UbiStor Agent for IBM i Version 6.01.2567 Release Notes, December 20th, 2008 _______________________________________________________________ =============================================================== Contents

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UbiStor

Agent for IBM i

Version 6.01.2567

Release Notes, December 20th, 2008


_______________________________________________________________

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

Contents


1 Overview

1.1 Release History an
d Changes


2 Features


3 Fixes


4 Known Issues


5 Installation Notes

5.1 Installation Requirements

5.2 Installation Files

5.3 Licensing


6 Product Support

6.1 Technical Support

6.2 Product Updates

6.3 Documentation


7 L
egal Information


_______________________________________________________________

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

1 OVERVIEW


This document contains release notes for the latest release

of the Agent IBM i 6.0.


This Agent i
s supported on the following platforms:

OS
-

IBM i (iSeries) V5R2, ,V5R3, or V5R4*.

*Note: QLOGOUTPUT and QALWJOBITP are not supported on V5R4.


This release is only supported with a Director Vault versions

5.53, 6.02, or later.



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

1.1 Release History and Changes for Agent IBM i 6.0


August 18th, 2008
-

1st release, version 6.00.2543

November 24th, 2008
-

2nd release, Version 6.01.2567


_____________________________________________________
__________

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

2 FEATURES


Agent IBM i 6.0 Features


Speed and Performance enhancements.

Improved multi
-
CPU/threading capability.

Added Bandwidth throttling capability.

Added AES 256 bit encryptio
n.

Delta File Recreation capability.

Improved messaging authentication.

Improved the capability of exclusions.

Utility to assist users in creating optimally configured Jobs.

Translate XLOG file to LOG file using XLOGMAIN utility.

Increased Job Name from 8
to 30 characters.

Long Pathname Support to 32000 characters, limited by OS support.

European Languages Support
-

UTF8 Support.

Overwrite Rename option.

IBM LZ1 algorithm for compression for faster restores.

LVR (Logical vault Replication) aware.


_________
______________________________________________________

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

3 Fixes in the 6.01 release:


Restore of PF type objects with members can fail if small

object size was set to 0 for the backup of the sa
feset.

(14262/14245)


Backup log contains errors, "Object ..x..... is not a file of

the correct type". (14247)


Agent defaults to 1 SAVF Job regardless of the value specified

by the RSTTHD parameter. (14261)


OPNDBF commands contain incorrect parameters
for rebuilding of

accesspath during restore. (14231)


Changes not saved when deleting user name from SMTP
-

user name

field in "Optional Settings" menu. (14216/14154)


Vault backup log contains warning: "Backup metadata contains

changed post
-
proc CRC w/o

changes in data". (14205)


QFS changes don't take Daylight Savings Time into account.

(14193)


IBM i Agent 6.00 fails SAVACTWAIT during save operation with

message CPF377F and CPF3808. (13993)


Email notification stopped functioning. (13955)


QFS not cap
turing all changes on IBM i. (13976)


Email notification failing sporadically for backups/restores.

(13750)


Error in system logs for Auto Job Creation Tool
-

"Object not

found. Object is English_United States.1252." (13667)


Failed to receive messages fr
om SMTP server during email

generation. (13277)


_______________________________________________________________

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

4 KNOWN ISSUES


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 closing 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 then it will restore

correctly. (13723)


In certain cases the user may see debug messages in SAVF

restore job (the #R Job). (13720)


Erro
r in restore log may appear 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)


May receive message
in backup log of *ALLUSR
-

"Jul29 08:10

SSET
-
I
-
4101 O/S message: CPE000Ó" at point of deferral. (13618)


On an IFS restore you may receive the error "Unable to set

file UID and GID for file". This message can appear if the

user profile who owned the obj
ect 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 Jobs or a user profile was deleted from

the system and the restore is being done from an older safe
set

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 object owner to allow their

applications to function. (13606)


Following re
-
registration, if ther
e 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

after database creation) and then delete the retention, the

deleted retention will still be dis
played (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

longer 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 characters for the system

Job name. If there is already another Agent Job with the same

8 character abbreviation, then the 8th position will be

substituted with a number and the number wi
ll be incrementally

increased until a unique name is found. The process will

continue for the 7th, 6th, etc... until a unique name is found.

