Please find at the bottom of this page, download linkgs for
- IBM AIX
- Linux GCC3
- Linux GCC4
- Windows 64bit Dev8 - Microsoft Visual Studio 2005 SP1 (Visual Studio 8.0)
- Windows 64bit Dev11 - Microsoft Visual Studio 2012 (Visual Studio11)
- Windows 32bit Dev8 - Microsoft Visual Studio 2005 SP1 (Visual Studio 8.0)
- Windows 32bit Dev11 - Microsoft Visual Studio 2012 (Visual Studio11)
For CAS SDK 3.3 and 3.4. If you are looking for earlier versions of the CAS SDK please request them from Customer Support
Please note that in downloading any of these SDK's that you are accepting the contents of the following legal statement
Centera Developer License Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
This EMC Centera Master Development Agreement for End-Users (the "Agreement") is a legally binding document between Developer and, if applicable, the company or other legal entity Developer represents (collectively, the "Developer") as identified in the EMC Developers Network Registration form, and EMC (which means EMC Corporation, if Customer is located in the United States; (ii) the local EMC sales subsidiary, if Customer is located in a country in which EMC Corporation has a local sales subsidiary; and (iii) EMC Information Systems International, if Customer is located outside the United States and in a country in which EMC Corporation does not have a local sales subsidiary). Unless EMC agrees otherwise in writing, this Agreement governs Developer’s membership in the EMC Developers Network Program ("Program") and its use of EMC materials, including the EMC Centera Development Kits that are provided by EMC to facilitate Developer’s membership in the Program and the Developer’s integration of its Developer Product with Centera. Capitalized terms have the definitions as indicated below. This Agreement incorporates by reference any privacy notice ("privacy notice") or other conditions of use ("conditions of use") posted on the EMC Developers Network Portal as they may be modified by EMC from time to time.
By clicking on the "Agree" or "Accept" or similar button set forth at the end of this Agreement or downloading any attached content, or authorizing any other person to do so, Developer represents to EMC that Developer is authorized to enter into this Agreement on behalf of the Developer; (ii) Developer is agreeing that the terms of this Agreement shall govern the relationship of the parties with regard to the subject matter in this Agreement, including participation in the Program and the use of the applicable EMC Centera Development Kits (except as to licensing of Development Resources); and (iii) Developer is waiving any rights, to the maximum extent permitted by applicable law, to any claim anywhere in the world concerning the enforceability or validity of this Agreement. If the terms of this Agreement are considered an offer by EMC, acceptance by Developer is expressly limited to the terms of this Agreement including items incorporated herein by reference, to the exclusion of all other terms. EMC reserves the right to limit acceptance to the Program. Developer is not a member of the Program and this Agreement shall not become binding until EMC, in its sole discretion, decides to accept Developer into the Program by sending notice thereof to the email address and contact provided by Developer in the Program Registration Form. If Developer is approved by EMC as a member of the Program, then Developer shall receive all benefits set forth in the current Program data sheet, currently available on www.emc.com
If you, as the Developer or its representative, do not have authority to agree to the terms of this Agreement on behalf of the Developer, or do not accept the terms of this Agreement, click on the "Cancel" or "Decline" or other similar button at the end of this Agreement (ii) remove any partial or full copies of any EMC Centera Development Kits provided in connection with the Program and/or immediately cease any further attempt to create an account for, or participate in the Program for any purposes. In such event, no license for use of the EMC Centera Development Kits shall be deemed to have been granted by EMC.
