StorNext Software Evaluation Online Request

Submit this form to request a FREE 30-day evaluation of StorNext.

Requestor's Contact Information

First Name:		Last Name:
Job Title:		Company:
Address:		Address 2:
City:		State:
Zip Code:		Country:
Email:		Phone:

End-user Information

First Name:		Last Name:
Company Name:		Phone:
Company Address:		Address 2:
City:		State:
Zip Code:		Country:

Is the shipping address same as above? Yes No

Address:		Address 2:
City:		State:
Zip Code:		Country:

Is the installation site same as end-user address? Yes No

Address:		Address 2:
City:		State:
Zip Code:		Country:

Reseller Company Name

Quantum Software Evaluation Agreement

This Customer Software Evaluation Agreement (“Agreement”) is made and entered into as of the date last executed by and between Requestor (hereinafter referred to as “Recipient”) and Quantum Corporation, having a principle place of business at 1650 Technology Drive, Suite 700, San Jose, CA 95110-1382 (hereinafter referred to as “Quantum”).

Quantum shall provide Recipient the software described and listed in the table below (the “Software”) for the purpose of integrating its functionality and usability with Recipient’s environment (“Purpose”).  The Product will be installed at the above location under the conditions hereinafter set forth:

1.     Upon execution of this Agreement, Quantum will issue a product key to the Recipient that will allow the Software to run for thirty (30) days (“Evaluation Period”).  At the end of this thirty (30) days period, all of the Recipient’s use rights shall terminate.  If the Recipient licenses the Software from Quantum, a permanent authorization string will be issued.

2.        In the event that Recipient breaches this Agreement, Quantum may terminate this Agreement immediately upon written notice to Recipient.  Further, either party may terminate this Agreement without cause on five days’ prior written notice.  If at any time Quantum determines that Software is not being used consistent with the Purpose and in accordance with the terms of this Agreement, it will be considered a breach and Quantum may terminate this Agreement effective immediately upon notice to Recipient.  Upon termination of the Agreement, all Recipient use rights granted hereunder will immediately terminate, and Recipient must follow the steps for return of Software in Section 7 below.

3.         Recipient’s rights and obligations regarding the Software evaluation are as follows:

a.        Recipient is granted a personal, non-exclusive, non-transferable license, without the right to sublicense, to use Software, for the Purpose described above.  Quantum remains the sole owner of Software and the license granted herein shall terminate upon termination of this Agreement.  No source code or source code license is provided hereunder;

b.        Recipient shall not decompile or reverse compile, disassemble, list, print, decode, translate or otherwise attempt to obtain, or obtain access to, source code for Software or permit others to do so;

c.        Recipient shall not modify Software, nor shall Recipient copy Software, except for a single copy of Software as part of Recipient’s normal archive and back-up procedures;

d.        Recipient shall not disclose, provide, transfer or otherwise make available the Software or documentation, or any portion thereof, to any person other than Recipient or Quantum personnel without the prior written consent of Quantum.  Furthermore, Recipient agrees that it will not store on any media or otherwise use the Software or portions thereof such that any third party through any data processing network or other means may gain access to the Software;

e.        Recipient shall exercise the same degree of care in protecting the Software from unauthorized disclosure that is does in protecting its own Software, intellectual property, or trade secrets, but not less than reasonable care;  and

f.         Recipient agrees that it will not store the Software on any media or otherwise use the Software or portions thereof such that any third party through a data network or other means may gain access to the product.

4.        Recipient shall have no right, title or interest in Software. Title to and ownership of all intellectual property, patents, patent applications, pending patents, trademarks, trade secrets, copyrights, and all related information and documentation will remain with Quantum at all times.  Recipient may not move, transfer, or install Quantum Software at different locations without prior notification and the written consent of Quantum. Recipient shall not remove from Software, documentation, or distribution media any copyright notices, decals or other indicia of Quantum ownership.  Without the prior written consent of Quantum, Recipient shall not make any alterations, additions, or modifications to Software.

5.        For purposes of this Agreement, "Confidential Information" means: (i) business and technical information and any source code or binary code, which Quantum discloses to Recipient related to Software; and (ii) the terms, conditions, and existence of this Agreement. Recipient may not disclose or use Confidential Information, except for the purposes specified in this Agreement. Recipient will protect the Confidential Information with the same degree of care, but not less than a reasonable degree of care, as Recipient uses to protect its own Confidential Information. Recipient obligations regarding Confidential Information will expire in no less than five (5) years from the date of receipt of the Confidential Information, except for Quantum source code, which will be protected in perpetuity. Recipient agrees that Software contains trade secrets of Quantum. Notwithstanding any provisions contained in this Agreement concerning nondisclosure and non-use of the Confidential Information, the nondisclosure obligations shall not apply to any portion of Confidential Information that Recipient can demonstrate in writing is: (i) now, or hereafter through no act or failure to act on the part of Recipient becomes, generally known to the general public; (ii) known to Recipient at the time of receiving the Confidential Information without any obligation of confidentiality; (iii) hereafter rightfully furnished to Recipient by a third party without restriction on disclosure; or (iv) independently developed by Licensee without any use of the Confidential Information. Recipient must restrict access to Confidential Information to its employees or contractors with a need for this access to perform their employment or contractual obligations and who have agreed in writing to be bound by a confidentiality obligation, which incorporates the protections and restrictions substantially as set forth in this Agreement.

