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Manual Name: Software Release Bulletin: VOS Enterprise Backup Agent
Part Number: R615
Revision Number: 00
VOS Release Number: 14.7.0
Publication Date: June 2007
Stratus Technologies, Inc.
111 Powdermill Road
Maynard, Massachusetts 01754-3409
2007 Stratus Technologies Bermuda, Ltd. All rights reserved.
Contents
Preface
vii
1-1
1-2
1-2
1-2
1-3
1-5
1-5
1-7
1-8
1-9
1-10
1-11
1-12
1-12
1-13
1-14
1-14
1-14
1-15
1-15
1-16
Contents
iii
Figures
Figures
iv
1-4
Tables
Table 1-1.
1-12
Tables
Tables
vi
Preface
The Software Release Bulletin: VOS Enterprise Backup Agent (R615) documents the
VOS Enterprise Backup agent software product for modules running VOS Release
14.7.x or later on Continuum-series modules, or VOS Release 15.2.x or later on
ftServer modules.
This manual is intended for system and network administrators.
Manual Version
This is a new manual.
Manual Organization
This manual contains one chapter and one appendix.
Chapter 1 provides installation and configuration information for VOS Enterprise
Backup Agent.
Appendix A presents the end-user agreement for the VOS Enterprise Backup Agent
software.
Related Manuals
See the following related manuals:
VOS System Administration: Backing Up and Restoring Data (R285) for
Preface
vii
Preface
Notation Conventions
This manual uses the following notation conventions.
Warnings, Cautions, and Notes
Warnings, cautions, and notes provide special information and have the following
meanings:
WA R N I N G
A warning indicates a situation where failure to take
or avoid a specified action could cause bodily harm
or loss of life.
CAUTION
A caution indicates a situation where failure to take or
avoid a specified action could damage a hardware device,
program, system, or data.
NOTE
A note provides important information about the operation
of a Stratus system.
Typographical Conventions
The following typographical conventions are used in this manual:
Italics introduces or defines new terms. For example:
The master disk is the name of the member disk from which the module was
booted.
Boldface emphasizes words in text. For example:
viii
Preface
Monospace italic represents terms that are to be replaced by literal values. In the
following example, the user must replace the monospace-italic term with a literal
value.
list_users -module module_name
Monospace bold represents user input in examples and figures that contain both
user input and system output (which appears in monospace). For example:
display_access_list system_default
%dev#m1>system>acl>system_default
w
*.*
Preface
ix
Preface
add_disk
Privileged
Purpose
The add_disk command tells the operating system on the current
module to recognize the specified logical volume for the duration of
the current bootload.
Display Form
-------------------------- add_disk ------------------------disk_name:
module_name: current_module
Arguments
Required
disk_name
The name of the logical volume to be recognized for the current
bootload.
.
.
.
A name
The name of the command or request is at the top of the first page of the
description.
B Privileged
This notation appears after the name of a command or request that can be issued
only from a privileged process.
C Purpose
Shows the form that is displayed when you type the command or request name
followed by -form or when you press the key that performs the DISPLAY FORM
function. Each field in the form represents a command or request argument. If an
argument has a default value, that value is displayed in the form.
Preface
Meaning
Required field with no default value.
The cursor, which indicates the current position on the
screen. For example, the cursor may be positioned on the
first character of a value, as in a ll.
current_user
current_module
current_system
current_disk
E Command-Line Form
Shows the syntax of the command or request with its arguments. You can display
an online version of the command-line form of a command or request by typing the
command or request name followed by -usage.
The following table explains the notation used in command-line forms. In the table,
the term multiple values refers to explicitly stated separate values, such as two or
more object names. Specifying multiple values is not the same as specifying a star
name. When you specify multiple values, you must separate each value with a
space.
Preface
xi
Preface
Meaning
argument_1
Required argument.
argument_1...
argument_1
argument_2
[argument_1]
[argument_1]...
argument_1
argument_2
Optional argument.
Optional argument for which you can specify multiple values.
