|THIS IS A LEGAL AGREEMENT BETWEEN YOU and SEAGATE
TECHNOLOGY, LLC REGARDING SOFTWARE WHICH YOU MAY DOWNLOAD ("SOFTWARE").
PLEASE READ IT CAREFULLY. BY DOWNLOADING THE SOFTWARE, YOU INDICATE YOUR
AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU SHOULD EXIT THIS
PAGE AND DO NOT DOWNLOAD THE SOFTWARE.
License Grant. Seagate grants to you a personal, nonexclusive license to use one copy of the Software for your hard drive(s), tape drive(s), or other device(s) on a single computer. You are obtaining no rights in the Software except those given in this limited license.
Ownership. The Software is owned by Seagate and/or its suppliers. The Software is protected by United States copyright laws and international treaty provisions. YOU MAY NOT REVERSE ENGINEER, REVERSE COMPILE OR DISASSEMBLE THE SOFTWARE. You may not remove, alter or destroy any copyright, proprietary or confidential notices placed on the Software or the documentation. You may copy the Software solely to make one backup or archival copy. You may not copy the documentation.
No Transfers. You may not sublicense the Software. You may not transfer the Software to a third party unless you cease all use of it, transfer all copies of it and accompanying Documentation, and the transferee agrees to be bound by the terms of this Agreement.
NO WARRANTIES. THE SOFTWARE AND ANY RELATED DOCUMENTATION ARE PROVIDED TO YOU "AS IS." SEAGATE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, ORAL OR WRITTEN, TERMS, CONDITIONS, AND WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE ABOVE YOU ACCEPT THAT THE SOFTWARE MAY NOT MEET YOUR REQUIREMENTS, OPERATE ERROR FREE, OR IDENTIFY ANY OR ALL ERRORS OR PROBLEMS, OR DO SO ACCURATELY. This Agreement does not affect any statutory rights you may have as a consumer.
LIMITATION ON LIABILITY. IN NO EVENT SHALL SEAGATE BE LIABLE TO YOU, YOUR CUSTOMERS, OR OTHER USERS, FOR ANY DIRECT CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE LICENSE OF, USE OF, OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION DATA LOSS, EVEN IF SEAGATE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SEAGATE'S LIABILITY EXCEED THE LICENSE FEE PAID BY YOU OR $1. THIS LIMITATION OF LIABILITY AND RISK IS REFLECTED IN THE PRICE OF THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITATIONS ON CONSEQUENTIAL DAMAGES.
Term. Seagate may immediately terminate this Agreement and the license it grants if you fail to comply with any material term or condition. Upon such termination you must immediately cease using the Software and must follow Seagate's instructions regarding return of the Software. ALL DISCLAIMERS HEREIN SHALL SURVIVE TERMINATION.
International Trade Compliance. The Software and any related technical data made available for download under this EULA is subject to the customs and export control laws and regulations of the United States ("U.S.") and may also be subject to the customs and export laws and regulations of the country in which the download is contemplated. Further, under U.S. law, the Software and any related technical data made available for download under this EULA may not be sold, leased or otherwise transferred to restricted countries, or used by a restricted end-user or an end-user engaged in activities related to weapons of mass destruction including, without limitation, activities related to designing, developing, producing or using nuclear weapons, materials, or facilities, missiles or supporting missile projects, or chemical or biological weapons. You acknowledge that you are not a citizen, national, or resident of, and are not under control of the government of Cuba, Iran, North Korea, Sudan or Syria, and that you will not download or otherwise export or re-export the Software and any related technical data directly or indirectly to the above mentioned countries nor to citizens, nationals, or residents of those countries.
Miscellaneous. This is the entire Agreement between you and Seagate, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. The parties disclaim the application of the United Nations Convention on the International Sale of Goods. The parties agree that the law of California, USA, excluding its conflict of law rules, shall govern. Any lawsuit involving this Agreement must be brought in a court in California, and you hereby consent to jurisdiction in California. If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement.
Seagate is a Delaware Limited Liability Company with
its primary place of business located at 920 Disc Drive, Scotts Valley,