Seagate ironwolf PRO ST8000NE0021 Product Manual page 20

Capacity; Legal Rights; Indemnity.
You represent to SRS that you are of the legal age of majority in your state or country of residence, with the full capacity to agree to
these Program Terms. You warrant that you are the legal owner or the authorized representative of the legal owner of the device you
submit to SRS (the "Device") and data. You warrant that the data on the Device is legal and that you have the unrestricted legal right
to (a) give us remote access to the data, (b) have the data recovered and reproduced on a backup medium, (c) receive the recovered
data, and (d) agree to these Program Terms. You will defend and indemnify us (including our directors, officers, employees, agents,
delegates, and contractors) from any claims or actions relating to the Device or data, or your rights or lack of rights thereto.
Confidentiality.
We will protect the confidentiality of your data against unauthorized disclosure using the same degree of care as we use to protect
our own confidential information.
Disclaimer of Warranties, Representations and Guarantees.
WE PROVIDE THE PROGRAM AND ANY SERVICES PROVIDED OR ATTEMPTED HEREUNDER "AS IS," WITH ALL FAULTS, AT YOUR
SOLE RISK. WE DO NOT EXTEND ANY EXPRESS WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES REGARDING
OUR RESCUE SERVICES OR ANY RESULTS THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND
SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, WE EXPRESSLY DISCLAIM ALL IMPLIED
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE, OR WARRANTY OF ACCURACY OR COMPLETENESS WITH RESPECT TO THIS PROGRAM AND SERVICES.
This Program and Disclaimer is unrelated to, and does not affect any warranties relating to your Device that we or the seller may have
extended to you.
Limitation of Liability.
WE WILL NOT BE LIABLE FOR ANY HARM CAUSED, UNLESS YOU PROVE THAT WE CAUSED SUCH HARM INTENTIONALLY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE WILL NOT BE LIABLE FOR THE CONDITION, EXISTENCE, OR
LOSS OF THE DATA YOU SEND US OR THE DATA WE RECOVER (IF ANY), ANY LOSS OF REVENUE OR LOSS OF PROFITS, OR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THIS LIMITATION SHALL APPLY TO ANY AND ALL DAMAGES, REGARDLESS OF THE LEGAL THEORY ON
WHICH THEY ARE ASSERTED (INCLUDING, WITHOUT LIMITATION, CONTRACT, BREACH OF CONTRACT, AND TORT), AND
REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES - UNLESS YOU PROVE THAT
SRS CAUSED DAMAGES TO YOU INTENTIONALLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AMOUNT
OF OUR LIABILITY WILL NOT EXCEED THE TOTAL PRICE YOU ACTUALLY PAY FOR THE DEVICE, THE ESSENTIAL PURPOSE OF
WHICH IS TO LIMIT OUR LIABILITY ARISING FROM OR RELATED TO THE PROGRAM AND ANY DATA RECOVERY SERVICES.
THIS ALLOCATION OF RISK IS REFLECTED IN THE PRICE CHARGED FOR THIS PROGRAM OR SERVICES, IF ANY. YOU
ACKNOWLEDGE THAT THE PRICE OF THIS PROGRAM WOULD BE MUCH GREATER IF WE UNDERTOOK MORE EXTENSIVE
LIABILITY. THIS PARAGRAPH WILL APPLY NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, OR THE FAILURE OF
ANY REMEDY.
Compliance with Laws.
You agree to comply with all such laws and regulations and all other applicable laws, statutes, ordinances and regulations relating to
the Program. You acknowledge that violations of these Program Terms could subject you to criminal or civil penalties. The goods
licensed or provided, or services provided, through the Program, which may include technology and software, are subject to the
customs and export control laws and regulations of the U.S. and may also be subject to the customs and export laws and regulations
of the country in which the products are manufactured or received. Further, under U.S. law, such goods may not be sold, leased or
otherwise transferred to restricted countries, or used by a restricted end-user or an end-user engaged in activities related to
weapons of mass destruction including, without limitation, activities related to designing, developing, producing or using nuclear
weapons, materials, or facilities, missiles or supporting missile projects, or chemical or biological weapons. You acknowledge you are
not a restricted end-user or involved in any of the restricted activities above, and that you will comply with and abide by these laws
and regulations. Seagate reserves the right to refuse service to or the return of any storage devices that have been determined to
violate these regulations.
Cancellation.
You may cancel the Program at any time by contacting SRS at 1-800-SEAGATE (1-800-475-0143) in the US, or at such other number
available at http://www.seagate.com/services-software/recover/resources/, or you simply may refrain from submitting a request for
Rescue services. These Program Terms remain applicable to your and SRS's rights and obligations with respect to any services
requested by you under this Program.
Assignment.
You may not assign your rights or obligations under these Program Terms without SRS' express written consent.
Seagate IronWolf Pro v6 Serial ATA Product Manual, Rev. B (Draft 4) 19