PowerQuest(R) End User License Agreement

IMPORTANT: Read this before using your copy of PowerQuest software.

If you received your software under a volume licensing contract that you signed with PowerQuest, the terms of that contract supercede those of this agreement. This document is a legal agreement between you (an individual or business) and PowerQuest Corporation (PowerQuest). 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, disk, or electronic media provided with this License Agreement. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, EITHER DESTROY OR RETURN, INTACT, THE SOFTWARE PACKAGE, CONTAINING THE CD, DISK, OR ELECTRONIC MEDIA, TOGETHER WITH THE OTHER COMPONENTS OF THE PRODUCT TO THE PLACE OF PURCHASE FOR A REFUND OF THE PURCHASE PRICE.

1. LIMITED OR TEMPORARY USE. If you are evaluating the Software or the Software has not otherwise been activated, the following shall supercede the terms found herein: You may use the Software as described herein for thirty (30) days or until the Software times out, whichever occurs first. You are not entitled to updates or technical support.

2. PROPRIETARY RIGHTS. The Software and any accompanying documentation are the proprietary products of 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.

3. POWERQUEST RECOVERY ENVIRONMENT. If the Software contains functionality in a pre-boot environment, such pre-boot environment functionality may contain a twenty-four (24) hour time-out feature that will reset with each re-boot into such pre-boot environment. 

4. GRANT OF LICENSE. The Software and accompanying documentation are being licensed to you. You have the right to use the Software only in accordance with this License Agreement. 

If the Software is a workstation or standalone product, you may use each licensed copy of the Software on or in connection with ONLY ONE computer that is owned or leased by you. The Software is considered in use on a computer once it has been loaded into temporary memory or installed into permanent memory. If the Software is made available on a network, each licensed copy may be accessed by ONLY ONE specific computer. Once the Software has been accessed by ONE specific computer, it may not be used on additional computers without purchasing additional licenses. 

If the Software is a server product, you may use each licensed copy of the Software on or in connection with ONLY ONE server that is owned or leased by you. The Software is considered in use on a server once it has been loaded into temporary memory or installed into permanent memory. If the Software has remote capabilities through a network, such access may be made by only one designated computer. Once the Software has been used on ONE specific server, it may not be used on additional servers.

This License or the Software may not be assigned, sublicensed, leased, sold or otherwise transferred without prior written consent from PowerQuest, and any unauthorized transfer is null and void. This license is personal to you and can be used for personal or internal business use only and may not be used on behalf of a client or customer.

5. BACKUP COPY. You may make a single copy of the Licensed Software solely for backup purposes.

6. UPDATES AND SUPPORT. You are entitled to receive Software updates which include any patches or bug fixes that PowerQuest makes generally available at www.powerquest.com. PowerQuest will make best efforts to provide technical support. For current policies and fees for support, go to www.powerquest.com/support/, or contact PowerQuest.

7. 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 all copies of the Software and the accompanying documentation.

8. 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.

9. EXPORT CONTROLS. Certain uses of the Software by you may be subject to restrictions under U.S. regulations relating to exports and ultimate end users 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.

10. 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.

11. LIMITED WARRANTY. (a) PowerQuest warrants to the original purchaser of a license for the Software, (i) that the 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. 

(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 Agreement 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.

12. 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 AS 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.

13. 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. 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 1994-2003 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.

