Utilities

OneTouch Family

Software License Agreement

IMPORTANT - READ CAREFULLY BEFORE DOWNLOADING SOFTWARE

USE OF SOFTWARE OBTAINED FROM MAXTOR.COM IS SUBJECT TO THESE MAXTOR SOFTWARE LICENSE TERMS (“LICENSE”). BY DOWNLOADING AND INSTALLING THE MAXTOR SOFTWARE PRODUCT (“SOFTWARE”), YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT DOWNLOAD THE SOFTWARE OR INSTALL IT ON YOUR SYSTEM. MAXTOR RESERVES THE RIGHT TO RECORD AND MAINTAIN RECORDS OF ALL DOWNLOAD ACTIVITIES.

1. License. The Software is licensed and not sold. Maxtor grants to you a personal, nonexclusive license to Use the Software only on a computer that is directly or indirectly coupled to or part of, and only for operation in conjunction with, a Maxtor storage product. “Use” means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software. You are obtaining no rights in the Software except those given in this limited license.
    
2. Ownership. The Software, together with all intellectual property rights embodied therein, is owned by Maxtor and/or its third party suppliers and the Software is protected by United States copyright laws and international treaties. Your license confers no title or ownership in the Software. Maxtor’s third party suppliers may protect their rights in the event of any violation of this License.
    
3. Copies. You may make one copy of the Software for backup or archival purposes, or when copying is an essential step in the authorized Use of the Software. You must reproduce all copyright notices in the original Software on all copies. You may not copy the Software onto any bulletin board or similar system, nor can you copy the user documentation provided with the Software except for your own authorized use.
    
4. Restrictions on Use. The Software contains copyrighted material, trade secrets, and other proprietary material of Maxtor and its suppliers. You are not permitted to (i) modify, adapt, alter, translate, decompile, disassemble or otherwise reverse engineer the Software or reduce the Software to human-readable form by any means whatsoever; (ii) remove any identification, copyright or other notices from the Software; or (iii) create a derivative work of any part of the Software; or (iv) rent, lease, loan or distribute the Software in whole or in part. In addition to the restrictions set forth above, you are expressly not permitted to Use the Software for use in conjunction with the operation of nuclear facilities, aircraft navigation, aircraft communication, aircraft flight control, aircraft air traffic control systems, weapons devices or systems, or in any device or systems in which a malfunction (including, without limitation, software related delay or failure) would result in foreseeable risk of injury or death to the operator or system, or to others. If European Community law is applicable, the restrictions in Section 4(i) are limited so that they prohibit such activity only to the maximum extent such activity may be prohibited without violating the EC Directive on the Legal Protection of Computer Programs. Notwithstanding the foregoing, prior to any such legally excused decompiling, disassembly or reverse engineering of the Software, you must first issue a written request to Maxtor for information or assistance and you shall refrain from decompiling, disassembly, or otherwise reverse engineering any of the Software unless Maxtor cannot, or fails, to comply with such request within a commercially reasonable period of time.
    
5. Transfer. Your license will automatically terminate upon any transfer of the Software. Upon transfer, you must cease all use and deliver the Software, including any copies and related documentation, to the transferee. The transferee must accept and be bound by this License as a condition of the transfer.
    
6. Third Party Software. The download of the Software may also include third software products (“Third Party Software”), which require that you enter into, or be subject to, a separate license agreement with the publisher of such software in conjunction with your original installation. You understand that your use of the Third Party Software is governed by the terms of that end user license agreement and not by this License, and you agree to abide by that third party license agreement. In particular, the Third Party Software includes software licensed under the GNU General Public License, which is available as a separate file with the download of the Software.
    
7. Termination. Maxtor may terminate your license upon notice of failure to comply with any of the terms of this License. Upon termination, you must immediately destroy the Software, together with all copies thereof. The disclaimers in Sections 8 and 9 and the provisions of Sections 6, 10, 11 and 12 shall survive any termination.
    
8. Disclaimer of Warranty. Maxtor is licensing the Software to you “as is” and without any warranty of any kind. You accept all risks, which may arise from the downloading the Software, including, without limitation, errors in transmission or corruption of existing data or software. Neither Maxtor nor its suppliers does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or that the Software will be error-free. MAXTOR AND ITS SUPPLIERS HEREBY DISCLAIM WITH REGARD TO THE SOFTWARE ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not be applicable to you. This limited warranty provides specific legal rights. Other rights may vary from jurisdiction to jurisdiction.
    
9. Limitation of Liability. EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW OR FOR BODILY INJURY, IN NO EVENT SHALL MAXTOR OR ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR DOWNTIME COSTS) ARISING OUT OF THE USE OF, INABILITY TO USE, OR THE RESULTS OF USE OF, THE SOFTWARE, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF MAXTOR OR ITS SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC MAXTOR PRODUCT TO WHICH THE LIABILITY IS RELATED. THE FOREGOING LIMITATION SHALL NOT APPLY TO ANY DAMAGES INTENTIONALLY CAUSED BY MAXTOR IF NOT ALLOWED BY EU OR EU MEMBER STATE LAW. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to you.
    
10. Export Restrictions. You agree and certify that neither the Software nor any technical data received from Maxtor, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside the United States, you agree that you will not re-export the Software nor any other technical data received from Maxtor, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software. You agree to comply fully with all laws and regulations of the United States and other countries to assure that neither the Software, not any direct products thereof are: exported, directly or indirectly, in violation of any applicable export control laws or used for any purpose prohibited by such export control laws, including, without limitation, nuclear, chemical or biological weapons proliferation. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; (ii) or to anyone on the U.S. Treasury Department’s Table of Denial Orders. You may not export or re-export or transfer the Software or any portion or copy thereof in violation of applicable export, import or other laws or regulations.
     
11. Government Restricted Rights. The Software is provided with RESTRICTED RIGHTS. The Software is a commercial software product, licensed on the open market, and was developed entirely at private expense and without government funds. Any use, modification, reproduction, release, performance, display, or disclosure of the Software by any government entity shall be governed solely by the terms of this License and shall be prohibited except to the extent expressly provided under this License. No license to the Software is granted to any government entity requiring different terms. Use, duplication, or disclosure by the U.S. 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 clause at 48 CFR 52.227-19, as applicable. Manufacturer is Maxtor Corporation, 500 McCarthy Blvd., Milpitas, CA 95035.
     
12. General. This License will be governed by the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents, without regard to principles of conflicts of laws. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. This License may only be modified by a written document, which has been signed by both you and Maxtor. Should any provisions of this License be declared invalid by any court of competent jurisdiction, the balance of the License will remain in full force and effect. This is the entire agreement between you and Maxtor, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this License. This License shall be exclusively interpreted in accordance with the English language with the meaning of its terms. Should a translated version of this License deviate from the English language version, only the English version shall apply and be binding.