IMPORTANT: THIS SOFTWARE PRODUCT AND
ACCOMPANYING DOCUMENTATION IS SUBJECT
TO THE FOLLOWING LICENSE AGREEMENT.
CAREFULLY READ THE TERMS AND CONDITIONS
SET FORTH BELOW BEFORE INSTALLATION.
LICENSE AGREEMENT
This is a legal agreement between you ( "Licensee") and
Imation. By installing the software contained in this
software package, 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 software and accompanying
documentation to the place from which you obtained them
for a full refund.
Intellectual Property Rights. The software contained in
this software package ("Software") and accompanying user
documentation("Documentation") constitute intellectual
property of Imation and/or its licensor(s). The Software
and Documentation are protected by intellectual property
laws including U.S. copyright laws and international
copyright treaties. Licensee will preserve any
intellectual property notices provided in the Software
and Documentation. The Software and Documentation are
licensed, not sold.
License Grant. Imation grants to Licensee and Licensee
accepts a limited, nonexclusive license to use the
Software (in machine-executable object code form only)
and Documentation in conjunction with a single computer.
Imation and/or its licensor(s) retain all right, title,
and interest in the Software and Documentation.
Restrictions. Licensee will not make or have made, or
permit to be made, any copies of the Software or
Documentation, except for those copies of the Software
made by a single computer system for execution of the
Software, and except for a single copy of the Software
made for back-up purposes. Neither concurrent use of
the Software by multiple users nor use of the Software
via network access is permitted. Licensee will not
sublicense, rent, lease, lend, assign, share, transfer,
or otherwise dispose of the Software or Documentation,
except that Licensee may transfer the Software and
Documentation permanently, provided the recipient
agrees to the terms of this agreement. Licensee may
not reverse engineer, decompile, disassemble, decrypt,
alter, or otherwise translate the Software.
Export Compliance. Licensee will adhere to the U.S.
Export Administration Laws and Regulations and will
not export or re-export the Software, Documentation,
or any direct product thereof to any proscribed country
listed in the U.S. Export Administration Regulations
unless properly authorized by the U.S. Government.
U.S. Government Restricted Rights. The Software and
Documentation include commercial computer software
and commercial computer software documentation
developed exclusively at private expense by Imation
Enterprise Corp., 1 Imation Place, Oakdale,
Minnesota 55128 and Imation's Licensor, PGSoft, Inc.,
510 Lighthouse Avenue, Suite 1, Pacific Grove, CA
93950. U.S. Government rights to use, modify, reproduce,
release, perform, display, or disclose such computer
software and computer software documentation are subject
to the limited rights restrictions of DFARS
252.227-7015(b)(2) (June 1995) and/or subject to the
restrictions of DFARS 227.7202-1(a) (June 1995)and DFARS
227.7202-3(a) (June 1995), as applicable for U.S.
Department of Defense procurements and the limited rights
restrictions of FAR 52.227-14 (June 1987) and/or subject
to the restricted rights provisions of FAR 52.227-14
(June 1987) and FAR 52.227-19 (June 1987), as applicable,
and any applicable agency FAR Supplements, for
non-Department of Defense Federal procurements.
Term. This agreement is effective until terminated.
Licensee can terminate this agreement at any time by
discontinuing all use of the Software and Documentation.
Imation can terminate this agreement, in addition to
exercising any other right or remedy available to Imation
at law or in equity, immediately in the event that
Licensee fails to adhere to the terms of this agreement.
Upon termination, Licensee will promptly destroy or
return to Imation the Software and Documentation and
all copies or portions thereof.
No Warranty. THE SOFTWARE AND DOCUMENTATION ARE
PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. NEITHER IMATION NOR ITS
LICENSOR(S) WARRANTS OR MAKES ANY REPRESENTATION
THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE
WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED. FURTHER, NEITHER IMATION NOR
ITS LICENSOR(S) WARRANTS OR MAKES ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SOFTWARE OR THE DOCUMENTATION
IN TERMS OF THEIR COMPLETENESS, ACCURACY,
RELIABILITY OR OTHERWISE. LICENSEE ASSUMES THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE SOFTWARE. IF THE SOFTWARE PROVES DEFECTIVE,
LICENSEE -- AND NOT IMATION, ITS LICENSOR(S), OR
ITS AGENTS -- ASSUME THE ENTIRE RISK AND COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Limitation of Liability. THE CUMULATIVE LIABILITY OF
IMATION AND ITS LICENSOR(S), DISTRIBUTORS, DEALERS,
EMPLOYEES, OR AGENTS FOR ANY LOSS OR DAMAGES
ARISING OUT OF OR RELATING TO THIS AGREEMENT OR
LICENSEE'S USE OF THE SOFTWARE AND DOCUMENTATION WILL
IN NO EVENT EXCEED THE LICENSE FEE PAID TO IMATION
FOR USE OF THE SOFTWARE AND DOCUMENTATION. IMATION,
ITS LICENSOR(S), DISTRIBUTORS, DEALERS, EMPLOYEES,
OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOSS OF PROFITS, SAVINGS OR DATA) ARISING FROM
LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Tape-It is a trademark of PGSoft, Inc. No right, license,
or interest in or to such trademark is granted to
Licensee under this agreement.