PowerQuest Corporation Software License Agreement This document is a legal agreement between you, the "end user," and PowerQuest Corporation. Use of the enclosed software indicates your acceptance of these terms. As used in this License Agreement, the term "SOFTWARE" means the PartitionMagic software included on the CD or disk media provided with this License Agreement. The term "SOFTWARE" does not include any software that is covered by a separate license offered or granted by a person other than PowerQuest. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, EITHER DESTROY OR RETURN, INTACT, THE PARTITIONMAGIC PACKAGE, CONTAINING THE CD OR DISK MEDIA, TOGETHER WITH THE OTHER COMPONENTS OF THE PRODUCT TO THE PLACE OF PURCHASE. 1. PROPRIETARY RIGHTS. The SOFTWARE and any accompanying documentation are proprietary products of PowerQuest Corporation ("PowerQuest") or its licensors and are protected under U.S. copyright laws and international treaty provisions. Ownership of the SOFTWARE, and all copies, modifications, and merged portions thereof shall at all times remain with PowerQuest or its licensors. 2. GRANT OF LICENSE. The SOFTWARE and accompanying documentation are being licensed to you, which means you have the right to use the SOFTWARE only in accordance with this License Agreement. PowerQuest grants you the right to use the number of copies of the SOFTWARE specified in this license on a specific computer or computers. The SOFTWARE is considered in use on a computer when it is loaded into temporary memory or installed into permanent memory. 3. NUMBER OF COPIES LICENSED. If your PartitionMagic manual does not indicate that you purchased a PACK LICENSE, you are authorized to use a single copy of the SOFTWARE on a single computer. If you purchased a 5, 10, or 20 computer PACK LICENSE, as indicated in the PartitionMagic manual, you are authorized to use the number of copies for which you have paid. In addition to any copies authorized for use under this License, you may make a single copy of the SOFTWARE solely for backup purposes. All copies of the SOFTWARE must include our copyright notice. 4. COMPUTER-SPECIFIC LICENSE. Each permitted copy of the SOFTWARE may be used on no more than one specific computer (either a stand-alone computer or a computer connected to a network) owned or leased by you. Once a copy of the SOFTWARE has been used on a computer, it may not be used on any other computer, unless you have permanently stopped using (e.g., sold, destroyed, or relinquished possession of) the computer on which the SOFTWARE was first installed and have removed the SOFTWARE from the original computer. If the SOFTWARE is made available on a network, it may be accessed only by the number of CPUs for which you have purchased a license. Once the SOFTWARE has been accessed by that number of CPUs, it may not be used on any additional CPUs without purchasing additional licenses. 5. PERSONAL LICENSE. This license is personal to you. You may not sublicense, lease, sell, or otherwise transfer the SOFTWARE or any of the accompanying documentation to any other person. You may use the SOFTWARE only for your own personal use if you are an individual, or for your own internal business purposes if you are a business. 6. NON PERMITTED USES. Without the express permission of PowerQuest, you may not (a) use, copy, modify, alter or transfer, electronically or otherwise, the SOFTWARE or documentation except as expressly permitted in this License Agreement, or (b) translate, reverse program, disassemble, decompile or otherwise reverse engineer the SOFTWARE. 7. TERM. This license is effective from your date of purchase and shall remain in force until terminated. You may terminate the license and this License Agreement at any time by destroying the SOFTWARE and the accompanying documentation, together with all copies in any form. 8. EXPORT CONTROLS. Certain uses of the SOFTWARE by you may be subject to restrictions under U.S. regulations relating to exports and ultimate end uses of computer software. You agree to fully comply with all applicable U.S. laws and regulations, including but not limited to the Export Administration Act of 1979 as amended from time to time and any regulations promulgated thereunder. 9. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are acquiring the SOFTWARE on behalf of any unit or agency of the United States Government, the following provision applies: It is acknowledged that the SOFTWARE and the documentation were developed at private expense and that no part is in the public domain and that the SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is PowerQuest Corporation/1083 N State Street/Orem, UT 84057. 10. LIMITED WARRANTY. (a) PowerQuest warrants to you, the original end user, (i) that the SOFTWARE other than third party software will perform substantially in accordance with the accompanying documentation and (ii) that the SOFTWARE is properly recorded on the disk media. This Limited Warranty extends for ninety (90) days from the date of purchase. PowerQuest does not warrant any third party software that is included in the SOFTWARE, but PowerQuest agrees to pass on to you any warranties of the owner or licensor to the extent permitted by the owner or licensor. (b) This Limited Warranty does not apply to any SOFTWARE that has been altered, damaged, abused, misapplied, or used other than in accordance with this License and any instructions included on the SOFTWARE and the accompanying documentation. (c) PowerQuest's entire liability and your exclusive remedy under this Limited Warranty shall be the repair or replacement of any SOFTWARE that fails to conform to this Limited Warranty or, at PowerQuest's option, return of the price paid for the SOFTWARE. PowerQuest shall have no liability under this Limited Warranty unless the SOFTWARE is returned to PowerQuest or its authorized representative, with a copy of your receipt, within the warranty period. