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POWERQUEST
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PQ DataGone 2.4
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LICENSE.TXT
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2000-07-27
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PowerQuest Computer-Specific License Agreement
IMPORTANT: Read this before using your copy of PowerQuest software.
This document is a legal agreement between you (an individual or
business) and PowerQuest Corporation (PowerQuest). Use of the
enclosed software indicates your acceptance of these terms. As
used in this License Agreement, the term "Software" means the
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 SOFTWARE PACKAGE, CONTAINING THE CD OR DISK
MEDIA, TOGETHER WITH THE OTHER COMPONENTS OF THE PRODUCT TO THE
PLACE OF PURCHASE FOR A REFUND OF THE PURCHASE PRICE.
1. PROPRIETARY RIGHTS. The Software and any accompanying
documentation are the proprietary products of PowerQuest or its
licensors and are protected under national laws and international
treaty provisions. Ownership of the Software and all copies,
modifications, translations, 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. This
License may not be assigned or otherwise transferred without prior
written consent from PowerQuest, and any unauthorized transfer is
null and void.
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.
COMPUTER-SPECIFIC LICENSE. Each permitted copy of the Software may
be used only in connection with hard drives that are permanently
connected to 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. If the Software is made available on a
network, it may be accessed only by ONE specific computer. Once
the Software has been accessed by ONE specific computer it may not
be used on any additional computers without purchasing additional
licenses.
NUMBER OF COPIES LICENSED. If you have not purchased a license that
authorizes use of the Software on multiple computers or by multiple
individuals, then you are authorized to use ONLY a single copy of
the Software on a single computer. Only ONE copy of the Software
may be created for archival or backup purposes. All copies of the
Software must include the PowerQuest copyright notice and other
legal notices.
UPDATES AND SUPPORT. You are entitled to receive complimentary
technical support as outlined in the Software documentation. You
are entitled to receive Software updates (updates are indicated by
version number changes to the right side of the decimal) in
accordance with PowerQuest policies as announced from time to time
on terms comparable to those offered to other users of the Software
under the single-user license.
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.
3. NONPERMITTED USES. Without the express prior written 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.
4. 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.
5. 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/P.O. Box 1911/Orem, UT 84059-1911/U.S.A.
6. 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 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, NON-INFRINGEMENT, 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 or complete
the electronic registration included with the Software 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 an
event.
7. 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.
8. RELEASE OF LIABILITY. You acknowledge that the use of Software may
pose certain inherent and unavoidable risks, including without
limitation, the permanent loss of data and/or other information stored
on your computer systems. WITH FULL AWARENESS AND VOLUNTARY ASSUMPTION
OF ALL SUCH RISKS, AND IN CONSIDERATION OF THE SOFTWARE, YOU HEREBY
AGREE TO FULLY AND FOREVER RELEASE, HOLD HARMLESS, INDEMNIFY, AND
PROMISE NOT TO SUE POWERQUEST AND ITS AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS FOR, FROM, AND AGAINST ANY AND ALL CLAIMS,
DAMAGES, LOSSES, DEMANDS, CAUSES OF ACTION, LIABILITIES, HARMS, OR
INJURIES (COLLECTIVELY REFERRED TO HEREIN AS "DAMAGES") WHICH IT MAY
INCUR OR SUFFER AS A DIRECT OR INDIRECT RESULT OF THE SOFTWARE,
REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
9. NO WAIVER. Any failure by either party to this agreement to enforce
a specific part of the agreement in a specific situation is not a waiver
of rights under the agreement. The party may still enforce the rest of
the agreement in that situation and may still enforce some or all of the
agreement in other situations.
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. Even if part of the agreement is held
invalid, the rest of the agreement is still valid, binding and
enforceable.
Should you have any questions concerning this Agreement, or if you
desire to contact PowerQuest Corporation for any reason, please
write: PowerQuest Corporation/P.O. Box 1911/Orem, UT 84059-1911/U.S.A.
Copyright 1998-2000, PowerQuest Corporation. All rights reserved.
Patents pending. PowerQuest is a registered trademark of PowerQuest
Corporation.