Trademark Guidelines

These guidelines are for CommVault licensees, authorized resellers, developers, customers, and other parties wishing to use CommVault's trademarks, service marks, trade names, trade dress, logos, or images (collectively the "CommVault Marks"). Although we are generally pleased when a third party wants to discuss CommVault or its products, we are also very protective of the CommVault Marks and goodwill associated with them. The CommVault Marks are valuable assets of our company and we ask that you strictly adhere to these guidelines whenever you use any of the CommVault Marks. In addition, use of the CommVault Marks may be prohibited unless expressly authorized.

By using any of the CommVault Marks, in whole or in part, you acknowledge that Commvault is the sole owner of the trademark and promise that you will not interfere with CommVault's rights in the trademark, including challenging CommVault's use, registration of, or application to register such trademark or similar mark, alone or in combination with other words, anywhere in the world. You also agree that you will not harm, misuse, or otherwise bring into disrepute any CommVault Marks. The goodwill derived from using any part of a CommVault trademark exclusively inures to the benefit of and belongs to CommVault. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. Any use of the CommVault Marks must be accompanied by a notice that clearly indicates that any CommVault Marks used are trademarks of CommVault Systems, Inc. These guidelines may be modified at any time without additional notice. A copy of our most current guidelines can be located at www.commvault.com/trademarks. Further, because our CommVault Marks are so valuable to us, use of any CommVault Mark may be prohibited at our sole discretion at any time. In short, these are our marks and we reserve the right absolutely to control how they are used at all times.

Trademark Basics
What is a trademark?

• Trademarks are adjectives or adverbs used to identify the goods and services of an individual or company and serve to distinguish those goods and services from those of another. By identifying the commercial source of products and services, trademarks assist consumers to identify goods and services which meet the expectations of consumers as to quality and other characteristics.

Why is proper trademark use important?

• Trademark rights can last indefinitely if the owner continually uses the mark to identify its goods and services. However, if a trademark is not properly used, by either the trademark owner or the public, these valuable trademark rights can be lost forever. We therefore ask that you help us protect our trademark rights by following these guidelines and using the CommVault Marks only as specified.

Rules for Using CommVault Marks
Things to do:

• Always use the CommVault Marks as adjectives or adverbs only. Never use a CommVault Mark as a noun or verb. For example, it would be correct to write "XYZ company uses CommVault Simpana® software for its data protection." (Properly used as an adjective modifying software) It would be incorrect to write "CommVault Simpana® is used by XYZ company for its data protection." (Improperly used as a noun)
• Set CommVault Marks apart from the words that they modify. This can be accomplished by capitalizing, italicizing, underlining, or otherwise making the CommVault Mark distinct from the words that it modifies. For example, CommVault® software. Please refer to CommVault's Corporate Identity Guide and Style Manual for more information.
• Always use CommVault Marks with their proper goods or services. Each trademark is identified with a particular good or service. Please use the CommVault Marks chart below to learn more about the goods and services associated with each CommVault Mark.
• Also refer to the CommVault Marks chart below for the correct spelling of the trademark, trademark symbol, and generic term to use with each trademark. The appropriate trademark symbol (™, ^SM, ®) must be used each time a CommVault trademark appears. This trademark symbol should appear immediately to the right of the trademark and not following the generic term. For example, "Simpana® software" and not "Simpana software®."
• Always include a notice clearly indicating that any CommVault Marks used are trademarks of CommVault Systems, Inc.

Things not to do:

• Do not tamper with the appearance of CommVault Marks. Creative license pertaining to CommVault Marks is our business, not yours. In other words (and without limitation), do not remove, shorten, alter, modify, or otherwise change any element of a CommVault Mark. We have worked diligently to create and protect our CommVault image. Please respect our efforts.
• Do not use CommVault Marks in the plural or possessive form. CommVault Marks should be used exactly as they appear in the CommVault Marks chart below. While the generic term modified by the trademark may be utilized in the plural or possessive form, a trademark should never appear in this format. Thus, you could write "CommVault Simpana® software's unique capabilities include..." (generic term properly modified and not the CommVault Mark), but you would not write "CommVault Simpana's® unique capabilities include..." (improper modification of CommVault Mark and use as a noun).
• Do not use CommVault Marks in any manner that suggests a CommVault affiliation, sponsorship, or relationship unless you have permission in writing to do so. CommVault Marks should also not be used in a way that they could be reasonably interpreted to give the impression or otherwise suggest that content has been authored by, or represents the views or opinions of CommVault or CommVault personnel.
• Do not use or imitate any CommVault slogan.
• Do not use CommVault Marks or any other CommVault-owned graphic, symbol, logo, or icon in a disparaging manner.
• Do not use or otherwise imitate CommVault's distinctive packaging, web site design, logos, color combinations, graphic designs, imagery, product icons, or typography.
• Do not use CommVault Marks in a way that suggests a common, descriptive, or generic meaning.
• CommVault Marks may not be used in the title of your website or as part of any domain name.
• Any use of CommVault Marks outside the United States must be approved in writing by CommVault prior to use.