Set of optional arguments that are mutually exclusive; you can
specify only one of these arguments.
Note: Dots, brackets, and braces are not literal characters; you should not type them.
Any list or set of arguments can contain more than two elements. Brackets and braces
are sometimes nested.
F Arguments
Describes the command or request arguments. The following table explains the
notation used in argument descriptions.
G The Notation Used in Argument Descriptions
Notation
Meaning
<CYCLE>
Required
(Privileged)
xii
Preface
H The following additional headings may appear in the command or request
Online Documentation
The VOS StrataDOC Web site is an online-documentation service provided by Stratus.
It enables Stratus customers to view, search, download, print, and comment on VOS
technical manuals via a common Web browser. It also provides the latest updates and
corrections available for the VOS document set.
You can access the VOS StrataDOC Web site at
http://stratadoc.stratus.com. A copy of the VOS StrataDOC CD-ROM is
included with this release. You can also order additional copies from Stratus.
This manual is available on the VOS StrataDOC Web site.
For information about ordering the VOS StrataDOC CD-ROM, see the next section,
Ordering Manuals.
Ordering Manuals
You can order manuals in the following ways.
If your system is connected to the Remote Service Network (RSN), issue the
Center (CAC) at (800) 221-6588 or (800) 828-8513, 24 hours a day, 7 days a week.
All other customers can contact their nearest Stratus sales office, CAC office, or
distributor; see http://www.stratus.com/support/cac/index.htm for
CAC phone numbers outside the U.S.
Preface
xiii
Preface
complete the data-entry form that appears on your screen. When you have
completed the form, press <Enter>.
If your comments are lengthy, save them in a file before you issue the command.
xiv
Chapter 1
VOS Enterprise Backup Agent
1-
1-1
Release Contents
The release includes one reel or cartridge of magnetic tape.
with PA-7100 and PA-8x00 processors), or VOS Release 15.2.x or later for
ftServer modules
approximately 300 blocks of disk space on the master disk
STCP with POSIX header dependencyIssue the check_posix command to
verify that your system meets all POSIX requirements. This command checks that
the current module's configuration meets constraints imposed by the VOS
1-2
POSIX.1 implementation. See the VOS POSIX.1 Reference Guide (R502) for
more information about the check_posix command.
Installation Procedure
Before you install VOS Enterprise Backup Agent from the magnetic tape provided by
Stratus, verify that the purchase bit for VOS Enterprise Backup Agent is set on your
system. To do this, issue the following command:
!display_line (software_purchased S683)
If the output of this command is 1, you can proceed with installation. If it is 0, contact
your Stratus customer-support representative for assistance.
NOTE
S683 is the software-purchased bit for VOS Enterprise
Backup Agent support. You must purchase S683 to install
the software and to receive Stratus documentation and
support.
To install VOS Enterprise Backup Agent, issue the following command.
install_new_release
For information about this command, see the VOS Installation Guide (R386).
During the post-boot phase of the installation, the install_new_release command
displays the VOS Enterprise Backup Agent license (Appendix A also displays this text),
followed by the following prompt.
Do you accept the terms of this license (yes, no, redisplay,
print)?
Enter one of the choices and press <Return>. The following are the possible results:
yesThe installation continues.
noThe installation terminates.
redisplayThe install_new_release command displays the license text
1-3
After installation, you must modify the two sample .tin files located in the directory
>system>configuration as follows:
1. Copy the ndmpd.sample.tin and ndmpd_users.sample.tin files, and then
rename them to ndmpd.tin and ndmpd_users.tin, respectively. See
Configuring VOS Enterprise Backup Agent on page 1-5 for information about the
ndmpd.table and ndmpd_users.table files.
2. Issue the create_table command for the two .tin files to create corresponding
.table files.
3. For security purposes, delete the ndmpd_users.tin file.
4. Make sure that the ndmpd.table and ndmpd_users.table files are located in
the >system directory, and remove all access to ndmpd_users.table, except
for root.* read access.
After installation and configuration, the VOS Enterprise Backup Agent directory
structure should appear as shown in Figure 1-1.
