-5-
6. NO WARRANTY. The Software is being provided to you AS IS. PowerQuest does not warrant
the Software to end users. If the Software fails to perform substantially in accordance with
the documentation provided to your hardware supplier, PowerQuest will repair or replace the
copy ofthe Software provided to your hardware supplier and will authorize your hardware
supplier to provide such repaired or replaced Software to you without charge.
7. LIMITATION OF LIABILITY. NEITHER POWERQUEST NOR ITS SUPPLIERS SHALL
IN ANY EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF
OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING
BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS, EVEN IF POWERQUEST CORPORATION HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH LIABILITY IS BASED
ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE
GROUNDS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This License Agreement constitutes the entire agreement between you and PowerQuest pertaining to
its subject matter. This License Agreement is governed by the laws of the State of Utah. Any
litigation arising from this license will be pursued only in the state or federal courts located in the State
of Utah.
Should you have any questions concerning this Agreement, or if you desire to contact PowerQuest
Corporation for any reason, write: PowerQuest Corporation, P.O. Box 1911, Orem, Utah 84059
U.S.A.
© 1994-2001 PowerQuest Corporation. All rights reserved. The Software may be protected by U.S.
patents, with other patents pending in the U.S.A. and elsewhere. PowerQuest is a registered
trademark and EasyRestore is a trademark of PowerQuest Corporation.