EMC Centera Master Development Agreement for End-Users
This Agreement sets forth the general terms and conditions under which EMC and Developer agree that Developer is authorized by EMC to develop and include programmatic or command line calls to one or more EMC Products in certain Developer Products. The specific details shall be set forth on a document identified as the "Initiative Schedule" which is attached to and made a part hereof as Schedule A. NOW, THEREFORE, in consideration of the premises and obligations contained herein, it is agreed as follows:
- 1.0 DEFINITIONS
- 1.1 "Confidential Information" shall mean any and all information or materials provided by one party to the other which are in tangible form and labeled "confidential" or the like, or, if disclosed orally, are identified as being confidential at the time of disclosure and are followed up within 30 days with an identifying record in a tangible form that is appropriately labeled and which identifies for the subject matter disclosed a short description thereof, the date of such disclosure and what persons were present for the Developer and EMC during the disclosure (e.g. an email from the person who gave the oral disclosure to an EMC person present during such disclosure), but shall not include information or materials that were, on the Effective Date of this Agreement, generally known to the public; or (ii) become generally known to the public after the Effective Date other than as a result of the act or omission of the receiving party; or (iii) were rightfully known to the receiving party prior to that party receiving same from the disclosing party; or (iv) are or were disclosed by the disclosing party to a third party generally without restriction on disclosure; or (v) the receiving party lawfully received from a third party without that third party’s breach of agreement or obligation of trust; or (vi) are independently developed by the receiving party.
- 1.2 "Developer Product" shall mean, depending upon the context in which it is used, Developer’s actual or potential software program and related documentation as identified and more fully described in the Initiative Schedule, or the above after it has been changed to contain the Developer Interface Module and/or any other modification resulting from the Initiative, as further described in the applicable Initiative Schedule.
- 1.3 "Developer Interface Module" shall mean the software developed by Developer using the Development Kits to enable the Developer Product to invoke the EMC Product by means of programmatic or command line calls.
- 1.4 "Development Kits" shall mean the EMC Centera SDK, the EMC Centera SDK for XAM which includes the proprietary Centera VIM, and/or the other EMC materials identified as such on the Initiative Schedule (including the applicable Dynamic Link Libraries) designed to facilitate development of programmatic or command line calls to the Dynamic Link Libraries. Development Kits may also include Development Resources.
- 1.5 "Development Resources" shall mean those portions of the Development Kits which are made available to Developer via its account under a separate license that accompanies each EMC Development Resource. EMC Development Resources may include free and open source sample code, wrappers, and libraries that EMC may make available from time to time for use by Developer in connection with the Program. EMC Development Resources may also include testbeds provided under evaluation or laboratory licenses.
- 1.6 "Dynamic Link Libraries" shall mean that collection of executable functions or data contained in the Development Kits and used by the Developer Product to provide the applicable functionality.
- 1.7 "Effective Date" of the Agreement shall mean the date on which EMC sends Developer notice of acceptance to the Program.
- 1.8 "EMC Interface Definition" shall mean that portion of the Development Kits that consists of code for header files, interface specifications and/or samples or examples of code for calls which correctly invoke the Dynamic Link Libraries provided in the Development Kits.
- 1.9 "EMC Product" shall mean that member of the Centera family of storage devices on which the Dynamic Link Libraries operate.
- 1.10 "Initiative" shall mean the effort to pair the Developer Product and the Development Kits described in the Initiative Schedule.
- 2.0 INITIATIVE PROCESS
- 2.1 Acceptance and Commencement of Initiative - EMC will indicate whether or not Developer has been accepted for membership in the Program by providing . each accepted Developer with the applicable Development Kits via the necessary access authorizations. Acceptance is at the sole discretion of EMC. EMC reserves the right to limit the number of members in the Program. Acceptance is specific to the Developer Product identified in the Registration Form. A separate Registration Form and EMC acceptance is required for each Developer Product with which Developer wishes to use one of the Development Kits.
- 2.2 Progress Reports - Developer shall promptly notify EMC Centera Engineering Technical Support using the Centera Problem Report Form located on the EMC Developers Network Program portal accessible from the EMC URL https://powerlink.emc.com/ of any problems associated with the Development Kits and shall, on EMC's request, provide a report detailing Developer’s progress with regard thereto.
- 2.3 Developer Comments and Suggestions - Developer may provide to EMC reasonable suggestions, comments and other technical information regarding the Development Kits ("Feedback"). If Developer provides such Feedback, Developer grants to EMC a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid up license to make, use, copy, modify, distribute any Feedback (including derivative rights thereto) as part of any product, technology, or service offered by EMC.
