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License.txt
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PowerQuest(r) End User License Agreement
IMPORTANT: Read this before using your copy of PowerQuest
software.
This document is a legal agreement between you (an individual
or business) and PowerQuest Corporation (PowerQuest). Use of
the software indicates your acceptance of these terms. As used
in this License Agreement, the term "Software" means the
software included on the CD or disk media provided with this
License Agreement. The term "Software" does not include any
software that is covered by a separate license offered or
granted by a person other than PowerQuest.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, EITHER
DESTROY OR RETURN, INTACT, THE SOFTWARE PACKAGE, CONTAINING
THE CD OR DISK MEDIA, TOGETHER WITH THE OTHER COMPONENTS OF
THE PRODUCT TO THE PLACE OF PURCHASE FOR A REFUND OF THE
PURCHASE PRICE.
1. PROPRIETARY RIGHTS. The Software and any accompanying
documentation are the proprietary products of PowerQuest or
its licensors and are protected under national laws and
international treaty provisions. Ownership of the Software
and all copies, modifications, translations, and merged
portions thereof shall at all times remain with PowerQuest
or its licensors.
2. GRANT OF LICENSE. The Software and accompanying
documentation are being licensed to you, which means you
have the right to use the Software only in accordance with
this License Agreement. The Software is considered in use
on a computer when it is loaded into temporary memory or
installed into permanent memory. This License may not be
assigned or otherwise transferred without prior written
consent from PowerQuest, and any unauthorized transfer is
null and void.
You are authorized to use ONLY a single copy of the
Software on the number of computers for which you have
purchased a license (as indicated on the accompanying
license certificate, if applicable). Each permitted copy
of the Software may be used only in connection with a
single computer owned or leased by you. If the Software
is made available on a network, it may be accessed only by
ONE specific computer. Once the Software has been accessed
by ONE specific computer it may not be used on any
additional computers without purchasing additional licenses.
All copies of the Software must include the copyright,
trademark, and patent notices.
This license is personal to you. You may not sublicense,
lease, sell, or otherwise transfer the Software or any of
the accompanying documentation to any other person. You may
use the Software only for your own personal use if you are
an individual, or for your own internal business purposes if
you are a business. If you are a service bureau, integrator,
value added reseller, or other type of service provider and
wish to use this software on your clients' computers, you
must purchase a Configuration License.
BACKUP COPY. In addition to any copies authorized under this
license agreement, you may make a single copy of the Software
solely for backup purposes.
UPDATES AND SUPPORT. You are entitled to receive technical
support as outlined in the Software documentation. You are
entitled to receive Software updates (updates shall include
any patches or bug fixes that PowerQuest makes generally
available at www.powerquest.com) in accordance with
PowerQuest policies as announced from time to time on terms
comparable to those offered to other users of the Software
under similar licenses.
TERM. This license is effective from your date of purchase
and shall remain in force until terminated. You may terminate
the license and this License Agreement at any time by
destroying the Software and the accompanying documentation,
together with all copies in any form.
3. NONPERMITTED USES. Without the express prior written
permission of PowerQuest, you may not (a) use, copy, modify,
alter or transfer, electronically or otherwise, the Software
or documentation except as expressly permitted in this
License Agreement, or (b) translate, reverse program,
disassemble, decompile, or otherwise reverse engineer the
Software.
4. EXPORT CONTROLS. Certain uses of the Software by you may
be subject to restrictions under U.S. regulations relating
to exports and ultimate end uses of computer software. You
agree to fully comply with all applicable U.S. laws and
regulations, including but not limited to the Export
Administration Act of 1979 as amended from time to time and
any regulations promulgated thereunder.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are acquiring
the Software on behalf of any unit or agency of the United
States Government, the following provision applies: It is
acknowledged that the Software and the documentation were
developed at private expense and that no part is in the
public domain and that 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. Contractor/Manufacturer is
PowerQuest Corporation, P.O. Box 1911, Orem, Utah 84059-1911,
U.S.A.
6. LIMITED WARRANTY. (a) PowerQuest warrants to you, the
original end user, (i) that the Software, other than
third-party software, will perform substantially in
accordance with the accompanying documentation and (ii)
that the Software is properly recorded on the disk media.
This Limited Warranty extends for ninety (90) days from
the date of purchase. PowerQuest does not warrant any
third-party software that is provided with the Software,
but PowerQuest agrees to pass on to you any warranties of
the owner or licensor to the extent permitted by the owner
or licensor.
(b) This Limited Warranty does not apply to any Software
that has been altered, damaged, abused, mis-applied, or
used other than in accordance with this license and any
instructions included on the Software and the accompanying
documentation.
(c) PowerQuest's entire liability and your exclusive remedy
under this Limited Warranty shall be the repair or
replacement of any Software that fails to conform to this
Limited Warranty or, at PowerQuest's option, return of the
price paid for the Software. PowerQuest shall have no
liability under this Limited Warranty unless the Software
is returned to PowerQuest or its authorized representative,
with a copy of your receipt, within the warranty period.
Any replacement Software will be warranted for the remainder of
the original warranty period or 30 days, whichever is longer.
(d) THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER
WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR WARRANTIES ARISING FROM USAGE OF TRADE
OR COURSE OF DEALING.
(e) THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY
HAVE OTHERS WHICH VARY FROM STATE TO STATE.
(f) Your failure to return the enclosed registration card or
complete the electronic registration included with the
Software may result in PowerQuest's inability to provide you
with updates to the Software, and you assume the entire risk
of performance and result in such an event.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL POWERQUEST'S
LIABILITY RELATED TO ANY OF THE SOFTWARE EXCEED THE LICENSE
FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE. EXCEPT FOR A
RETURN OF THE PURCHASE PRICE UNDER THE CIRCUMSTANCES PROVIDED
UNDER THE LIMITED WARRANTY, NEITHER POWERQUEST NOR ITS
SUPPLIERS SHALL IN ANY EVENT BE LIABLE FOR ANY DAMAGES
WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
OTHER PECUNIARY LOSS, EVEN IF POWERQUEST CORPORATION HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH
LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER
LEGAL OR EQUITABLE GROUNDS. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. NO WAIVER. Any failure by either party to this agreement
to enforce a specific part of the agreement in a specific
situation is not a waiver of rights under the agreement. The
party may still enforce the rest of the agreement in that
situation and may still enforce some or all of the agreement
in other situations.
9. This License Agreement constitutes the entire agreement
between you and PowerQuest pertaining to its subject matter.
This License Agreement is governed by the laws of the State
of Utah. Any litigation arising from this license will be
pursued only in the state or federal courts located in the
State of Utah. Even if part of the agreement is held
invalid, the rest of the agreement is still valid, binding
and enforceable.
Should you have any questions concerning this Agreement, or
if you desire to contact PowerQuest Corporation for any
reason, please write:
PowerQuest Corporation
P.O. Box 1911
Orem, UT 84059-1911
U.S.A.
Copyright 1994-2002 PowerQuest Corporation. All rights
reserved. The Software may be protected by U.S. patents, with
other patents pending in the U.S.A. and elsewhere. PowerQuest
is a registered trademark of PowerQuest Corporation.