Power Computing PowerCenter PRO User Manual page 151

End-User Software License Agreement
DO NOT USE THIS SOFTWARE UNTIL YOU HAVE CAREFULLY READ THIS AGREEMENT AND AGREE
TO THE TERMS OF THIS LICENSE. BY USING THE ENCLOSED SOFTWARE, YOU ARE AGREEING TO
THE TERMS OF THIS LICENSE.
The software license agreement for this program is included in this manual so you can read it before installing
the program. INSTALLING THE PROGRAM OR USE OF THE MATERIALS ENCLOSED WILL CONSTITUTE
YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT.
If you do not agree to the terms of this software license agreement, do not install the software and promptly
return the package to the place of purchase for a full refund of all money that you paid for the product.
In return for purchasing a license to use the computer programs, known as Hard Disk ToolKit•Personal Edition
(Software) contained in this package, and for purchasing documentation included in this package, you agree to
the following terms and conditions:
1. License. The Software enclosed is licensed, not sold, to you by FWB Software, LLC (FWB) for use under the
terms of this software license. This non-exclusive license allows you to:
i. Use the Software only on a SINGLE computer at any one time. You may only use the software on one
CPU and only on drives physically connected to that single CPU.
ii. Only use the software to optimize or otherwise control disk drives that are connected to a SINGLE com-
puter that is used by you.
iii. Make one copy of Software in machine readable form, provided that such copy is used only for backup
purposes and the FWB copyright notice is reproduced on the backup copy.
iv. Transfer Software and all rights under this license to another party together with a copy of this license
and all documentation accompanying the Software, provided the other party agrees to accept the terms
and conditions of this license.
As a licensee, you own the magnetic media on which the Software is originally recorded. The Software is
copyrighted by FWB and proprietary to FWB, and FWB retains title and ownership of the Software, and all
copies of the Software. This license is not a sale of Software or any copy. You agree to hold Software in confi-
dence and to take all reasonable steps to prevent disclosure.
2. Restrictions. You may NOT distribute copies of this Software to others or electronically transfer Software
from one computer to another over a network, or via modem. The Software contains trade secrets that are
wholly owned by FWB Software, LLC. You may NOT decompile, reverse engineer, translate, disassemble, or
otherwise reduce Software to a human understandable format. YOU MAY NOT MODIFY, ADAPT, TRANS-
LATE, RENT, LEASE, RESELL FOR PROFIT, DISTRIBUTE, NETWORK, OR CREATE DERIVATIVE WORKS
BASED UPON THIS SOFTWARE OR ANY PART THEREOF.
3. Termination. This license is effective until terminated. This license will terminate immediately without any
notice from FWB if you fail to comply with any of its provisions. Upon termination you must destroy the
Software and all copies thereof. You may terminate this license at any time by destroying the Software and
all copies thereof.
4. Export Law Assurances. You agree and certify that neither the Software nor the documentation will be trans-
ferred or re-exported, directly or indirectly, into any country where such transfer or export is prohibited by
the United States Export Administration Act and regulations thereunder or will be used for any purpose pro-
hibited by the Act. You also agree that neither the Software nor any technical data received from FWB, nor
the direct product thereof will be exported outside the United States except as authorized in advance by FWB,
in writing, and as permitted by the laws of the United States.
5. Warranty Disclaimer, Limitation of Damages and Remedies. FWB Software, Inc. (FWB) makes no warranty or
representation, either expressed or implied, regarding the merchantability, quality, functionality, perfor-
mance, or fitness of either the diskette, manual, or the information provided on it. This software and manual
are licensed "AS IS." It is solely the responsibility of the consumer to determine the software's suitability for
a particular purpose or use.
FWB and anyone else who has been involved in the creation, production, delivery, or support of the software,
will in no event be liable for direct, indirect, special, consequential, or incidental damages resulting from any
defect, error, or omission in the diskette, manual, or software or from any other events including, but not
limited to, any interruption of service, loss of business, loss of profits or good will, legal action or any other
consequential damages. The user assumes all responsibility arising from the use of this software. FWB's lia-
bility for damages to you or others will in no event exceed the total amount paid by you for this software. In
particular, FWB shall have no liability for any data or programs stored by or used with FWB's software,
including the costs of recovering such data or programs. FWB will be neither responsible nor liable for any
illegal use of its software. FWB reserves the right to make corrections or improvements to the information
provided and to the related software and hardware at any time, without notice.
FWB will replace or repair defective distribution media or documentation at no charge, provided you return
the item to be replaced with proof of purchase to FWB during the 90-day period after purchase. ALL IMPLIED
WARRANTIES ON THE MEDIA AND DOCUMENTATION, INCLUDING IMPLIED WARRANTIES OF