(master_disk)
>system
ndmpd.table
ndmpd_user.table
>configuration
>ndmpd
ndmpd.dd
>bin
ndmpd.sample.tin
ndmpd_users.dd
ndmpd_users.sample.tin
>osw_copyright
ndmpd_license.txt
>log
start_ndmpd.cm
ndmpd.pm
Figure 1-1. VOS Enterprise Backup Agent Directory Structure
1-4
vos208
* version
The version of the NDMP configuration structure. Specify a value of 1 for this field.
* EBS_name
Required
The name of the EBS. Specify the value Veritas for this field.
* level0_backup_flag
If set to Y or 1, uses the save commands -backup argument during a level-0
backup. For more information, see Backing Up Data on page 1-11 and The
Level-Timestamp File on page 1-14.
* save_options
Concatenates VOS save command-line arguments to the end of the save
invocation. By default, nothing is concatenated to the end of the save invocation.
The command line containing the save arguments is limited to 256 characters in
length. An example of the command-line arguments is the -log argument. For
more information about the VOS save command, see VOS System
Administration: Backing Up and Restoring Data (R285).
NOTE
The save_options field is added before the NDMP
environment variable SAVE_OPTIONS. See Table 1-1 for
more information about SAVE_OPTIONS.
* restore_options
Concatenates VOS restore command-line arguments to the end of the restore
invocation. By default, nothing is concatenated to the end of the restore
invocation. The command line containing the restore arguments is limited to 256
characters in length. An example of the command-line arguments is the
VOS Enterprise Backup Agent
1-5
* log_VOS_macros
If set to Y or 1, logs, in the ndmpd_log.(date).out file (located in
>system>ndmpd>log), all save and restore command process execution and
output. By default, this information is logged in the ndmpd_log.(date).out file.
* log_NDMP_session_variables
If set to Y or 1, logs, in the ndmpd_log.(date).out file, the NDMP environment
variables sent to VOS Enterprise Backup Agent. By default, this information is
logged in the ndmpd_log.(date).out file.
* log_table_options
If set to Y or 1, logs, in the ndmpd_log.(date).out file, a listing of the values in
the ndmpd configuration table. By default, the listing is logged in the
ndmpd_log.(date).out file.
* log_transfer_rate
If this value, in seconds, is greater than zero, VOS Enterprise Backup Agent logs,
in the ndmpd_log.(date).out file, the I/O rate as the number of bytes
processed per second in a specified interval to this file. By default, this information
is logged in the ndmpd_log.(date).out file.
1-6
=EBS_name
=level0_backup_flag
Veritas
Y
=save_options
'-log >system>ndmpd>log>save.(date).(time)
+.log'
=restore_options
'-backup -list'
=log_VOS_macros
=log_NDMP_session_variables
=log_table_options
=log_transfer_rate
Y
Y
Y
300
* username
Required
The user name that the EBS authentication sends to VOS Enterprise Backup
Agent.
* password
Required
Password that the EBS authentication sends to VOS Enterprise Backup Agent.
1-7
=username
=password
ndmp_username1
ndmp_password1
=username
=password
ndmp_username2
ndmp_password2
=username
=password
ndmp_username3
ndmp_password3
Display Form
The ndmpd command does not have a display form.
Command-Line Form
ndmpd [-c ndmpd_table_file]
[-p port]
[-w]
Arguments
* -c ndmpd_table_file
Specifies which ndmpd configuration table to use. By default, the command uses
the file (master_disk)>system>ndmpd.table.
* -p port
The TCP port number on which the NDMP server is listening for connection
requests. By default, the value of port is 10000.
* -w
1-8
You can also find the preceding text in the start_ndmpd.cm file in the
>system>ndmpd>bin directory.
NOTES
1. You must start STCP before you start VOS Enterprise
Backup Agent.
2. You should avoid starting VOS Enterprise Backup
Agent from the command line. Use the
start_ndmp.cm file, instead.
