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BEFORE DOWNLOADING, INSTALLING, ACCESSING OR USING THE MICRON TECHNOLOGY, INC. ('MTI') SYSTEM SCANNER SOFTWARE ('SOFTWARE') OR CLICKING ON 'ACCEPT', PLEASE CAREFULLY READ THIS ON-LINE SYSTEM SCANNER SOFTWARE LICENSE AGREEMENT ('AGREEMENT') WHICH CONTAINS THE TERMS AND CONDITIONS UNDER WHICH YOU ('LICENSEE') ARE ACQUIRING A LICENSE TO USE THE SOFTWARE. IF LICENSEE DOES NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE SOFTWARE, AND DO NOT CLICK ON 'ACCEPT'. IF LICENSEE DOWNLOADS, INSTALLS, ACCESSES OR USES THE SOFTWARE OR CLICKS ON 'ACCEPT', LICENSEE WILL BE ACQUIRING A LICENSE TO USE THE SOFTWARE IN OBJECT CODE FORM ONLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND LICENSEE WILL BE CONSIDERED TO HAVE ACCEPTED AND AGREED TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. • License MTI grants to Licensee during the term of this Agreement a non-exclusive, non-transferable, revocable and restricted license to use internally the Software strictly for the purposes of determining possible memory upgrades to Licensee's personal computer. No resale, relicensing, export, re-export or other redistribution of the Software in any way is permitted. Licensee acknowledges and agrees that it is solely responsible for the provision, maintenance and operation of all software (including without limitation all operating systems, web browsers, and network software), hardware, firmware, computer and telecommunications equipment and services, and all other third party products, materials and services necessary or useful for the proper download, installation, operation, access and/or use of the Software, and for paying any and all fees, costs and expenses associated with any and all of the foregoing.
• Ownership All right, title and interest in and to the Software, including without limitation all patent, copyright, trademark, trade secret and all other proprietary and intellectual property rights, shall at all times remain with MTI (or its licensors). Licensee acknowledges and agrees that no ownership interest in or to the Software is transferred to Licensee hereunder, and that the Software is provided to Licensee during the term of this Agreement only and strictly on a license basis as provided for within this Agreement. MTI (or its licensors) reserves all rights not expressly granted. • Permitted Uses • Licensee may: • download, install and use one (1) copy of the Software on one (1) personal computer of Licensee; and • make one (1) additional copy of the Software in machine readable format for backup purposes only. • Licensee is prohibited to the fullest extent permitted by applicable law from doing any of the following: • sublicense, sublease, lease, sell, distribute, rent, permit concurrent use of or grant other rights in the Software; • provide use of the Software in a computer service business, network, time sharing or interactive cable television arrangement; • transfer or assign this Agreement; or • translate, copy, modify, adapt, alter, reverse engineer, create derivative works, decompile or disassemble any part of the Software. • NO WARRANTIES THE SOFTWARE IS PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. MTI DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, BUG-FREE, UNINTERRUPTED, TIMELY, COMPLETE, ACCURATE OR SECURE.
WITHOUT LIMITING THE FOREGOING, MTI EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND THOSE ARISING FROM A COURSE OF DEALING, USAGE, TRADE CUSTOM OR PRACTICE. THESE DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMISSABLE UNDER APPLICABLE LAW. • LIMITATION OF LIABILITY THE ENTIRE RISK AS TO THE DOWNLOAD, INSTALLATION, ACCESS, USE, RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY LICENSEE.
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MTI SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY LOST REVENUE OR PROFITS, LOST OR DAMAGED DATA OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE SOFTWARE OR TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTHING IN THIS AGREEMENT SHALL RESTRICT MTI'S LIABILITY IN A MANNER WHICH IS EXPRESSLY PROHIBITED BY APPLICABLE LAW.
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