Indicating your acceptance of this license agreement in the manner specified, or installing and using the software it accompanies indicates your assent to the terms of this agreement. If you do not agree with them, do not install, use or copy this software. If you purchased the software you may return the software (and the hardware in which it is contained, if any), which must be in the original packaging and accompanied by the original receipt, to the place it was purchased for a full refund. If you acquired the software as a 30 day evaluation copy please destroy all copies of the software.
LICENSE GRANT
This is a license, not a sales agreement, between you, the end user, and Iomega Corporation ("Iomega"). Iomega grants to you a non-exclusive, non-transferable (except as provided below) license to use the copy of the software and the accompanying documentation in accordance with the terms set forth in this License Agreement. THIS IS NOT FREE SOFTWARE. UNLESS YOU HAVE ACQUIRED A REGISTRATION KEY YOU MAY USE THIS SOFTWARE FOR EVALUATION PURPOSES ONLY for 30 days from the day that the software was downloaded or acquired and after such 30 day period this license agreement shall terminate. After 30 days the software will cease to function unless a Registration Key has been applied, after which the software will continue to function. After application of a valid Registration Key the 30 day usage limitation will terminate. YOU MAY NOT PERMANENTLY install this Software on any computer for either personal or business use unless and until you register and pay for the Software.
The software is owned by Iomega or its licensors and protected by copyright laws, and some elements are protected by laws governing trademarks, trade dress and trade secrets, and may be protected by patent laws. In addition to the restrictions and obligations imposed by such laws, you agree to comply with the following:
To register and pay for the software, go to www.iomegadirect.com/promo.asp?quiksync2. Upon receipt of the Software Registration Form and payment Iomega will send to you a Registration Key.
You may:
a. install the software on only one computer, except that you may temporarily load the guest programs onto one or more additional computers to which an Iomega device has been attached;
b. make one (1) copy of the software in machine-readable form solely for backup purposes, provided that you reproduce all proprietary notices on the copy;
c. physically transfer the software from one computer to another provided that the software is used on only one computer at a time; and
d. transfer or assign (not rent or lease) all your rights in the software on a permanent basis if the person receiving it agrees to the terms of this Agreement (including the loss of warranty) and you transfer to that person the original and all existing copies of the software.
You may not:
a. use the software on more than one computer or workstation at a time, or use it on a device functioning as a file server in a network or a multi-user system except if the device limits access to the software such that only one user can use it at a time, or in any manner make it accessible to others, including via an electronic bulletin board, web site or other form of electronic distribution system;
b. modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except for the backup copy) the software or the accompanying documentation, except to the extent, if any, that this limitation or any portion of it is expressly prohibited by applicable law;
c. rent, lease or sublicense any rights in the software or accompanying documentation in any form to any person without the prior written consent of Iomega which, if given, is subject to the transferee's consent to the terms and conditions of this license;
d. remove any proprietary notices, labels, or marks on the software, documentation, and containers.
All rights, title, interest, and all copyrights in and to the software, documentation, and any copy made by you remain with Iomega. Unauthorized copying of the software or the documentation, or failure to comply with the above restrictions, will result in breach and automatic termination of this license and will make available to Iomega other legal and equitable remedies.
LIMITATION OF REMEDIES
Your sole and exclusive remedy under this License Agreement shall be refund, repair or replacement of defective media as provided in the warranty, at Iomega's option. Iomega's maximum liability for any claim by you or anyone claiming through or on behalf of you arising out of your order or the warranty shall not in any event exceed the actual amount paid by you to Iomega for the product.
Iomega does NOT warrant that the functions contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error free. Computer software is inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the software for any applications in which failure could cause any significant damage or injury to person or tangible or intangible property.
You should be sure that all data files and programs are properly backed up to prevent data loss that could result from a software malfunction. IN NO EVENT SHALL IOMEGA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES OR LOSSES ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS OBTAINED FROM IOMEGA OR OUT OF THE WARRANTY, INCLUDING WITHOUT LIMITATION LOSS OF USE, PROFITS, GOODWILL OR SAVINGS, OR LOSS OF DATA, DATA FILES, OR OTHER PROGRAMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IN SOME CIRCUMSTANCES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
LIMITED WARRANTY
IOMEGA WARRANTS THAT IF THE SOFTWARE IS PROVIDED TO YOU ON A MEDIA DISK THEN THE MEDIA DISK(S) ON WHICH THE SOFTWARE IS FURNISHED SHALL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE. THE FOREGOING WARRANTY IS VOID IF FAILURE OF THE MEDIA DISK(S) IS FROM MISUSE, NEGLECT, ALTERATION, IMPROPER INSTALLATION, UNAUTHORIZED REPAIR OR MODIFICATION, IMPROPER TESTING, ACCIDENT OR CAUSES EXTERNAL TO THE DISK(S), SUCH AS, BUT NOT LIMITED TO, EXCESSIVE HEAT OR HUMIDITY OR POWER FAILURE. THE FOREGOING LIMITED WARRANTY SHALL NOT BE APPLICABLE UNLESS AND UNTIL YOU REGISTER AND PAY FOR THE SOFTWARE.
