SafeStor Software Agent for IBM i Version 6.10.2611 Release Notes, January 22nd, 2010 _______________________________________________________________ =============================================================== Contents

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SafeStor Software Agent for IBM i

Version 6.10.2611

Release Notes, January 22nd, 2010


_______________________________________________________________

===============================================================

Contents


1 Overview

1.1 Release History and Changes


2 Features


3 Fixes


4 Known Issues


5 Installation Notes

5.1 Installation/Upgrade Requirements

5.2 Installation Files

5.3 Licensing


6 Product Support

6.1 Technical Support

6.2 Product Upd
ates

6.3 Documentation


7 Legal Information


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===============================================================

1 OVERVIEW


This document contains release notes for the Agent IBM i 6.10.


This Agent is supported on v5r3, v5r4 and v6r1 platforms only.


This release is only supported with Director (Vault) versions 5.53, 6.02, and later.



---------------------------------------------------------------

1.1 Release History and Changes for A
gent IBM i 6.1


January 22nd, 2010
-

1st release, version 6.10.2611


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===============================================================

2 FEATURES


Agent IBM i 6.10 Features


* System Administra
tor will be able to perform new installations or upgrades from Agent 5.32 or
greater.

* Improved Auto Job Creation Tool.

* The Agent supports protection of the native system.

* The Agent protects and allows recovery of IFS folders and

files including
security attributes,
timestamps etc.

* System Administrator has the ability to protect the IBM i system to allow full system recovery in the
event of system failure or DR test. The Agent will not depend on presence of

recovery tape.

* Documented procedure

for end user to follow to allow for successful tape recovery.

* The Agent offers the option to protect and recover not only spooled file definition but the data. Note:
This capability supported in V5R4 and later versions.

* The Agent offers the option to
use SAVACTWAIT parameter to set the active wait time to minimize the
likelihood of application locks during backup.

* Eliminated some errors on backup. /QDLS is supported. /QDLS, old folders aka QDOC (implementation
of SAVDLO command). The IFS folder /QFPN
WSSTG contains LPAR data which is now processed with the
API to be able to recover successfully.


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===============================================================

3 FIXES


Fixes in the 6.10 rel
ease:


IBM i system Jobs get the message "Maximum number of records reached for file QPSRVDMP".

Resolved: During the Agent installation, the Agent will increase the number of spool file records for file
QSYS/QPSRVDMP to 500,000 records. This will allow th
e QANEAGNT system Job to dump output in
cases when the Agent defers the backup and causes the IBM i API to terminate early. (16938)


QDOC and other libraries not excluded. This has been fixed in

this release. (15502)


Trigger hot backup is not working in 6
.0x Agents. The userspaces required to track changes during
trigger backup are

not created with a 6.0x Agent, so trigger hot backup will not

sync during restore. This
has been fixed in this release.

(15485)


Restoring files in /QIBM breaks OS Java virtual
machine. If you have applications that use Java Virtual
Machine, the OS

also uses Java for some IBM i Navigator functions. The Agent

IFS Restore may cause the
JVM to stop working. As a preventative measure, exclude all *jar and *class from the backup. You
can
back up these files using something similar to this:


SAV DEV('/qsys.lib/qgpl.lib/qibm.file') OBJ(('/QIBM')) PATTERN(('*.jar')) DTACPR(*HIGH)

The savefile can then be included in a separate backup task.

(7710)


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===============================================================

4 KNOWN ISSUES


Schedule entries created using the Auto Job Creation Tool may have blank entries in "Work with
Schedule" field for "Retention

Name". (17579)


Jobs

scheduled from Auto Job Creation tool may have invalid entries for Quick File Scanning with the
error "* not valid

for parameter QUICKSCAN". (17578)


If the Agent userspace does not exist, the Agent exits with abnormal termination (SIGABRT). (17017)


Trigger backup fails with "lock semaphore failed".

WORKAROUND: To clean up Agent semaphores (needed after backup

crashed and if system IPL did not
occur), run the following command: CALL BUAGENT/TRGEXTPGM PARM('C') (16931)


*Sys backup fails with "Save Con
figuration objects failed".

