IMPORTANT - READ CAREFULLY: This Adaptec End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Adaptec, Inc., for the GoBack product, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("PRODUCT"). The PRODUCT also includes any updates and supplements to the original PRODUCT provided to you by Adaptec. Any software provided along with the PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the PRODUCT, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the PRODUCT; you may, however, return it to your place of purchase for a full refund.
SOFTWARE LICENSE
The PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
This Agreement grants you the following rights:
· Installation. You may install and use one copy of the PRODUCT on a single computer, including a workstation, terminal, or other digital electronic device ("COMPUTER").
· Storage or Network Use. You may also store or install a copy of the PRODUCT on a storage device, such as a network server, used only to install or run the PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on or from which the PRODUCT is installed, used, accessed, displayed or run. A license for the PRODUCT may not be shared or used concurrently on different COMPUTERS.
· Site License. If you have acquired this Agreement as part of a site license, you may install and use additional copies of the computer software portion of the PRODUCT up to the number of copies specified above as "Licensed Copies."
· Restrictions. All rights not expressly granted herein are reserved by Adaptec.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
· Academic Version Software. If the PRODUCT is identified as "Academic Edition" or "AE," you must be a "Qualified Educational User" to use the PRODUCT. If you are not a Qualified Educational User, you have no rights under this Agreement. To determine if you are a Qualified Educational User, please contact Adaptec, Inc., 691 South Milpitas Boulevard, Milpitas, California 95035.
· Not for Resale Software. If the PRODUCT is labeled "Not for Resale" or "NFR," then, notwithstanding other sections of this Agreement, your use of the PRODUCT is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the PRODUCT.
· Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
· Separation of Components. The PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
· Rental. You may not rent, lease or lend the PRODUCT.
· Trademarks. This Agreement does not grant you any rights in connection with any trademarks or service marks of Adaptec or its wholly-owned subsidiary, Wild File, Inc. .
· Software Transfer. The initial user of the PRODUCT may make a one-time permanent transfer of this Agreement and PRODUCT only directly to an end user. This transfer must include all of the PRODUCT (including all component parts, the media and printed materials, any upgrades, this Agreement, and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this Agreement, including the obligation not to further transfer this Agreement and PRODUCT.
· Termination. This license is effective until January 1, 2045, unless terminated earlier.You may terminate the license at any time by destroying the PRODUCT and all related documentation together with all copies or modifications in any form. Adaptec will have the right to terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. Upon any termination, you must destroy all copies of the PRODUCT and all of its component parts and any copies or modifications in any form.
3. UPGRADES.
If the PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Adaptec as being eligible for the upgrade in order to use the PRODUCT. A PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this Agreement. If the PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. COPYRIGHT.
All title and intellectual property rights in and to the PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the PRODUCT), the accompanying printed materials, and any copies of the PRODUCT are owned by Adaptec or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content. All rights not expressly granted are reserved by Adaptec.
5. DUAL MEDIA SOFTWARE.
You may receive the PRODUCT in more than one medium. Regardless of the type, or size, of the medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease or otherwise transfer the other medium to another user, except as part of a permanent transfer (as provided above) of the PRODUCT.
6. LIMITED MEDIA WARRANTY.
Adaptec warrants that the media on which the PRODUCT is distributed is free from defects for a period of thirty (30) days from the date of delivery of the PRODUCT to you, the end user. ADAPTEC DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT OR ACCOMPANYING DOCUMENTATION. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ADAPTEC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ALL WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
7. LIMITATION OF LIABILITY.
IN NO EVENT WILL ADAPTEC BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, EVEN IF ADAPTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion or limitation of special, incidental or consequential damages, so the above exclusion or limitation may not apply to you.
8. LIMITATION OF REMEDIES.
Adaptec's entire liability and your exclusive remedy shall be, at Adaptec's option : (a) the replacement of any media not meeting Adaptec's limited warranty which is returned to Adaptec; or (b) if Adaptec or its distributor is unable to deliver replacement media which is free of defects in materials or workmanship, you may terminate this Agreement by returning the PRODUCT, and the purchase price you paid will be refunded. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES ADAPTEC WILL PROVIDE FOR BREACH OF WARRANTY.
9. BACKUP COPY.
After installation of one copy of the PRODUCT pursuant to this Agreement, you may keep the original media on which the PRODUCT was provided by Adaptec solely for backup or archival purposes. If the original media is required to use the PRODUCT on the COMPUTER, you may make one copy of the PRODUCT solely for backup or archival purposes. Except as expressly provided in this Agreement, you may not otherwise make copies of the PRODUCT or the printed materials accompanying the PRODUCT.
10. U.S. GOVERNMENT RESTRICTED RIGHTS.
The PRODUCT 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. The manufacturer is Adaptec, Inc., 691 S. Milpitas.Blvd., Milpitas, California 95035.
11. EXPORT RESTRICTIONS.
You agree that you will not export or re-export the PRODUCT to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export or re-export the PRODUCT: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any end-user who you know or have reason to know will utilize the PRODUCT or portion thereof in the design, development or production or nuclear, chemical or biological weapons; or (iii) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.
MISCELLANEOUS
If you acquired this product in the United States, this Agreement is governed by the laws of the State of California.
If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this Agreement, or if you desire to contact Adaptec, please write: Adaptec Legal Department, 691 S. Milpitas Blvd., Milpitas, California 95035.