6.        The Software shall be provided in object code form on appropriate media. In consideration for its right to use the Software, Recipient shall report to Quantum the results of its tests and evaluations no later than upon the expiration of the Evaluation Period, or any earlier termination of this Agreement.  Evaluation and test results will be considered Confidential Information under the terms of this Agreement.  Recipient will not disclose any testing or evaluation information to any third party without the written consent of Quantum.

7.        If the Recipient does not elect to license the Software from Quantum after the thirty (30) day Evaluation Period has elapsed, Recipient shall return at Recipient’s cost the Software, distribution media, and documentation, and any and all copies thereof, to Quantum.  Upon return of the Software and documentation, all of the Evaluator’s obligations with respect to this Agreement shall terminate, except for those relating to the protection of Quantum's intellectual property, including trade secrets, which shall constitute a continuing obligation.

8.     Recipient agrees to make payment, upon receipt of an invoice from Quantum, for any Software or related materials that were either damaged, or not returned to Quantum within ten days of termination or expiration of the Evaluation Period.

9.     If Recipient purchases Software, the standard Quantum Terms and Conditions will apply and will be incorporated by reference.  These Terms and Conditions accompany the Sales Quote and are available at www.quantum.com.  Quantum rejects any and all provisions in Purchaser’s Purchase Order or responsive document which contradict or add to the terms regarding the purchase of Software.

10.   Quantum will support Software during normal business hours throughout the approved  Evaluation Period; however, Quantum will have no obligation under this Agreement to provide maintenance service required because of (a) accident, neglect, misuse, failure of electric power, failure of Recipient to provide appropriate environmental conditions, relocation of Software, or causes other than ordinary use.(b) Recipient-supplied software or the addition of a non-Quantum product or interfacing; or, (c) disaster, including but not limited to fire, smoke, water, wind, earthquake, or lightning.  For service or support, Recipient may contact the Quantum Technical Support Department at (800) 827-3822.

11.   This Agreement and the use rights granted hereunder may not be assigned or otherwise transferred by the Recipient without the prior written consent from Quantum.

12.   THE SOFTWARE IS PROVIDED TO RECIPIENT UNDER THIS AGREEMENT WITHOUT WARRANTY OF ANY KIND. ALL SOFTWARE PROVIDED UNDER THIS AGREEMENT IS DELIVERED TO, AND ACCEPTED BY, THE RECIPIENT "AS IS".   QUANTUM DOES NOT MAKE ANY WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.  THE RECIPIENT SHALL HAVE THE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACK-UP OF ITS DATA USED IN CONNECTION WITH THE EQUIPMENT PROVIDED HEREUNDER.

13.   QUANTUM SHALL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, FOR ANY DIRECT AND/OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (EVEN IF QUANTUM HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME), OR FOR LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, OR OTHER FINANCIAL LOSS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PRODUCTS, THE SERVICES OR OTHER GOODS OR SERVICES FURNISHED UNDER THIS AGREEMENT.

14.   This Agreement constitutes the entire Agreement between Recipient and Quantum and supersedes any other oral or written agreements related to this subject matter.  This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, United States of America, without reference to California’s conflict of laws principles.  The federal and state courts with the County of Santa Clara in the State of California shall have exclusive jurisdiction and venue to adjudicate any dispute arising out of, or in relation to, this Agreement.  The Parties hereby agree to the foregoing jurisdiction.

I agree to Quantum Software Evaluation Agreement.

Environment

Evaluation Software Requested

I have an existing fibre channel SAN in place

Yes No

Metadata Server Platform Type

Platform Type(s)
Linux
Unix
Windows
OS X

Primary application used with StorNext

I'd like to learn more about...
StorNext Fail Over Option
StorNext Checksum
StorNext Storage Manager Vaulting Option
Storage Disk
Storage Disk Deduplication
Distributed LAN Client
Quantum Libraries

Additional Information or Comments

Are you currently a Quantum customer?
Yes No

How did you hear about StorNext?

License Agreement:

I Accept These Terms