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OWC End User License Agreement
SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE PRODUCT (“SOFTWARE”).
BY PROCEEDING WITH THE INSTALLATION OR DOWNLOADING OF THE SOFTWARE OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
- GRANT OF LICENSE: OTHER WORLD COMPUTING, INC. (“OWC”) grants to you the non-exclusive right to install and use the Software in accordance with the terms and conditions set forth in this Agreement.
- The Software may be installed on a computer or within a virtual (or otherwise emulated) computer system on a computer.
- In order for the Software to continue functioning after the initial trial period, if any, each installation of the Software requires activation through the use of the Internet or telephone utilizing a validly-obtained license key. You are authorized to activate the Software on a single computer, or on the number of computers otherwise authorized by OWC. During activation, the
specific software license key is associated with the specific computer or virtual computer system. Each virtual computer system is treated as a separate computer and requires separate activation of the Software.
- The activation technology in the Software is designed to prevent unlicensed or illegal use of the Software. You agree that OWC may use these measures and you agree to any requirements and limitations regarding such technological measures. The Software may need to be reactivated if you modify your computer hardware or operating system.
- Product activation is based on the exchange of information between your computer and OWC. No personally-identifiable information is exchanged.
- USE AND INDEMNIFICATION: You shall retain full control over the use of the Software and you assume all risks and liability for results obtained by the use of the Software. You shall indemnify, defend and hold OWC harmless from any loss, cost, damage, or expense, including attorneys’ fees, arising from any claim asserted against OWC that is in any way associated with the matters set forth here in Paragraph 2. Because some states and countries do not allow the exclusion or limitation of liability of consequential or incidental damages, the above limitations may not apply to you.
- TITLE: No title to or ownership in the Software is transferred to you. Title to all applicable rights in patents, copyrights and trade secrets in the Software shall remain with OWC and/or any third party vendors (“Vendors”) from whom OWC has acquired rights to license components of the Software. The Software provided to you hereunder is proprietary to OWC and/or Vendor, and you shall be bound by and observe the proprietary nature thereof as herein provided. EXCEPT AS EXPRESSLY AUTHORIZED IN WRITING BY OWC, YOU SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.
- TERM AND TERMINATION: The term of this License shall commence on the date of your purchase of the Software and shall continue until such time as you discontinue use of the Software, but otherwise shall be without restriction as to time. OWC shall have the right to terminate this License if you fail to comply with the License terms and conditions. Upon expiration of the License term or upon termination by reason of your default, you shall immediately return
or destroy the Software and copies thereof as directed by OWC and, if requested by OWC, to certify in writing as to the destruction or return of the Software and all copies thereof. The provisions of this License which protect the proprietary rights of OWC shall continue in force after
- COPYRIGHT: Software and all accompanying materials are owned by OWC and are protected by the United States copyright laws and international treaty provisions © 2001-2018 OTHER WORLD COMPUTING, INC. The unauthorized copying of the Software and the acquisition and/or use of unauthorized copies of the Software may be both criminal and civil offenses for which you may be liable for fines, damages and legal fees. If you attempt to use, copy or disclose any portion of the Software or any modification thereof or any of OWC’s
confidential information in a manner contrary to the terms of this License, OWC shall have the right, in addition to other legal remedies, to injunctive relief enjoining such acts without the posting of a bond.
- OTHER RESTRICTIONS: You may not rent or lease the Software to others, but you may transfer the Software and all accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the Software. If the Software has been updated, any transfer must include all versions.
- PATENT AND COPYRIGHT INDEMNIFICATION: OWC shall defend any action, suit, or proceeding brought against you so far as it is based on a claim that the Software delivered hereunder infringes any United States patent or copyright, provided that you promptly notify OWC of the action and you give full authority, information and assistance for the defense of the action. OWC shall pay all damages and costs awarded therein against you, but shall not be responsible for any compromise made without its consent. OWC may, at its option and expense, replace or modify the Software so that infringement will not exist or refund to you the price thereof as depreciated or amortized by an equal amount over the lifetime of the Software as established by OWC. OWC’s commitment shall not extend to any infringement or claim thereof which is based upon the combination of the Software delivered hereunder with software not supplied by OWC.
- LIMITED WARRANTY: OWC warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of purchase under normal use. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to you as the original licensee. Your exclusive remedy and the entire liability of OWC and its suppliers under this limited warranty will be, at OWC or its service center’s option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to you along with a copy of your proof of purchase. Outside the United States, these remedies are not available without proof of purchase from an authorized non-U.S. source. In no event does OWC warrant that the Software is error free or that you will be able to operate the Software without problems or interruptions.
This warranty does not apply if the Software (a) has been altered, except by OWC, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by OWC, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultrahazardous activities.
- DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. Some states and countries do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
- LIMITATION OF LIABILITY: IN NO EVENT WILL OWC OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF OWC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall OWC’s or its suppliers’ liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
- U.S. GOVERNMENT RESTRICTED RIGHTS: 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. The manufacturer is OWC, Inc., 8 Galaxy Way, Woodstock, IL 60098.
- SUCCESSORS, ASSIGNMENT: This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns. You shall not assign or sublicense your rights or obligations under this Agreement except as provided herein.
- COMPLETE AGREEMENT: This Agreement constitutes the entire agreement between OWC and you relative to this License. Any change hereto shall be effective only if in writing and signed by both a duly authorized agent of OWC and you.
- SEVERABILITY: If any provision or portion thereof of this License is held to be invalid, void or unenforceable, the remaining provisions of this License shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH.
- EXPORT OR REEXPORT: Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply strictly with all such regulations and acknowledge that you have the sole responsibility to obtain licenses to export, re-export, or import Software.
- GOVERNING LAW: This Agreement is governed by the laws of the State of Illinois as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Software.