License, Diskeeper 12, X86
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CONDUSIV TECHNOLOGIES
SOFTWARE LICENSE AGREEMENT
AND, AS APPLICABLE, TRIALWARE OR NOT FOR RESALE [NFR]
SOFTWARE LICENSE AGREEMENT
DISKEEPER® performance software
(Includes all editions of Diskeeper: Professional, Server, Administrator, Home, or as issued.)
HYPERFAST® solid state disk optimizer
IMPORTANT-READ CAREFULLY BEFORE INSTALLING SOFTWARE.
The following License Agreement (or, as applicable, this Trialware License) for one licensed copy applies to you. By opening the sealed packet(s) containing the software, you indicate your acceptance of the following Software License Agreement.
This is a legal agreement (“Agreement”) between you (either an individual or an entity) and Condusiv Technologies, a California corporation. By opening the sealed software packages and/or by using Condusiv Technologies’ DISKEEPER for WINDOWS® and/or Condusiv Technologies’ HYPERFAST software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the disk package and accompanying items (including printed materials and binders or other containers) to the place you obtained them for a full refund.
1. GRANT OF LICENSE-This Software License Agreement ("License") permits you (either an individual or an entity), or; as applicable, you (an ordering activity authorized to place orders under GSA Schedule 70 contracts as defined in GSA Order ADM 4800.2G as may be amended from time to time) to use one copy of Condusiv Technologies’ DISKEEPER for WINDOWS and/or Condusiv Technologies’ HYPERFAST software and Condusiv Technologies’ associated user documentation ("Software") on one computer running Microsoft® WINDOWS. With respect to the use of DISKEEPER, and HYPERFAST, on a network, Licenses must be obtained for each computer, including the server. If you have multiple Licenses for the Software, then at any time you may have as many copies of the Software in use as you have Licenses. (Licenses can include the Administrator, Server, Professional, or Home editions). The Software is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of that computer, except that a copy stored on a network server for the sole purpose of distribution to other computers is not "in use." For users of select Microsoft® WINDOWS software (such as Windows 7) that specifically includes an additional license of Windows XP for use in XP Mode, one additional license of the above named Condusiv Technologies software product that is designed to support Windows XP is granted exclusively for use in that Windows XP Mode.
(When installed as Trialware – This Trialware Software License Agreement permits you to install one copy of Condusiv Technologies’ DISKEEPER for WINDOWS and/or Condusiv Technologies’ HYPERFAST software and Condusiv Technologies’ associated user documentation [collectively the "Software"] on one server, workstation or personal computer running any supported version of WINDOWS.)
HOME Edition. For software marked “Home” edition (not applicable to HomeServer edition), you may install one copy of the software on up to three licensed devices in your household for use by people for whom that is their primary residence. The software may not be used for commercial, non-profit, or revenue-generating activities.
2. COPYRIGHT-The Software is owned by Condusiv Technologies or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the Software solely for back up or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for back up or archival purposes. You may not copy the user documentation provided with the Software, except for your own authorized use.
3. OTHER RESTRICTIONS-This License is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software, but you may transfer the Software and user documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent that the foregoing restriction is expressly prohibited by applicable law. If the Software is an update or has been updated, any transfer must include the most recent update and all prior versions.
4. NOT FOR RESALE SOFTWARE. If the software is labeled “Not For Resale” or “NFR,” then, notwithstanding other sections of this license, your use of the software is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the Software.
5. ANTI-PIRACY and ANTI-COUNTERFEITING ASSISTANCE: You agree to take reasonable steps to prevent the creation of illegal, counterfeit or pirated copies of this Software License and to immediately notify and reasonably assist Condusiv Technologies in handling where it may be found that illegal copies of the licensed software have been made.
6. LIMITED WARRANTY- Condusiv Technologies warrants that (a) the Software will perform substantially in accordance with the user documentation for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration on an implied warranty, so the above limitation may not apply to you. This limited warranty is void if failure of the Software has resulted from accident, abuse or misapplication.
7. CUSTOMER REMEDIES-Condusiv Technologies and its suppliers' entire liability and your exclusive remedy shall be, at Condusiv Technologies’ option, either (a) return of the price paid, or (b) replacement of the Software that does not meet Condusiv Technologies’ limited warranty and which is returned to Condusiv Technologies with a copy of your receipt. This limited warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Condusiv Technologies are available without proof of purchase from an authorized non-U.S. source.
8. NO OTHER WARRANTIES-CONDUSIV TECHNOLOGIES DOES NOT WARRANT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONDUSIV TECHNOLOGIES AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES-TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONDUSIV TECHNOLOGIES OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE CONDUSIV TECHNOLOGIES PRODUCT, EVEN IF CONDUSIV TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT RESTRICTED RIGHTS-The Software and documentation are provided with RESTRICTED RIGHTS and constitute commercial computer software developed entirely at private expense, and as defined in FAR 12.212. Use, duplication, or disclosure by the Government shall be in accordance with FAR 52.227-19, Commercial Computer Software License, or other agency data rights provisions, as may be applicable and subject solely to restrictions as set forth in DFARS 227-7202. Manufacturer is Condusiv Technologies, 7590 N. Glenoaks Blvd, Burbank, California 91504-1052.
11. CALIFORNIA LAW- This Agreement is governed by the laws of the State of California excluding its conflict of laws, rules and the United Nations Convention on Contracts for the International Sale of Goods. The exclusive venue for any dispute arising hereunder shall be a court of competent jurisdiction in Los Angeles, California, USA. Should any of the provisions of this License be declared invalid by any court of competent jurisdiction, such a provision shall be severed from this Agreement and the other provisions shall remain in full force and effect. As applicable in the USA for licenses granted to US Government Agencies or Entities only, this agreement will be governed by the applicable United States Federal law, and the venue shall be the applicable U.S. Court of competent jurisdiction in Los Angeles, California, USA.
Should you have any questions concerning this Agreement, or if you desire to contact Condusiv Technologies for any reason, please contact your supplier or:
Condusiv Technologies
7590 N. Glenoaks Blvd,
Burbank, California 91504,
(818) 771-1600.
© 2012 Condusiv Technologies. All Rights Reserved. DISKEEPER and HYPERFAST are registered trademarks or trademarks of Condusiv Technologies in the United States and other countries. MICROSOFT and WINDOWS are registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.
SOFTWARE LICENSE AGREEMENT, and as applicable, NFR or TRIALWARE SOFTWARE LICENSE AGREEMENT.
Condusiv Technologies is an Affirmative Action Employer
DCA Revised Feb. 1, 2012
MG Revised Apr. 12, 2012
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