3. The ndmpd.pm process should run as a root process
in order to gain read access to the
ndmpd_users.table file.
4. The ndmpd.pm process must start as privileged.
VOS Enterprise Backup Agent
1-9
Log Files
The preceding start_process command starts the VOS Enterprise Backup Agent
daemon (ndmpd) as a privileged process and sends any process start-up errors to a
file named ndmpd_start.(date).out. The command also sets implicit locking on
the ndmpd_start.(date).out file.
When a connection is made to the VOS Enterprise Backup Agent daemon from the
EBS, the daemon forks off a new process to handle the NDMP session. These
processes are called session instances. VOS Enterprise Backup Agent supports one
NDMP session instance at a time from the EBS. Session instances log messages to
the file >system>ndmpd>log>ndmpd_log.(date).out. Each session instance
logs messages with its own process ID at the beginning of the line so that the
messages from each session instance can be distinguished from one another.
If multiple sets of VOS Enterprise Backup Agent daemons with different command-line
arguments need to run at the same time, use the ndmpd -p command to select a
different service port so that the EBS can select the appropriate daemon. Each VOS
Enterprise Backup Agent type can then be started, as necessary. Each of these types
shares the same ndmpd_log.(date).out file.
The VOS Enterprise Backup Agent session instances also start the save and
restore processes, as necessary. The names of these processes are appended with
the process ID of the session instance so that each save or restore instance can be
correlated with a particular session instance.
Log Files
VOS Enterprise Backup Agent creates the following log files. All are stored in the
>system>ndmpd>log directory.
ndmpd_log.(date).outThis log file is created by session instances. Each
time a connection is made, the timestamp ((date)) is updated so that a new log
file is created for each day that a backup or recovery option occurs. It can contain
the following information, depending on which fields you specify in the ndmpd.tin
file:
the NDMP environment variables sent to VOS Enterprise Backup Agent
a listing of the values read in from the ndmpd configuration table
the I/O rate as the number of bytes processed per second on a specified
interval
save.(date).(time).logIf you specify the -log argument (as shown in the
save_options field of the ndmpd.tin file), any save process that the VOS
Enterprise Backup Agent starts will log information about every object saved.
save.(date).(time).outThis file logs all save command process
Backing Up Data
restore.(date).(time).outThis file logs all restore command process
execution and output. If you specify the -list argument (as shown in the
restore_options field of the ndmpd.tin file), any restore process that the
VOS Enterprise Backup Agent starts will list the save path name of each object as
it is restored.
VOS Enterprise Backup Agent can also log debugging information. For more
information, see the Veritas NetBackup documentation listed in Related Manuals in the
Preface.
Backing Up Data
When a backup operation starts, VOS Enterprise Backup Agent creates a command
line with the arguments (as specified in the ndmpd.tin file or the EBS) for the VOS
save command, then it executes the command line. During a full backup, if
level0_backup_flag is set in the ndmpd.table file, VOS Enterprise Backup
Agent runs the save command with the -backup argument. Differential and
cumulative incremental backups run the save command with the -modified
argument.
NOTES
1. Differential and cumulative backups include data that
has been modified since the beginning of the initial full
backup. For more information, see The
Level-Timestamp File on page 1-14.
2. You can set additional save command arguments by
using the save_options field in the ndmpd.table
file and/or the SAVE_OPTIONS session setting in the
EBS. For more information, see The ndmpd.table
Configuration File on page 1-5 and Optional NDMP
Environment Settings for Backup Operations on
page 1-12.
The save command runs in the background with the name
ndmp_save_process_id. Meanwhile, a connection is made back to the EBS,
providing it with the backup data. When the save command has completed, the
connection closes, and the process that is handling the connection terminates.
This section discusses the following topics:
Setting a Backup in Veritas NetBackup on page 1-12
Optional NDMP Environment Settings for Backup Operations on page 1-12
1-11
Backing Up Data
pathname must begin with a slant (/) character, and any directories are delimited
with slant characters (for example, /%system#disk/dir). Any links in the
pathname specification are chased to their ultimate destination. Do not include a
trailing slant character at the end of the pathname.
