Image for DOS using CUI distribution permissions and end-user license agreement
TERABYTE UNLIMITED (TRIAL-USE) LICENSE AGREEMENT
By using, copying, transmitting, distributing or installing
all or any part of the TeraByte trial version computer
software and documentation accompanying this License
Agreement (the "Evaluation Software"), you agree to all of
the terms and conditions of this License Agreement.
Please read the license terms and conditions below. If you
do not agree to all of the terms and conditions, then do not
use, copy, transmit, distribute, or install the trial
version computer software and documentation accompanying
this license Agreement.
TeraByte, Inc., dba TeraByte Unlimited ("TeraByte") and/or
its suppliers own the Evaluation Software and its
documentation, which are protected under applicable
copyright, trade secrets, and other laws. Your rights and
license to use the programs and the documentation are
limited to the terms and subject to the conditions set forth
(a) TRIAL USE IN YOUR OWN COMPUTER
(i) YOU MAY: use the Evaluation Software for evaluation
purposes in your own computer, for a period not to exceed
thirty (30) days after your first installation or use of the
Evaluation Software. You may not re-install or additionally
install the Evaluation Software for additional evaluation
(ii) Not "Free Software". This Evaluation Software is
not "free software", but a software copy with limited
license rights, as set forth in this Agreement.
(iii) Temporary Evaluation Use Only. You may use this
Evaluation Software without charge for a limited time only,
and solely to decide whether to purchase a paid license for
the software from TeraByte. If you wish to use the
Evaluation Software after the thirty (30) day evaluation
period, then you must purchase a Full Use license for the
software from TeraByte. You can visit TeraByte's web site at
www.terabyteunlimited.com, for further information.
(iv) NO CONTINUED USE WITHOUT REGISTRATION.
Unregistered use of the Evaluation Software after the thirty
(30) day trial period is an infringement of TeraByte's legal
and equitable rights, including but not limited to copyright
and trade secret rights, under U.S. and international laws.
(v) Notwithstanding the above, should you use, install,
copy, or download the Evaluation Software for a particular
purpose, and should the Evaluation Software successfully
accomplish that particular purpose, such use shall not be
considered evaluation purposes. In such case, you shall
immediately obtain the appropriate end user license.
(b) LIMITED DISTRIBUTION LICENSE
(i) IF YOU ARE AN INDIVIDUAL, YOU MAY: distribute
copies of the Evaluation Software to your friends or
associates, provided that you charge no fees nor request any
donations for this service, and that you convey only a
complete and unaltered copy of the original Evaluation
Software files, in the exact form that they were downloaded
(ii) ALL OTHER DISTRIBUTION is allowed only under the
terms set forth by TeraByte, if any, at the
www.terabyteunlimited.com web site. TeraByte may, at its
sole discretion, append a data record to the distribution files
for the Evaluation Software, in which event such data
record shall be automatically incorporated by reference.
Any distribution satisfying all of the distribution requirements
expressed at the web site or in that data record, if any, is
hereby authorized; all other distribution requires TeraByte's
advance written approval.
(iii) Each individual, and each vendor, wishing to
distribute the Evaluation Software package must
independently satisfy all terms of the limited distribution
(iv) You may make as many copies of this Evaluation
Software as you need, for purposes of the limited
distribution permitted in this Agreement.
(v) TERABYTE RESERVES THE RIGHT TO RETRACT OR CHANGE
ANY OR ALL OF THE ABOVE DISTRIBUTION RIGHTS AT ANY TIME, FOR
ANY OR NO REASON.
(c) YOU MAY NOT:
(i) permit others to use the Evaluation Software
unless they are properly licensed by TeraByte, either under
this Agreement or another agreement from TeraByte;
(ii) modify, translate, reverse engineer, decompile,
disassemble, or create derivative works based on, the
(iii) copy the Evaluation Software except as expressly
(iv) distribute the Evaluation Software, bundle it
with other products, rent, lease, sell, grant a security
interest in, or otherwise transfer rights to, or possession
of, the Evaluation Software or any copy thereof, except as
may be expressly provided in this Agreement;
(v) remove or alter any proprietary notices, labels
or legends on any copy of the Evaluation Software; or
(vi) ship or transmit (directly or indirectly) any
copies of the Evaluation Software or their media, or any
direct product thereof, to any country or destination
prohibited by the United States Government.
(d) RESERVATION OF RIGHTS. All rights and licenses not
expressly granted by TeraByte in this Agreement are entirely
and exclusively reserved to TeraByte.
2. TERM AND TERMINATION: This Agreement shall remain
effective until this Agreement is terminated, provided that
in no event shall your evaluation rights hereunder extend
beyond the thirty (30) day period set forth in Section 1
above. You may terminate it at any time by destroying the
distribution media together with all of your copies of the
Evaluation Software in any form. This Agreement will also
automatically terminate, without notice, if you fail to
comply fully with any term or condition of this Agreement,
or if your normal business operations are disrupted or
discontinued for more than thirty days by reason of
insolvency, bankruptcy, receivership, or business
termination. Upon termination of this Agreement, you must
destroy all copies of the Evaluation Software in any form.
3. OWNERSHIP AND CONFIDENTIAL INFORMATION: TeraByte or its
licensors own the Evaluation Software under copyright, trade
secret and all other laws that may apply. All product
names, designs, and logos associated with the Evaluation
Software are trademarks of TeraByte. The source code of the
Evaluation Software and all information regarding the
design, structure or internal operation of the Evaluation
Software are valuable trade secrets of TeraByte or third
parties with which TeraByte has licensing arrangements
("Confidential Information"), provided however, that
"Confidential Information" shall not include information
which otherwise would be Confidential Information to the
extent that such information was publicly known or otherwise
known to you previously to the time of disclosure, which
subsequently became known through no act or omission by you,
or which otherwise became known to you other than through
disclosure by TeraByte. You shall not sell, transfer,
publish, disclose, display or otherwise permit access to any
Confidential Information by any third party, nor may you use
any of the Confidential Information, except strictly as part
of the Evaluation Software in the form originally
distributed by TeraByte.