(13525)


A warning may be encountered in the safetset.log "quick file

scanning turned OFF due to delta file form
at" 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,

delta 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 multimember PF files are

considered as directories and not as files. "No files backed

up" is shown while directory is copied. (13497)


Error message "CPI2417 Job message q
ueue for 000512/AGENT/

BACKUP#R has been wrapped." This may occur with Jobs containing

over 100K objects (OBJ). (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 can not be backed up.

(13037)


Restoration to an alternate location is not allowed on Library

name with a period “.” E.g: JAY.RST (13036)


CLNT
-
E
-
0007 network e
rror: The value specified for the

argument is not correct at the end of an IBM i backup.

(11255)


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)


Setup

If re
-
installing, you must first delete the setup library. For

example: Del
ete 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 deleted. The

user may delete objects afterwards when t
hey 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 Program. 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 backup objects that they hav
e

authority to. *SAVSYS is not enough authority, since database

members are read programmatically, and not with save commands.

For *SYS backup, *SAVSYS is necessary.


Database Files

IBM limits access to deleted record information, thus during

restore, d
eleted records will not be restored. Some very old

AS400 applications relied on relative record numbers for

indexing therefore, you may need to check with your application

provider to see if you need to be concerned with relative

record numbers and dele
ted records. Note: IBM strongly

discourages the use of relative records numbers 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 backup 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 Subsystem (ENDSBS) during a backup

or shutdown of the IBM i, you will rec
eive 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 jobs. Note: This can only be done 10

minutes after the job has ente
red 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 technical support's guidance.

The default times are:


Reconnect D
elay = 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 exists. The Agent will

skip over these objects continue. The error

message

"Command exception occurred 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 s
pecific 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 QM
LTTHDACN 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

liste
d 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, S
witch, or

Router (typically *AUTO) on the DUPLEX parameter on the

CHGLINETH command to solve the problem. (Note: IBM default is

*HALF) Please perform 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 t
ime. 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 back
up 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,

performanc
e will be enhanced if the database does not already

exist in the destination location as the replace operation is

more 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)


If a backup is scheduled very soon after a daylight saving

adjustment event (ie: 2:01 am on the change day),
then some

files many be re
-
deltized.

Workaround: Either schedule the backup to start prior to the

daylight savings time change or at least 2 hours after. (5934)


Intermittently unable to access the "Work with Agent

Licenses" screen when entering menu s
election number(5).

Workaround: Log out and log back in to the system. (6956)


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 A
gent

IFS Restore may cause the JVM to stop working. As a

preventative measure, exclude /QIBM from an IFS Restore. (7710)


Install program errors when you upgrade an Agent using Agent

profile. You can't use the Agent profile during an upgrade.

You must l
ogon with "QSECOFR" level user ID to upgrade the

Agent. (9021)


_______________________________________________________________

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

5 INSTALLATION NOTES


5.1 Installation Requirements


This relea
se is only supported with a Director Vault version

5.53, 6.02, or later.


Note: The AS400AGENT file is first downloaded to a PC, from the

UbiStor

web site. This file is then FTP'd to the IBM i, in a

library of the 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.


This version is compatible with on V5R2, V5R3 or V5R4*.

Note: QLOGOUTPUT and QALWJOBITP are not supported on V5R4..

Note: It is recommended

to install the latest cumulative, hyper,

and group PTF's (program temporary fix) from IBM.


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

5.2 Installation Files


The following files are installed by the Agent installation

kit:

*Agent so
ftware "Agent_IBM_i.txt"


The following documents are available on the Agent after the

installation:

* Release notes (this document)

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


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

5.3 Licens
ing


The Agent itself requires an Agent license to function properly.

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

authenticatio
n credentials.


_______________________________________________________________

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

6 PRODUCT SUPPORT


6.1 Technical Support


Complete contact information for your provider 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 d
ocumentation available for the Agent is as follows:


The "Agent_IBM_i.pdf" (User Guide)

The "Agent_IBM_i.txt" (Release Notes
-

this document)


All documentation is also available at the following location

on the
UbiStor

site: www.
UbiStor
.com/support


____
___________________________________________________________

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

7 LEGAL INFORMATION


UbiStor

SafeStor

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 SOFTW
ARE OR IF YOU RECEIVED 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 AGREEMENT.


