IMPORTANT NOTICE. Read this License Agreement carefully before downloading or using this Software. BY DOWNLOADING OR USING THIS SOFTWARE IN ANY WAY YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THIS SOFTWARE, DO NOT USE THIS SOFTWARE IN ANY WAY, AND PROMPTLY RETURN IT TO YOUR PLACE OF PURCHASE OR DELETE OR DESTROY ANY COPIES OF THIS SOFTWARE IN YOUR POSSESSION.
LICENSE GRANT. Seagate Technology LLC ('SEAGATE') and its suppliers grant you a non-exclusive license to use this software, and any associated documentation ("Software") as indicated herein. The Software is designed and licensed for the installation and use of one copy of the Software on a single computer at any one time. The Software is in "use" on a single computer when it has been loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage device) of that computer.
OTHER RESTRICTIONS. You shall not: (a) remove any product identification, copyright notices, or other notices or proprietary restrictions from this Software; (b) sell, lease, rent, transfer, copy or distribute this Software; (c) cause or permit reverse engineering, disassembly, decompilation or alteration of this Software except to the extent such restriction is expressly prohibited by applicable law.
TERM. This License is effective until terminated. You may terminate it at any time by destroying the Software, together with all copies thereof. This license will also terminate if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the Software, together with all copies thereof.
COPYRIGHT/OWNERSHIP. This Software and its source code are proprietary products of SEAGATE and its suppliers and are protected by copyright and other intellectual property laws. The Software is licensed and not sold. You acquire only the right to use the Software and do not acquire any rights, express or implied, in the Software or media containing the Software other than those specified in this License. SEAGATE and its suppliers shall at all times retain all rights, title, interest, including intellectual property rights, in the Software and media.
TRADEMARKS. SEAGATE and other names of SEAGATE and SEAGATE products referred to herein are trademarks or registered trademarks of Seagate Technology LLC in the United States and/or other countries. ONTRACK and other names of ONTRACK and ONTRACK products referred to herein are trademarks or registered trademarks of ONTRACK Data International, Inc. in the United States and/or other countries.
EXPORT RESTRICTIONS. You agree to comply fully with all laws and regulations of the United States and other countries (Export Laws) to assure that neither the Software, nor any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws.
DISCLAIMER OF WARRANTIES. THIS SOFTWARE IS DISTRIBUTED 'AS IS' AND YOU, ITS USER, ASSUME ALL RISKS WHEN DOWNLOADING OR USING IT. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. SEAGATE AND ITS SUPPLIERS DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SEAGATE AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS NON-INFRINGING, THAT IT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. IN NO EVENT SHALL SEAGATE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (WHICH SHALL INCLUDE WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SEAGATE AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions. The Agreement is governed by the laws of the State of Minnesota as applied to agreements between Minnesota residents entered into and to be performed entirely within Minnesota, and each party hereto submits to the exclusive jurisdiction of the Courts of that State. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. This is the entire agreement between you and SEAGATE and its suppliers, which supersedes any prior agreement, whether written or oral, relating to this subject matter.
U.S. GOVERNMENT RESTRICTED RIGHTS. In the event the Federal Acquisition Regulations (FAR) or DFARS is applicable to this Agreement, the Software is provided only with Restricted Rights as defined in paragraph 52.227-19 or paragraph 252.227-7013(c)(1)(ii), respectively (or a comparable or successor clause to either), as applicable. Contractor/manufacturer is Seagate Technology LLC, 920 Disc Drive, Scotts Valley, CA 95066.
ONTRACK Data International, Inc., 9023 Columbine Road, Eden Prairie, MN 55347, is a supplier of SEAGATE for all purposes hereunder.