4. LIMITED WARRANTY: THE EVALUATION SOFTWARE IS PROVIDED
ENTIRELY "AS-IS". TERABYTE MAKES NO WARRANTIES, EXPRESSED
OR IMPLIED, WITH RESPECT TO THE EVALUATION SOFTWARE, ITS
MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
TERABYTE DOES NOT WARRANT THAT THE EVALUATION SOFTWARE WILL
MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE
EVALUATION SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING THE
EVALUATION SOFTWARE, AND THAT IF YOU USE THE EVALUATION
SOFTWARE IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE
DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE EVALUATION
SOFTWARE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some
jurisdictions do not allow exclusions of an implied
warranty, so this disclaimer may not apply to you and you
may have other legal rights that vary by jurisdiction.
5. LIMITATION OF LIABILITY. ANY LIABILITY OF TERABYTE WILL
BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF
PURCHASE PRICE. IN ADDITION, IN NO EVENT WILL TERABYTE, NOR
ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION,
PRODUCTION, OR DELIVERY OF THE EVALUATION SOFTWARE, BE
LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF
INCOME, USE OR INFORMATION, RELATING EITHER TO THE USE OF
THE EVALUATION SOFTWARE, OR YOUR RELATIONSHIP WITH TERABYTE,
EVEN IF TERABYTE HAS BEEN ADVISED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGES OR CLAIMS. Any suit or other
legal action relating in any way to this Agreement or to the
Evaluation Software must be filed or commenced no later than
one (1) year after it accrues. You may also have other
rights which vary from state to state.
6. HIGH RISK ACTIVITIES. The Evaluation Software is not
fault-tolerant and is not designed, manufactured or intended
for use on equipment or software running in hazardous
environments requiring fail-safe performance, including but
not limited to the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control,
direct life support machines, or weapons systems, in which
the failure of the Evaluation Software could contribute to
death, personal injury, or severe physical or environmental
damage ("High Risk Activities"). TERABYTE AND ITS SUPPLIERS
SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF
FITNESS OF THE EVALUATION SOFTWARE FOR HIGH RISK ACTIVITIES.
TERABYTE DOES NOT AUTHORIZE USE OF THE EVALUATION SOFTWARE
FOR ANY HIGH RISK ACTIVITY. YOU AGREE TO DEFEND AND
INDEMNIFY TERABYTE, AND HOLD TERABYTE HARMLESS, FROM AND
AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, COSTS JUDGMENTS
AND DAMAGES OF ANY KIND IN CONNECTION WITH USE IN RELATION
TO ANY HIGH RISK ACTIVITY OF ANY COPY OF THE EVALUATION
SOFTWARE RELATING TO THIS LICENSE.
7. RESTRICTED RIGHTS - COMMERCIAL COMPUTER SOFTWARE. The
parties acknowledge and agree that: (a) any and all products
covered by this Agreement are, and shall be, deemed
"commercial computer software" for all purposes in relation
to U.S. government acquisition laws, rules and regulations,
and (b) all use, duplication and disclosure by, for, or on
behalf of the U.S. Government is subject to all conditions,
limitations and restrictions applicable to "commercial
computer software" as set forth in FAR section 12.212 and in
DFAR sections 227.7202-1, 227.7202-3, and 227.7202-4.
(a) ENTIRE AGREEMENT. This Agreement constitutes the
entire agreement between you and TeraByte in regard to the
subject matter herein, and supersedes all previous and
contemporaneous agreements, proposals and communications,
written or oral between you and TeraByte. No amendment of
this Agreement shall be effective unless it is in writing
and signed by duly authorized representatives of both
(b) NON-WAIVER. Waiver by TeraByte of any violation of any
provision of this License shall not be deemed to waive any
further or future violation of the same or any other
(c) LAW AND JURISDICTION. This License and any dispute
relating to the Evaluation Software or to this License shall
be governed by the laws of the United States and the laws of
the State of Nevada, without regard to U.S. or Nevada choice
of law rules. You agree and consent that jurisdiction and
proper venue for all claims, actions and proceedings of any
kind relating to TeraByte or the matters in this License
shall be exclusively in courts located in Las Vegas, Nevada.
If a court with the necessary subject matter jurisdiction
over a given matter cannot be found in Las Vegas, then
jurisdiction for that matter shall be exclusively in a court
with the proper jurisdiction as close to Las Vegas as
possible, and within Nevada if possible.
(d) SEVERABILITY. If any part or provision of this License
is held to be unenforceable for any purpose, including but
not limited to public policy grounds, then you agree that
the remainder of the License shall be fully enforceable as
if the unenforceable part or provision never existed.
(e) NON-ASSIGNMENT. You may not assign this License without
the prior written consent of TeraByte, except as part of a
sale of all or substantially all of the assets of your
(f) NO THIRD PARTY BENEFICIARIES. There are no third party
beneficiaries of any promises, obligations or
representations made by TeraByte herein.
(g) HEIRS AND ASSIGNS. This Agreement shall be binding on
and shall inure to the benefit of the heirs, executors,
administrators, successors and assigns of the parties
hereto, but nothing in this paragraph shall be construed as
a consent by TeraByte to any assignment of this agreement
except as provided hereinabove.
(h) SURVIVAL. The provisions of paragraphs 1(a)(iv),
1(c)(ii) and 3 of this Agreement shall survive any
termination or expiration of this Agreement.