You can specify only one pathname in each backup filesystem selection.
Description
EXCLUDE=star_name . . .
SAVE_OPTIONS=
save_parameters
1-12
Restoring Data
NOTES
1. If you set the same NDMP environment setting
multiple times during the session, VOS Enterprise
Backup Agent uses only the last setting. For example,
if you specify EXCLUDE=*.temp and then
EXCLUDE=*.tmp, VOS Enterprise Backup Agent
excludes only *.tmp files from the backup.
2. Any VOS file name containing a slant character (/) is
translated into a less-than character (<) during the
backup. During a recovery operation, the less-than
character is translated into a slant character to
maintain the original file name. These translations
occur because the file-name information is sent to the
EBS in POSIX format to ensure compatibility. For
example, the VOS file name
%sw#disk2>myfile/07/2007.txt would be
translated into the VOS Enterprise Backup Agent file
name /%sw#disk2/myfile<07<2007.txt.
Restoring Data
When you start a recovery operation, VOS Enterprise Backup Agent creates a
command line with the arguments (as specified in the ndmpd.tin file or the EBS) for
the VOS restore command, then it executes the command line.
NOTE
You can set additional restore command arguments by
using the restore_options field in the ndmpd.table
file. For more information, see The ndmpd.table
Configuration File on page 1-5.
The restore command runs in the background with the name
ndmp_restore_process_id. Meanwhile, the EBS provides the recovery data to
VOS Enterprise Backup Agent for processing. When the restore command has
completed, the connection closes and the process that is handling the connection
terminates.
This section discusses the following topic: Setting a Restore in Veritas NetBackup on
page 1-14.
1-13
specified a backup setting selection of SET TYPE=save during the original save
operation.
You must use POSIX-style pathnames for restoration locations. The pathname
must begin with a slant (/) character, and any directories are delimited with slant
characters (for example, /%system#disk/dir). Any links in the pathname
specification are chased to their ultimate destination. Do not include a trailing slant
character at the end of the pathname.
Restoring an object to a different location re-creates the objects common save
path (that is, parent directories). For example, if you restore the file
/%system#disk/dir1/dir2/file to the directory
/%system#disk/restore_dir, Veritas NetBackup creates a file named
/%system#disk/restore_dir/dir1/dir2/file.
Security Issues
timestamp command limiting the dataset to those files updated since the recorded
time. The file containing this record, ndmp_level_timestamp_file, is called the
level-timestamp file. This file is located in the >system>ndmpd>bin directory.
For example, a system administrator begins the week by performing a LEVEL=0
backup, which is effectively a full backup. The level-timestamp file records the date and
time of this operation. The next day, the administrator performs a differential
incremental LEVEL=1 backup. VOS Enterprise Backup Agent backs up only those files
updated since the level-0 backup. On another day, the administrator runs a LEVEL=2
differential backup. This time, only those files updated since the level-1 backup are
saved.
Each subsequent increased-level backup records differential incremental backups (up
to level 9) until the system administrator performs a lower-level backup. All levels
greater than the current backup level are reset in the level-timestamp file. After a
LEVEL=0 backup is executed, all other level timestamps are reset.
NOTES
1. Full backups are implemented as a level-0 backup.
2. Cumulative incremental backups (level-1) include
files that have been modified since the beginning of
the initial full (level-0) save.
3. Differential incremental backups (last level +1, up
to 9) include files that have been modified since the
beginning of the previous level (full or differential)
backup.
For more information about backups, see the Veritas NetBackup documentation listed
in Related Manuals in the Preface.
Security Issues
This section discusses the following security-related topics:
TCP Wrappers Check on page 1-15
TCP Connections and Firewalls on page 1-16
1-15
Security Issues
NOTE
Any user names specified in the VOS Enterprise Backup
Agent log files, the ndmpd_users.table file, and in
Veritas NetBackup refer to NDMP user names. Any user
names specified for TCP wrappers refer to VOS user
names.
