THIS IS A LEGAL AGREEMENT. PLEASE READ BEFORE INSTALLING SOFTWARE.
This cartridge contains software provided to you by SyQuest (“SyQuest Software”) and by corporate partners (“SyQuest Partners”) of SyQuest (“Partners Software”).
The SyQuest Software consists of SyQuest Operating System Software and SyQuest Utility Software.
The Partners Software and the providing SyQuest Partner on this cartridge consists of:
a) DiskFit Direct by Dantz Development Corporation, Orinda CA 94563.
b) Easy Labels - Lite by LaCie Limited, Beaverton OR 97008.
c) Paint Alchemy by Xaos Tools Inc., San Francisco CA 94103.
d) PowerMerge - Limited Edition by Leader Technology, Newport Beach CA 92660.
e) Silverlining - Lite by LaCie Limited, Beaverton OR 97008.
f) Virtual Disk - Lite by LaCie Limited, Beaverton OR 97008.
Any use of this cartridge other than to review this Software License Agreement constitutes your acceptance of and agreement with the terms of this Software License Agreement with respect to the SyQuest Software. If you do not accept and agree to these terms, you must return the full product with proof of purchase to your dealer within 30 days for a full refund.
Any installation or use of any version of Partners Software constitutes your acceptance of and agreement with the terms of this Software License Agreement with respect to their software. If you do not accept and agree to these terms with respect to any Partners Software, but accept and agree to them with respect to the SyQuest Software, you must delete such Partners Software from this cartridge. This may be accomplished by dragging the appropriate folder to the Trash.
LICENSORS. All software on this cartridge is licensed to you by SyQuest and by the companies listed in paragraph 1 above for use only in accordance with this Software License Agreement.
GRANT OF LICENSE. You are granted the right to use the SyQuest Software and any or all of the Partners Software on a single personal computer attached to a SyQuest brand cartridge disk drive. You may copy the SyQuest Utility Software and/or Partners Software to other SyQuest brand cartridges for use with this personal computer, to any one hard disk drive of this personal computer, and to the main memory of this personal computer, provided that you reproduce all copyright and trademark notices, restricted rights legends, and other proprietary markings.
RESTRICTIONS. You may not copy the SyQuest Operating System Software. You may not sublicense, rent or lease the SyQuest Software or Partners Software (collectively, the "Software"). You may not reverse engineer, decompile, disassemble, modify, translate or create derivative works of the Software.
LIMITED WARRANTIES & LIMITATION OF LIABILITY. The limited warranties and limitation of liability in Section 2 of this file apply to, are incorporated in, and are made a part of this Software License Agreement.
EXPORT LAW ASSURANCES. You acknowledge and agree that the Software is subject to restrictions and controls imposed by the United States Export Administration Act (the "Act") and the regulations thereunder. You agree and certify that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred or re exported, directly or indirectly, into any country, or used for any purpose, except as authorized by the Act and the regulations.
GOVERNMENT LICENSEE. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the provisions of Section 3 apply to, are incorporated in, and are made a part of this Software License Agreement.
GENERAL. This Software License Agreement will be governed by the laws of the State of California, except for that body of law dealing with conflicts of law. Should you have any questions concerning this Software License Agreement, or if you desire to contact SyQuest for any reason, please contact: SyQuest Customer Sales and Service, SyQuest Technology, Inc., 47071 Bayside Parkway, Fremont, California 94538, USA, Tel: (800) 245-2278, email: support@syquest.com.
2. Limited Warranties & Limitation of Liability
LIMITED CARTRIDGE WARRANTY. SyQuest warrants that for sixty months following the date of purchase, as evidenced by a copy of your receipt, this cartridge will be free from defects in material and workmanship under normal use and service. SyQuest's sole obligation is to repair or replace this cartridge if it is determined to be defective during the warranty period. The seller of this cartridge should be contacted for return procedures and authorization.
