DriveWatcher 1.0

English

WireDice

Software License Agreement

Single Use License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE WIREDICE’S SOFTWARE AND (IF APPLICABLE) RETURN THE WIREDICE’S SOFTWARE TO THE PLACE WHERE YOU OBTAIN IT FOR A REFUND.

English

WireDice

Software License Agreement

Single Use License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE WIREDICE’S SOFTWARE AND (IF APPLICABLE) RETURN THE WIREDICE’S SOFTWARE TO THE PLACE WHERE YOU OBTAIN IT FOR A REFUND.

1. GENERAL The software (including drivers, graphics, scripts, HTML pages, help files), documentation and any font accompanying this license whether on disk, in read only memory, on any other media or in any other form (collectively the “WireDice Software”) are licensed, not sold, to you by WireDice for use only under the terms of this license, and WireDice reserves all rights not expressly granted to you. The rights granted herein are limited to WireDice intellectual property rights in the WireDice’s Software and do not include any other patents or intellectual property rights. You own the media on which the WireDice Software is recorded but WireDice/or WireDice’s licensor(s) retain ownership of the WireDice’s Software itself.

2. Permitted License Uses and Restrictions This license allows you to install and use one copy of the WireDice’s Software on a single WireDice’s labeled device or computer at a time. The WireDice Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. This License does not allow the WireDice Software to exist on more than one such device or computer at a time, and you may nor make the WireDice Software available over a network where it could be used by multiple device or multiple computers at the same time. You may make one copy of the WireDice Software (excluding any coding) in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you ay not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the WireDice Software or any part thereof. Any attempt to do so is a violation of the rights of the WireDice and its licensors of the WireDice Software. If you breach this restriction, you may be subject to prosecution and damages. THE WIREDICE’S SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS OTHER THEN THE FORM FROM WHICH THE DEVICE WAS MEANT FOR, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE WIREDICE’S SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SERVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3. Transfer You may not rent, lease, lend or sublicense the WireDice Software. You may, however, make a one-time permanent transfer of all of your license rights to the WireDice Software to another party, provided that: (a) the transfer must include all of the WireDice Software, including all its components parts, original media, printed materials and this license; (b) you do not retain any copies of the WireDice Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the WireDice Software reads agrees to accept the terms and conditions of the License.

4. Termination This License of effective until terminated. Your rights under this License will terminate automatically with notice from WireDice if you fail to comply with any terms(s) of this License. Upon the termination of this License, you shall cease all use of the WireDice Software and destroy all copies, full or partial, of the WireDice’s Software.

5. Limited Warranty on Media (if applicable) WireDice warrants the media on which the WireDice is recorded and delivered by WireDice (if any) to be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of original retail purchase. Your exclusive remedy under this section shall be, at WireDice option, a refund of the purchase price of the product containing the WireDice Software or replacement of the WireDice Software which is returned to WireDice or an WireDice’s authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPALIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PUPOSE, ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF ORGININAL RETAIL PURCHASE. SOME JURISIDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LAST, SO THE ABOVE LIMIATIONS MAY NOT APPLY TO YOU. THE LIMITED ARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRENTY GIVES YOU SPEIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.

6. Disclaimer of Warranties YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WIREDICE’S SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WIREDICE’S SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WIREDICE AND WIREDICE’S LICENSORS (COLLECTIVELY REFERRED TO AS “WIREDICE” FOR THE PURPOSE OF SECTION 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WIREDICE’S SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WIREDICE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WIREDICE’S SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE WIREDICE’S SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WIREDICE’S SOFTWARE WILL BE ININTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WIREDICE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WIREDICE OR WIREDICE’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE WIREDICE’S SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

7. Limitation of Liability TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WIREDICE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDIG, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTIONS OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WIREDICE’S SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WIREDICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTAIL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall WireDice’s total liability to you for all damages (other then as may be required by application law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8. Export Law Assurances You may not use or otherwise export or re-export the WireDice’s Software or Hardware except as authorized by the United States law and the laws of the jurisdiction in which the WireDice’s Software or Hardware was obtained. In particular, but without limitation, the WireDice’s Software/Hardware may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designed Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the WireDice’s Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

9. Making Digital Copies By storing content on this product you are making a digital copy. This product is for legal or right holder authorized use only. In some jurisdictions, it is unlawful to make digital copies without prior permission from the right holder.