EXP Computer EXP CD-Rewriter Bundled S_W User Manual

Page 3

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Adaptec Easy CD Creator
Stock Number: 511446-00, Rev. A

Page: iii

Print Spec Number: 496513-00
Current Date: 5/8/98

First Draft

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Confidentiality. You agree to maintain the Software in confidence and to not disclose the
Software to any third party without the express written consent of Adaptec. You further
agree to take all reasonable precautions to preclude access of unauthorized persons to the
Software.

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Term. This license is effective until January 1, 2045, unless terminated earlier. You may
terminate the license at any time by destroying the Software (including the related docu-
mentation) together with all copies or modifications in any form. Adaptec will have the
right to terminate your license immediately if you fail to comply with any term or condi-
tion of this Agreement. Upon any termination, including termination by you, you must de-
stroy the Software (including the related documentation) together with all copies or
modifications in any form.

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Limited Warranty. Adaptec warrants only that the media upon which the Software is fur-
nished will be free from defects in material or workmanship under normal use and service
for a period of thirty (30) days from the date of delivery to you. ADAPTEC DOES NOT
AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OB-
TAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING
STATES THE SOLE AND EXCLUSIVE REMEDIES ADAPTEC WILL PROVIDE
FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WAR-
RANTY, ADAPTEC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO
NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FIT-
NESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of im-
plied warranties or limitations on how long an implied warranty may last, so the above
limitations may not apply to you. This warranty gives you specific legal rights and you
may also have other rights which vary from state to state.

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Limitation of Liability. IN NO EVENT WILL ADAPTEC BE LIABLE TO YOU FOR
ANY SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS
OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADAPTEC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion or limitation
of special, incidental, or consequential damages, so the above limitation or exclusion may
not apply to you.

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Limitation of Remedies. Adaptec’s entire liability and your exclusive remedy shall be: (a)
the replacement of any media not meeting Adaptec’s limited warranty which is returned
to Adaptec; or (b) if Adaptec or its distributor is unable to deliver replacement media
which is free of defects in materials or workmanship, you may terminate this Agreement
by returning the Software and your money will be refunded.

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Export. You acknowledge that the laws and regulations of the United States restrict the
export and re-export of the Software. You agree that you will not export or re-export the
Software or media in any form without the appropriate United States and foreign govern-
ment approval.

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Government Restricted Rights Legend for Units of the DoD. Use, duplication or disclo-
sure 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 252.227-7013. Adaptec,
Inc., 691 South Milpitas Boulevard, Milpitas, California 95035.

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