WORKAROUND: The user should do a WRKJOB SYSBK1 and look at the job log of the most recent job to
determine the system errors. If there are no job logs available then the user may look at the errors by
running the following comma
nd manually:

"SAVCFG DEV(*SAVF) SAVF(BUAGENT/SYSSTS1)"


Typically the reason the backup fails is due to communication devices or controllers. These should be
deleted and recreated.

(16753)


IFS delta backup changes the attribute change data/time on directo
ries and files. Symlinks are not
affected. The backup process will restore the last access timestamp to be what it was before the backup.
The attribute change timestamp is affected/updated. (16385)


*SYS Restore
-

restore configuration object failed due to

CPF377C".

WORKAROUND: If any errors occur during a system state restore,

(like CPF377C) then the user should
perform DSPJOBJOG on the console session where the restore was run then review and resolve any
system generated messages. (16174)


Running CPROBJ
(compress object) during backup may trigger errors. (16074)


Restore from *IBM Job may also restore the objects inside of user libraries. (15964)


In work with task screen, last modified time/date is off by what appears to be GMT offset. (15470)


CHGAUT co
mmand errors are not reported in the agent log. (15301)


A file name with an apostrophe (') single quote or double quote (") characters that are not matched in
name, fails on CHGAUT. (15300)


IFS backup of long paths may fail with "Fatal error in processin
g job". (15234)


User libraries that begin with Q are backed up as IBM default

libraries as the Agent uses IBM’s internal
listing to obtain the list of ALLUSR and *IBM. (14406)


During an *ALLUSR restore, an OS message may not be displayed properly in the
log "REST
-
W
-
4096
CPF3756 USRQ QTMFQ00021 not restored to QUSRSYS" as well as in some other cases. (13725)


During an *ALLUSR restore, the incorrect message is logged as "REST
-
E
-
7365 failed to restore CPD372E
FILE QAMOPVR not restored to Q". The REST
-
E
-
7365

message should contain the file

name and not
repeat the prior REST
-
W
-
4096 message. (13724)


During an *ALLUSR restore, the error appearing as "DISK
-
E
-
4954 Error writing data, ThreadApi is no
longer in open status."

The issue is that the API is not closin
g correctly after processing a 0 size FILE
object because the file was locked during backup and the following object does not restore correctly.

WORKAROUND: Restore the object by itself. It should then restore correctly. (13723)


Error in restore log may a
ppear as written twice
-

"Error clearing data member clearing data member".
Restore should complete while the information error is redundant. (13708)


Possible error that "Database creation is already in progress ......" may occur. As the Job Creation Tool

is
a one time use tool, if, while the database is getting created, the process dies, then this message will be
displayed and the database creation will not occur.

WORKAROUND: Re
-
install the Agent. (13666)


On an IFS restore you may receive the error "Una
ble to set file UID and GID for file". This message can
appear if the user profile that owned the object at the time of the backup does not exist when the
restore is done. For example, during a DR test, the *SYS Job was not run prior

to running any other J
obs
or a user profile was deleted from the system and the restore is being done from an older safeset

which
had an object that was owned by this deleted user profile.

WORKAROUND: The user needs to review the messages and change the object to the proper ob
ject
owner to allow their applications to function. (13606)


Following re
-
registration, if there is a Job where synch fails, they will sit in wrkactjob and must be ended
by the user. (13588)


If you have created a retention (with Job Creation Tool and afte
r database creation) and then delete the
retention, the deleted retention will still be displayed (option 3). (13537)


Job names exceeding 8 characters may appear truncated due to

OS limits.

The OS only allows for up to
10 character system Job names so

lon
ger Agent Job names will be truncated. The Agent uses a 2
character suffix, namely _B, @B, #B, _R, #R, @R to indicate the type of process so that leaves 8
c
haracters for the system Job name. If there is already another Agent Job with the same 8 character
a
bbreviation, then the 8th position will be substituted with a number and the number will be
i
ncrementally

increased until a unique name is found. The process will continue for the 7th, 6th,
etc...
u
ntil a unique name is found. (13525)


A warning may be enco
untered in the safetset.log "quick file scanning turned OFF due to delta file
format" if the backup Job has been backed up by a version 5.32 Agent. The backup with the 6.0 Agent
will re
-
seed.

