Power Computing PowerCenter PRO User Manual page 196

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 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
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO
NINETY (90) DAYS FROM THE DATE OF THE ORIGINAL RETAIL PURCHASE OF THIS PRODUCT. The
warranty and remedies set forth above are exclusive and in lieu of all others, oral or written, expressed or
implied. No FWB dealer, representative, agent, or employee is authorized to make any modification, exten-
sion, or addition to this warranty.
Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of
implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion
may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that
vary from state to state.
11.Government End-Users. If you are a United States Government end-user, this license of the Software con-
veys only "RESTRICTED RIGHTS," and its use, disclosure, and duplication are subject to DFARS 52.227-
7013. This Software was developed at private expense, and no part of it was developed with government
funds. The Software is a trade secret of FWB for all purposes of the Freedom of Information act, and is "com-
mercial computer software" subject to limited utilization as provided in the contract between the vendor
and the governmental entity, and in all respects is proprietary data belonging solely to FWB. Government
personnel using the Software, other than under a DOD contract or GSA Schedule, are hereby on notice that
the use of this Software is subject to restrictions that are the same as, or similar to, those specified above.
12.General. This license will be construed under the laws of the state of California, except for that body of law
dealing with conflicts of laws, if obtained in the United States, or the laws of jurisdiction where obtained if
obtained outside the United States. If any provision of this license is held by a court of competent jurisdic-
tion to be contrary to law, that provision will be enforced to the maximum extent permissible, and the
remaining provisions of this license will remain in full force and effect.
13.Complete Agreement. This license constitutes the entire agreement between the parties with respect to the
use of the Software and related documentation, and supersedes all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter.
Trademarks
CD-ROM ToolKit, CDT, CDT Remote, and the FWB Software logo are trademarks FWB Software, LLC. FWB is
a registered trademark of FWB Software, LLC.
Apple, AppleShare, Finder, MultiFinder, and Macintosh are registered trademarks of Apple Computer, Inc.
All other brand and product names are trademarks or registered trademarks of their respective holders.
Credits
This manual is based on the CD-ROM Toolkit User Guide, written by Joan Carter, with valuable assistance
from Barry Twycross.
The original CD-ROM ToolKit application was written by James Merkle. This version was substantially revised
by Barry Twycross and Mike Duigou.