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3. Ownership of Software. As Licensee, you own the media upon which the
software is recorded or fixed, but Adaptec and its licensors retain title and
ownership of the Software recorded on the original media and all subsequent
copies of the Software, regardless of the form or media in which or on which the
original and other copies may exist. This license is not a sale of the Software or
any copy.
4. Confidentiality. You agree to maintain the Software in confidence and that you
will not disclose the Software to any third party without the express written
consent of Adaptec. You further agree to take all reasonable precautions to
preclude access of unauthorized persons to the Software.
5. Term. This license is effective until January 1, 2045, unless terminated earlier.
You may terminate the license at any time by destroying the Software (including
the related documentation) together with all copies or modifications in any form.
Adaptec will have the right to terminate our license immediately if you fail to
comply with any term or condition of this Agreement. Upon any termination,
including termination by you, you must destroy the Software (including the
related documentation), together with all copies or modifications in any form.
6. Special Terms Applicable to Databases. Where a database is included with the
Software, you acknowledge that it is licensed only in connection with the use of
the Software to perform disc creation, and that the database and all data derived
therefrom must be maintained in confidence in accordance with the provisions
of Section 4. This license does not grant you any rights to distribute or disclose
such database or data.
7. Limited Warranty. Adaptec and its Licensor warrant only that the media upon
which the Software is furnished will be free from defects in material or
workmanship under normal use and service for a period of thirty (30) days from
the date of delivery to you. ADAPTEC AND ITS LICENSORS DO NOT AND
CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY
OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE
FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES ADAPTEC
AND ITS LICENSORS WILL PROVIDE FOR BREACH OF WARRANTY.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ADAPTEC AND ITS
LICENSORS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED, AS TO NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Some states do not allow the exclusion of implied warranties or
limitations on how long an implied warranty may last, so the above limitations
may not apply to you. This warranty gives you specific legal rights and you may
also have other rights which vary from state to state.
8. The entire liability of Adaptec and its licensors, and your exclusive remedy for a
breach of this warranty, shall be:
a. The replacement of any media not meeting the above limited warranty which
is returned to Adaptec; or:
iv
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