Specific Uses of CommVault Marks

• Advertising, Promotional, and Sales Materials. Generally, you must have our prior written permission to use CommVault marks commercially. For example, only CommVault and its authorized resellers and licensees may use the CommVault Marks in advertising, promotional, and sales materials. If you are a CommVault authorized reseller or licensee, your use of the CommVault Marks shall be governed by your reseller agreement or license as appropriate, but in any event this use must be in a manner that is no less stringent than the standards set forth in this Guide.
• CommVault Logo and Other Graphics. You must have our express written permission to use the CommVault Logo or any other CommVault-owned graphic, symbol, logo, or icon. For example, we may provide such permission in our reseller or technology partner agreements.
• Web Sites. Subject to the conditions of these guidelines, you may use appropriate CommVault word Marks (but not the CommVault logo) on Web sites that serve only as noncommercial electronic informational forums concerning a CommVault product or technology. Sorry, but we still do not allow commercial use of CommVault Marks or any use of the CommVault logo without our prior written permission. In addition, the name and logo of the website and its sponsor must appear more prominently than the CommVault trademarks on all materials related to the website.
• Links. You may place a text link to a CommVault web page on your site provided that the link is not a prominent feature on your site or used in any manner to mislead consumers.
• Publications, Seminars, and Conferences. You may reference CommVault word Marks relating to our products and services in periodicals, or in the title of seminars and conferences provided you comply with these guidelines and the following conditions:
  • The publication, seminar, or conference should relate to the specific CommVault product or service referenced.
  • You must have our written permission to use of our logo or other graphical marks in connection with any publication, seminar, or conference.
  • Your name and logo should appear more prominently than CommVault word Marks on all materials related to the periodical, seminar, or conference.
  • You provide written notice of CommVault's trademark ownership in any materials provided as described by these guidelines.

COMMVAULT MARKS CHART
If you are permitted to use the CommVault Marks, please be sure to properly do so as described in these guidelines and as further set forth in the chart below:

If you have any questions regarding these guidelines or you wish to obtain permission regarding use of a specific CommVault Mark, please send an e-mail to CommVault's Trademark Department at tm@commvault.com.

Patents

CommVault software is covered by US Patent Numbers: 5,559,991; 5,642,496; 6,418,478; 6,542,972; 6,658,436; 6,721,767; 6,760,723; 7,003,641; 7,035,880; 7,107,298; 7,130,970; 7,155,481; 7,162,496; 7,174,433; 7,209,972; 7,246,207; 7,277,941; 7,287,047; 7,315,923; 7,315,924; 7,343,356; 7,343,453; 7,343,459; 7,346,623; 7,346,751; 7,380,072; 7,389,311; 7,395,282; 7,401,154; 7,409,509; 7,434,219; 7,440,982; 7,447,692; 7,454,569; 7,457,790; 7,472,142; 7,472,238; 7,484,054; 7,490,207; 7,500,053; 7,529,782; 7,536,291; 7,539,707; 7,539,783; 7,543,125; 7,546,324; 7,568,080; 7,581,077; 7,584,227; 7,596,586; 7,603,386; 7,603,518; 7,606,844; 7,613,748; 7,613, 752; 7,617,253; 7,617,262; 7,620,710; 7,631,151; 7,631,351; 7,636,743; 7,644,245; 7,651,593; 7,657,550; 7,657,666; 7,660,800; 7,660,807; 7,661,028; 7,668,884; 7,707,178; 7,711,700; 7,734,593; 7,734,669; 7,739,381; 7,739,450; 7,739,459; 7,747,579, and other patents and patents pending.

If you have any questions regarding these patents, please contact our Legal Department or contact patents@commvault.com.

Additional Licensing Information

CommVault® Simpana® software is licensed to you under the CommVault End User License Agreement (the "EULA") a copy of which was provided to you with the software and which is also published at www.commvault.com/eula However, like other software providers in the data management and storage market, we also use certain third party software contributions. All required third party software notices are provided to you with the software and are listed in BooksOnLine.

As required by the LZO open source software license, below, is the source code relating to CommVault's use of LZO software in the cvlzolib.dll.