Note: Due to the new delta format on the upgraded 6.0 Agent,

del
ta recreation cannot occur until a full
re
-
seed of the backup by the 6.0 Agent has completed. (13526)


You may see a large number of bandwidth adjustments reported

in a backup log or receive the message
"Bandwidth usage for this job has been adjusted to 0
kilobits per second". This may

be due to the
process counter in ProcessManager not being synchronized. In some cases, if the job ended abnormally,
the counter may not have decreased. Also the process might be

still alive in ProcessManager.

WORKAROUND: The

ProcessManager will be cleared in the next IPL.

(13501/13499)


IBM i backup log can indicate error "No files backed up" when files are backed up. Members of
m
ultimember PF files are considered as directories and not as files. "No files backed up" is shown

while
directory is copied. (13497)


Backup/Restore of hard links not working correctly. (13400)


Error message "CPI2417 Job message queue for 000512/AGENT/BACKUP#R has been wrapped." This
may occur with Jobs containing over 100K objects (OBJ).

WORKAROUND
: Set JOBMSGQFL of all of the JOBDs of the Agent to *PRTWRAP. (13274)


Objects may not be backed up if file name contains special characters. For e.g. "/filename" The system is
allowing the creation of a library with special characters in the name when

it

is included inside double
quotes but it cannot be backed up.

(13037)


Restoration to an alternate location is not allowed on Library name with a period “.” e.g. JAY.RST
(13036)


The addition of "_END_MBR_.MBR" to address another IBM i issue,

skews BACKUP
log summary totals.
As _END_MBR_.MBR appears numerous times in the backup logs, the totals for "# of files"

and "# of
errors will be skewed. (12650)


"Retry period" value in Vault settings is ignored. The default value of 1 hour is retained. (12531)


In r
estore of *IBM using iSeries Agent 5.34 receive numerous "Data mapping error on
m
ember................." messages. The actual programs are restored and the warning messages only show
up later under different objects. (11927)


Setup

If re
-
installing, you mu
st first delete the setup library. For example: Delete TESETUP first before restoring
the savf from the ftp site.


Remove Agent / Uninstall

If any objects in the Agent library are in use when the remove command is run, then those objects will
not be delete
d. The user may delete objects afterwards when they are no longer in use.

An Uninstall should be done at the beginning of a new session.

If you wish to uninstall the Agent, you should logoff and then

logon again to perform the Remove
P
rogram. If a failure
message

is received, you may have to repeat the process.


Authority

Current programs run with authority of *USER, thus the user should use a profile with minimum
*ALLOBJ, and *SECADM authority to ensure all objects can be backed up. Otherwise, a

user will

only be
able to back up objects that they have authority to. *SAVSYS is not enough authority, since database
members are read programmatically, and not with save commands.

For *SYS backup, *SAVSYS is
n
ecessary.


Database Files

IBM limits access to deleted record information, thus during restore, deleted records will not be
restored. Some very old AS400 applications relied on relative record numbers for indexing therefore,
y
ou may need to check with your application

provider to s
ee if you need to be concerned with relative

record numbers and deleted records. Note: IBM strongly discourages the use of relative records
n
umbers in applications

since it is a system controlled value and gets changed whenever

a RGZPFM
command (database
defrag) is run.

WORKAROUND: If relative record numbers are sensitive in your

application then use the API option to
back up database files.


Naming Convention

For Vault, Jobs, and Retention names, you must follow the IBM convention of:

*Not starting with
a number

*You may use "A" to "Z" and "0" to "9"

*Special characters of "_", and "$", are allowed.


Vault Name
-

maximum 15 characters


Job Name
-

maximum 30 characters


Retention Name
-

maximum 32 characters


End Subsystem

If you try to End the Agent Subsy
stem (ENDSBS) during a backup

or shutdown of the IBM i, you will
receive the following:

Error during backup: "Unexpected condition with QaneSava API. Reason 0913".

WORKAROUND: If needed, use ENDJOBABN command to forcefully end any non
-
responding Agent jo
bs.
Note: This can only be done 10 minutes after the job has entered ending status.


Reconnection Settings

We highly recommend using the default reconnection settings on

the Agent as they are optimized for
the Vault/Agent. Only change the settings with tec
hnical support's guidance.

The default times are:


Reconnect Delay = 30 sec.


Retry Timeout = 3600 sec.


