SOFTWARE LICENSE AGREEMENT
Please read this software license agreement carefully before downloading or using the software products (“Software”).
By proceeding with the installation or downloading of the Software or using the equipment that contains this software, you are consenting to be bound by this agreement. If you do not agree to all of the terms of this agreement, do not download, install or use the Software.
- Grant of License
- Use and Indemnification
- Term and Termination
- Other Restrictions
- Patent and Copyright Indemnification
- Limited Warranty
- Limitation of Liability
- U.S. Government Restricted Rights
- Successors, Assignment
- Software components
- Export or Reexport
- Governing Law
GRANT OF LICENSE
OTHER WORLD COMPUTING, INC. (“OWC”) grants to you the non-exclusive right to install and use the Software in accordance with the terms and conditions set forth in this Agreement.
a. The Software may be installed on a computer or within a virtual (or otherwise emulated) computer system on a computer.
b. If this is a trial install, in order for the Software to continue functioning after the initial trial period, if any, each installation of the Software may require activation through the use of the Internet or telephone utilizing a validly-obtained license key. In such an event, you are authorized to activate the Software on a single computer, or on the number of computers otherwise authorized by OWC. During activation, the specific software license key is associated with the specific computer or virtual computer system. In the event of use within a virtual computer environment, each virtual computer system is treated as a separate computer and requires separate activation of the Software.
c. If activation is required, the activation technology in the Software is designed to prevent unlicensed or illegal use of the Software. You agree that OWC may use these measures and you agree to any requirements and limitations regarding such technological measures. The Software may need to be reinstalled and reactivated if you modify your computer hardware or operating system.
d. If activation is required, product activation is based on the exchange of information between your computer and OWC. No personally identifiable information is exchanged.
USE AND INDEMNIFICATION
You shall retain full control over the use of the Software and you assume all risks and liability for results obtained by the use of the Software. You shall indemnify, defend and hold OWC harmless from any loss, cost, damage, or expense, including attorneys’ fees, arising from any claim asserted against OWC that is in any way associated with your use of the Software. Because some states and countries do not allow the exclusion or limitation of liability of consequential or incidental damages, the above limitations may not apply to you.
No title to or ownership in the Software is transferred to you. Title to all applicable rights in patents, copyrights and trade secrets in the Software shall remain with OWC and/or any third party vendors (“Vendors”) from whom OWC has acquired rights to license components of the Software. The Software provided to you hereunder is proprietary to OWC and/or Vendor, and you shall be bound by and observe the proprietary nature thereof as herein provided.
EXCEPT AS EXPRESSLY AUTHORIZED IN WRITING BY OWC, YOU SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.
TERM AND TERMINATION
The term of this License shall commence on the date of installation and first use of the Software and shall continue until such time as you discontinue use of the Software, but otherwise shall be without restriction as to time. OWC shall have the right to terminate this License if you fail to comply with the License terms and conditions. Upon expiration of the License term or upon termination by reason of your default, you shall immediately return or destroy the Software and copies thereof as directed by OWC and, if requested by OWC, to certify in writing as to the destruction or return of the Software and all copies thereof. The provisions of this License which protect the proprietary rights of OWC shall continue in force after termination.
Software and all accompanying materials are owned by OWC and are protected by the United States copyright laws and international treaty provisions ©2001–2023 OTHER WORLD COMPUTING, INC. The unauthorized copying of the Software and the acquisition and/or use of unauthorized copies of the Software may be both criminal and civil offenses for which you may be liable for fines, damages and legal fees. If you attempt to use, copy or disclose any portion of the Software or any modification thereof or any of OWC’s confidential information in a manner contrary to the terms of this License, OWC shall have the right, in addition to other legal remedies, to injunctive relief enjoining such acts without the posting of a bond.
You may not rent or lease the Software to others, but you may transfer the Software and all accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the Software. If the Software has been updated, any transfer must include all versions.