/******************************************************************************/
/*  Copyright (c) 1999-2001 CommVault Systems                                 */
/*  All Rights Reserved                                                       */
/*                                                                            */
/*  THIS IS UNPUBLISHED PROPRIETARY SOURCE CODE OF CommVault Systems          */
/*  The copyright notice above does not evidence any                          */
/*  actual or intended publication of such source code.                       */
/*                                                                            */
/*  File name   : CVLZOLib.h                                                  */
/*                                                                            */
/*  Description : LZO software compression library header                     */
/*                                                                            */
/*  Author      : Henry Dornemann                                             */
/*                                                                            */
/*  Date        : March 16, 2001                                              */
/*                                                                            */
/*                                                                            */
/******************************************************************************/


/*---------->  Includes  <----------*/
#include "CVLZOLIB/minilzo.h"



/*----------> Function Prototypes  <----------*/
/* library initilization */
LZO_EXTERN(BOOL) cv_lzo_init  (void);

/******************************************************************************/
/*  Copyright (c) 1999 CommVault Systems                                      */
/*  All Rights Reserved                                                       */
/*                                                                            */
/*  THIS IS UNPUBLISHED PROPRIETARY SOURCE CODE OF CommVault Systems          */
/*  The copyright notice above does not evidence any                          */
/*  actual or intended publication of such source code.                       */
/*                                                                            */
/*  File name   : CVLZOLibMain.h                                              */
/*                                                                            */
/*  Description : CommVault LZO Compression Library Main Interface            */
/*                                                                            */
/*  Author      : Henry Dornemann                                             */
/*                                                                            */
/*  Date        : March 28, 2001                                              */
/*                                                                            */
/*                                                                            */
/******************************************************************************/



/*---------->  Defines  <----------*/


// Subsystem Names
#define	CVLZO_SUBSYSTEM_NAME				"CVLZO"



/*---------->  Function Prototypes  <----------*/
int GetLogSenderID();



/******************************************************************************/
/*  Copyright (c) 1999-2001 CommVault Systems                                 */
/*  All Rights Reserved                                                       */
/*                                                                            */
/*  THIS IS UNPUBLISHED PROPRIETARY SOURCE CODE OF CommVault Systems          */
/*  The copyright notice above does not evidence any                          */
/*  actual or intended publication of such source code.                       */
/*                                                                            */
/*  File name   : CVLZOLib.cpp                                                */
/*                                                                            */
/*  Description : LZO software compression library                            */
/*                                                                            */
/*  Author      : Henry Dornemann                                             */
/*                                                                            */
/*  Date        : March 16, 2001                                              */
/*                                                                            */
/*                                                                            */
/******************************************************************************/


/*---------->  Includes  <----------*/
#include 
#include 


/*---------->  Function Definitions  <----------*/


/*****************************************************************************
* Function: cv_lzo_init
* Author: Henry Dornemann
* Description: LZO Library initilization export
* Returns: boolean value TRUE if init succeeds FALSE if init fails
*****************************************************************************/
LZO_EXTERN(BOOL) cv_lzo_init  (void)
{
	if (lzo_init() != LZO_E_OK)
		return FALSE;
	else
		return TRUE;
}

/******************************************************************************/
/*  Copyright (c) 1999 CommVault Systems                                      */
/*  All Rights Reserved                                                       */
/*                                                                            */
/*  THIS IS UNPUBLISHED PROPRIETARY SOURCE CODE OF CommVault Systems          */
/*  The copyright notice above does not evidence any                          */
/*  actual or intended publication of such source code.                       */
/*                                                                            */
/*  File name   : CVLZOLibMain.c                                              */
/*                                                                            */
/*  Description : CommVault LZO Compression Library Main Implementation       */
/*                                                                            */
/*  Author      : Henry Dornemann                                             */
/*                                                                            */
/*  Date        : March 28, 2001                                              */
/*                                                                            */
/*                                                                            */
/******************************************************************************/


/*---------->  Includes  <----------*/

// Standard Headers
#include 
#include 
#include 
#include 

// NetWare Headers
#include 
#include 

// Galaxy Headers
#include "CVDefs.h"
#include "CVNWDefs.h"
#include "CVErrors.h"
#include "CVLog.h"
#include "GalaxyLoaderAPI.h"

#include "minilzo.h"

// CVZLib Headers
#include "CVLZOLibMain.h"



/*---------->  Member Variables  <----------*/
int m_MainThreadID = CVNW_INVALID_THREAD_ID;
int m_MainThreadGroupID = CVNW_INVALID_THREAD_GROUP_ID;
int m_MainThreadRunning = TRUE;
int m_UnloadFlag = FALSE;
int m_loaderRegistrationHandle = GALAXY_LOADER_INVALID_REGISTRATION_HANDLE;
int m_LogSenderID = CVLOG_INVALID_SENDER_ID;


/*---------->  Function Prototypes  <----------*/
void SigTermHandler(int sig);
void LoaderSigTermHandler(void);
bool InitializeNLM();
void ExitProcedure();
void WaitForUnload();
void StopLoggingService();


/*---------->  Main  <----------*/

/*****************************************************************************
* Function: main
* Author: Henry Dornemann
* Description: Main funciton for the CommVault LZO Compression Library
*****************************************************************************/
void main()
{
	// Store the Thread ID Variables
	m_MainThreadID = GetThreadID();
	m_MainThreadGroupID = GetThreadGroupID();