Object Restore Fails if Object Already Exist

Restore objects of *DTAQ, *MSGQ, *JOBQ, *USRQ, *JRN, *JRNRCV types will fail if the object already
exis
ts. The Agent will skip over these objects continue. The error message "Command exception
o
ccurred using QaneSava API" will show in the log file. If you wish to restore/replace these types of
objects, you must first make sure they don't exist or have been
deleted before restoring them from the
vault.


Object of specific type Fails when Restoring to alternate library. Types include the following:


*SQLPKG, *JRN


Member attribute and text are not restored when the target system's QMLTTHDACN system value has
been set to 3.

WORKAROUND: For a restore, switch the QMLTTHDACN to 2 and then

reset it to 3 when the restore is
complete.


IFS device, block, special character

and socket files are

typically created by the OS install or OS running
programs. The

Agent does not restore these objects and some errors will be

listed in the log file when
attempted to restore these files.


Communication / Pre
-
Installation Requirements

There is an IBM OS bug on the network interface where the 100 Mbit interface can degrade to 0.4 Mbps.

WORKAROUND: Use the same settings as your Hub, Switch, or Router (typically *AUTO) on the DUPLEX
parameter on the CHGLINETH command to solve the problem.

(Note: IBM default is *HALF) Please
p
erform a FTP transfer test to and from the IBM
I
to a local PC and ensure the network is running
optimally. We also recommend the following values for optimal network performance.

On the Ethernet line desc (description
) set these values:


GENTSTFRM(*NO)


LINKSPEED(100M) (Use maximum value for the interface)


LINESPEED(100M) (Use maximum value for the interface)


DUPLEX(*AUTO)


On TCP/IP interface: TOS(*MAXTHRPUT)


On TCP/IP Route: TOS(*MAXTHRPUT)


If you have the Defer

option enabled, and the backup does not complete in the allotted time, the system
will stop the backup,

and complete it during the next backup time. To be able to stop

the backup, the
operating system must “abnormally” stop the backup job (the backup API)
. This will create errors in the

Backup.log, but they are normal in this case. The log will also have a message similar to:

“BKUP
-
W
-
0363 backup window expired, intra
-
file defer.”

All object related errors after this line may be safely ignored, since the
object that was deferred will be
backed up during the subsequent backup.


Restore Database Performance. When restoring a database,

performance will be enhanced if the
database does not already

exist in the destination location as the replace operation is

m
ore time
consuming.


Do not use IBM Advanced Scheduler for submitting Agent Jobs. The Agent uses the standard job
scheduler, which requires multi
-
threading. IBM Advanced Scheduler uses RCLRSC command internally,
which is not compatible with multi
-
threaded
applications. (10844/5865)


Error CPF3876 file not saved because of dependency on data dictionary. Error message CPF3876 "The
file cannot be saved or

restored unless the data dictionary is also being saved or restored."

WORKAROUND: Create a CL program
with SAVOBJ command to back up

the database file and the
depending data dictionary in one step

and output it so a SAVF. Then specify the CL in the pre
-
command
and specify the SAVF in the include statement on the task.

To get best delta results, back up onl
y one PF and one dictionary per SAVF. Dump multiple SAVF to a
specific library and then back up that library with the Agent after the pre
-
command completes. (9221)


Install program errors when you upgrade an Agent using Agent profile. You can't use the Age
nt profile
during an upgrade. You must logon with "QSECOFR" level user ID to upgrade the Agent. (9021)


Intermittently unable to access the "Work with Agent Licenses" screen when entering menu selection
number(5).

Workaround: Log out and log back in to the

system. (6956)


If a backup is scheduled very soon after a Daylight Savings

Time adjustment event (e.g., 2:01 am on the
change day), some files may be re
-
deltized.

Workaround: Schedule the backup to start prior to the Daylight Savings Time change, or at
least 2 hours
after. (5934)


System state restore "hangs up" if the grace period has expired.

Grace period indicated as expired
causes the system state to hang up "putting system into restricted state". (4144)


_____________________________________________
__________________

===============================================================

5 INSTALLATION NOTES


5.1 Installation/Upgrade Requirements:


This Agent is supported on v5r3, v5r4 and v6r1 platforms only.


This release is only supported with a Director
Vault version 5.53, 6.02, or later.