The following sample hosts.allow and hosts.deny entries enable only
connections to the VOS Enterprise Backup Agent from IP address 172.16.3.28.
Sample hosts.allow entry:
>system>ndmpd>bin>ndmpd.pm : 172.16.3.28
Connections from 172.16.3.28 are permitted and processed by VOS Enterprise
Backup Agent, and the following entry is logged to the file
>system>stcp>logs>tcpdallow:
07-06-06 13:36:39 edt ndmpd: connect from 172.16.3.28
Sample hosts.deny entry:
>system>ndmpd>bin>ndmpd.pm : ALL
Connections from any IP address other than 172.16.3.28 are denied, and the following
entry is logged to the file >system>stcp>logs>tcpddeny:
07-06-06 13:46:18 edt ndmpd: refused connect from 172.16.3.32
For more information about TCP wrappers and hosts.allow and hosts.deny
entries, see the VOS STREAMS TCP/IP Administrators Guide (R419).
1-16
Security Issues
address may or may not be an IP address associated with the system that is running
the EBS.
While setting up the recovery operation, the EBS sends a message to ndmpd to set up
a listen port for a TCP connection. The ndmpd daemon gets the local systems IP
address, and then binds a socket to address 0.0.0.0, port 0, to have the TCP stack
assign an unused port. The ndmpd daemon then sends a listen reply to the EBS with
the local systems IP address and the port number that was actually bound. The EBS
sends this information to the backup device so that it can connect to ndmpd.
If you have a firewall between VOS Enterprise Backup Agent, the EBS, and/or the
backup device, you must ensure that these entities can establish TCP connections with
one another through the firewall. For more information, see the Veritas NetBackup
documentation listed in Related Manuals in the Preface.
1-17
Security Issues
1-18
A-
Appendix A
End-User License Agreement
for Stratus VOS Enterprise
Backup Agent
A-1
the terms of this EULA. Stratus grants you the following rights, conditioned on your
compliance with all the terms and conditions of this EULA.
1.1 You acknowledge that, except as otherwise specifically provided in this EULA, you
have only a non-exclusive, personal, nontransferable license to install, use, access,
display and run only one copy of the Product, in object code form only, on the single
Stratus computer system on which the Product was or is first installed (the "Licensed
System"). Notwithstanding the foregoing, you may, if you are unable to make use of the
Product on the Licensed System due to an equipment malfunction, temporarily transfer
the Product to another single Stratus computer system during the period of the
equipment malfunction. Your right to use the Product on the Licensed System under
this license shall extend to any upgrades of the Licensed System made pursuant to
Stratus' then current upgrade policy. You may make a single copy of the Product in
object code form for archival or backup purposes, provided the copy retains all
proprietary rights notices, restricted rights legends and other notices (collectively,
"Notices") included with the Product. You may not reverse engineer, decompile or
disassemble the Product or attempt to gain access to the source code for the Product,
except and only to the extent that it is expressly permitted by applicable law, and, to the
extent applicable law permits contractual waiver of such right, you hereby waive your
rights to do so. You agree to use the Product only for your internal business use and
not to market or commercialize the Product whether by way of renting, leasing, time
sharing, or lending the Product.
1.2 Without prejudice to any other rights, Stratus may terminate this EULA if you are
not in compliance with all the terms and conditions of this EULA. Upon any termination
of this EULA, you will return to Stratus or its designee, or if instructed by Stratus to do
so, destroy all copies of the Product promptly after such termination and provide
Stratus written certification as to the destruction or return of the Product and all copies
thereof.
1.3 The Product includes commercial computer software that has been developed
entirely at private expense and is regularly used for non-governmental purposes and
licensed to the public. All Product provided to the U.S. Government pursuant to
solicitations issued on or after December 1, 1995, are 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, are
provided with "Restricted Rights" as provided in FAR, 48 CFR 52.227-14 (JUNE 1987)
or DFAR, 48 CFR 252.227-7013 (OCT. 1988), as applicable. All rights not expressly
granted are reserved.
