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- LICENSE AGREEMENT
-
- READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
- CAREFULLY BEFORE OPENING THE PACKAGE CONTAINING THE
- PROGRAM DISKETTES, THE COMPUTER SOFTWARE THEREIN, AND
- THE ACCOMPANYING USER DOCUMENTATION (THE "PROGRAM").
- THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT SOLD).
- BY OPENING THE PACKAGE CONTAINING THE PROGRAM, YOU ARE
- ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE
- AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY
- THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD PROMPTLY
- RETURN THE PACKAGE IN UNOPENED FORM, AND YOU WILL RECEIVE
- A REFUND OF YOUR MONEY. THIS LICENSE AGREEMENT REPRESENTS
- THE ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU
- AND Winternals Software LLC. (REFERRED TO AS "LICENSOR"),
- AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION,
- OR UNDERSTANDING BETWEEN THE PARTIES.
-
- 1. License Grant.
- Licensor hereby grants to you, and you accept, a nonexclusive license to
- use the Program Diskettes and the computer programs contained therein in
- machine-readable, object code form only (collectively referred to as the
- "Work"), and the accompanying User Documentation, only as authorized in
- this License Agreement. One license grants you the right to make, possess
- and use exactly one copy of NTFS for Windows 98(R), which may be used
- on exactly one machine owned, leased, or otherwise controlled by
- you. Neither use on two or more computers nor use in a local area
- network or other network is permitted without separate authorization
- and the payment of other license fees. You agree that you will not assign,
- sublicense, transfer, pledge, lease, rent, or share your rights under this
- License Agreement. You agree that you may not reverse assemble, reverse
- compile, or otherwise translate the Work.
-
- Upon loading the Work into your computer, you may retain the Program
- Diskettes for backup purposes. In addition, you may make one copy of the
- Work on a second set of diskettes or hard disk for the purpose of backup
- in the event the Program Diskettes are damaged or destroyed. You may make
- one copy of the User's Manual for backup purposes. Any such copies of the
- Work or the User's Manual shall include Licensor's copyright and other
- proprietary notices. Except as authorized under this paragraph, no copies
- of the Program or any portions thereof may be made by you or any person
- under your authority or control.
-
- The free read-only version of NTFS for Windows 98(R)
- may be freely distributed for non-commercial purposes.
- You may not request that a fee be paid for the free version
- of NTFS for Windows 98(R), and the downloaded file
- may not be modified in any way.
-
- 2. Licensor's Rights.
- You acknowledge and agree that the Work and the User's Manual are
- proprietary products of Licensor protected under U.S. copyright law. You
- further acknowledge and agree that all rights, title, and interest in and
- to the Program, including associated intellectual property rights, are and
- shall remain with Licensor. This License Agreement does not convey to you
- an interest in or to the Program, but only a limited right of use revocable
- in accordance with the terms of this License Agreement.
-
- 3. License Fees.
- The license fees paid by you are paid in consideration of the licenses
- granted under this License Agreement.
-
- 4. Term.
- This License Agreement is effective upon your opening of this package and
- shall continue until terminated. You may terminate this License Agreement
- at any time by returning the Program and all copies thereof and extracts
- therefrom to Licensor. Licensor may terminate this License Agreement upon
- the breach by you of any term hereof. Upon such termination by Licensor,
- you agree to return to Licensor the Program and all copies and portions
- thereof.
-
- 5. Limited Warranty.
- Licensor warrants, for your benefit alone, for a period of 90 days from
- the date of commencement of this License Agreement (referred to as the
- "Warranty Period") that the Program Diskettes in which the Work is
- contained are free from defects in material and workmanship. Licensor
- further warrants, for your benefit alone, that during the Warranty Period
- the Program shall operate substantially in accordance with the functional
- specifications in the User's Manual. If during the Warranty Period, a
- defect in the Program appears, you may return the Program to Licensor for
- either replacement or, if so elected by Licensor, refund of amounts paid
- by you under this License Agreement.
-
- You agree that the foregoing constitutes your sole and exclusive remedy
- for breach by Licensor of any warranties made under this Agreement.
- EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM, AND THE
- SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR
- DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,
- INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
-
- 6. Limitation of Liability.
- Licensor's cumulative liability to you or any other party for any loss
- or damages resulting from any claims, demands, or actions arising out of
- or relating to this Agreement shall not exceed the license fee paid to
- Licensor for the use of the Program. In no event shall Licensor be liable
- for any indirect, incidental, consequential, special, or exemplary damages
- or lost profits, even if Licensor has been advised of the possibility of
- such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR
- EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
- SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
-
- 7. Trademark.
- NTFS for Windows 98(R) is a trademark of Licensor. No right,
- license, or interest to such trademark is granted hereunder, and you
- agree that no such right, license, or interest shall be asserted by
- you with respect to such trademark.
-
- Windows NT(R) is a registered trademark of Microsoft Corporation.
-
- 8. Governing Law.
- The License Agreement shall be construed and governed in accordance with
- the laws of the State of Texas.
-
- 9. Costs of Litigation.
- If any action is brought by either party to this License Agreement against
- the other party regarding the subject matter hereof, the prevailing party
- shall be entitled to recover, in addition to any other relief granted,
- reasonable attorney fees and expenses of litigation.
-
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