	// Perform the NLM Initilization
	if (InitializeNLM() == TRUE)
	{
		// Tell the Loader that we're good to go
		GalaxyLoaderSignalReady(m_loaderRegistrationHandle, GALAXY_LOADER_READY_STATUS_SUCCESSFUL);
		// Hang out until told to unload
		WaitForUnload();
	} // End if proper initilization was preformed

	// Cleanup
	ExitProcedure();
	// Signal that the main thread has terminated
	m_MainThreadRunning = FALSE;
}



/*---------->  Method Definitions  <----------*/

/*****************************************************************************
* Function: InitializeNLM
* Author: Henry Dornemann
* Purpose: 
*****************************************************************************/
bool InitializeNLM()
{
	// Register with the Galaxy Loader
	GalaxyLoaderRegister(NULL, LoaderSigTermHandler, &m_loaderRegistrationHandle);
	// Register for the unload signal
	signal (SIGTERM, SigTermHandler);

	// Every thread must have focus
	if (CVFocusCreateFocus() == FALSE)
	{
		ConsolePrintf ("\rCVLZOLIB.NLM out of memory\r\n");
		return FALSE;
	}
	// Focus to the physical machine
	CVFocusSetFocus(NULL);

	// Register with the Logger
	if (StartLoggingService() == FALSE)
	{
		GalaxyLoaderPrintf(m_loaderRegistrationHandle, GALAXY_LOADER_MSG_ERROR, "Failed to Register with CVLogger");
		return FALSE;
	} // End if we failed to register with the Logger

	// Initialize the LZO compression Library
	if (lzo_init() != LZO_E_OK)	
	{
		GalaxyLoaderPrintf(m_loaderRegistrationHandle, GALAXY_LOADER_MSG_ERROR, "Failed to Initialize LZO Compression Library");
		return FALSE;
	} // End if we failed to initialize the LZO compression library

	return TRUE;
}


/*****************************************************************************
* Function: ExitProcedure
* Author: Henry Dornemann
* Purpose: 
*****************************************************************************/
void ExitProcedure()
{
	// Deregister from the logger
	StopLoggingService();
	// Deregister from the loader
	GalaxyLoaderDeregister(&m_loaderRegistrationHandle);
	// free focus
	CVFocusDestroyFocus();
}


/*****************************************************************************
* Function: CheckUnload
* Author: Henry Dornemann
* Purpose: 
*****************************************************************************/
bool CheckUnload()
{
	return m_UnloadFlag;
}


/*****************************************************************************
* Function: SetUnload
* Author: Henry Dornemann
* Purpose: 
*****************************************************************************/
void SetUnload()
{
	// Set the Unload flag
	m_UnloadFlag = TRUE;
	// Wake up the main Thread
	ResumeThread(m_MainThreadID);
}


/*****************************************************************************
* Function: WaitForUnload
* Author: Henry Dornemann
* Purpose: 
*****************************************************************************/
void WaitForUnload()
{
	SuspendThread(m_MainThreadID);
}


/*****************************************************************************
* Function: StartLoggingService
* Author: Henry Dornemann
* Purpose: Registers up with the CVLogger to perform centralized logging of
*	all messages.  if the logger is not read this function will wait until it
*	is available. 
*****************************************************************************/
int StartLoggingService()
{
	// wait until the logger is completely read to go
	// ++++ time out
	while (CVLogCheckReady() == FALSE)
		delay(200);
	// At this point the logger is ready to go so lets register with it
	if (CVLogRegister("CVLZOLIB", &m_LogSenderID, NULL) == CVLOG_SUCCESS)
		return TRUE;
	else
		return FALSE;
}


/*****************************************************************************
* Function: StopLoggingService
* Author: Henry Dornemann
* Purpose: Deregisters from the logger 
*****************************************************************************/
void StopLoggingService()
{
	CVLogDeRegister(m_LogSenderID);
}


/*****************************************************************************
* Function: GetLogSenderID
* Author: Henry Dornemann
* Purpose: Returns the global log sender idetification
* Returns: Returns the global log sender idetification
*****************************************************************************/
int GetLogSenderID()
{
	return m_LogSenderID;
}



/*****************************************************************************
* Function: SigTermHandler
* Author: Henry Dornemann
* Purpose: Registered as a callback for signal.  Called when the user
*	has requested to unload the NLM.  Sets the Unload Flag.  Then waits for 
*	the main thread to unload.
* Parameters: 
*	sig - (in) default parameter for a signal handler.  not used
*****************************************************************************/
void SigTermHandler(int sig)
{
	int saveThreadGroupID;
	// Remove warning message
	sig = sig;
	// Switch to the Main Thread Context
	saveThreadGroupID = SetThreadGroupID(m_MainThreadGroupID);
	// Set the unload Flag
	SetUnload();
	// Wait for main to terminate.  
	while (m_MainThreadRunning == TRUE)
		delay(200);
	// Switch back to the OS Thread Context
	SetThreadGroupID(saveThreadGroupID);
}


