Appendixes
A-17
computer. This License authorizes you to use the Software for disaster recovery purposes only, to restore
the hard disk image contained on the CD to the computer with which the CD and Software were originally
shipped.
3. NONPERMITTED USES. Without the express permission of PowerQuest, you may not (a) use, copy,
modify, alter, or transfer, electronically or otherwise, the Software or documentation except as expressly
permitted in this License Agreement, or (b) translate, reverse program, disassemble, decompile, or
otherwise reverse engineer the Software.
4. TECHNICAL SUPPORT. PowerQuest is NOT responsible to provide technical support. Any and all
technical support questions, regarding the Software, should be referred to the place of purchase.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are acquiring the Software on behalf of any unit
or agency of the United States Government, the following provision applies: It is acknowledged that the
Software and the documentation were developed at private expense and that no part is in the public domain
and that the Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013or subparagraphs (c)(1) and (2) of
the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Contractor/manufacturer is PowerQuest Corporation/P.O. Box 1911/Orem, UT 84059.
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 of the 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.