The IBM i 6.10 Agent supports upgrades from IBM i Agents 5.32 or greater.


Note: The IBMIAGENT file is first downloaded to a PC, from the

UbiStor

web site. This file is then sent via
FTP to the IBM i, in a library of th
e user's choosing.


Note that you cannot FTP the file directly to the IBM i if it

is in a ZIP format. You must download it to a
PC first, unzip it, and then copy it to the IBM i.


Alternatively, you can download CD image files from the
UbiStor
web site,
burn these to a CD (in
Windows), and then use that

CD on the IBM i to install the Agent software.


Use the IBM i Agent User's Guide for installation details.


Note: It is recommended to install the latest cumulative, hyper

and group PTFs (Program Temporary

Fixes) from IBM.


---------------------------------------------------------------

5.2 Installation Files


The following files are installed by the Agent installation kit:

*Agent software

"Agent_IBM_i.txt"


The following documents are available on the Age
nt after the installation:

* Release notes (this document)

* IBM i Agent User's Guide ("Agent_IBM_i.pdf")


---------------------------------------------------------------

5.3 Licensing


The Agent itself requires an Agent license to function properly.

See
the User Guide for information on how to acquire and install a license.


To back up to, and restore data from a Data Protection

Vault, a Vault account, username, and password are required.


Contact your Service Provider to obtain the required
authentication credentials for the Vault.


_______________________________________________________________

===============================================================

6 PRODUCT SUPPORT


6.1 Technical Support


Complete contact information for your provi
der is available under the Help Support menu.


---------------------------------------------------------------

6.2 Product Updates


Product updates are available from your provider's web site.


--------------------------------------------------------------
-

6.3 Documentation


The documentation available for the Agent is as follows:


The "Agent_IBM_i.pdf" (User's Guide)

The "Agent_IBM_i.txt" (Release Notes
-

this document)


All documentation is also available at http://
ubistor
.com


__________________________
_____________________________________

===============================================================

7 LEGAL INFORMATION


UbiStor

SafeStor Software Agent for IBM i


End User License Agreement


THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND
UbiStor

INC. (“LICENSOR”). PLEASE
READ THIS AGREEMENT CAREFULLY. BY CLICKING THE "I ACCEPT" BUTTON OR TAKING

ANY STEP TO
DOWNLOAD, SET
-
UP, INSTALL OR USE THIS SOFTWARE, YOU AGREE, ON BEHALF OF YOURSELF AND
YOUR

COMPANY, IF THE SOFTWARE IS TO BE USED FOR
BUSINESS PURPOSES, (COLLECTIVELY
“LICENSEE”), TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU

DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK “I DO NOT ACCEPT” AND YOU WILL NOT BE
PERMITTED TO DOWNLOAD THE SOFTWARE OR IF YOU RE
CEIVED A CD CONTAINING THE SOFTWARE,
RETURN THE SOFTWARE TO LICENSOR. IF WE HAVE AN EXISTING FORMAL WRITTEN SOFTWARE LICENSE
AGREEMENT GOVERNING THE SOFTWARE, THEN THE TERMS IN THAT SOFTWARE LICENSE AGREEMENT
WILL SUPERSEDE ANY CONTRARY TERMS IN THIS AGREE
MENT.


1. License Grant. Licensor grants to Licensee a worldwide, nonexclusive, nontransferable license to use

the
UbiStor

Agent software (the “Software”) on one device for internal business purposes only. Licensee

is permitted to make a single copy of t
he Software for backup purposes. Except as expressly authorized
above or as permitted by applicable law, Licensee will not: copy, in whole or in part, Software or any
related documentation; modify the Software; reverse compile, reverse engineer, disassembl
e or reverse
assemble all or any portion of the Software; rent, lease, license, sublicense, distribute, transfer or sell
the Software; create derivative works of the Software; or use the Software to process data or provide
any service bureau activity for a
ny third party. Licensee obtains no rights in the Software except those
given in this limited

license.