/*****************************************************************************
* Function: LoaderSigTermHandler
* Author: Henry Dornemann
* Purpose: Wrapper for the Sig Term Handler for use by the Loader.
*	Called when the loader is unloading to tell CVEvLib to Unload
*****************************************************************************/
void LoaderSigTermHandler(void)
{
	int saveThreadGroupID;

	// Switch to the Main Thread Context
	saveThreadGroupID = SetThreadGroupID(m_MainThreadGroupID);
	// Set the unload Flag
	SetUnload();
	// Put the thread id back the way we found it
	SetThreadGroupID(saveThreadGroupID);
}

CommVault Systems, Inc.

End User License and Limited Warranty Agreement

CommVault® Simpana® Software Release 9.0.0

(including Microsoft® SQL Server™ 2008 Enterprise Edition, SQL Server™ 2008 Express Edition and Windows Pre-Installation Environment)

End User License Agreement

IMPORTANT- READ CAREFULLY: THIS END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AS AN INDIVIDUAL OR ENTITY) (“YOU”) AND COMMVAULT SYSTEMS, INC. (“COMMVAULT”) FOR THE ABOVE-REFERENCED SOFTWARE PRODUCT(S), WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, AND “ONLINE” OR ELECTRONIC DOCUMENTATION (“SOFTWARE”). BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE. YOU SHALL INFORM ALL USERS OF THE SOFTWARE OF THE TERMS AND CONDITIONS OF THIS EULA.

This EULA, grants You, the user, a non-exclusive license to use the Software under the terms and conditions stated herein. You agree that all updates, enhancements, maintenance releases, patches, bug-fixes or other modifications to the Software provided to You, on a when and if available basis, shall be governed by the terms and conditions, including the limited warranty, exclusive remedies and limitations of liability provisions, contained in this EULA, or the then-current version of this EULA. This EULA may be amended from time to time by CommVault, in its discretion, and will be made available at www.commvault.com. Except as otherwise provided herein, the license granted herein shall be perpetual provided You comply with the terms hereof. This EULA shall be in effect until terminated except as expressly otherwise provided herein. You may terminate this EULA at any time by destroying all copies of Software and corresponding documentation. This EULA will terminate immediately without notice from CommVault if You fail to comply with any provision of this EULA. Upon termination, You must destroy all copies of Software in Your possession or control.

You may: (i) use the Software, with the same or lower version number identified herein, in numbers equal to the number of licenses purchased for all items, or in the event You are licensing the Software on a capacity basis, up to the maximum capacity purchased; (ii) make copies of the Software, documentation or other user information accompanying the Software solely for back-up purposes, provided such back-up copies are only utilized as a replacement for the original copy on the same computer that the Software was previously installed; and, (iii) make a copy of or print documentation provided in electronic form for Your internal use only, and You may use CommVault trademarks solely for these purposes, but You must incorporate all patent, copyright, trademark and other notices included on the materials on any copies or partial copies that You make.

You may not: (i) make a copy of any of the Software for any purpose not explicitly permitted herein; (ii) provide commercial hosting services, sell, sublicense, rent, loan or lease the Software to another party, without the prior written consent of CommVault; (iii) except to the extent that such a prohibition is expressly prohibited by law, decompile, disassemble, reverse engineer or modify, in any manner, any of the Software; (iv) transfer or assign Your rights to use the Software; (v) use the Software in violation of applicable local, federal or other laws or regulations; (vi) use the Software for any purpose other than as permitted in this EULA; or, (vii) remove, destroy, erase, alter or otherwise modify CommVault’s trademarks.

Unless this software is provided to You for beta, demonstration, test, or evaluation purposes or is labeled “Not for Resale” as further described herein, You agree to use the Software solely for Your internal data center operations and to restrict any access to the Software, documentation, or other user information accompanying the Software only to those of your employees having a demonstrable need to have such access for your internal data processing operations. You agree that you shall not permit any access to the Software, documentation, or other user information accompanying the Software to any person engaged in product research, development, support, sales, marketing, or other functions not directly related to your internal data processing operations. You also agree not to use the Software, documentation, or user information accompanying the Software to assist, directly or indirectly, in the development or design of any computer hardware or software program including, but not limited to, a program that provides or is intended to provide or include a similar feature or functionality as the Software, or any conversion utility or aid relating to the Software intended to enable or facilitate a user’s conversion from the use of the Software to an alternative program. Any software CommVault and/or its licensors may provide You as part of maintenance and support services are governed by this EULA, unless separate terms are provided. This EULA does not obligate CommVault and/or its licensors to provide any maintenance and support services or to support any Software provided as part of those services. If support services are provided, they shall be provided in accordance with CommVault’s then current policies, as such may be amended from time to time. In the event You elect to purchase maintenance and support services, You must purchase such maintenance and support services for all of the licensed Software in Your entire environment. Such maintenance and support services shall begin on the date Software is shipped to You. Personal health information, personal financial information, or any other personally identifiable information is not necessary for CommVault’s provision of services. You agree that You will not provide any such information to CommVault.