PATENT AND COPYRIGHTINDEMNIFICATION
OWC shall defend any action, suit, or proceeding brought against you so far as it is based on a claim that the Software delivered hereunder infringes any United States patent or copyright, provided that you promptly notify OWC of the action and you give full authority, information and assistance for the defense of the action. OWC shall pay all damages and costs awarded therein against you, but shall not be responsible for any compromise made without its consent. OWC may, at its option and expense, replace or modify the Software so that infringement will not exist or refund to you the price thereof as depreciated or amortized by an equal amount over the lifetime of the Software as established by OWC. OWC’s commitment shall not extend to any infringement or claim thereof which is based upon the combination of the Software delivered hereunder with software not supplied by OWC.
OWC warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of purchase under normal use. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to you as the original licensee. Your exclusive remedy and the entire liability of OWC and its suppliers under this limited warranty will be, at OWC or its service center’s option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to you along with a copy of your proof of purchase. Outside the United States, these remedies are not available without proof of purchase from an authorized non-U.S. source. In no event does OWC warrant that the Software is error free or that you will be able to operate the Software without problems or interruptions. This warranty does not apply if the Software (a) has been altered, except by OWC, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by OWC, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultrahazardous activities.
EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. SOME STATES AND COUNTRIES DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL OWC OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF OWC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OWC’S OR ITS SUPPLIERS’ LIABILITY TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY CUSTOMER. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN NO EVENT SHALL THE LIABILITY OF OWC HEREUNDER EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT OR OTHERWISE.
U.S. GOVERNMENT RESTRICTED RIGHTS
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 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer is OWC, Inc., 8 Galaxy Way, Woodstock, IL 60098.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. You shall not assign or sublicense your rights or obligations under this Agreement except as provided herein.
This Agreement constitutes the entire agreement between OWC and you relative to this License. Any change hereto shall be effective only if in writing and signed by both a duly authorized agent of OWC and you.
EXPORT OR REEXPORT
If any provision or portion thereof of this License is held to be invalid, void or unenforceable, the remaining provisions of this License shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH.
This Agreement is governed by the laws of the State of Illinois, County of McHenry, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Software.
- Site Ownership; Agreement to Terms & Conditions
- Trademarks & Copyrights
- Purchases; Other Terms and Conditions
- Accounts & Passwords
- Links; Blogs and Other Third Party Content
- Limitation of Liability
- Information Disclosure
- Void where Prohibited
- Software components
Other World Computing, Inc. (“OWC”), DOES NOT WARRANT THIS SITE OR ANY CONTENT, VIDEOS, OR SERVICE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT AND VIDEOS ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. OWC DOES NOT GUARANTEE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE FROM VIRUSES OR OTHER DESTRUCTIVE FEATURES. OWC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. OWC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OWC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, THIRD PARTY CONTENT POSTED ON THE SITE, SITE CONTENT, VIDEOS, AND RELIANCE ON LINKED SITES.
SITE OWNERSHIP; AGREEMENT TO TERMS & CONDITIONS
These Terms and Conditions (the “Terms”) apply to the web site located at macdrive.com, and all connected sites linked to macdrive.com by New Concepts Development Corporation (“OWC”), its subsidiaries and affiliates, including Other World Computing, Inc. and OWC.com (collectively, the “Site”). The Site is the property of OWC and its licensors. IF YOU VISIT OR SHOP AT THE SITE, YOU ACCEPT THESE TERMS & CONDITIONS.
OWC reserves the right to modify these Terms at any time. It is your responsibility to check the Terms periodically for changes. Continued use of the Site following posting of changes means you agree to the changes. OWC may make changes to any products or services offered, or to the applicable prices for any such products or services, at any time, with or without notice.