--------------------------------------------------------

2. Ownership. The Software, any related documentation and all intellectual property rights t
herein are
owned by

Licensor, its affiliates and/or its suppliers. The Software is licensed, not sold. Copyright laws
and international copyright treaties, as well as other intellectual property laws and treaties, protect the

Software. Licensee will not re
move, alter or destroy any

copyright, proprietary or confidential notices
placed on the Software or any related documentation. Licensee agrees

that aspects of the Software,
including the specific design and structure of individual programs, constitute tra
de secrets and/or
copyrighted or patented material of Licensor, its affiliates and/or its suppliers. Licensee agrees not to
disclose, provide, or otherwise make available such trade secrets or material in any form to any third
party without the prior writt
en consent of Licensor. Licensee agrees to implement reasonable security
measures to protect such trade secrets and material.


--------------------------------------------------------

3. NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW A
ND SUBJECT TO ANY
STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, THE SOFTWARE AND ANY RELATED
DOCUMENTATION ARE PROVIDED TO LICENSEE "AS IS." LICENSOR

MAKES NO WARRANTIES, EXPRESS
OR IMPLIED, AND EXPRESSLY DISCLAIMS AND EXCLUDES TO THE MAXIMUM EXTENT PERMI
TTED BY

APPLICABLE LAW ALL REPRESENTATIONS, ORAL OR WRITTEN, TERMS,

CONDITIONS, AND WARRANTIES,
INCLUDING, WITHOUT LIMITATION,

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
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ING THE
ABOVE, LICENSEE ACCEPTS THAT THE SOFTWARE MAY NOT MEET LICENSEE’S REQUIREMENTS, OPERATE
ERROR FREE, OR IDENTIFY ANY OR ALL

ERRORS OR PROBLEMS, OR DO SO ACCURATELY. LICENSEE USES
THE

SOFTWARE AT HIS/HER OWN RISK. This Agreement does not affect any
statutory rights Licensee
may have as a consumer.


--------------------------------------------------------

4. EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. TO THE

MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL LICENSOR, ITS AFFILIATES OR I
TS SUPPLIERS BE LIABLE TO
LICENSEE, LICENSEE’S CUSTOMERS, OR OTHER USERS, FOR DAMAGES OF ANY KIND INCLUDING,
WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF

ANY KIND ARISING OUT OF THE LICENSE OF, USE OF, OR INABILIT
Y TO USE THE SOFTWARE (INCLUDING,
WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, ECONOMIC LOSS, LOSS OF ACTUAL OR

ANTICIPATED PROFITS, LOSS OF CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF
PRIVACY, FAILURE TO MEET ANY DUTY OF REASONABLE CARE OR NE
GLIGENCE) EVEN IN THE EVENT OF
THE FAULT, TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY OR BREACH
OF WARRANTY OF LICENSOR, ITS AFFILIATES OR SUPPLIERS AND EVEN IF LICENSOR, ITS AFFILIATES OR
ITS SUPPLIERS HAVE BEEN ADVISED OF THE POS
SIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE
FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY.


--------------------------------------------
------------

5. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL LICENSOR’S LIABILITY EXCEED THE LICENSE FEE PAID BY LICENSEE OR US$5.00, WHICHEVER IS
GREATER. THIS LIMITATION OF LIABILITY AND RISK IS REFLECTED
IN THE PRICE OF THE SOFTWARE.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT
LICENSOR’S LIABILITY TO LICENSEE FOR ANY LIABILITY THAT CANNOT, AS A MATTER OF APPLICABLE
LAW, BE EXCLUDED OR LIMITED.


--------------------------
------------------------------

6. INDEMNIFICATION. BY ACCEPTING THIS AGREEMENT, LICENSEE AGREES TO INDEMNIFY AND
OTHERWISE HOLD HARMLESS LICENSOR, ITS OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES,
SUPPLIERS AND OTHER PARTNERS FROM ANY DIRECT, IND
IRECT, INCIDENTAL, SPECIAL,
C
ONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, OR RELATING TO, OR RESULTING FROM

LICENSEE’S USE OF THE SOFTWARE OR ANY OTHER MATTER RELATING TO THE SOFTWARE.