- 2.4 Evaluation Requirements and Limited Testing License to EMC - Developer will provide EMC with the opportunity to evaluate each version of the Developer Product. EMC, at its sole discretion, will determine whether to utilize this evaluation opportunity, and whether to provide a testbed on which the evaluation may be conducted. Except to the extent stated otherwise in the preceding portion of this sub-section 2.4, the terms and conditions of Developer’s own license agreement, as modified by mutual agreement of Developer and EMC, shall govern EMC’s evaluation of the Developer Product hereunder.
- 2.5 Development Support Services Provided by EMC - Engineering technical assistance and training are available to Developer in accordance with EMC’s Development Support Services as set forth at the then applicable EMC website, which website, as of the Effective Date, is at the EMC Developers Network portal and accessible from the EMC URL https://powerlink.emc.com/.
- 3.0 LICENSE GRANTS, RESTRICTIONS, AND COSTS
- 3.1 Development License - EMC hereby grants to Developer, and Developer hereby accepts, a personal, royalty-free, non-exclusive and non-transferable right and license, during the term of the applicable Initiative Schedule, to use one or more Development Kits (exclusive of any Development Resources that may be included therein) only to: develop the Developer Interface Module to invoke the EMC Product in connection with the Developer Product; (ii) internally test, demonstrate, install, support and maintain copies of the Developer Interface Module as part of the Developer Product; (iii) reproduce a reasonable number of copies of such Development Kits to implement and (ii) above; (iv) make one (1) copy of the Development Kits solely for archival and backup purposes; and, (v) to modify the EMC Interface Definition only as necessary to develop the Developer Interface Module in the Developer Product. EMC hereby grants Developer the right to use EMC Confidential Information and the modified or unmodified EMC Interface Definition which was included in the Developer Interface Module by Developer in order to implement calls to the EMC Product from the Developer Product. At Developer’s option, EMC further grants Developer the right to use the Developer Interface Module as part of the Developer Product for internal productive uses (other than hosted services offerings).
- 3.2 No Reverse Engineering - Except as expressly authorized herein or in the separate license accompanying a Development Resource, Developer shall have no right to copy, modify, enhance, change or make derivative works of the Development Kits, or any portion thereof. Developer shall not reverse assemble, reverse compile, or reverse engineer any code included in the Development Kits. Developer shall not remove or obscure any copyright, trade secret or other proprietary rights notices affixed to the contents of the Development Kits, and shall reproduce all such notices on any copies of such contents made by or for Developer.
- 3.3 Development Resources - Each Development Resource is provided to Developer by EMC and accepted by Developer under the license which accompanies that Development Resource. Development Resources are provided in connection with the Program in order to facilitate Developer’s authorized development, marketing and distribution of a Developer Product in compliance with all the terms of this Agreement.
- 3.4 EMC Retains Title to Development Kits - Developer acknowledges that the Development Kits contain EMC Confidential Information. No title or ownership of the Development Kits or any EMC Confidential Information is transferred to Developer. As between Developer and EMC, EMC and its licensors retain all right, title and ownership in any copies or derivative works of any and all portions of the Development Kits. Developer shall own any Developer Interface Module copyrights, subject to EMC’s rights in the Development Kits and the unmodified EMC Interface Definition. Except as may be expressly provided herein, Developer is not granted any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licenses with respect to the Development Kits or other EMC Confidential Information. Notwithstanding the foregoing, nothing in this Agreement is intended, nor should it be construed, to alter, enlarge, or restrict EMC or Developer’s rights or obligations under the applicable license with respect to any free and open source code included as a Development Resource in the Development Kits.
