IMPORTANT: Read this before using your NOT FOR RESALE copy of PowerQuest« Drive Image(TM) Professional.
PowerQuest Corporation Software License Agreement
This document is a legal agreement between you, the "end user," and PowerQuest Corporation. This Drive Image Professional License Agreement ("License") supercedes the Standard License Agreement found in the Drive Image and PartitionMagic User Guides. Use of the enclosed software indicates your acceptance of these terms. As used in this License Agreement, the term "SOFTWARE" means the Drive Image Professional and PartitionMagic Professional software included on the CDs 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 and this License does not grant any rights in such software.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, EITHER DESTROY OR RETURN, INTACT, THE SOFTWARE PACKAGE, CONTAINING THE CDs OR DISK MEDIA, TOGETHER WITH THE OTHER COMPONENTS OF THE PRODUCT.
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. The SOFTWARE is considered in use on a computer when it is loaded into temporary memory or installed into permanent memory.
3. NOT FOR RESALE. This is a NOT FOR RESALE copy of the SOFTWARE. The SOFTWARE may be used for EVALUATION PURPOSES ONLY. The SOFTWARE may NOT be used at any time for providing fee-based services to third parties.
4. NONPERMITTED 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.
5. TERM. When you have finished evaluating the SOFTWARE, destroy or return, intact, the software package, containing the CDs or disk media, together with the other components of the product.
6. 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.
7. 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/PO Box 1911/Orem, UT 84059-1911.
8. LIMITED WARRANTY. (a) PowerQuest warrants to you, the original end user, (i) that the SOFTWARE (not including any 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 provided with 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, mis-applied, 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.
9. 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. 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.
10. 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/PO Box 1911/Orem, UT 84059-1911. U.S.A.
Copyright ⌐ 1994-1998 PowerQuest Corporation. All rights reserved. U.S. Patents 5,675,769 and 5,706,472, with other patents pending.