THIRD PARTY SOFTWARE BUNDLED OR OFFERED WITH ANY IOMEGA PRODUCT IS NOT WARRANTED BY IOMEGA, BUT MAY BE SUBJECT TO ANY WARRANTY THE THIRD PARTY MANUFACTURER MAY ELECT TO PROVIDE, AS REFLECTED IN THE DOCUMENTATION INCLUDED WITH THAT SOFTWARE. ANY IOMEGA ZIP«, JAZ«, ZIPCD╘ OR CLIK!╘ MEDIA DISK THAT ACCOMPANIES THIS SOFTWARE IS SOLD UNDER THE WARRANTY SET FORTH ON ITS PACKAGING.
EXCEPT FOR THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, ALL MEDIA DISKS AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, BY IOMEGA, OR ITS SUPPLIERS OR DISTRIBUTORS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
OTHER THAN THE FOREGOING WARRANTY, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Continued use or possession of the disks after expiration of the above ninety (90) day warranty period shall be conclusive evidence that the warranty is fulfilled to your full satisfaction.
Iomega's warranty as set forth above shall not be enlarged, diminished or affected by, and no liability shall arise out of, Iomega's rendering of technical advice or service in connection with the software or Iomega statements concerning product quality, support or customer satisfaction. The warranty set forth above is not assignable by you.
UPDATES AND SUPPORT
You are entitled to receive 90 days technical support from the date of original purchase. This support period is valid during the life of the product, which commences when the product is released to manufacturing and ceases 6 months after the release of the next major version of the product. Technical support shall be limited to telephone or e-mail support from Iomega's offices, unless Iomega specifically agrees otherwise in writing. You are entitled to receive software updates (updates are defined as, and limited to, version number changes to the hundredth decimal place) in accordance with Iomega policies as announced from time to time on terms comparable to those offered to other users of the software under single-user licenses. Iomega's policy on updates and support is subject to change at any time.
U.S. GOVERNMENT USERS.
The software provided under this Agreement is commercial computer software developed exclusively at private expense, and in all respects is proprietary data belonging to Iomega or its suppliers.
(a) Department of Defense End Users. If the software is acquired by or on behalf of agencies or units of the Department of Defense (DoD), then, pursuant to DoD FAR Supplement Section 227.7202 and its successors (48 C.F.R. 227.7202) the Government's right to use, reproduce or disclose the software acquired under this Agreement is subject to the restrictions of this Agreement.
(b) Civilian Agency End Users. If the software is acquired by or on behalf of civilian agencies of the U.S. Government, then, pursuant to FAR Section 12.212 and its successors (47 C.F.R. 12.212), the Government's right to use, reproduce or disclose the software acquired under this Agreement is subject to the restrictions of this Agreement.
GENERAL
You may terminate this license at any time by destroying all copies of the software or by returning them to Iomega. Iomega may terminate this license if you fail to comply with any of the terms and conditions of this License Agreement. Upon such termination, you agree to destroy or return the original and all copies of the software. You agree to be responsible for the payment of any taxes resulting from this Agreement.
Any unauthorized rental, lease, sublicense or (except as provided above) assignment or transfer of any copy of the software shall be void. If any provisions of this Agreement are held invalid, the remainder shall continue in full force and effect.
Any software accompanying this license which is manufactured by a third party and which is accompanied by a license agreement from that third party is licensed under that agreement and is not licensed hereunder, and you will look solely to that third party and not to Iomega in enforcing any rights you may be granted under that agreement. This License Agreement shall be governed by the laws of the State of Utah.
This Agreement is the entire Agreement between us and supersedes any other communications, advertisements, or understandings with respect to the software, media disk and documentation.
Copyright 2000 Iomega Corporation. Iomega is a registered trademark of Iomega Corporation.