LIMITED SOFTWARE WARRANTIES. SyQuest warrants that for sixty months following the date of purchase, as evidenced by a copy of your receipt, or until modified by you, whichever period is shorter, the SyQuest Operating System Software and the SyQuest Software will perform substantially the functions described in the documentation provided by SyQuest. Your sole remedy under the warranty during the applicable warranty period is that SyQuest will undertake to correct within a reasonable period of time any failure reported by you of the SyQuest Operating System Software or the SyQuest Software to perform substantially the functions described in the documentation and correct errors in the documentation.
Each SyQuest Partner solely warrants that for ninety days, as evidenced by a copy of your receipt, or until modified by you, whichever period is shorter, such Partners Software will perform substantially the functions described in the documentation provided by the partner. Your sole remedy under the warranty during the applicable warranty period is that a Software Partner will undertake to correct within a reasonable period of time any failure reported by you of such Partners Software to perform substantially the functions described in the documentation and correct errors in the documentation.
Neither SyQuest nor any SyQuest Partner warrants that the Software will meet your requirements, that their operation will be uninterrupted or error-free, or that all their errors will be corrected. Neither SyQuest nor any SyQuest Partner is responsible for problems caused by changes in the operating characteristics of non-SyQuest brand computer hardware or computer operating systems which are made after the release of the Software, or for problems in the interaction of the Software with software from suppliers other than SyQuest and the SyQuest Partners.
SyQuest makes no warranty with respect to Partners Software, and no SyQuest Partner makes any warranty with respect to SyQuest Operating System Software, SyQuest Software and this cartridge. SyQuest's sole obligation with respect to Partners Software is to refer end-users requesting technical support to the appropriate SyQuest Partner or to report to the SyQuest Partner any problems reported by end-users to SyQuest.
THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SYQUEST, ANY SYQUEST PARTNER, THEIR EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY DAYS FROM THE DATE OF PURCHASE OF THIS CARTRIDGE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYQUEST OR ANY SYQUEST PARTNER BE LIABLE TO YOU FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OF OR INABILITY TO USE SYQUEST OPERATING SYSTEM SOFTWARE, SYQUEST SOFTWARE, ANY SYQUEST PARTNER SOFTWARE, OR THIS CARTRIDGE,
EVEN IF SYQUEST OR ANY SYQUEST PARTNER OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
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.
IN NO CASE WILL SYQUEST'S AND ALL SYQUEST PARTNER'S AGGREGATE LIABILITY EXCEED THE PURCHASE PRICE OF THE SOFTWARE AND THIS CARTRIDGE.
The limited warranties and limitation of liability in this Section 2 apply regardless of whether you accept or agree with the terms of the Software License Agreement in Section 1 above.
3. Government Provisions
The United States Government ("Government") acknowledges the representations of SyQuest and each SyQuest Partner that the Software and its documentation were developed at private expense and that no part of them is in the public domain.
The Government acknowledges the representations of SyQuest and each SyQuest Partner that the Software is "Restricted Computer Software" as that term is defined in Clause 52.227-19 of the Federal Acquisition Regulations (FAR) and is "Commercial Computer Software" as that term is defined in Clause 252.227-7013(a)(1) of the Department of Defense Federal Acquisition Regulation Supplement (DFARS). The Government agrees that:
(i) if the Software is supplied to the Department of Defense (DOD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS, and
(ii) if the Software is supplied to any unit or agency of the United States Government other than DOD, the Government's rights in the Software and its documentation will be as defined in Clause 51.227-19(c)(2) of the FAR.
RESTRICTED RIGHTS LEGEND. 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.
Dantz Development Corp., 4 Orinda Way, Building C, Orinda CA 94563, USA
LaCie Limited, 8700 SW Creekside Pl., Beaverton OR 97008, USA
Leader Technology, 4590 MacArthur Blvd, Newport Beach CA 92660
SyQuest Technology, Inc., 47071 Bayside Parkway, Fremont CA 94538
Xaos Tools Inc., 600 Townsend St., Suite 270 East, SF CA 94103.