- 3.5 Not a Commercialization Agreement - This is an internal use license. This Agreement does not authorize distribution, sublicensing or resale of Developer Product or any other applications containing calls which invoke the Dynamic Link Libraries and EMC Interface. Except as expressly authorized herein or in the separate license accompanying a Development Resource, Developer shall not distribute or sublicense any portion of the Development Kit outside of its organization, shall not make any other use of the Development Kit except as expressly authorized herein or in the applicable Schedule, and shall cease use of the Development Kit and promptly return such to EMC upon expiration or termination of the Agreement or Initiative Schedule. Except as and to the extent expressly authorized herein or in the separate license accompanying a Development Resource, this Agreement does not authorize Developer or any other party to copy the Development Kit or Dynamic Link Libraries and EMC Interface Definition for use in providing hosted services. Developers interested in redistributing Developer Product or using it to provide hosted services offerings should apply to the EMC Velocity2 Technology Partner and ISV Program.
- 3.6 Costs - There is no charge from EMC to Developer for the licenses granted and the services performed by EMC under this Agreement. Each party shall be solely responsible for any costs it incurs in developing, marketing, supporting, maintaining or updating its own products. All fees due hereunder shall be paid in United States currency.
- 4.0 DEVELOPER OBLIGATIONS
- 4.1 Copyright And Trademark Notices - Developer will acknowledge and credit EMC for the unique features/support found in the EMC Product and provide an appropriate copyright notice including EMC’s name. Any mention or reference by Developer to the EMC Product with a trademarked name shall be in accordance with EMC’s usage guidelines. Any EMC trademarks mentioned or referenced in materials of Developer shall be accompanied by an appropriate trademark notice identifying the marks as trademarks of EMC. This Agreement does not grant Developer any license or other right to use or display the EMC corporate logo or any other logo or design of EMC.
- 4.4 Development Kits Updates and Compatibility - From time to time, during the term of this Agreement, EMC may, at its sole discretion, provide updates to the Development Kits, or a beta version thereof. Any such beta version or update provided by EMC is considered to be a part of the Development Kits, and is covered by the license governing the original Development Kits. Whenever Developer’s receives notification from EMC that an update of the Development Kits and EMC Product are available for testing, Developer shall use good faith and commercially reasonable efforts to update the Developer Product to be current with the updated Development Kit, and (ii) ensure that the Developer Product will remain compatible with both the EMC specified operating system and the operating system on which the Developer Product operates.
- 5.0 CONFIDENTIALITY
- 5.1 Confidential Information - The receiving party shall protect the other’s Confidential Information by means of the same standard of care as used by the receiving party to protect its own information of a similar nature and importance, and no less than reasonable care. The receiving party shall not make the other's Confidential Information available to any third party and shall use the Confidential Information only to fulfill its obligations or to exercise its rights hereunder and, except as set forth in sub-section 3.4 above, shall disclose Confidential Information only to those persons in its organization who have a need to know such Confidential Information in the performance of their duties in connection with this Agreement and who are bound by a written agreement to protect the confidentiality of such Confidential Information. Each party will promptly report to the disclosing party any actual or suspected breach of the terms hereof.
- 5.2 Publicity - Developer shall not, and shall not authorize, assist or permit another party to originate or produce, any written publicity, news release, marketing collateral or other publication or public announcement, relating to this Agreement, without the prior written approval of EMC. The terms of this Agreement but not its existence, are considered EMC Confidential Information. By mutual agreement of the parties, EMC may use Developer’s name and logo in any marketing activities related to Developer’s participation in this Master Agreement and/or membership in the related E-Infostructure Developers Program, but will not reveal the details of any specific Developer Product.
- 6.0 TERM AND TERMINATION
- 6.1 Term And Termination For Convenience - This Agreement commences on its Effective Date and, unless otherwise terminated in accordance herewith, ends when a party terminates such for its convenience by providing the other with written notice, which notice shall become effective ten (10) business days after receipt thereof.
- 6.2 Termination Due To Transfer Of Control - EMC shall, in its sole discretion, have the right to terminate the Agreement and/or any related licenses by written notice to Developer, with such termination to be effective immediately, if Developer merges, is acquired or otherwise undergoes a change of control, or attempts to assign any of its rights or delegate any of its obligations under this Agreement without EMC’s prior written consent, and any such assignment or delegation in violation of the foregoing shall be void. Developer shall promptly notify EMC in the event Developer so merges, is acquired or otherwise undergoes a change in control.