--------------------------------------------------------

7. Termination. Licensor may immediately terminate this Agreement and the license granted hereunder
if Licensee fails to comply with the terms and conditions of this Agreement. Upon such termination,
Licensee must cease using the Software, destroy or dele
te all copies of the Software and upon the
request of Licensor, certify the destruction or deletion of the Software. Licensee may terminate this
Agreement and the

license granted hereunder at any time by destroying or deleting all copies of the
Software. A
LL DISCLAIMERS, LIMITATIONS OF LIABILITY AND ANY OTHER PROVISIONS INTENDED TO
SURVIVE TERMINATION WILL SURVIVE ANY TERMINATION AND CONTINUE IN FULL FORCE AND EFFECT.


--------------------------------------------------------

8. International Trade Complian
ce. The Software and any related technical data is subject to the
customs and export control laws and regulations of the United States ("U.S.") and may also be subject to
the customs and export laws and regulations of the country in which the download is
contemplated or
CD containing the Software is acquired. Further, under U.S. law, the Software and any related technical
data may not be sold, leased or otherwise transferred to restricted countries, or used by a restricted
end
-
user or an end
-
user engaged i
n activities related to weapons of mass destruction including, without
limitation, activities related to designing, developing, producing or using nuclear weapons, materials, or
facilities, missiles or supporting missile projects, or chemical or biological

weapons. Licensee
acknowledges that it is not a citizen, national, or resident of, and is not under the control of the
government of Cuba, Iran, North Korea, Sudan or Syria or any other country on the U.S. State
d
epartment’s list of state sponsors of terr
or, and that Licensee will not download or otherwise export or
re
-
export the Software and

any related technical data directly or indirectly to the above mentioned
countries nor to citizens, nationals, or residents of those countries. Licensee will comply w
ith all
applicable export, re
-
export and foreign policy controls and restrictions imposed by the United States
and will take the necessary actions and precautions to ensure that it complies with all such laws or
regulations.


-----------------------------
---------------------------


9. Governing Law. The laws of the State of California, United States, without regard to conflicts of laws
principles, govern this Agreement. If applicable law does not permit the parties to agree to the
governing law, the laws

of the country in which Licensee downloads or acquires the Software govern
this Agreement. To the extent permitted by applicable law, any dispute arising under this Agreement or
relating to the Software shall be resolved by a court of proper jurisdiction
in Santa Clara County,
California, United States. Licensee and Licensor irrevocably submit to the jurisdiction of such courts and
waive any and all objections to jurisdiction a party may have under applicable law. Notwithstanding the
foregoing, if the Soft
ware is downloaded or acquired in the People’s Republic of China, any dispute
arising under this Agreement or relating to the Software shall be resolved by binding arbitration, held in
Santa Clara County, California, United States, under the Judicial Arbit
ration and Mediation Services
(JAMS) International Arbitration Rules.


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10. Legal Effect. This Agreement describes certain legal rights. Licensee may have other rights under
applicable law. This Agr
eement does not change Licensee’s rights under applicable law if such laws do
not permit the Agreement to do so.


--------------------------------------------------------

11. Miscellaneous. This Agreement constitutes the entire agreement between Licensor

and Licensee
and governs Licensee’s use of the Software, superseding any prior agreement between Licensor and
Licensee relating to the subject matter hereof. Any change or modification to this Agreement will only
be valid if it is in writing and signed on

behalf of Licensor and Licensee. A failure by either party to
enforce its rights under this Agreement is not a waiver of those rights or any other rights it has under
this Agreement. The parties disclaim the application of the United Nations Convention on

the
i
nternational Sale of Goods. The terms of this Agreement are severable. If any term is unenforceable for
any reason, that term will be enforced to the fullest extent possible, and the Agreement will remain in
effect. The Software and any related techn
ical data are provided with restricted rights. Use, duplication,
or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(iii)
of DFARS 252.227
-
7013 (The Rights in Technical Data and Computer Product) or subp
aragraphs (c)(1)
and (2) of 48 CFR 52.227
-
19 (Commercial Computer Product


Restricted Rights), as applicable. To the
extent permitted by applicable law, Licensee may not assign this Agreement, and any attempted
a
ssignment will be null and void. UbiStor,
the UbiStor logo and other UbiStor and SafeStor names and
logos are the trademarks of Ubistor
, Inc.

or its affiliates.


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12. Contact Information. Any inquiries regarding this Agreement or the Softw
are may be addressed to
Licensor at
1111 N Plaza Dr, Suite 600
,
Schaumburg, Illinois, USA, 60173

or www.UbiStor.com.


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