Northern Software License Agreement

NOTICE TO ALL USERS: THIS AGREEMENT [“AGREEMENT”] IS A LEGAL DOCUMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. THE SOFTWARE IS COPYRIGHTED AND LICENSED. THIS AGREEMENT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE, OR DESTROY ALL COPIES OF THE SOFTWARE THAT YOU HAVE INSTALLED. IF APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE IMMEDIATELY FOR A FULL REFUND.

Definitions

  • NORTHERN – Northern Parklife AB, a Swedish corporation.
  • Software – shall mean computer programs supplied by NORTHERN.
  • Solution Area – the need fulfilled by Northern’s software and services.
  • Data Contributors – unique data owners in the space managed by Northern. Users, service accounts and inactive data owners will be included.
  • Managed Data – the total logical size of the data being managed by Northern.
  • Data sites – geographically separated places where data is hosted, including disaster recovery sites.
  • Data platform – discrete operating systems of the platform hosting data managed by Northern.
  • Multi-tenant environment – a data storage environment serving multiple organizations.
  • License Certificate – a document describing the organizations current license scope, including any restrictions.

Solution Area definitions

Currently Northern offers five (5) different solution areas broadly defined as follows:

  • Data Stewardship FrameworkCORE BENEFITS
    • Understand which business unit, department, project, functional team, etc. is responsible for which data.
    • Lay the foundation for establishing data management roles within the organization; engaging data owners in the processes of maintaining, deleting, and protecting data.

    KEY FEATURES UNIQUE TO THIS SOLUTION AREA

    • Path Labels and SmartColumnsThe ability to label data repositories using integration with Active Directory or other external libraries, string manipulation and Regular Expression.
    • Integration with HR and Identity Management workflow systemsThe possibility to integrate NSS with the customer’s HR or Identity Management workflow systems, ensuring the solution’s ability to track staffing changes and maintain a hierarchy of data ownership.
  • Centralized File Service ManagementCORE BENEFITS
    • Provide the decision support information that is essential to efficiently and accurately guide maintenance and development of the file service. Up to twenty individuals (infrastructure owners, file service owners, etc.) can be provided with access to file service usage analyses.
    • The ability to control data growth/hoarding through the allocation of storage capacity to groups, projects and users (quota), as well as the ability to enforce policies on which file types can be stored in specific locations (File Block).

    KEY FEATURES UNIQUE TO THIS SOLUTION AREA

    • Data Quotas with notificationsSetting hard or soft limits on shares, sub-folders, or user accounts that control the volume of data that can be added to a path, or stored by user. Notifications for users/administrators can be triggered when thresholds in usage are reached.
    • File BlocksThe ability to prevent specific file types from being saved in target paths. Prohibit the storage of database backups, email archives, media files, etc.
  • Distributed Data ManagementCORE BENEFITS
    • Place responsibility for appropriate use of the file service firmly into the hands of those who use it.
    • Guide and empower data owners in a self-service interface that can be tuned to exactly fit the needs of specific groups, with differing roles and responsibilities.

    KEY FEATURES UNIQUE TO THIS SOLUTION AREA

    • Access to the self-service interface for all employeesThere is no limit on the number of individuals who can be provided with access to the self-service data management interface.
    • Links to self-service interface in quota notificationsAutomatically guide users to the self-service interface and, provide data house-keeping recommendations, when storage allocation (quota) thresholds are reached; empower users to better self-regulate their data growth/hoarding.
  • Information, Governance & ComplianceCORE BENEFITS
    • A complete understanding of the unstructured data pool for the purposes of risk assessment; record/non-record classification, PII, PCI content identification, etc.
    • Analysis results can be made available to up to twenty individuals (Record Managers, Information Security Officers, Data Protection Officers, etc.), providing them with the knowledge necessary to efficiently carry out their responsibilities.

    KEY FEATURES UNIQUE TO THIS SOLUTION AREA

    • Text-miningThe ability to scan the content of text-based files and identify specific strings, either by simple string matching or pattern matching using regular expressions.
    • Contextual string displayAnalyses reveal which files contain target strings or patterns and display relevant excerpts from these files to allow the quick identification of false positives.
  • File Service Cost DistributionCORE BENEFITS
    • The ability to implement a fair, transparent and automated billing system for file services that is based on data volumes or on space allocated.
    • Provide internal/external customers (up to twenty individuals) with self-service access to detailed information about the source of their file service costs; enable them to understand calculations and influence cost drivers.

    KEY FEATURES UNIQUE TO THIS SOLUTION AREA

    • Cost Dashboards in the self-service interfaceFile service use statistics and details can be represented in terms of cost. Budgets can be set and usage/growth against budgets highlighted.
    • Integration with billing systemsThe possibility to integrate NSS with existing billing systems, ensuring an end-to-end solution to the need to distribute costs for file service provision.