You agree that CommVault and/or its licensors may, for business purposes, collect, process, and use technical information gathered as part of any product maintenance and support services provided to You related to the Software and any other technical information You provide to CommVault provided that such information does not personally identify You.

All title and intellectual property rights in and to the Software, and any copies You are permitted to make herein, are owned by CommVault and/or its licensors and is protected by United States and other country patent, copyright, trade secret, and other laws and by international treaty provisions. Such licensors, in addition to any other rights or remedies available to them, are third party beneficiaries of this EULA for their respective software and may have the right to enforce such terms against You. This Software is licensed, not sold. The purchase of a license to the Software is final, non-returnable and non-refundable. Acceptance of the Software occurs upon shipment by CommVault or its licensors. No rights are granted to You other than a license to use the Software upon the terms expressly set forth in this EULA. The structure, sequence, organization and source code of the Software are valuable trade secrets of CommVault and/or its licensors. The export of the Software may be restricted by the export control laws of the United States of America and other countries. You agree to comply strictly with all such regulations and acknowledge that You have the responsibility to obtain licenses to export, re-export, or import Software. This EULA shall be governed by the laws of New Jersey, USA, without regard to any provisions concerning the applicability of the laws of other jurisdictions. This EULA is the complete and exclusive statement of Your agreement with CommVault with respect to the subject matter hereof and supersedes all prior agreements. This EULA supersedes all terms and conditions contained in any purchase order, order acknowledgment form, invoice or other business form submitted by You. No advertisements, catalogues or other publications or statements, whether written or oral, regarding the performance of the Software licensed under this EULA shall form part of this EULA. If any provision of this EULA is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this EULA shall remain in full force and effect.

In the event You license the Software on a capacity basis, if you exceed the maximum capacity purchased, the Software may cease to operate normally and/or performance may be impaired; provided however that reducing Your usage to the purchased capacity level or purchasing additional capacity will return the Software to its normal operation. Any excess capacity usage above the purchased maximum shall entitle CommVault to invoice You for licensed capacity and maintenance and support amounts owed, and if You fail to pay for the excess usage, CommVault shall be entitled to any self-help or other remedies available. You shall provide CommVault with any usage reports immediately upon request (and You shall not interfere with any automated reporting features) in order to enable CommVault to verify Your capacity usage.

To ensure compliance with this EULA, You agree that upon reasonable notice, CommVault or CommVault’s authorized representative shall have the right to inspect and audit Your installation and use of the Software. Any such inspection or audit shall be conducted during regular business hours at your facilities or electronically. Any information obtained during the course of such audit will be used by CommVault solely for the enforcement of CommVault’s rights under this EULA and applicable law. If such audits disclose that you have installed, accessed, used, or otherwise permitted access to the Software in a manner that is not permitted by the terms of this EULA, then CommVault may terminate this EULA immediately and You shall reimburse CommVault for any unpaid license fees and all reasonable expenses related to such audit. Nothing in this section shall be deemed to limit any legal or equitable remedies available to CommVault for violation of this EULA or applicable law.

Any reports regarding Your use of the Software and any other usage information, results, comments, or suggestions provided by You to CommVault regarding the Software (collectively, the “Feedback”) shall be deemed non-confidential to You. By providing Feedback, You grant and assign to CommVault, under Your intellectual property rights and other ownership rights, a worldwide, royalty-free, irrevocable, and non-exclusive license, with the right to sublicense to CommVault licensees and customers, the rights to use and disclose the Feedback in any manner CommVault chooses, and to display, perform, copy, make, have made, use, sell, and otherwise dispose of CommVault’s products embodying the Feedback in any manner and via any media CommVault or its licensees choose, without obligation to You. To the extent that You may acquire by operation of law or equity, any right, title, or interest, including any intellectual property rights, in or to the Feedback, or any modifications, or developments related thereto, You hereby assign to CommVault Your entire right, title, and interest, including all intellectual property rights, therein and thereto, and agree to execute any necessary documents as reasonably required and requested by CommVault in connection with the foregoing. The above provisions and rights granted regarding title and intellectual property rights associated with the Software and the Feedback shall survive termination of this EULA.

If the Software is provided to You electronically, You may not request, and CommVault is under no obligation to provide, physical delivery of any Software or media. You agree to be responsible for all taxes and any penalties and/or interest associated with Your purchase or use of the Software. You understand and agree that subsequent Software deliveries may not be eligible for electronic delivery, and in the event physical delivery is made, You shall be solely responsible for any taxes on that, or any prior, purchase. You represent and warrant that neither You, nor any of Your affiliates, have received any physical media from CommVault containing the Software. In the event that any taxing or governmental authority makes a claim against CommVault for taxes, interest, penalties or other payments related to the delivery and/or purchase by You of the Software, You agree to indemnify and hold CommVault harmless from and against all such claims, proceedings, actions and liabilities associated therewith.