- 6.3 Obligations On Termination Under Sub-Section 7.1 Or 7.2 - Upon giving or receiving notice of termination under sub-section 6.1 or 6.2, Developer shall, within ten (10) business days, pay to EMC all amounts owed to EMC, if any, and cease making use of any printed material, trademark, trade name or logo identified with EMC, as pertains to this Agreement, except in connection with existing copies of the Developer Product. The termination of this Agreement pursuant to sub-section 7.1 or 7.2 shall not terminate Developer’s license to use existing versions of the Developer Product, and Developer shall retain a non-exclusive, worldwide license to use the then-current version of the Development Kits internally (in object code form only) for a continued maintenance period of two (2) years for the sole purpose of maintaining existing versions of the Developer Product so long as there has not been a breach of the licenses with EMC. On expiration of the continued maintenance period or at the time the notice of termination is received if the Developer has not made the Developer Product that uses the Development Kits technology generally available to customers, Developer will immediately discontinue use of the Development Kits, and within ten (10) days thereafter, shall return or destroy such Development Kits, all copies and modifications of Development Kits contents (including EMC Interface Definition) made by Developer, including any copies of EMC Interface Definition and/or Dynamic Link Libraries embedded in or used in connection with the Developer Interface Module and/or Developer Product, and any related materials in its possession, and certify in writing to EMC that all such have been returned to EMC or destroyed and that no further use of the Development Kits or any copies, modifications or other derivative works or portions thereof is being made by Developer.
- 6.4 Termination For Default - Upon occurrence of any of the following acts or events, Developer shall be in default and breach of this Agreement, and EMC shall, in addition to any other remedies, which may be available to EMC under this Agreement, in law or equity, in its sole discretion, have the right to terminate this Agreement and any or all related license(s) granted to Developer by written notice thereto, with such termination to be effective immediately:
- A. Developer fails to perform any of its material covenants, obligations or responsibilities under this Agreement; or
- B. Developer makes intentional and/or malicious misrepresentations about EMC, the Developer Product, the Development Kits, the EMC Product, EMC storage systems, EMC software, or this Agreement.
- 6.5 Obligations on Termination under Sub-Section 6.4 - Except as expressly continued in writing by EMC, all rights and licenses granted to Developer under this Agreement shall terminate upon termination of this
Agreement under sub-section 7.4. Upon receiving notice of termination of this Agreement under sub-section 6.4, Developer shall within ten (10) business days after receiving such notice of termination:
- A. Develop a new version of the Developer Product which eliminates from the Developer Product all EMC Information and modified or unmodified EMC Interface Definition, including but not limited to all calls to EMC Product, and replace all copies of the Developer Product in its possession;
- B. Cease making use of any printed material, trademark, trade name or logo identified with EMC as it pertains to this Agreement or Initiative Schedule; and
- C. Return or destroy the Development Kits, all copies and modifications of the contents thereof (including EMC Interface Definition) made by Developer, including any copies of EMC Interface Definition embedded in the Developer Product, and any related materials in its possession, and certify in writing to EMC that all such have been returned to EMC or destroyed and that no further use of the Development Kits (except EMC Development Resources) or any copies, modifications or other derivative works of any and all portions of the Development Kits (except EMC Development Resources) is being made by Developer.
- 6.6 Survival - Any provision of this Agreement that by its very nature or context is intended to survive any termination, cancellation or expiration of this Agreement, including but not limited to provisions concerning ownership and protection of intellectual property, confidentiality and disclosure of information, indemnities and limitations of liabilities and Sections 1 and 10, shall so survive.
- 7.0 WARRANTIES
- 7.1 Conformance with Specifications - EMC warrants that the software in the Development Kits will perform substantially in accordance with the applicable EMC written specifications and documentation, for a ninety (90) day period from delivery to Developer, under normal use (the ‘Warranty’). The Warranty extends only to Developer and is contingent upon proper use thereof in accordance with the applicable EMC documentation.