License

Subject to the terms and conditions of this Agreement, NORTHERN hereby grants you a non-exclusive, non-transferable right to use the Software as follows:

  1. Use the Software to manage the number of Data Contributors, the amount of Managed Data and the number of Data Sites and Data Platform within the scope of the Solution Area(s) determined by the terms of your NORTHERN license certificate(s).
  2. Install and use the Software on any number of computers.
  3. Make one copy of the Software in machine-readable, object code form only solely for backup purposes. Your backup copy of the Software must contain all copyright notices and any other proprietary legends held on the original.

License type

Software is offered as a term-limited subscription license, unless otherwise stated on the License Certificate.

License fees

License fees are payable in advance for a period of 12-months, unless otherwise is agreed upon and specified in the quote, purchase order and license certificate.

License Restrictions

  1. Other than as set forth in under “License”, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network. You may not reverse compile, reverse engineer, reverse assemble, or otherwise translate or reduce the Software to a human perceivable form. You may not rent, lease, assign, sublicense or share your rights to the Software. You may not modify the Software or create derivative works based upon the Software.
  2. You acknowledge and agree that the Software and accompanying material are the proprietary products of NORTHERN and are protected under U.S. and international copyright laws. You further acknowledge and agree that all right title, and interest in and to the Software, including associated intellectual property rights, are and shall remain with NORTHERN. This Agreement does not convey to you an interest in or to the Software other than a limited right of use revocable in accordance with the terms of this Agreement.
  3. Should you fail to carry out any other obligation under this Agreement, NORTHERN may, at its option, in addition to other available remedies, immediately terminate this Agreement. In the event of such a breach of the Agreement, you agree to return the Software and any copies thereof to NORTHERN.
  4. You acknowledge and agree that NORTHERN has the right to audit your compliance with the terms of this license agreement particularly with respect to the number of Data Contributors, the amount of Managed data and compliance with the scope of the licensed Solution Area(s).

Term and Termination

  1. The agreement shall be in force for the term specified on the License Certificate.
  2. The agreement may be terminated by either party ninety (90) days prior to expiration, at the latest. In the absence of such termination, the agreement shall each time be automatically prolonged for a period of one (1) year under the previously agreed upon terms.
  3. Termination shall be made in writing (e-mail) to Northern’s account manager or regional office.

Maintenance and Support

Maintenance and support services are including in the subscription license during the time the license is active. Full details of Northern’s Maintenance and Support Service Level Agreement is available:
http://www.northern.net/Documents/Tech Papers/NORTHERN_Support_Maintenance_SLA.pdf

Limited Warranty

NORTHERN warrants that for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with the recommended hardware configuration, the Software shall perform in substantial conformance with the documentation supplied with the Software; and (ii) the media on which the Software is furnished shall be free from defects in materials and workmanship under normal use. NORTHERN does not warrant that the Software will be error-free in all circumstances. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, NORTHERN DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. No oral or written information or advice given by NORTHERN, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.

Exclusive Remedy

Your exclusive remedy during the limited warranty period as set forth in Section 5, above, is to return the Software to the place you acquired it with a copy of your receipt and a description of the problem. NORTHERN shall use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or, at its discretion, refund to you your purchase price for the Software. NORTHERN shall have no responsibility if the Software has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Software with other than the recommended hardware configuration. You agree that the foregoing constitutes your sole and exclusive remedy for breach by NORTHERN of any warranties made under this Agreement.

Limitations of Damages

  1. NORTHERN SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF NORTHERN OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. NORTHERN’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEE PAID TO NORTHERN FOR THE USE OF THE SOFTWARE.
  3. To the extent provided by applicable law and subject to Section 8, below, the foregoing limitations of damages do not apply to damages for personal injury to you, if any.

High Risk Activities

The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively “High Risk Activities”). NORTHERN EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

Basis of Bargain

The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the Agreement between NORTHERN and you. NORTHERN would not be able to provide the Software on an economic basis without such limitations.

Consumer End-Users

The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e. a person acquiring goods otherwise than in the course of a business.

Governing Law and Notice

This agreement shall be governed by the laws of the Kingdom of Sweden. It contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to Northern. Visit www.northern.net for updated contact information.

Trademark

The Northern Logo, Northern Storage Suite, Quota Server, Northern Quota Server, Northern Storage Reporter, Northern Storage Portal, Northern Storage Chargeback and Northern Storage Assistant are either trademarks or registered trademarks of NORTHERN. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark.

Miscellaneous

  1. The reference to any third-party products, companies and/or Web-sites in the Software is for informational purposes only and constitutes neither an endorsement nor a recommendation. NORTHERN assumes no responsibility with regard to the selection, performance or use of these products or vendors. A URL to a non-NORTHERN Web-site does not mean that NORTHERN endorses or accepts any responsibility for the content or use of such Web-site. NORTHERN provides this reference only as a convenience.
  2. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
  3. If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney’s fees and expenses of litigation.

Contact information

Northern Parklife AB

Sankt Goransgatan 66

112 33 STOCKHOLM

SWEDEN

Phone: +46 8 457 50 00

E-mail: SALESHQ@NORTHERN.NET