All rights not expressly granted hereunder are expressly reserved by CommVault.

Software Labeled “Not for Resale” or Provided for Beta, Demonstration,
Test, or Evaluation Purposes

If the Software is provided to You for beta, demonstration, test or evaluation purposes or is labeled “Not for Resale,” then, notwithstanding anything to the contrary in the EULA: (i) The licenses granted herein shall be for a term of thirty (30) days (the “Evaluation Period”) unless otherwise agreed to in writing by CommVault, and CommVault reserves the right to terminate this EULA or any licenses granted hereunder immediately upon written notice at its convenience; (ii) Your use of the Software is limited to use for demonstration, test or evaluation purposes, and You may not resell or otherwise transfer the Software; (iii) You agree to keep confidential and not to disclose or otherwise make publicly available any information related to the Software, including, but not limited to test results, characteristics, and performance of the software; (iv) You agree not to copy the Software and not to provide a copy of the Software to any other party; (v) You agree not to use the Software in a production environment or for production data processing purposes, and that any use of the Software in a production environment or for production data processing purposes is at Your sole risk to backup data and take other appropriate measures to protect Your computer programs and data; and (vi) You agree to immediately, on or before the end of the Evaluation Period, promptly remove, destroy, and erase from computer memory and storage media any installed copy of the Software, and return the Software to CommVault together with all documentation and other materials provided by CommVault. Limited duration licenses, site licenses, beta, evaluation, test or demonstration Software products are delivered “AS IS” without a warranty of any kind. CommVault shall have no obligation to support, maintain, or provide other assistance regarding any limited duration licenses, site licenses, beta, evaluation, test, or demonstration Software products. If the Software is provided to you for BETA, demonstration, test, or evaluation purposes or is labeled “Not for Resale,” IN NO EVENT WILL COMMVAULT BE LIABLE FOR ANY DAMAGES FOR ANY CAUSE OR FOR ANY CLAIM BY BORROWER OR FOR ANY THIRD PARTY CLAIM, INCLUDING BUT NOT LIMITED TO ANY DIRECT DAMAGES, ACTUAL DAMAGES, LOST PROFITS, LOST DATA OR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF COMMVAULT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Note on JAVA Support

THIS SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Microsoft Corporation obligated CommVault to make this disclaimer.

Limited Warranty

With the exception of Software provided to You for beta, demonstration, test or evaluation purposes or that is labeled “Not for Resale”, CommVault warrants that the Software licensed hereunder shall be new and shall operate substantially in accordance with its user documentation for a period of ninety (90) days from the date of shipment by CommVault or its licensors (hereinafter the "Warranty Period"). If, during the Warranty Period, You believe any Software product to be defective, You must immediately notify CommVault in writing and follow CommVault’s instructions regarding the return of such Software. CommVault’s sole liability to You, and Your sole remedy, shall be, at CommVault’s option, (i) repair or replacement of the Software product which does not comply with this Limited Warranty, or (ii) return of the amount paid by You for the Software product which does not comply with the Limited Warranty. In the event CommVault determines that the Software product is in compliance with this Limited Warranty, You shall pay the cost of all charges associated with the inspection and shipment of such Software product by CommVault. The user documentation is the exclusive statement of performance of the Software licensed hereunder.

Disclaimer. COMMVAULT DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR FREE. THIS LIMITED WARRANTY PROVIDED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES. COMMVAULT AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, AND COMMVAULT AND ITS LICENSORS EXPRESSLY EXCLUDE AND DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THE PROVISIONS SET FORTH ABOVE STATE COMMVAULT’S AND ITS LICENSORS’ ENTIRE RESPONSIBILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF ANY WARRANTY.

No Consequential Damages. NEITHER COMMVAULT, NOR ANY OF ITS LICENSORS, WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY OTHER PARTY, FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOSS OF INFORMATION OR DATA OR ANY OTHER SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER REGARDLESS OF THE FORM OF ACTION, EVEN IF COMMVAULT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF AN ESSENTIAL PURPOSE OF THIS LIMITED WARRANTY.

Limit of Liability. IN THE EVENT COMMVAULT OR ITS LICENSORS ARE SUBJECT TO ANY LIABILITY IN CONNECTION WITH THE SOFTWARE PRODUCTS FOR ANY REASON WHATSOEVER, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE, NEITHER COMMVAULT’S LIABILITY NOR THE LIABILITY OF ITS LICENSORS SHALL EXCEED THE SUM PAID BY YOU TO COMMVAULT FOR THE SOFTWARE PRODUCT WHICH WAS FOUND TO HAVE NOT COMPLIED WITH THIS LIMITED WARRANTY. THIS LIMITATION SHALL APPLY EVEN IF COMMVAULT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY.

