Laplink PDAsync 4

Laplink Software Inc. License Agreement

BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE

READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY

ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE

COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN

US AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, BOTH

ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US

Laplink Software Inc. License Agreement

BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE

READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY

ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE

COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN

US AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, BOTH

ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US

RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. YOU

FURTHER AGREE THAT IF LAPLINK SOFTWARE INCORPORATED IS

REQUIRED TO ENGAGE IN ANY PROCEEDING, LEGAL OR OTHERWISE, TO

ENFORCE ITS RIGHTS UNDER THIS AGREEMENT, LAPLINK SOFTWARE

INC. SHALL BE ENTITLED TO RECOVER FROM LICENSEE, IN ADDITION TO

ANY OTHER SUMS DUE, REASONABLE ATTORNEY FEES, COSTS AND

DISBURSEMENTS.

OWNERSHIP OF SOFTWARE. You acknowledge and agree that all of the

computer programs and associated documentation contained in this package

(collectively, the "Software") are owned exclusively by Laplink Software and/or its

licensors. The Software is protected under copyright and other intellectual

property laws of the United States and international copyright treaties. You

acknowledge and agree that the price paid by you for the Software is a license

fee granting you only the rights set forth in this License Agreement.

LICENSE. Laplink Software grants to you, and you accept, a limited, nonexclusive

and revocable license to use the Software, in machine-readable, object

code form only. You agree to use the Software only as authorized in this License

Agreement. This License Agreement does not convey to you any ownership

rights or any other interest in the Software.

SCOPE OF LICENSE. You may not copy or make any changes or modifications

to the Software, and you may not translate, decompile, disassemble, or

otherwise reverse engineer the computer program(s). The Software is for

migrating files and settings from one computer (the "old computer") to another

computer (the "new computer"). You are allowed to download or otherwise

acquire the Software and install it on any computer(s) free of charge. Upon

payment of a migration fee, the Software transfers files and settings from your

old computer to your new computer. If you choose not to pay the migration fee,

the migration is not completed and you owe no payment to Laplink Software.

The Software may be freely distributed as long as it is distributed in its entirety,

including all program files and program documentation. The Software may not be

distributed through any means for a fee without the permission of Laplink

Software. Your adherence to this License Agreement will allow Laplink Software

Inc. to continue developing innovative and useful products and providing a high

level of customer service and support.

TERM. This license will become effective on the date you acquire the Software

and will remain in force until terminated. You may terminate this license at any

time by removing the Software from your computer and destroying the original

Software and all copies. This license will automatically terminate if you breach

any of the terms or conditions set out in this License Agreement. You agree to

remove the Software from your computer, and either to destroy the original

Software and all copies of the Software and documentation or to return them to

Laplink Software, upon termination of this license for any reason.

TRANSFER. You may transfer your license of the Software to another party by

transferring the original program media and all applicable documentation,

including the original of this License Agreement, to the recipient, who agrees to

the terms of this Agreement. All other copies of the Software must be deleted

and/or destroyed. Any transfer of possession of the Software terminates your

license and all associated benefits under this License Agreement. You must

notify Laplink Software in writing of such a transfer.

ARCHIVAL COPY. You may make one copy of this Software and associated

documentation solely for backup or archival purposes. Alternatively, you may

transfer this Software to a single hard disk drive, provided that you keep the

original program media and accompanying documentation in your possession for

backup or archival purposes. Any such copies of the Software or documentation

shall include Laplink Software's copyright and other ownership notices. No other

copies of Software or documentation may be made by you or any person under

your authority or control.

LIMITED WARRANTY. Laplink warrants the physical program media and

physical documentation to be free from defects in materials and workmanship for

a period of 30 (thirty) days from the date of your purchase. If you notify Laplink

Software of defects in materials or workmanship during the warranty period,

Laplink Software will replace the defective program media or documentation or,

at its option, refund the purchase price. Your remedy for breach of this warranty

shall be limited to replacement or refund and shall not encompass any other

damages. No dealer, distributor, agent or employee of Laplink Software is

authorized to make any modification or addition to the warranty and remedies

stated above.

