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LICENSE.TXT
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1996-11-14
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If you do not accept the terms of this License Agreement, you should not continue with the
Installation. In order to continue with the Installation, close the License Agreement window.
This can be accomplished by double clicking on the icon in the top left corner of the License
Agreement window.
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.
If you do not accept the terms of this License Agreement, you should not continue with the
Installation. In order to continue with the Installation, close the License Agreement window.
This can be accomplished by double clicking on the icon in the top left corner of the License
Agreement window.