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4 Copyright (c) 2000-2009 Acronis. All rights reserved.
Copyright (c) 2009 Seagate Technology LLC. All Rights Reserved.
3. Restrictions. You are not entitled to do any of the following:
a. Create derivative works based on the Product or any part or component
thereof, including, but not limited to, the Software;
b. Reproduce the Product, in whole or in part;
c. Except as expressly authorized by Section 10 below, sell, assign, license,
disclose, or otherwise transfer or make available the Product, in whole or in
part, to any third party;
d. Alter, translate, decompile, or attempt to reverse engineer the Product or any
part of component thereof, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this contractual
prohibition;
e. Use the Product to provide services to third parties; or
f. Remove or alter any proprietary notices or marks on the Product.
4. Updates. If you receive an update or an upgrade to, or a new version of, any Software
(―Update‖) you must possess a valid license to the previous version in order to use the
Update. All Updates provided to you shall be subject to the terms and conditions of this
EULA. If you receive an Update, you may continue to use the previous version(s) of the
Software in your possession, custody or control. Seagate shall have no obligation support
the previous versions of the Software upon availability of an Update. Seagate has no
obligation to provide support, maintenance, Updates, or modifications under this EULA.
5. NO WARRANTY. THE PRODUCT IS OFFERED ON AN ―AS-IS‖ BASIS AND NO WARRANTY,
EITHER EXPRESS OR IMPLIED, IS GIVEN. SEAGATE AND ITS SUPPLIERS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEAGATE
OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET
ANY DUTY INCLUDING OF GOOD FAITH OR REASONABLE CARE, FOR NEGLIGENCE, AND
FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY
WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT OR ANY PART OR
COMPONENT THEREOF OR RELATED SERVICE, OR OTHERWISE UNDER OR IN
CONNECTION WITH ANY PROVISION OF THE EULA, EVEN IN THE EVENT OF THE FAULT,
TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF
CONTRACT, OR BREACH OF WARRANTY OF SEAGATE OR ITS SUPPLIERS, AND EVEN IF
SEAGATE OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS
AGREEMENT OR ANY REMEDY.
4


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