1. License Grant. Licensor grants to Licensee a

worldwide, nonexclusive, nontransferable license to use

the
UbiStor

SafeStor

Agent software (the “Software”) on

one device for internal business purposes only. Licensee

is perm
itted to make a single copy of the 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 c
ompile,

reverse engineer, disassemble 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 any third party. Licensee obtains no

rights in the Software except those given in this limited

license.


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

2. Ownership. The Software, any related documenta
tion

and all intellectual property rights therein 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 treat
ies, protect the

Software. Licensee will not remove, 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

an
d structure of individual programs, constitute trade

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 written consent of

Licensor. Licensee agrees to implement reasonable

security measures to protect such trade secrets and

material.


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

3. NO WARRA
NTIES. TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW AND 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 PERMITTED BY

APPLICABLE LAW ALL REPRESENTATIONS, ORAL OR WRITTEN, TERMS,

CONDITIONS, AND WARRANTIES, INCLUDING, WITHOUT LIMITATION,

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PU
RPOSE, SATISFACTORY QUALITY AND

NONINFRINGEMENT. WITHOUT LIMITING 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 PERMITTE
D BY APPLICABLE LAW, IN NO EVENT

WILL LICENSOR, ITS AFFILIATES OR ITS 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

INABILITY TO USE THE SOFTWARE (INCLUDING, WITHOUT

LIMITATION, DATA LOSS OR CORRUPTION, ECONOMIC LOSS, LOSS

OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF CONFIDENTIAL

INFORMATION, BUSINESS INTER
UPTION, LOSS OF PRIVACY,

FAILURE TO MEET ANY DUTY OF REASONABLE CARE OR NEGLIGENCE)

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 POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES

WERE FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE

EXCLUSION OR LIMITATION OF INCIDENTIAL 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,

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY

DAMAGES ARISING OUT OF, OR RELATING TO, OR RESULTING FROM

LICENSEE’S USE OF THE SOFTWARE OR ANY OTHER M
ATTER

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 t
his

Agreement. Upon such termination, Licensee must

immediately cease using the Software, destroy or delete

all copies of the Software and upon the request of

Licensor, certify the destruction or deletion of the

Software. Licensee may terminate this A
greement and the

license granted hereunder at any time by destroying or

deleting all copies of the Software. ALL 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 Compliance. 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 in

activities related to weapons of mass destruction

including, without limitation, activities related to

designing, developing, pr
oducing 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

gover
nment of Cuba, Iran, North Korea, Sudan or Syria or

any other country on the U.S. State Department’s list of

state sponsors of terror, and that Licensee will not

download or otherwise export or re
-
export the Software and

any related technical data direc
tly or indirectly to the

above mentioned countries nor to citizens, nationals, or

residents of those countries. Licensee will comply with

all applicable export, re
-
export and foreign policy

controls and restrictions imposed by the United States and

wi
ll 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

perm
itted 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 jurisdic
tion of such courts and

waive any and all objections to jurisdiction a party may

have under applicable law. Notwithstanding the foregoing,

if the Software is downloaded or acquired in the People’s

Republic of China, any dispute arising under this

Agre
ement or relating to the Software shall be resolved by

binding arbitration, held in Santa Clara County, California,

United States, under the Judicial Arbitration and Mediation

Services (JAMS) International Arbitration Rules.


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

10. Legal Effect. This Agreement describes certain legal

rights. Licensee may have other rights under applicable law.

This Agreement does not change Licensee’s rights under

applicable law if such laws do not permit the Ag
reement 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 b
etween 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 International 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

technical data are provided with restricted rights. Use,

duplication, or disclosur
e 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 subparagraphs (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 assignment will be null and void.

UbiStor
, the
UbiStor

logo, and other
UbiStor


names and logos are the trademark
s of
UbiStor, Inc.
or its affiliates.


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

12. Contact Information. Any inquiries regarding this

Agreement or the Software may be addressed to Licensor at

6121 Hollis Street, Emeryville, California,
USA, 94608,

or www.
UbiStor
.com.


_______________________________________________________________

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