Maxtor OneTouch User Manual page 81

systems in which a malfunction (including, without limitation,
software related delay or failure) would result in foreseeable risk of
injury or death to the operator of the device or system, or to others.
If EC law is applicable, the restrictions in Section 4(i) are limited so
that they prohibit such activity only to the maximum extent such
activity may be prohibited without violating the EC Directive on the
Legal Protection of Computer Programs. Notwithstanding the
foregoing, prior to any such legally excused decompiling,
disassembly or reverse engineering of the Software, you must first
issue a written request to Maxtor for information or assistance and
you shall refrain from decompiling, disassembly, or otherwise
reverse engineering any of the Software unless Maxtor cannot, or
fails, to comply with such request within a commercially reasonable
period of time.
5. Transfer. Your license will automatically terminate upon any transfer
of the Software. Upon transfer, you must cease all use and deliver
the Software, including any copies and related documentation, to the
transferee. The transferee must accept and be bound by this License
as a condition of the transfer.
6. Third Party Software. The media containing the Software includes
third software products ("Third Party Software") which require that
you enter into a separate license agreement with the publisher of
such software in conjunction with your original installation. You
understand that your use of the Third Party Software is governed by
the terms of that end user license agreement and not by this License,
and you agree to abide by that third party license agreement.
7. Termination. Maxtor may terminate your license upon notice of
failure to comply with any of the terms of this License. Upon
termination, you must immediately destroy the Software, together
with all copies thereof. The disclaimers in Sections 8 and 9 and the
provisions of Sections 6, 10, 11 and 12 shall survive any termination.
8. Limited Warranty. Maxtor warrants for a period of ninety (90) days
after the date of delivery of the Software to you that the media on
which the Software is distributed will be free from damage or
physical defects at the time of first distribution to you. If the
damaged or defective media is returned to Maxtor (postage
prepaid) within ninety (90) days from the date of delivery of the
Software to you, then Maxtor will provide you with a replacement
copy at no cost. Your sole and exclusive remedy in the event of
breach of this warranty will be that Maxtor will, at its option, replace
any defective media returned to Maxtor within the warranty period
or refund the money you paid attributable to the Software. Except
for the foregoing, Maxtor is licensing the Software to you "as is."
Neither Maxtor nor its suppliers warrant that the Software will
meet your requirements or that the operation of the Software will
be uninterrupted or that the Software will be error-free or virus-free.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MAXTOR
MAKES NO WARRANTY, CONDITION OR OTHER CONTRACTUAL
TERM WHATSOEVER WITH RESPECT TO THE SOFTWARE AND
HEREBY DISCLAIMS TO THE MAXIMUM PERMITTED BY LAW
ANY AND ALL OTHER WARRANTIES OR CONDITIONS,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR
CONDITION OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD
PARTY RIGHTS. Some jurisdictions do not allow the exclusion of
implied warranties or limitations on how long an implied warranty
may last, so the above limitations may not be applicable to you.
This limited warranty provides specific legal rights. Other rights
may vary from jurisdiction to jurisdiction.
Software License Agreement
English
77