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PC World 2001 August
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license.ENU
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2000-07-20
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BEFORE CONTINUING WITH THE INSTALLATION OF THE
PROGRAM, YOU MUST READ, ACKNOWLEDGE AND ACCEPT THE
TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT
WHICH FOLLOWS. WHEN PROMPTED, PLEASE INDICATE WHETHER
YOU ACCEPT OR DO NOT ACCEPT. IF YOU DO NOT ACCEPT THE
TERMS AND CONDITIONS OF THE SOFTWARE LICENSE, PROMPTLY
RETURN THE MEDIA PACKAGE AND THE ACCOMPANYING ITEMS
(INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER
CONTAINERS) TO THE PLACE YOU OBTAINED THEM FOR A FULL
REFUND.
VERITAS SOFTWARE LICENSE
1. GRANT OF LICENSE. VERITAS Software Corporation
grants to you the right to use one copy of the
enclosed VERITAS Software Corporation software
program (the "SOFTWARE") on a single terminal
connected to a single computer. You may
not network the SOFTWARE or otherwise use it on
more than one computer at the same time.
2. COPYRIGHT. The SOFTWARE is owned by VERITAS
Software Corporation or its suppliers and is
protected by United States copyright laws and
international treaty provisions. You may either
(a) make one copy of the SOFTWARE solely for
backup or archival purposes, or (b) transfer the
SOFTWARE to a single hard disk provided you keep
the original solely for backup or archival
purposes. You may not otherwise copy the SOFTWARE,
and you may not copy the written materials
accompanying the SOFTWARE.
3. OTHER RESTRICTIONS. You may not rent or lease the
SOFTWARE, but you may transfer the SOFTWARE and
accompanying written materials 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. If the SOFTWARE is an
upgrade, any transfer must include the update and
all prior versions.
4. DUAL MEDIA SOFTWARE. If the SOFTWARE package
contains more than one form of media, such as a
3.5" diskette and a CD-ROM, then you may use only
the media appropriate for your single-user
computer. You may not use the other media on
another computer or loan, rent, lease, or transfer
them to another except as part of the permanent
transfer (as provided above) of all SOFTWARE and
written materials.
5. LIMITED WARRANTY AND REMEDY. VERITAS Software
Corporation warrants the physical media (e.g.
diskette(s) or CD-ROM) and the physical
documentation to be free of defects in materials
and workmanship for a period of 90 days from the
original purchase date. If VERITAS Software
Corporation receives notification within this
warranty period of any such defects and such
notification is determined to be correct, VERITAS
Software Corporation will replace the media or
documentation. The foregoing is your sole and
exclusive remedy for any breach of warranty by
VERITAS Software Corporation. This limited
warranty is void if the damage or defect has
resulted from accident, abuse or misapplication.
6. NO OTHER WARRANTIES. THE LIMITED WARRANTY ABOVE
IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES
FOR THE SOFTWARE AND DOCUMENTATION. VERITAS
SOFTWARE CORPORATION MAKES NO OTHER WARRANTIES,
EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL
OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT FOR
THE SOFTWARE AND DOCUMENTATION. THE PROVISIONS
ABOVE STATE VERITAS SOFTWARE CORPORATIONÆS ENTIRE
RESPONSIBILITY AND YOUR SOLE AND EXLCUSIVE REMEDY
WITH RESPECT TO ANY BREACH OF WARRANTY.
7. LIMITED LIABILITY. IN NO EVENT SHALL VERITAS
SOFTWARE CORPORATION OR ITS SUPPLIERS BE LIABLE TO
YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE
LICENSE OF, USE OF, OR INABILITY TO USE ANY
VERITAS SOFTWARE CORPORATION SOFTWARE, EVEN IF
VERITAS SOFTWARE CORPORATION HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL VERITAS SOFTWARE CORPORATIONÆS LIABILITY
EXCEED THE LICENSE FEE PAID BY YOU. THIS
LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN
THE PRICE OF THE SOFTWARE.
8. SEVERABILITY. If any provision of this Agreement
is ruled invalid, such invalidity shall not affect
the validity of the remaining portions of this
Agreement.
9. TERM. This license is effective until terminated.
You may terminate it at any time by destroying the
SOFTWARE together with all copies, modifications
and merged portions in any form. It will also
terminate upon your failure to comply with any
term or condition of this Agreement. In the event
of such termination, you agree to promptly destroy
the SOFTWARE together with all copies,
modifications and merged portions in any form.
10. MISCELLANEOUS. This is the entire Agreement
between you and VERITAS Software Corporation, and
supersedes any prior agreement, whether written
or oral, relating to the subject matter of this
Agreement. The parties disclaim the application
of the United Nations Convention on the
International Sale of Goods. This Agreement is
governed by the laws of the State of California.
You may not export or re-export the SOFTWARE or
documentation without the appropriate United
States or foreign government licenses.
U.S. GOVERNMENT RESTRICTED RIGHTS
Regarding the sale to, or use, reproduction, release,
modification, or disclosure of any SOFTWARE which is
the subject of this Agreement, by any military or
civilian agency of the United States Government,
Licensee agrees that the use of the SOFTWARE and all
related documentation is restricted in accordance with
FAR 12.212 for civilian agencies and DFARS 227.7202
for military agencies. The use of this SOFTWARE by
any Government agency is further restricted in
accordance with the terms of this Agreement, or any
modification hereof. Licensee will affix the
following legend to each SOFTWARE which is the subject
of this Agreement:
Use, duplication, reproduction, or transfer of this
commercial SOFTWARE and accompanying documentation is
restricted in accordance with FAR 12.212 and DFARS
227.7202 and by a license agreement.
Contact Legal Department,
VERITAS Software Corporation
1600 Plymouth Street
Mountain View, California 94043
phone (650) 335-8000