VirtualDrive Pro distribution permissions and end-user license agreement

FARSTONE TECHNOLOGY, INC. (FARSTONE) END USER LICENSE AGREEMENT FOR VIRTUALDRIVE PR0, HEREAFTER REFERRED TO AS THE "SOFTWARE"

PLEASE READ CAREFULLY: THE USE OF THIS "SOFTWARE" IS SUBJECT TO THE "SOFTWARE" LICENSE TERMS OF FARSTONE AND OTHER LICENSORS WHOSE SOFTWARE MAY BE BUNDLED WITH THIS PRODUCT.
BY YOUR USE OF THE "SOFTWARE" INCLUDED WITH THIS PRODUCT YOU AGREE TO THE LICENSE TERMS REQUIRED BY THE LICENSOR OF THE "SOFTWARE", AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE LICENSE TERMS APPLICABLE TO THE "SOFTWARE", YOU MAY RETURN THE ENTIRE UNUSED PRODUCT FOR A FULL REFUND.

LICENSE AND WARRANTY:

The software which accompanies this license (the "Software") is the property of FARSTONE or its licensors and is protected by copyright law. While FARSTONE continues to own the Software, you will have certain rights to use the Software after your acceptance of this license. Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows:

A. Single User License:

(a) use the "Software" on a single computer system or network, and only by a single user at a time. If you wish to use the "Software" for more users, you will need an additional License for each user.

(b) make one copy of the "Software" in machine-readable form solely for back-up purposes, provided you reproduce FarStone`s copyright proprietary legends. Notwithstanding the foregoing, the "Software" may be used on the home, laptop or other secondary computer of the principal user of the "Software", and an additional copy of the "Software" may be made to support such use. As used in this License, the "Software" is "in use" when it is either loaded into RAM or installed on a hard disk or other permanent memory device. The "Software" may be "in use" on only one computer at any given time. (Different License terms and fees are applicable for networked or multiple user applications.) As a specific condition of this License, you agree to use the "Software" in compliance with all applicable laws, including copyright laws, and that you will not copy, transmit, perform or distribute any audio or other content using the "Software" without obtaining all necessary Licenses or permissions from the owner of the content.

B. Multiple User License:

Make one copy of the "Software" in machine-readable form solely for back-up purposes, provided you reproduce FarStone`s copyright proprietary legends.

You must acquire and dedicate a License for each separate computer on which any part or portion of the "Software" is installed or run As used in this License, the "Software" or any part or portion of the "Software" is "in use" when it is either loaded into RAM or installed on a hard disk or other permanent memory device including any networked or shared environment where either direct or indirect connections are made through software or hardware which pools or aggregates connections.

As a specific condition of this License, you agree to use the "Software" in compliance with all applicable laws, including copyright laws, and that you will not copy, transmit, perform or distribute any audio or other content using the "Software" without obtaining all necessary Licenses or permissions from the owner of the content.

C. Restrictions: You may not distribute copies of the "Software" to others or electronically transfer the "Software" from one computer to another over a network. You may not post or otherwise make available the "Software", or any portion thereof, in any form, on the Internet. You may not use the "Software" in a computer service business, including in time-sharing applications. The "Software" contains trade secrets and, in order to protect them, you may not decompile, reverse engineer, disassemble, or otherwise reduce the "Software" to a human-perceivable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE WORKS BASED UPON THE "SOFTWARE" OR ANY PART THEREOF.

D. Limited Warranty:

Farstone warrants that the media on which the Software is distributed will be free from defects for a period of fifteen (30) days from the date of delivery of the Software to you. Your sole remedy in the event of a breach of this warranty will be that Farstone will, at its option, replace any defective media returned to Farstone within the warranty period or refund the money you paid for the Software. Farstone does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.

THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

E. Limitation of Liability: IN NO EVENT WILL FARSTONE OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF FARSTONE OR A LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above limitation or exclusion may not apply to you.

F. General: You acknowledge that you have read this Agreement, understand it, and that by using the "Software" you agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between FarStone and you, and supersedes any proposal or prior agreement, oral or written, and any other communication between FarStone and you relating to the subject matter of this Agreement. No additional or any different terms will be enforceable against FarStone unless FarStone gives its express consent, including an express waiver of the terms of this Agreement, in writing signed by an officer of FarStone. You assume full responsibility for the use of the "Software" and agree to use the "Software" legally and responsibly.

Should any provision of this Agreement be declared unenforceable in any jurisdiction, and then such provision shall be deemed severable from this Agreement and shall not affect the remainder hereof. FarStone reserves all rights in the “Software” not specifically granted in this Agreement.

Should you have any questions concerning this Agreement, you may contact FarStone by writing to:

FarStone Technology, Inc.
Legal Department
6 Morgan, Suite 160
Irvine, CA 92618

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