- 7.2 Remedy – EMC’s sole obligation and Developer’s sole remedy for breach of the Warranty shall be that EMC will either repair or replace, at EMC’s option, software included in the Development Kits that is not performing substantially in accordance with its written specifications. EMC will use good faith and commercially reasonable efforts to accomplish the repair or replacement under the Warranty after notification from Developer of the defect, but if EMC is unable to do so after a reasonable period of time, Developer shall discontinue all use of and return to EMC, and EMC shall accept the return of, such Development Kits and all copies or portions thereof, and neither party shall thereafter have further recourse or obligation under the Warranty. EMC makes no warranty that all deviations from the Warranty can be corrected or eliminated.
- 7.3 No Other Warranties - EXCEPT AS EXPRESSLY STATED IN SECTION 7.0, THE DEVELOPMENT KITS ARE PROVIDED "AS IS", EMC MAKES NO OTHER EXPRESS WARRANTIES, WRITTEN OR ORAL, AND ALL OTHER WARRANTIES ARE SPECIFICALLY EXCLUDED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FIT-NESS FOR PARTICULAR PURPOSE, OR NONIN-FRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEAL-ING OR PERFORMANCE OR USAGE OF TRADE.
- 8.0 LIMITATIONS OF LIABILITY AND INDEMNITIES
- 8.1 Limits of Liability - EXCEPT AS OTHERWISE PROVIDED IN SECTION 7.0. ABOVE, EMC’S TOTAL LIABILITY AND DEVELOPER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OF ANY TYPE WHATSOEVER, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH ANY ITEMS OR SERVICES PROVIDED HEREUNDER, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY EMC’S SOLE NEGLIGENCE IN AN AMOUNT NOT TO EXCEED US$10,000 FOR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, OR (ii) DAMAGE OF ANY OTHER TYPE NOT OTHERWISE EXCLUDED HEREUNDER. EXCEPT FOR CLAIMS ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SUB-SECTION 5.1 OR DEVELOPER’S BREACH OF THE LICENSES GRANTED IN SECTION 3.0, NEITHER PARTY SHALL HAVE LIABILITY TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES, DATA AND/OR USE) ARISING OUT OF OR IN CONNECTION HEREWITH OR THE USE OR PERFORMANCE OF THE DEVELOPMENT KITS OR DEVELOPER PRODUCT. EVEN IF ADVISED OF THE POSSIBILITY THEREOF. DEVELOPER SHALL NOT BRING ANY CLAIM ARISING UNDER THIS AGREEMENT MORE THAN EIGHTEEN (18) MONTHS AFTER SUCH CLAIM HAS ACCRUED.
- 8.2 Developer Indemnity - Developer shall indemnify, defend and hold EMC harmless from all losses, costs, liabilities and expenses incurred by EMC which arise out of any claim (except claims that unmodified Development Kits infringe the intellectual property of a third party) that arises out of Developer’s acts or omissions provided EMC has notified Developer promptly in writing of any such claims; (ii) Developer shall have sole control of the defense of such claims and all negotiations for their settlement and compromise; and (iii) EMC shall reasonably cooperate with Developer in the defense or settlement of such claims. 10.0 GENERAL
- 10. Entire Agreement - The terms contained herein constitute the entire agreement between the parties with respect to the subject matter hereof and shall supersede all prior communications and agreements, either oral or written.
- 10. Similar Products - Nothing contained herein shall be construed as preventing either party from developing, acquiring, marketing, selling, supporting or maintaining products similar to or competitive with those offered by the other party, or from entering into agreements with or providing Development Kits or other products to competitors of the other party, provided that in so doing, such party does not breach its obligations under Sections 3 or 5.1.
- 10.3 Equitable Relief - EMC may, without limiting its other rights and remedies, be entitled to equitable relief, including but not limited to injunctive relief.
