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- WESTERN DIGITAL CORPORATION LICENSE AGREEMENT AND WARRANTY DISCLAIMER
-
- NOTICE: By accepting this License Agreement and/or by installing,
- using or copying the Licensed Software, You are becoming a party to,
- indicating Your consent to, and agreeing to be bound by the terms
- of this License Agreement, without modification. If You do not
- understand and accept all of the following terms and conditions or
- You respond "NO" or give any other response that indicates you do not
- accept this License Agreement, then You must not install, use, or
- copy the Licensed Software.
-
- 1. DEFINITIONS.
-
- (a) "Agreement" and/or "License Agreement" shall mean this License
- Agreement and any and all documents incorporated by reference; (b)
- "You" and/or "Your" shall mean the individual or legal entity
- exercising rights under, and complying with all of the terms of this
- Agreement; (c) "Licensed Software" shall mean Western Digital
- Corporation's technology, which includes computer software and may
- include associated media, printed materials, and "online" or
- electronic documentation; (d) "Western Digital Corporation" shall mean
- Western Digital Corporation and its subsidiaries, affiliates,
- licensees and agents, and (e) "live update" shall mean the automatic
- updating of Western Digital Corporation's technology or the technology
- of its affiliate partners on your computer.
-
- 2. LICENSE GRANT.
-
- Subject to the terms of this Agreement, Western Digital Corporation
- hereby grants You a non-exclusive and non-transferable license to
- reproduce and use for personal or internal purposes the Licensed
- Software, provided that any and all copies made must contain all of
- the original and unmodified proprietary notices, including, but not
- limited to, this License Agreement.
-
- 3. RESTRICTIONS.
-
- You acknowledge and agree that You shall not (a) modify or create any
- derivative works of the Licensed Software or documentation; (b)
- attempt to disable the Licensed Software by any means or in any
- manner; (c) attempt to decompile, disassemble, reverse engineer, or
- otherwise attempt to derive the source code for the Licensed Software
- (except to the extent applicable laws specifically prohibit such
- restriction); (d) redistribute, encumber, sell, rent, lease,
- sublicense, or otherwise transfer or disclose the Licensed Software to
- any third-party; or (e) remove or alter any trademark, logo, copyright
- or other proprietary notices, legends, symbols or labels in the
- Licensed Software.
-
- 4. TITLE.
-
- Title, ownership, rights. and intellectual property rights in and to
- the Licensed Software shall remain in Western Digital Corporation
- and/or its suppliers. The Licensed Software is protected by the
- copyright laws of the United States and international copyright
- treaties. Title, ownership rights and intellectual property rights in
- and to the content accessed through the Licensed Software including
- any content contained in the Licensed Software media demonstration
- files is the property of the applicable content owner and may be
- protected by applicable copyright or other law. This license gives you
- no rights to such content.
-
- 5. DISCLAIMER OF WARRANTY.
-
- THE LICENSED SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WESTERN DIGITAL
- CORPORATION FURTHER DISCLAIMS ALL WARRANTIES. INCLUDING WITHOUT
- LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY. FITNESS FOR A
- PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT
- OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS
- WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
- EVENT SHALL WESTERN DIGITAL CORPORATION OR ITS SUPPLIERS BE LIABLE FOR
- ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
- OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION. DAMAGES FOR
- LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
- INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR
- THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF WESTERN
- DIGITAL CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
- OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
- THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
-
- 6. TERMINATION.
-
- This license shall terminate automatically if you fail to comply with
- the limitations described in this Agreement. No notice shall be
- required from Western Digital Corporation to effectuate such
- termination. On termination you must destroy all copies of the
- Licensed Software.
-
- 7. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS.
-
- The Licensed Software is provided with RESTRICTED RIGHTS. Use,
- duplication, or disclosure by the Government is subject to
- restrictions as set forth in subparagraph (c)(I)(ii) of The Rights in
- Technical Data and Computer Software clause of DFARS 252.227- 7013 or
- subparagraphs (c)(i) and (2)of the Commercial Computer
- Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
- Manufacturer is Western Digital Corporation, 8105 Irvine Center Dr.,
- Irvine, CA 92618. You acknowledge that none of the Licensed Software
- or underlying information or technology may be downloaded or otherwise
- exported or re-exported into (or to a national or resident of) Angola,
- Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other
- country to which the U.S. has embargoed goods; or anyone on the U.S.
- Treasury Department's list of Specially Designated Nationals or the
- U.S. Commerce Department's Table of Denial Orders. By using the
- Licensed Software, you are agreeing to the foregoing, and are
- representing and warranting that you are not located in or under the
- control of a national or resident of any such country or on any such
- list.
-
- 8. MISCELLANEOUS.
-
- (a) This Agreement constitutes the entire agreement between the
- parties concerning the subject matter hereof; (b) This Agreement may
- be amended only by a writing signed by both parties; (c) This License
- Agreement shall be governed by the laws of the State of California,
- without regard to conflicts of law provisions, and you consent to the
- exclusive jurisdiction of the state and federal courts sitting in the
- State of California; (d) Unless otherwise agreed in writing, all
- disputes relating to this Agreement (excepting any dispute relating to
- intellectual property rights) shall be subject to final and binding
- arbitration in Orange County, California, under the auspices of
- JAMS/Endispute, with the losing party paying all costs of arbitration.
- Either party may seek any interim or preliminary relief from a court
- of competent jurisdiction in Orange County, California necessary to
- protect the rights or property of that party pending the completion of
- arbitration; (e) This Agreement shall not be governed by the United
- Nations Convention on Contracts for the International Sale of Goods;
- (f) If any provision in this Agreement should be held illegal or
- unenforceable by a court having jurisdiction, such provision shall be
- modified to the extent necessary to render it enforceable without
- losing its intent or severed from this Agreement if no such
- modification is possible, and other provisions of this Agreement shall
- remain in full force and effect; (g) A waiver by either patty of any
- term or condition of this Agreement or any breach thereof, in any one
- instance, shall not waive such term or condition or any subsequent
- breach thereof; (h) The provisions of this Agreement that require or
- contemplate performance after the expiration or termination of this
- Agreement shall be enforceable notwithstanding said expiration or
- termination; (i) You may not assign or otherwise transfer by operation
- of law or otherwise this Agreement or any rights or obligations herein
- except in the case of a merger or the sale of all or substantially all
- of Your assets to another entity: (j) This Agreement shall be binding
- upon and shall inure to the benefit of the parties, their successors.
- and assigns; (k) Neither party shall be in default or be liable for
- any delay, failure in performance (excepting the obligation to pay),
- or interruption of service resulting directly or indirectly from any
- cause beyond its reasonable control, and; (1) If any dispute arises
- under this Agreement, the prevailing party shall be reimbursed by the
- other party for any and all legal fees and costs associated therewith.
-
-
- IF YOU ACCEPT the terms of this Agreement: I acknowledge and
- understand that by ACCEPTING the terms of this Agreement, I am
- agreeing to be bound by the terms, conditions, and limitations of this
- Agreement.
-
- IF YOU DO NOT ACCEPT the terms of this Agreement. I acknowledge and
- understand that by refusing to accept these terms, I have rejected
- this license agreement and therefore have no legal right to install,
- use, or copy the Licensed Software.
-