCT licenses granted hereunder will terminate and you must immediately destroy the software in a software or appliance PRODUCT and the Documentation, and all backup copies thereof. Any termination of professional services is subject to the applicable scope definition, and you shall pay for services provided prior to the termination. All purchases are final with no right of return, and neither STORMAGIC nor any reseller or distributor will be obligated to pay, nor will you be due, any refund of amounts paid by you, other than under the Limited Warranty or Infringement Indemnification terms of this Agreement. Those provisions of this Agreement, which are intended by the parties to survive shall survive termination of this Agreement, including without limitation, the Limitation of Liability terms.
- U.S. GOVERNMENT END-USERS.
If you are a U.S. Government agency, you hereby acknowledge and agree that the software PRODUCT constitutes "Commercial Computer Software" as defined in Section 2.101 of the Federal Acquisition Regulation ("FAR"), 48 CFR 2.101. Therefore, in accordance with Section 12.212 of the FAR (48 CFR 12.212), and Sections 227.7202-1 and 227.7202-3 of the Defense Federal Acquisition Regulation Supplement ("DFARS") (48 CFR 227.7202-1 and 227.7202-3), the use, duplication, and disclosure of the software and related Documentation by the U.S. Government or any of its agencies is governed by, and is subject to, all of the terms, conditions, restrictions, and limitations set forth in this standard commercial license AGREEMENT. If, for any reason, FAR 12.212 or DFARS 227.7202-1 or 227.7202-3 or these license terms are deemed not applicable, you hereby acknowledge that the Government's right to use, duplicate, or disclose the software and related Documentation are "Restricted Rights" as defined in 48 CFR Section 52.227-14(a) (May 2014) or DFARS 252.227-7014(a)(15) (Feb 2014), as applicable. Manufacturer is Stormagic Systems, Inc., 851 West Cypress Creek Road, Fort Lauderdale, Florida 33309.
- AUTHORIZED DISTRIBUTORS AND RESELLERS.
STORMAGIC authorized distributors and resellers do not have the right to make modifications to this AGREEMENT or to make any additional representations, commitments, or warranties binding on STORMAGIC.
- CHOICE OF LAW AND VENUE.
The location of your providing entity will determine the choice of law and venue as identified at http://stormagic.com/licensing/entities ("applicable law"). If any provision of this AGREEMENT is invalid or unenforceable under applicable law, it shall be to that extent deemed omitted or varied to the extent that it would be enforceable and the remaining provisions including any varied provisions will continue in full force and effect. To the extent a provision is deemed omitted or varied, the parties agree to comply with the remaining or varied terms of this AGREEMENT in a manner consistent with the original intent of the AGREEMENT. No waiver is effective unless signed by the party to be bound.
- ASSIGNMENT AND SUBCONTRACTING.
Neither party hereto may assign this AGREEMENT, or any rights or obligations under it except as permitted by law or as set forth below, without the prior written consent of the other party, unless assigned to a successor in interest, or pursuant to a merger, corporate reorganization, or a sale or transfer of all or substantially all of the party's assets. You shall provide notice to STORMAGIC upon completion of any permitted assignment. In addition, you may assign this AGREEMENT to a majority-owned affiliate, and STORMAGIC may assign this AGREEMENT, or any rights or obligations under it to any AFFILIATE or any third party acquiring or otherwise assuming part of the business of STORMAGIC or any of its AFFILIATES. Subject to this restriction, this AGREEMENT will be binding upon and inure to the benefit of the parties hereto, their successors and assigns. STORMAGIC may use subcontractors to provide services to you under this AGREEMENT, but STORMAGIC shall remain responsible to you for the performance of the services.
This AGREEMENT does not grant you the right to use any STORMAGIC trade or service mark.
- HOW TO CONTACT STORMAGIC.
Should you have any questions concerning this AGREEMENT or want to contact STORMAGIC for any reason, write to STORMAGIC Customer Service at the address identified at http://stormagic.com/company/contact.