- 10.4 Compliance with Laws and Governing Law - Each party shall comply with all applicable export laws, orders and regulations and obtain all necessary governmental permits, licenses and clearances. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, excluding its conflict of law rules.
- 10.5 Notices - Except for quotes, purchase orders, acknowledgments, invoices and other usual and routine communications, all other notices or writings required or permitted hereunder, including but not limited to notices of default or breach, shall be signed by an authorized representative of the sender, sent to the other’s address as first set forth above, and, in the case of EMC, addressed to EMC General Counsel, 176 South Street, Hopkinton, MA 01748, Attn: Notice under EMC Developers Network Program, and (ii) Developer, addressed to the attention of the President with copies to the Developer’s then current Business/Marketing manager. The address and contacts for either party may be changed by written notice to the other. Such notices shall be deemed to have been received when hand delivered to such individuals by a representative of the sender; (ii) three (3) days after having been sent postage prepaid, by registered or certified first class mail, return receipt requested; (iii) when sent by electronic transmission, with written confirmation by the method of transmission; or (iv) one (1) day after deposit with an overnight carrier, with written verification of delivery.
- 10.6 No Waiver - No modification or amendment hereto, nor any waiver of any rights herein, shall be effective unless assented to in writing by the party to be charged. The waiver of any breach or default shall not constitute a waiver of any other right or remedy hereunder, or (ii) any subsequent breach or default.
- 10.7 Independent Contractors - The parties shall act as independent contractors for all purposes hereunder.
- 10.8 Separability - If any provision hereof shall be held illegal or unenforceable, such provision shall be deemed separable from, and shall in no way affect or impair the validity or enforceability of, the remaining provisions.
SCHEDULE A Initiative Schedule
This Initiative Schedule is hereby attached to and incorporated into the EMC Developers Network Program Centera Specialty Agreement (the ‘Agreement’) between EMC Corporation and the Developer identified in the Agreement (the ‘Developer’) and is effective as of the Effective Date of the Agreement.
Part 1 - EMC Development Kits
The Development Kits to be used by Developer consist of one or more versions of either or both of the following, as indicated in the answer to Question 10 of the EMC Developers Network Program Membership Form:
The Development Kits to be used by Developer consist of one or more versions of either or both of the following, as indicated in the answer to Question 10 of the EMC Developers Network Program Membership Form:
EMC Centera SDK: The EMC Centera SDK contains programming language interface routines for UNIX and Windows for performing functions such as Store, Retrieve, Delete, and Query for data objects resident on the EMC Centera storage system. Applications use this Centera API to read, delete and write to EMC Centera. Applications can also use the Centera API to set and read metadata such as retention period and other XML-based information uniquely associated with each data object. The Kit contains the server-resident application libraries in object code form, code samples, and all related documentation.
EMC Centera SDK for XAM: The EMC Centera SDK for XAM is EMC’s packaging of the SNIA/XAM API, along with the Centera Vendor Interface Module (VIM). The XAM API contains programming language interface routines for UNIX and Windows for performing functions such as Store, Retrieve, Delete, and Query for data objects resident on XAM compliant storage systems. Applications use this XAM API and the VIM to read, delete and write to EMC Centera. Applications can also use the XAM API to set and read metadata such as retention period and other XML-based information uniquely associated with each data object. The Kits contains the server-resident application libraries in object code form, code samples, and all related documentation.
Part 2 - Developer Product Developer Product Name: As specified in answer to Question 2 of the EMC Developers Network Program Membership Form.
Developer Product Overview: As specified in answer to Question 2 of the EMC Developers Network Program Membership Form.
Part 3 - Developer Contact Information
Developer Technical/Development Contact: (will receive updates to EMC Development Kits(s) as specified in answer to Question 1 of the EMC Developers Network Program Membership Form
Developer Partnership/Alliance Contact: (will receive updates to EMC terms and conditions) as specified in answer to Question 1 of the EMC Developers Network Program Membership Form
* 'I Accept' the terms and conditions in the Agreement