1.4 The Product may contain programmatic components and subroutines that perform
automated collection of system data and/or automated software updating services.
System data collected through such programs may be used by Stratus, its affiliates,
subcontractors, and its service delivery partners for the purpose of providing improved
products or remote system services.
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1.5 The Product is a derivative work based on computer software ("the NDMP
Software") that is available only through the website, http://www.ndmp.org/, and
is owned and licensed by Network Appliance and Legato Systems. The NDMP
Software is licensed to You under the terms and conditions that are attached to this
EULA as Appendix 1.
2. Confidentiality. You acknowledge that the Product embodies trade secrets and
proprietary information and materials of Stratus and its Licensors ("Confidential
Information"). You agree that you shall, and shall procure that all of your employees
shall, preserve the confidential nature of the Product, and in particular, shall only
authorize access to or disclose Confidential Information relating to the Product to your
employees with an absolute need to know and only to the extent that such access or
disclosure is strictly necessary for your business requirements or to the extent that
there is a legal requirement to do so, provided that in the latter case you promptly
furnish to Stratus written notice of such requirement or order enabling Stratus and its
Licensors to seek a protective order or otherwise prevent or restrict such disclosure.
You also agree to take all necessary measures to ensure that access to the Product or
any part or copies thereof is restricted and that the Product is safeguarded from theft
and unauthorized use. You agree to obtain appropriate written undertakings to
maintain the confidentiality of the Product from persons having authorized access to
the Product. Except as set forth herein, or as may be permitted in writing by Stratus,
you may not provide, transmit or otherwise make available, the Product or any part or
copies thereof to any third party.
3. Limited Warranty.
3.1 Stratus warrants that the media containing each Product will be free from defects
in material and workmanship and that each Product shall substantially conform to the
applicable Stratus published specifications in effect at the time of shipment. These
warranties shall remain in effect through the date of installation or thirty (30) days from
the date of shipment, whichever occurs first. Stratus shall, at its option and expense,
repair or replace such media that it finds to be defective and shall use its reasonable
efforts to remedy any such nonconformance in the Product that you report in writing to
Stratus during the thirty (30) day warranty period. These are your sole and exclusive
remedies, and Stratus' sole obligation and liability, regarding the Product. Stratus does
not warrant that the functions contained in the Product shall operate in the
combinations that are selected for use by you, or shall meet your requirements, or shall
operate error-free. You may obtain information for reporting warranty defects from your
Product supplier or vendor or from the Stratus web site at
http://www.stratus.com/.
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3.2 Stratus does not represent or warrant that the Product will operate without
interruption or will be error free. This warranty does not apply to defects attributable to
(1) modification or alteration of the Product made without the prior written approval of
Stratus, (2) accident, neglect, misuse or abuse, or (3) exposure to conditions outside
the range of the environmental, power and operating specifications provided by
Stratus.
4. Disclaimer And Limitation of Liability.
4.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS EULA, NEITHER STRATUS, ITS
AFFILIATES, SUBSIDIARIES NOR THE LICENSORS MAKE ANY OTHER
WARRANTIES, EXPRESS OR IMPLIED, NCLUDING ANY MPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. STRATUS, ITS AFFILIATES, SUBSIDIARIES AND THE
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES NOT STATED IN THIS
EULA. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE
LIMITED TO THE TERMS CONTAINED IN THIS EULA TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
4.2 IN NO EVENT WILL STRATUS, ITS AFFILIATES, SUBSIDIARIES OR THE
LICENSORS, BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING WITHOUT
LIMITATION LOSS OF USE, DATA, PROFIT, SAVINGS OR BUSINESS),
WHATEVER THE BASIS OF THE CLAIM OR ACTION (SUCH AS BREACH OF
WARRANTY, CONDITION, CONTRACT, INFRINGEMENT AND TORT, INCLUDING
STRICT LIABILITY AND NEGLIGENCE, OR OTHER LEGAL THEORY) EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY
WAS REASONABLY FORESEEABLE. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, THE LIABILITY OF STRATUS, ITS AFFILIATES, SUBSIDIARIES AND THE
LICENSORS FOR DAMAGES OR LOSSES FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE BASIS OF THE CLAIM OR ACTION WILL BE LIMITED TO
THE AMOUNT YOU ACTUALLY PAID FOR THE SPECIFIC PRODUCT THAT
CAUSED THE DAMAGES OR LOSSES. Because some states or countries do not
allow a limitation on the duration of an implied warranty or the exclusion of incidental
or consequential damages, the above limitations and/or exclusions may not apply to
you. No action arising out of or in connection with this Agreement or any transaction
hereunder may be brought by either party more than eighteen (18) months after the
cause of action has arisen, except for an action for non-payment.
