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LICENSE.TXT
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2003-01-10
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LICENSE AGREEMENT: TERMS AND CONDITIONS OF USE
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 Kroll
Ontrack 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.
Kroll Ontrack Inc., 9023 Columbine Road, Eden Prairie,
MN 55347, is a supplier of SEAGATE for all purposes hereunder.
Copyright (c) 1999-2002 Seagate Technology LLC.
discdiag003