for WINDOWS(R) 95/WINDOWS(R) 98/WINDOWS(R) MILLENNIUM EDITION (Me)/WINDOWS NT(R) WORKSTATION/WINDOWS(R) 2000 PROFESSIONAL
IMPORTANT-READ CAREFULLY BEFORE OPENING SOFTWARE PACKET(S).
The following License Agreement for one Licensed copy applies to you. By opening
the sealed packet(s) containing the software, you indicate your acceptance of
the following Software License Agreement.
This is a legal agreement between you (either an individual or an entity) and
Executive Software International, Inc., a California corporation ("ESI"). By
opening the sealed software packages and/or by using ESI's DISKEEPER for WINDOWS
95/WINDOWS 98/WINDOWS Me/WINDOWS NT Workstation/WINDOWS 2000 PROFESSIONAL software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the disk package and accompanying items (including printed materials and binders or other containers) to the place you obtained them for a full refund.
1. GRANT OF LICENSE-This Software License Agreement ("License") permits you to
use one copy of ESI's DISKEEPER for WINDOWS 95/WINDOWS 98/WINDOWS Me/WINDOWS NT Workstation/WINDOWS 2000 PROFESSIONAL software and ESI's associated user documentation ("Software") on one workstation or personal computer running Microsoft WINDOWS 95/WINDOWS 98/WINDOWS Me/WINDOWS NT Workstation/WINDOWS 2000 Professional. With respect to a network, Licenses must be obtained for each computer, including the server. If you have multiple Licenses for the Software, then at any time you may have as many copies of the Software in use as you have Licenses. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use."
2. COPYRIGHT-The Software is owned by ESI or its suppliers and is protected by
United States copyright laws and international treaty provisions. Therefore, you
must treat the Software like any other copyrighted material (e.g., a book or
musical recording) except that you may either (a) make one copy of the Software
solely for back up or archival purposes, or (b) transfer the Software to a
single hard disk provided you keep the original solely for back up or archival
purposes. You may not copy the user documentation provided with the Software,
except for your own authorized use.
3. OTHER RESTRICTIONS-This License is your proof of license to exercise the
rights granted herein and must be retained by you. You may not rent or lease the
Software, but you may transfer the Software and user documentation on a
permanent basis provided you retain no copies and the recipient agrees to the
terms of this Agreement. You may not reverse engineer, decompile, or disassemble
the Software, except to the extent that the foregoing restriction is expressly
prohibited by applicable law. If the Software is an update or has been updated,
any transfer must include the most recent update and all prior versions.
4. LIMITED WARRANTY-ESI warrants that (a) the Software will perform
substantially in accordance with the user documentation for a period of ninety
(90) days from the date of receipt. Any implied warranties on the Software are
limited to ninety (90) days. Some states/jurisdictions do not allow limitations
on duration on an implied warranty, so the above limitation may not apply to
you. This limited warranty is void if failure of the Software has resulted from
accident, abuse or misapplication.
5. CUSTOMER REMEDIES-ESI's and its suppliers' entire liability and your
exclusive remedy shall be, at ESI's option, either (a) return of the price paid,
or (b) replacement of the Software that does not meet ESI's limited warranty and
which is returned to ESI with a copy of your receipt. This limited warranty is
void if failure of the Software has resulted from accident, abuse, or
misapplication. Any replacement Software will be warranted for the remainder of
the original warranty period or thirty (30) days, whichever is longer. Outside
the United States, neither these remedies nor any product support services
offered by ESI are available without proof of purchase from an authorized non-
U.S. source.
6. NO OTHER WARRANTIES-ESI DOES NOT WARRANT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL
BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ESI AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE
SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES-TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL ESI OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE ESI PRODUCT, EVEN IF ESI
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT RESTRICTED RIGHTS-The Software and documentation are
provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of
the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013
or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Executive Software
International, Inc., 701 N. Brand Boulevard, 6th Floor, Glendale, CA 91203-
1242.
9. CALIFORNIA LAW-This Agreement is governed by the laws of the State of
California. Should any of the provisions of this License be declared invalid by
any court of competent jurisdiction, the balance of the License will remain in
full force and effect.
Should you have any questions concerning this Agreement, or if you desire to
contact ESI for any reason, please contact your supplier or: Executive Software
International, 701 North Brand Boulevard, 6th Floor, Glendale, California 91203-
1242, (818) 547-2050.
(c) 2000 Executive Software International, Inc. All Rights Reserved.
DISKEEPER(R) and EXECUTIVE SOFTWARE(R) are either registered trademarks or trademarks of Executive Software International, Inc. in the United States and other countries.
WINDOWS(R) WINDOWS NT(R) are either registered trademarks or trademarks of Microsoft(R) Corporation in the United States and/or other countries.
SOFTWARE LICENSE AGREEMENT.
Executive Software is an Affirmative Action Employer