All text, graphics, interfaces, pictures, trademarks, logos, sounds, music, art, Videos, and code (“Content”), including but not limited to the design, selection, “look and feel”, compilation, and arrangement of such Content, is protected by copyright, trademark, and various other intellectual property laws. VOYAGER trademark used under a license from the owner of U.S. Registration No. 3,089,301. All rights reserved. Except as expressly provided in the Terms, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial purpose, without OWC’s prior written consent.
All Site Instructional Videos (“Videos”), are owned or licensed by or to OWC, and are protected by copyright, trademark, and various other intellectual property laws. Except as expressly provided below, no part of the Videos may be copied, reproduced, republished, uploaded, posted, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial purpose, without OWC’s prior written consent.
OWC permits the downloading and distribution of its Videos, provided that you agree to comply with the following conditions in addition to the Terms:
- Videos may only be used in their complete, unmodified format. No clipping, altering, or creating derivative works of Videos in any manner is allowed;
- Videos may not be used for any commercial use, including but not limited to, selling Videos, incorporating Videos into other products intended for resale (for-profit); and using the Videos to directly or indirectly sell, market, or advertise your (or any other third party’s) products or services;
- Videos may not be used in any manner that would, in the sole discretion of OWC, harm the reputation of OWC, or in a manner that is inappropriate in light of community decency standards;
- OWC requests for consideration of Video use a prominent link back to macdrive.com and, where applicable, any referenced OWC product links shall be directed to the appropriate macdrive.com product description page;
- You agree to indemnify and hold harmless OWC, and its owners, affiliates, agents, and employees, from and against any claims, costs, or damages (including attorney’s fees) arising from your use and/or distribution of the Videos. Although every effort is made to provide the most accurate and useful information in Videos, no warranty, expressed or implied, is made regarding accuracy, completeness, reliability, or usefulness of any information. Models used for demonstration on Videos may vary from that used by you. You use the Videos at your own risk, and you agree OWC shall not be held liable for any use of the information contained in Videos;
- You agree to immediately cease using Videos upon receipt of notice from OWC that you are in violation of its conditions of Video use.
TRADEMARKS & COPYRIGHTS
The following is a non-exhaustive list of OWC’s trademarks and registered trademarks.
When using these marks in publications that will be distributed only in the USA:
The following symbols: ™, ℠, or ® should be used upon first usage of the protected name.
For publications that will be distributed outside the United States:
Do not include trademark symbols. Instead use the appropriate trademark attribution notice, for example:
Data Doubler is a trademark of New Concepts Development Corporation, registered in the U.S. Patent and Trademark Office.
Trademarks are adjectives, and cannot be made plural or possessive.
The absence of a logo, product name, or service name, from the list below does not constitute a waiver of OWC’s intellectual property rights, trademark rights, or other rights of that product, service name, or logo.
MacDrive™, the MacDrive logo
Software to read and write Mac disks on Windows computers.
XPlay™, the XPlay logo
Software to manage your iPod on Windows.
Mediafour™, the Mediafour logo
An OWC brand.
Data Storage devices, namely solid state drives (SSD’s).
Goods-Computer data back-up and storage systems comprised of multiple data storage devices, namely, blank hard drives, solid state drives, and/or flash based memory connected for the purpose of warehousing, networking, and routing multiple user data, computer peripheral devices, namely, host adapters, computer network adapters, switches, routers and hubs, mounting racks for computer hardware and host controllers, and computer software that provides a management utility interface for the storage, backup and retrieval of computer data information and related instructional manuals sold as a unit.
Computer data storage devices, namely, solid state drives.
Data Storage devices, namely solid state drives (SSD’s).
External storage solution.
Data Storage devices, namely solid state drives (SSD’s).
Data Storage devices, namely solid state drives (SSD’s).
Computer hardware, namely, PCI computer expansion cards and compatible enclosures for adding additional functionality to computer systems.
Computer peripherals, namely, enclosures for protecting and storing computer data storage devices, sold with or without computer data storage device.
Computer storage devices, namely solid state drives.
Enclosures for computer date storage devices, namely hard drives and solid state drives.