These terms and conditions, warranties, limitations and remedies contain an allocation risk between You and CommVault. Accordingly, CommVault’s prices reflect such allocation of risk. Because some jurisdictions restrict the ability to exclude implied warranties, limit or exclude incidental or consequential damages or limit liability, the foregoing limitations and exclusions may not apply to You.

United States Government and DOD

This article applies to all acquisitions of this Software by or for the Federal Government. By accepting delivery of this Software, You hereby agree that this software qualifies as “commercial computer software” as that term is used in the acquisition regulation(s) applicable to this procurement. The terms and conditions of this EULA shall pertain to the Government’s use and disclosure of this Software, and shall supersede any conflicting contractual terms and conditions. If this EULA fails to meet the Government’s minimum needs or is inconsistent in any respect with Federal procurement law, the Government agrees to return this software, unused, to CommVault.

All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

The following paragraph is applicable only to CommVault 1-Touch products containing Microsoft Windows Pre-Installation Environment (WinPE) software: (i) The license for the CommVault 1-Touch product is limited to its use as a boot, diagnostic, disaster recovery, setup, restoration, emergency services, installation, test and/or configuration utilities program and not for use as a general purpose operating system or a fully functional version of any operating system product; (ii) the WinPE software is provided “as is”; (iii) the 1-Touch products, by virtue of the inclusion of WinPE, contain a security feature that will cause the computer system to reboot without prior notification to You after 24 hours of continuous use; (iv) neither Microsoft nor any Microsoft affiliate shall have any liability related to the 1-Touch or the WinPE products; and (v) all customer support issues will be handled solely by CommVault.

The Software may contain certain software licensed by Microsoft to CommVault. You warrant that You are not licensing Microsoft products under this EULA and that any copies of Microsoft software that You receive from CommVault as a result of licensing the Software do not entitle You to maintain on Your computer systems any more copies of Microsoft software than you may have previously licensed from Microsoft or other third parties. Microsoft is an intended third party beneficiary of this EULA with the right to enforce warranties and any other provision of the EULA and to verify Your compliance with same.

The Software may contain Data Files of IBM Lotus Domino © Copyright IBM Corporation 2007. All Rights Reserved.

DVD, MO and UDO recording software developed under license from PoINT Software & Systems GmbH- www.pointsoft.de.

Trademark Acknowledgment

CommVault, CommVault and logo, the “CV” logo, CommVault Systems, Solving Forward, SIM, Singular Information Management, Simpana, CommVault Galaxy, Unified Data Management, QiNetix, Quick Recovery, QR, CommNet, GridStor, Vault Tracker, InnerVault, QuickSnap, QSnap, Recovery Director, CommServe, CommCell, ROMS, SnapProtect and CommValue are trademarks, and may be registered trademarks, of CommVault Systems, Inc.  By using any of the CommVault trademarks as authorized herein, in whole or part, You agree to be bound by the then-current CommVault Trademark Guidelines located at www.commvault.com/trademarks. All other third party brands, products, service names, trademarks, or registered service marks are the property of and used to identify the products or services of their respective owners.

Patent Acknowledgment

This Software is covered by US Patent Numbers 5,559,991; 5,642,496; 6,418,478; 6,542,972; 6,658,436; 6,721,767; 6,760,723; 7,003,641; 7,035,880; 7,107,298; 7,130,970; 7,155,481; 7,162,496; 7,174,433; 7,209,972; 7,246,207; 7,277,941; 7,287,047; 7,315,923; 7,315,924; 7,343,356; 7,343,453; 7,343,459; 7,346,623; 7,346,751; 7,380,072; 7,389,311; 7,395,282; 7,401,154; 7,409,509; 7,434,219; 7,440,982; 7,447,692; 7,454,569; 7,457,790; 7,472,142; 7,472,238; 7,484,054; 7,490,207; 7,500,053; 7,529,782; 7,536,291; 7,539,707; 7,539,783; 7,543,125; 7,546,324; 7,568,080; 7,581,077; 7,584,227; 7,596,586; 7,603,386; 7,603,518; 7,606,844; 7,613,748; 7,613, 752; 7,617,253; 7,617,262; 7,620,710; 7,631,151; 7,631,351; 7,636,743; 7,644,245; 7,651,593; 7,657,550; 7,657,666; 7,660,800; 7,660,807; 7,661,028; 7,668,884; 7,707,178; 7,711,700; 7,734,593; 7,734,669; 7,739,381; 7,739,450; 7,739,459; 7,747,579, and other patents and patents pending. See www.commvault.com/patents for information about these and other patents covering this Software.

Copyright Acknowledgment

© 1997-2011 CommVault Systems, Inc. All rights reserved.