Image for Linux 2.08

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

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

below.

1. LICENSE:

(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

periods.

(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.

(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

from www.terabyteunlimited.com.

(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

license.

(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

Evaluation Software;

(iii) copy the Evaluation Software except as expressly

permitted above;

(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.

8. GENERAL.

(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

parties.

(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

provision.

(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

business.

(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.