LAPLINK SOFTWARE SPECIFICALLY DISCLAIMS ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE. Laplink Software DOES NOT WARRANT THE

PHYSICAL PROGRAM MEDIA, CABLE, PHYSICAL DOCUMENTATION OR

COMPUTER PROGRAM(S) OTHER THAN AS EXPRESSLY STATED ABOVE,

NOR DOES Laplink Software PROVIDE ANY WARRANTY AS TO THE

OPERATION OF THE SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR

APPLICATION, USE, OR PURPOSE.

LIMITATION OF LIABILITIES AND REMEDIES: IN NO EVENT SHALL Laplink

Software OR ITS LICENSORS HAVE ANY LIABILITY FOR ANY

CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL

DAMAGES, WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES

FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF

BUSINESS INFORMATION, AND THE LIKE ARISING OUT OF THIS

AGREEMENT, THE LICENSING OF SOFTWARE BY Laplink Software OR THE

PROVISION OF MAINTENANCE AND SUPPORT SERVICES BY LAPLINK,

EVEN IF LICENSEE HAS ADVISED Laplink Software OF THE POSSIBILITY OF

SUCH DAMAGES, AND INCLUDING UNDER ANY CLAIM OF NEGLIGENCE,

STRICT LIABILITY, DESIGN DEFECT,OR OTHER THEORY. IN NO EVENT

SHALL THE LIABILITY OF Laplink Software OR ITS LICENSORS EXCEED THE

PURCHASE PRICE PAID FOR THE SOFTWARE, LESS ALL APPLICABLE

TAXES AND DUTIES. SOME STATES DO NOT ALLOW THE EXCLUSION OR

LIMITATIONS OF LIABILITIY FOR INCIDENTAL OR CONSEQUENTIAL

DAMAGES, SO THE AFOREMENTIONED LIMITATION OR EXCLUSION MAY

NOT APPLY TO YOU.

U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with

Restricted Rights. Use, duplication, or disclosure by the United States

Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of The

Rights in Technical Data and Computer Software clause at DFARS 252.2277013

or subparagraphs (c)(1) and (2) of the Commercial Computer Software-

Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer

is Laplink Software Inc., 10210 NE Points Drive, Suite 400, Kirkland, Washington

98033 U.S.A.

UPDATES. To receive notification of future Software updates, please complete

and return the registration card. Also, please locate the serial number of your

copy of the Software on the program media. You will need this number to receive

updates and technical support from Laplink Software.

TRADEMARKS. LAPLINK, Laplink Software and the associated logo(s) are

registered trademarks of Laplink Software Inc. No right or license to any

trademarks owned by Laplink Software or others appearing in the Software or

packaging is granted to you by this License Agreement.

TERMINATION. This license and your right to use this software shall

automatically terminate if you fail to comply with any provision of this license and

warranty agreement.

MISCELLANEOUS. Unless otherwise restricted by law, you agree that this

License Agreement shall be construed, interpreted and governed by the laws of

the State of Washington of the United States of America, without regard to the

laws governing conflicts of law. If any action is brought by either party against the

other regarding any subject matter of this License Agreement, the prevailing

party shall be entitled to recover, in addition to any other relief granted,

reasonable attorney fees and expenses of litigation. You further agree that any

claim relating to this License Agreement shall be brought in the courts of

competent jurisdiction in the State of Washington. If any term of this License

Agreement is declared void or unenforceable by any court of competent

jurisdiction, enforcement of the remaining terms shall not be affected. No waiver

of any right under this License Agreement shall be effective unless in writing and

signed by both parties. No waiver of any past or present right arising from any

breach or failure to perform shall be deemed to be a waiver of any future right

arising under this License Agreement. This License Agreement sets forth the

entire agreement between Laplink and you with respect to all matters covered

herein.

IF YOU HAVE ANY QUESTIONS CONCERNING THIS LICENSE AGREEMENT,

PLEASE CONTACT Laplink Software, INC. AT 10210 NE POINTS DRIVE,

SUITE 400, KIRKLAND, WASHINGTON 98033 U.S.A. (425.952.6000 ), OR

CONTACT YOUR REGIONAL Laplink Software OFFICE.