Peripheral devices for computers, tablet computers, laptop computers, and portable and handheld digital electronic devices designed for improved processing performance and/or retrieval, transmission, and storage of data.
Kits for mounting data storage devices to notebook and laptop computers, and component parts thereof, namely, brackets and circuit boards sold as a unit.
Kits for converting unused drive bays into usable space, primarily comprised of drive mounting brackets for computer hardware, screws, and instruction manuals for mounting data storage devices into computers and external storage devices, sold as a unit.
Computer memory upgrade kit comprising one or more computer memory modules, hand tool for installing computer memory module, and instruction manual.
STORAGE, MEMORY, COMPUTER PERPHERALS, ETC.
House mark for full line of computer hardware, computer data storage devices, and computer peripheral devices.
FireWire and the FireWire logo are trademarks of Apple Computer, Inc. and are used under license. Macintosh® is a registered trademark of Apple Computer, Inc., used under license. The Mac OS logo is a trademark of Apple Computer, Inc. used under license.
All other trademarks used are owned by their respective owners.
PURCHASES; OTHER TERMS AND CONDITIONS
ACCOUNTS & PASSWORDS
Certain services offered on or through the Site may require you to open an account (including setting up an OWC username and password). You are responsible for maintaining the confidentiality of your account information, including your password, and for any activity that occurs under your account. You may not use anyone else’s OWC username, password, or account at any time without express consent. OWC is not liable for any loss or damage arising from your failure to comply with these obligations.
LINKS; BLOGS AND OTHER THIRD PARTY CONTENT
This Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience. Such Linked Sites are not under OWC’s control, and OWC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on Linked Sites.
At times, Site visitors may post reviews, suggestions, questions, comments, photos, and other content to the Site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to content origin when posting to the Site. OWC reserves the right (but not the obligation) to remove or edit such content, but cannot review all posted content.
If you do post content or submit material, you grant OWC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant OWC the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify OWC for all claims resulting from content you supply. OWC takes no responsibility and assumes no liability whatsoever for any content posted by you or any third party.
OWC Reviews offer our customers the opportunity to share your experiences with our products and services. In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a product review. Instead, contact us directly.
When writing your review, please consider the following guidelines:
- Focus on the product and your individual experience using it
- Provide details about why you liked or disliked a product
- There is a 1,000 word maximum on reviews. The recommended length is 75 to 300 words.
All reviews submitted are screened before they are posted to the website. OWC reserves the right to deny public posting rights to any review, specifically if it contains any of the following types of content or violates other guidelines, including but not limited to:
- Obscenities, discriminatory language, or other language not suitable for a public forum;
- Advertisements, “spam” content, or references to other products, offers, or websites;
- Email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
- Critical or spiteful comments on other reviews posted on the page or their authors.
Please note that all submitted reviews are subject to the additional terms set forth below. BY SUBMITTING YOUR REVIEW YOUR AGREE TO THE FOLLOWING TERMS & CONDITIONS:
By submitting any content to OWC, you represent and warrant that:
- You are the sole author and owner of the intellectual property rights thereto;
- All “moral rights” that you may have in such content have been voluntarily waived by you;
- All content that you post is accurate;
- You are at least 13 years old;
You further agree and warrant that you shall not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control,
- Consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold New Concepts Development Corporation, its subsidiaries, Other World Computing, Inc. (collectively “OWC), along with its officers, directors, agents, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc., harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant OWC a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email address in connection with your rating and review, you agree that OWC and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
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LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL OWC BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF OWC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY AGAINST OWC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
You agree to indemnify and hold OWC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees), made against OWC by any third party due to or arising out of or in connection with your use of the Site.
VOID WHERE PROHIBITED
Any offer for any feature, product or service on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so at your own risk and you are solely responsible for complying with applicable local laws. OWC reserves the right to limit, in its sole discretion, the provision and quantity of any Site feature, product or service to any person or geographic location.