IMPORTANT: Read this before using your copy of PowerQuest software.
This document is a legal agreement between you (an individual or business), the Licensee and PowerQuest Corporation. Use of the enclosed 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 Corporation.
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 Corporation (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 and TERM. This license supercedes the License Agreement found in the User Guide. 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.
SITE LICENSE. You are authorized to use the Software on an unlimited number of computers at your designated site as defined in the POWERQUEST SITE LICENSE CERTIFICATE. Your rights under this License may be exercised by multiple individuals designated by you. If you need to use the Software at another SITE, then you must purchase additional Site Licenses for each such site. Additional Licenses may be purchased from PowerQuest's Large Account Sales at (801) 437-8900 or sales@powerquest.com.
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. BACKUP COPY. Only ONE copy of the Software may be created for archival or backup purposes.
4. 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.
5. 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.
6. 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 84059-1911/U.S.A.
7. 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.
8. 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.
9. 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.
10. 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. The failure of either party to exercise a right does not waive future exercise of that right or other rights.
For further information: 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 1997-1999, PowerQuest Corporation. All rights reserved. Patents pending in the U.S.A. and elsewhere. PowerQuest and BootMagic are registered trademarks of PowerQuest Corporation.
