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OEM.txt
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2002-08-28
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PowerQuest(R) OEM End User License Agreement
IMPORTANT: Read this before using your copy of PowerQuest
software.
This document is a legal agreement between you, the "OEM
end user," and PowerQuest Corporation. Use of the software
indicates your acceptance of these terms. As used in this
License Agreement, the term "Software" means the PowerQuest
software included on the media or hardware provided with
this License Agreement.
1. PROPRIETARY RIGHTS. The Software is a proprietary product
of PowerQuest Corporation ("PowerQuest") or its licensors and
is protected under U.S. copyright laws and international
treaty provisions. Ownership of the Software and all copies,
modifications, and merged portions thereof shall at all times
remain with PowerQuest or its licensors.
2. GRANT OF LICENSE. The Software is being licensed to you,
which means you have the right to use the Software only in
accordance with this License Agreement. The Software is only
authorized for distribution together with specific products.
The Software is considered in use on a computer when it is
loaded into temporary memory or installed into permanent
memory.
3. NONPERMITTED USES. Without the express 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. TECHNICAL SUPPORT. PowerQuest is NOT responsible to
provide technical support. Any and all technical support
questions regarding the Software should be referred to the
place of purchase.
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, UT 84059.
6. NO WARRANTY. The Software is being provided to you AS IS.
PowerQuest does not warrant the Software to end users. If
the Software fails to perform substantially in accordance
with the documentation provided to your hardware supplier,
PowerQuest will repair or replace the copy of the Software
provided to your hardware supplier and will authorize your
hardware supplier to provide such repaired or replaced
Software to you without charge.
7. LIMITATION OF LIABILITY. 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.
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.