Any devices ("The Device") sourced from KeyCarbon® LLC are designed to be used solely for PC backup, disgnostics, utility, macro generation, security and auditing purposes (the "Permissible Uses").
The Device may not be used to violate the privacy rights of others, or to access or intercept electronic communications in violation of wiretap statutes, or to violate company regulations ("Impermissible Uses"). Impermissible Uses include, but are not limited to the following acts: retrieval of credit card information, passwords, personal and/or medical information, confidential and/or proprietary information, or trade secrets.
Privacy and wiretapping laws change from time to time and vary from state to state. It is your responsibility to ensure that you are in compliance with federal, state, and local laws.
Must Post Notice
If anyone other than you will be using the computer on which the Device is installed, you agree to post a notice visible to each user of the computer to the effect that (i) activities on this system may be monitored and recorded and (ii) that anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of unauthorized or criminal activity, such evidence may be provided to company or law enforcement officials.
The Device contains software and firmware instructions (the "Program") on the internal microcontroller. The Device and Program are protected by copyright and other intellectual property laws.
KeyCarbon® hereby grants you the right to:
a) use the Program for the Permissible Uses in the United States for as long as you own the Device.
b) view, copy, print and distribute copies of the information provided by the Device provided
(1) the information is used for informational purposes only; and
(2) any copy of the information (or portion thereof) includes the following copyright notice: (c)1999 - 2006, KeyCarbon, Inc. All Rights Reserved.
This license is limited to the rights above. Therefore, you are expressly prohibited from taking any other action with the Device, including but not limited to:
a) modify, reverse engineer, de-compile or disassemble the Device or the Program;
b) make any attempts to defeat the code protection which is in place on the internal microcontroller;
c) make any attempts to read or copy the Program;
d) attempt to open the casing around the Device;
e) rent, lease, lend, or sublicense the Device to others;
f) transfer your rights to another, unless the recipient agrees to the terms of the Agreement.
KeyCarbon warrants that the Device, if provided by KeyCarbon, is free from defects in material and workmanship and for ninety (90) days from the date of original purchase of the Device, provided the Device was not subject to accident, abuse, or improper use.
THIS IS A LIMITED WARRANTY AND ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KEYCARBON'S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN KEYCARBON'S SOLE DISCRETION: (i) TO REPAIR OR REPLACE YOUR DEVICE.
KeyCarbon® will honor this warranty only if you inform KeyCarbon® of your problem with the Device during the applicable warranty period and promptly provide evidence of the date the Device was originally purchased. This warranty is void if you violate the terms of this Agreement.
To invoke the warranty, complete the warranty form found in the back of the Operating Guide or at www.keycarbon.com. Send the completed warranty form, the defective device, and a copy of the purchase receipt or other evidence of the purchase date to a shipping address provided by www.keycarbon.com. Include your name, address, and telephone number.
A unique serial number may be electronically stored in the Device to aid company and law enforcement officials in the investigation of any unauthorized or illegal acts that may be committed with the Device. You agree to permit KeyCarbon® to assist these officials by providing serial number and sales information as necessary in the course of the investigation. KeyCarbon® may request the assistance of its distributors and customers in providing information relating to the serial numbers of such Device(s), and you agree to cooperate with such requests.
You agree to defend, indemnify, save and hold KeyCarbon® harmless from any and all claims, demands, liabilities, costs or expenses including direct, indirect, incidental or consequential damages and reasonable attorney’s fees resulting from the Device, including loss of business or profit.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL KEYCARBON OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR VIOLATION OF THE RIGHT TO PRIVACY, VIOLATION OF WIRETAPPING STATUTES, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL KEYCARBON, INC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PURCHASE PRICE, EVEN IF KEYCARBON,INC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
You may not export or re-export the Device or the Program (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
This Agreement shall be governed in all respects by the laws of the country of incorporation of KeyCarbon®, except for conflict of laws provisions. The parties agree that for any dispute, controversy or claim arising out of or in connection with this Agreement, venue and personal jurisdiction shall be in a court with competent jurisdiction located in the country of incorporation of KeyCarbon®.
The provisions of this Agreement will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of another provision hereof.
This Agreement constitutes the entire agreement and understanding between the parties and may be amended only by a writing executed by both parties.
All Materials are the property of KeyCarbon® LLC. All Rights Reserved.