SmartDisk none manual FireFly User Guide

3Ownership of software. As Licensee, you own the media upon which the software is recorded or fixed, but SmartDisk and its licensors retain the title and ownership of the Software recorded on the original media and all subsequent copies of the Software, regardless of the form or media on which the original and other copies may exist. This license is not a sale of the Software or any copy.

4Term. You may terminate the license at any time by destroying the Software (including the related documentation) together with all copies in any form. SmartDisk will have the right to terminate your license immediately if you fail to comply with any term or condition of the Agreement. Upon any termination, including termination by you, you must destroy the Software (including the related documentation), together with all copies of modifications in any form.

5Confidentiality. You agree to maintain the Software in confidence and that you will not disclose the Software to any third party without the express written consent of SmartDisk. You further agree to take all reasonable precautions to preclude access of unauthorized persons to the Software.

6Limited Warranty. SmartDisk and its Licensors warrant that the media on which the Software is distributed will be free from defects for a period of sixty (60) 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 SmartDisk will replace any defective media returned to SmartDisk within the warranty period. SmartDisk 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. SMARTDISK AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES SMARTDISK AND ITS LICENSORS WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, SMARTDISK MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

7Export. You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Software. You agree that you will not export or re- export the Software or documentation in any form in violation of applicable United States and foreign law.

8U.S. Government Restricted Rights: RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the Government is subject to restrictions of this Agreement in accordance with 48.C.F.R. 12.212 of the Federal Acquisition Regulations and its successors an 49 C.F.R.

227.7202-1 of the DoD FAR Supplement and its successors.

9Limitation of Liability. IN NO EVENT WILL SMARTDISK 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 SMARTDISK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion of limitation of special, incidental or consequential damages, so the above limitation or exclusion may not apply to you.

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