Software License Agreement: Important - Read Carefully

SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY:
THIS SOFTWARE LICENSE AGREEMENT (''Agreement'') is a legal agreement between you (either an
individual or a single entity) and Kingston Technology Company Inc. ("Kingston"). This Agreement
relates to the software accompanying this Agreement, which includes computer software and may include
associated media, printed materials, and ''online'' or electronic documentation (the ''Licensed Software'').
By downloading, installing, copying, or otherwise using the Licensed Software, you agree to be bound by
the terms of this Agreement and further agree that the third party licensors of Kingston providing licenses
for all or any portion of the Licensed Software shall be third party beneficiaries of this Agreement. If you
do not agree to the terms of this Agreement, do not install, copy or use the Licensed Software.
The Licensed Software is protected by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. The Licensed Software is licensed, not sold. The Licensed
Software is being provided solely for use with Kingston’s DataTraveler and IronKey product lines.
1. License Grant.
(a) Grant of License. Subject to the terms and conditions of this Agreement, Kingston hereby grants
you a nonexclusive, royalty-free, worldwide license (including the right to sublicense) to use, copy and
distribute the Licensed Software with Kingston’s DataTraveler and IronKey product lines.
(b) Restrictions on Use. The Licensed Software is licensed solely for use with and to support Kingston’s
DataTraveler and IronKey product lines. Use of this Licensed Software with, or to support, any other
flash disk, flash card, resident flash array or solid state disk of any kind is expressly prohibited, and
constitutes an illegal infringement of patents, copyright and other rights of Kingston and its third party
licensors in and to the Licensed Software.
2. Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the Licensed Software, except and only to the
extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3. Termination.
Without prejudice to any other rights, Kingston may terminate this Agreement if you fail to comply with
the terms and conditions of this Agreement. In such event, you must destroy all copies of the Licensed
Software and all of its component parts.
4. Intellectual Property Rights.
Title to the Licensed Software, and all rights with respect to the Software not specifically granted under
this Agreement, including without limitation all rights of modification, disassembly and decompilation
and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to
Kingston and its third party licensors. You may not remove or alter any "read-me" file or copyright
notices in the Licensed Software.
5. DISCLAIMER OF WARRANTIES.
To the maximum extent permitted by applicable law, Kingston, its suppliers and its the third party
licensors provide the Licensed Software ("Support Services") AS IS AND WITH ALL FAULTS, and
hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not
limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular
purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence
or lack of workmanlike effort, all with regard to the Licensed Software, and the provision of or failure to
provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR
NONINFRINGEMENT, WITH REGARD TO THE LICENSED SOFTWARE. THE ENTIRE RISK AS
TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE LICENSED
SOFTWARE AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE FULLEST EXTENT ALLOWED BY LAW, KINGSTON ALSO EXCLUDES FOR ITSELF,
ITS SUPPLIERS AND ITS THE THIRD PARTY LICENSORS ANY LIABILITY, WHETHER BASED
IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL,
INDIRECT, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF REVENUE OR PROFITS,
LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS
ARISING OUT OF OR IN CONNECTION WITH THE SALE, MAINTENANCE, USE,
PERFORMANCE, FAILURE OR INTERRUPTION OF THIS LICENSED SOFTWARE, EVEN IF
KINGSTON, ITS SUPPLIERS OR ITS THE THIRD PARTY LICENSORS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPLACEMENT,
REPAIR OR REFUND OF THE PURCHASE PRICE PAID, AT KINGSTON’s OPTION. THIS
DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED EVEN IF ANY
REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
7. LIMITATION OF LIABILITY AND REMEDIES.
In addition to the foregoing, and notwithstanding any damages that you might incur for any reason
whatsoever (including, without limitation, all damages referenced above and all direct or general
damages), the entire liability of Kingston, its suppliers and its third party licensors under any provision of
this Agreement and your exclusive remedy for all of the foregoing, shall be limited to the greater of the
amount actually paid by you for the Licensed Software or U.S.$5.00. The foregoing limitations,
exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any
remedy fails its essential purpose.
8. Miscellaneous.
The laws of the State of California, United States of America, exclusive of conflict-of-laws provisions,
shall govern this Agreement in all respects.
USE OF THE LICENSED SOFTWARE DESCRIBED HEREIN CONSTITUTES YOUR AGREEMENT

AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE
AGREEMENT.

Software License Agreement: Important - Read Carefully

Uploaded by

Copyright:

Available Formats

Software License Agreement: Important - Read Carefully

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Software License Agreement: Important - Read Carefully

Uploaded by

Copyright:

Available Formats

SOFTWARE LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY:

2. Limitations on Reverse Engineering, Decompilation, and Disassembly.

6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.

7. LIMITATION OF LIABILITY AND REMEDIES.

USE OF THE LICENSED SOFTWARE DESCRIBED HEREIN CONSTITUTES YOUR AGREEMENT

You might also like