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2006-01-26
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Freeware License Agreement
BY COPYING, DISTRIBUTING, INSTALLING, OR USING THE TERABYTE, INC.
("TERABYTE") FREEWARE SOFTWARE PRODUCT WITH WHICH THIS LICENSE AGREEMENT
WAS PROVIDED (THE "PRODUCT"), THE INDIVIDUAL OR ENTITY USING THE PRODUCT
("USER") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS
AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
USER MUST NOT COPY, DISTRIBUTE, INSTALL OR USE THE PRODUCT IN ANY MANOR.
IF USER HAS RECEIVED A SIGNED LICENSE AGREEMENT FOR THIS PRODUCT DIRECTLY
FROM TERABYTE THAT CONTAINS TERMS WHICH VARY FROM THE TERMS IN THIS
AGREEMENT, THEN THE SIGNED LICENSE AGREEMENT GOVERNS THE USE OF THE
PRODUCT.
Freeware License
The Software is distributed as Freeware. You may use this version of the
software, subject to the conditions below, on any number of computers for
as long as you like. The software is NOT Public Domain software. You are
allowed to freely distribute the software, but TeraByte, Inc. retains
ownership and copyright of the software in its entirety. You may use
and/or distribute the software only subject to the following conditions:
* You may only use the software as intended by TeraByte.
* You may not use the software to support any third party product
without the express written consent of TeraByte.
* You may not modify the program or documentation files in any way
* You must include all the files that were in the original distribution
* You may not reverse engineer, decomplie, or otherwise reduce the
Software to a human perceivable form
* You may not sell the software or charge a distribution fee, except to
recover the media costs
* You understand and agree with this license and with the disclaimer of
warranty and the limitation of liability printed below
* The software may be bundled and distributed together with other
software products but the same conditions apply
Disclaimer of Warranty
The software and related documentation are provided "as is", without
warranty of any kind. TeraByte, Inc. disclaims all warranties, express or
implied, including, but not limited to, the implied warranties of design,
merchantability, fitness for a particular purpose. TeraByte, Inc. does not
warrant that the functions contained in the software or documentation will
meet your requirements, or that the operation of the software will be
error-free, complete, or that defects in the software or documentation
will be corrected.
Limitation of Liability
Under no circumstances shall TeraByte, Inc. be liable for any lost revenue
or profits or any incidental, indirect, special, or consequential damages
that result from the use or inability to use the Software or related
products or documentation, even if TeraByte, Inc. has been advised of the
possibility of such damages.
Some states do not allow the limitation or exclusion of liability for
incidental or consequential damages so the above limitation or exclusion
may not apply to you. In no event shall TeraByte, Inc.'s total liability
to you for all damages, losses, and causes of action, whether in contract,
tort or otherwise, exceed the amount paid by you for the software.