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. (d) THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. (e) THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE. (f) Your failure to return the enclosed registration card may result in PowerQuest's inability to provide you with updates to the SOFTWARE and you assume the entire risk of performance and result in such event. 11. LIMITATION OF LIABILITY. IN NO EVENT SHALL POWERQUEST'S LIABILITY RELATED TO ANY OF THE SOFTWARE EXCEED THE LICENSE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE. EXCEPT FOR A RETURN OF THE PURCHASE PRICE UNDER THE CIRCUMSTANCES PROVIDED UNDER THE LIMITED WARRANTY, NEITHER POWERQUEST NOR ITS SUPPLIERS SHALL IN ANY EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF POWERQUEST CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 12. This License Agreement constitutes the entire agreement between you and POWERQUEST pertaining to its subject matter. This License Agreement is governed by the laws of the State of Utah. Any litigation arising from this license will be pursued only in the state or federal courts located in the State of Utah. For further information: Should you have any questions concerning this Agreement, or if you desire to contact PowerQuest Corporation for any reason, please write: PowerQuest Corporation/1083 N State Street/Orem/UT 84057. Copyright 1994-1996, PowerQuest Corporation. All rights reserved. Patents Pending. PROFESSIONAL LICENSE ADDENDUM The undersigned End User has purchased a Professional License from PowerQuest Corporation ("PowerQuest"). End User and PowerQuest acknowledge and agree as follows: 1. STANDARD SOFTWARE LICENSE. Except as specifically modified by this Addendum, all of the terms, conditions, and limitations of PowerQuest's standard Software License Agreement, a copy of which is attached hereto, apply to the use of the SOFTWARE by End User, and End User agrees to abide by the terms of the Software License Agreement. 2. POWERQUEST SOFTWARE. This Agreement expands End User's rights with respect to SOFTWARE that is owned by PowerQuest. As used in this Addendum, the term "POWERQUEST SOFTWARE" means all of the SOFTWARE licensed to End User under the standard Software License Agreement that is owned by PowerQuest. 3. NUMBER OF COMPUTERS LICENSED. End User is authorized to use the POWERQUEST SOFTWARE on an unlimited number of computers, but only on one computer at a time. If the POWERQUEST SOFTWARE is made available on a network, it may be accessed by only one CPU at a time. (If the POWERQUEST SOFTWARE will be accessed by more than one CPU at a time, additional licenses must be purchased.) If the POWERQUEST SOFTWARE is installed on one computer, it may not be installed on a second computer, except on a temporary basis as provided in Paragraph 4. 4. TEMPORARY INSTALLATION ON SECOND COMPUTER. The POWERQUEST SOFTWARE may be installed on a second computer on a temporary basis for the purpose of performing a specific task, if the task is performed by End User and all copies of the POWERQUEST SOFTWARE are removed from the second computer immediately upon completion of the task. The POWERQUEST SOFTWARE installed on the original computer may not be used while it remains installed on the second computer. 5. NUMBER OF COPIES LICENSED. End User is authorized to use a single copy of the POWERQUEST SOFTWARE only, except as necessary for a temporary installation as provided in Paragraph 4. 6. PERSONAL LICENSE. End User may not transfer the POWERQUEST SOFTWARE or assign this license to any person or entity without PowerQuest's prior consent, but such consent will not be unreasonably withheld. Use of the POWERQUEST SOFTWARE for providing services to other persons or entities shall not be considered a transfer or assignment, and such use by End User is authorized under this Addendum. Any transferee or assignee shall be required, as a condition of the transfer or assignment, to accept wholly the terms and conditions of this license. Any transfer or assignment must include all Updates and all accessible prior versions of the POWERQUEST SOFTWARE. All copies must be transferred to the same party, or End User must destroy those copies not transferred. 7. THIRD PARTY SOFTWARE. The standard Software License Agreement may grant certain rights with respect to software that is not owned by PowerQuest. This Addendum does not alter or modify any such rights, and no additional rights granted under this Addendum shall apply to any software that is not owned by PowerQuest. Without limiting the generality of the foregoing, End User shall have no rights with respect to the following applications included on the CD or disk media provided with this Addendum, except as provided in the standard Software License Agreement: Boot Manager Uninstaller For further information: Should you have any questions concerning this Agreement, or if you desire to contact PowerQuest Corporation for any reason, please write: PowerQuest Corporation/1083 North State Street/Orem/UT 84057. Copyright 1994-96, PowerQuest Corporation. All rights reserved. Patents Pending.