PowerQuest(R) OEM End User License Agreement IMPORTANT: Read this before using your copy of PowerQuest software. This document is a legal agreement between you, the "OEM end user," and PowerQuest Corporation. Use of the software indicates your acceptance of these terms. As used in this License Agreement, the term "Software" means the PowerQuest software included on the media or hardware provided with this License Agreement. 1. PROPRIETARY RIGHTS. The Software is a proprietary product of PowerQuest Corporation ("PowerQuest") or its licensors and is protected under U.S. copyright laws and international treaty provisions. Ownership of the Software and all copies, modifications, and merged portions thereof shall at all times remain with PowerQuest or its licensors. 2. GRANT OF LICENSE. The Software is being licensed to you, which means you have the right to use the Software only in accordance with this License Agreement. The Software is only authorized for distribution together with specific products. The Software is considered in use on a computer when it is loaded into temporary memory or installed into permanent memory. 3. NONPERMITTED USES. Without the express 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. 4. TECHNICAL SUPPORT. PowerQuest is NOT responsible to provide technical support. Any and all technical support questions regarding the Software should be referred to the place of purchase. 5. 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. 6. NO WARRANTY. The Software is being provided to you AS IS. PowerQuest does not warrant the Software to end users. If the Software fails to perform substantially in accordance with the documentation provided to your hardware supplier, PowerQuest will repair or replace the copy of the Software provided to your hardware supplier and will authorize your hardware supplier to provide such repaired or replaced Software to you without charge. 7. LIMITATION OF LIABILITY. 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. 8. 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. 9. 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. 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 1994-2002 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.
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