5. Import / Export. You acknowledge that the Product is of U.S. origin, may contain
certain export-controlled programs and subroutines (including without limitation
cryptographic software components) that are subject to U.S. Export Administration,
international and national import and export control laws and regulations, including
end-user, end-use and destination restrictions issued by the U.S. and other
governments ("Import and Export Controls"). You agree that you will not export, import,
directly or indirectly, re-export, divert, or transfer the Product or, any materials, items or
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kind. Support is limited to bug fixes, if and when available, and the right to submit email
bug reports to ndmp-admin@ndmp.org.
Ownership Rights: You acknowledge that no title to the intellectual property in the
SOFTWARE is transferred to you. You further acknowledge that title and full ownership
rights to the SOFTWARE will remain the exclusive property of NetApp and Legato, and
you will not acquire any rights to the SOFTWARE except as expressly set forth herein.
No Warranties: NETAPP AND LEGATO DO NOT WARRANT THAT THE SOFTWARE
IS ERROR FREE. NETAPP AND LEGATO EXPRESSLY EXCLUDE ALL
WARRANTIES, EXPRESS OR IMPLIED, IN RELATION TO THE SOFTWARE (AND
ANY SERVICES RENDERED TO SUPPORT THE SOFTWARE), INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
Severability: In the event of invalidity of any provision of this Agreement, the parties
agree that such invalidity shall not affect the validity of the remaining portions of this
Agreement.
No Liability for Damages: IN NO EVENT SHALL NETAPP OR LEGATO BE LIABLE TO
YOU FOR ANY DAMAGES CAUSED BY THE USE OF THIS SOFTWARE,
INCLUDING WITHOUT LIMITATION INTERRUPTION OF BUSINESS, LOST
PROFITS OR CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES OF ANY
KIND ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF NETAPP OR
LEGATO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL
DAMAGES.
Export: You agree that you will not export or re-export the SOFTWARE without the
appropriate United States or foreign government licenses. Governing Law: This
Agreement shall be construed in accordance with the laws of the State of California as
they are applied to agreements between California residents entered into and to be
performed entirely within California. The United Nations Convention on Contracts for
the International Sale of Goods is specifically disclaimed.
U.S. Government Rights: If this software is acquired under the terms of: (i) a DoD
contract: pursuant to 48 CFR 227.7202-2 and its successors, use, duplication, or
disclosure by the Government is subject to restrictions as set forth in this Agreement;
or (ii) a Civilian agency contract: Pursuant to 48 CFR 12.212 and its successors, use,
reproduction, or disclosure is subject to the restrictions set forth in this Agreement.
Unpublished - rights reserved under the copyright laws of the United States.
Contractor/Manufacturer:
Network Appliance
495 East Java Drive
Sunnyvale, CA 94089
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Legato Systems
2350 West El Camino Real
Mountain View, CA 94040
Entire Agreement: This is the entire agreement between you and NetApp and Legato
which supersedes any prior agreement, whether written or oral, relating to the subject
matter of this Agreement. Should you have any questions concerning this Agreement,
or if you desire to contact NetApp or Legato for any reason, please write:
Network Appliance
495 East Java Drive
Sunnyvale, CA 94089
Legato Systems
2350 West El Camino Real
Mountain View, CA 94040
Revised April 30, 2002
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