SOFTWARE.
This End User License Agreement covers software and/or documentation downloaded from the HGST or G-Technology website (jointly, the “Software”).
LICENSE.
Subject to the terms and conditions of this Agreement, HGST grants to the original end user of the products (“Licensee”) a personal, nonexclusive and nontransferable license to use the specific Software and related product documentation (the “Documentation”) in object code form only, in accordance with the terms and conditions of this agreement solely in connection with the use of HGST/G-Technology products.
COPIES.
Licensee agrees not to make any copies of the Software or the Documentation, in whole or in part, other than one copy for archival purposes only. Licensee agrees not to modify, translate, reverse engineer, de-compile, disassemble, or create derivative works based on the Software, except to the extent that such limitation is prohibited by applicable law. Licensee agrees to take reasonable steps to safeguard copies of the Software and Documentation against disclosure, copying or use by unauthorized persons, and to take reasonable steps to ensure that the provisions of this license are not violated by Licensee's employees or agents.
PROPRIETARY INFORMATION.
Licensee agrees that aspects of the Software and Documentation constitute trade secrets and/or copyrighted material of HGST or its suppliers. Licensee shall not disclose, provide, or otherwise make available such trade secrets or copyrighted material to any third party without the written consent of HGST.
TITLE.
All right, title and interest in and to the Software and Documentation, including all intellectual property rights therein, shall remain the property of HGST or its suppliers, subject only to the limited license granted to Licensee. This license is not a sale and does not transfer to Licensee any title or ownership in or to the Software or the Documentation or any patent, copyright, trade secret, trade name, trademark or other proprietary or intellectual property rights related thereto.
NO WARRANTY.
THE SOFTWARE AND DOCUMENTATON ARE PROVIDED “AS IS.” HGST EXPRESSLY DISCLAIMS AND NEGATES ALL WARRANTIES FOR THE SOFTWARE AND DOCUMENTATON, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, AND HGSTSPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. HGST does not warrant that the Software will meet Licensee’s requirements or that the operation of the Software will be uninterrupted or error free. This statement gives Licensee specific legal rights. Licensee may also have other rights, which vary from state to state or country to country.
LIMITATION OF LIABILITY.
IN NO EVENT WILL HGST OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF HGSTOR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall HGST or its suppliers' liability to Licensee, whether in contract, tort (including negligence), or otherwise, exceed the license fees paid by Licensee. Some states or countries do not allow exclusion or limitation of incidental or consequential damages or limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to Licensee.
TERMINATION.
This agreement shall continue in effect until terminated hereunder. This agreement shall terminate automatically on Licensee's failure to comply with any of the provisions herein, including any attempt to transfer this license or the Software or Documentation. Upon any termination, Licensee shall promptly destroy or return to HGST all copies of the Software and Documentation, including all original and archival copies. No refunds shall be given for such returned materials. Notwithstanding any termination of this License, the rights and obligations relating to title, warranty, termination and limitation of liability, as well as any other provisions which survive by their terms, shall survive termination:
- RESTRICTED RIGHTS. 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. Manufacturer is HGST, Inc. 3403 Yerba Buena Rd, San Jose, California 95135.
- MISCELLANEOUS. Licensee may not assign or transfer any of its rights or delegate any of its obligations under this agreement. No delay, failure or waiver by either party to exercise any right or remedy under this agreement shall operate to waive any exercise of such right or remedy or any other right or remedy. Licensee shall comply with all export laws and regulation of the United States to assure that the Software is not exported, directly or indirectly, in violation of U.S. law. This agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles and without regard to the 1980 U.N. Convention on Contracts for the International Sale of Goods. If any provision in this agreement shall be found or be held to be invalid or unenforceable, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and the remainder of this agreement shall remain in full force and effect. This agreement constitutes the entire agreement between Licensee and HGST with respect to the subject matter of this agreement.
- PROPRIETARY NOTICES. Licensee shall maintain and reproduce all copyright and other proprietary notices on all copies of the Software in the same form and manner that such notices are included on the Software. G-Technology is a registered trademark of HGST, Inc. and its affiliates in the United States and/or other countries. All HGST/G-Technology product names are trademarks and/or service marks of HGST, Inc. and its affiliates in the United States and/or other countries.