-IMPORTANT- Read This Carefully Before Installing The Software THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SEAGATE SOFTWARE, INC. BEFORE CONTINUING WITH THE INSTALLATION OF THE PROGRAM, YOU MUST READ, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT WHICH FOLLOWS. THE SOFTWARE LICENSE AGREEMENT MAY ALSO BE FOUND IN THE SEAGATE SOFTWARE LICENSE BOOKLET OR USER'S MANUAL CONTAINED IN YOUR WRITTEN MATERIALS. WHEN PROMPTED, PLEASE INDICATE WHETHER YOU ACCEPT OR DO NOT ACCEPT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE, YOU MAY RETURN THE MEDIA PACKAGE AND ALL ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS), TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND; OR YOU MAY WRITE, LICENSING DEPARTMENT, P.O. BOX 67427, SCOTTS VALLEY, CA 95067. SEAGATE SOFTWARE LICENSE 1. GRANT OF LICENSE. Seagate Software, Inc. ("Seagate"), grants to you, the end user, a personal, nonexclusive license to use a single copy of this software program, including any updates, additional modules, or additional software provided by Seagate in connection therewith (the "Software"), solely for your own use, and solely in accordance with the terms and conditions of this license agreement. You may copy the Software into the memory of any computer, solely as necessary to use the Software in accordance with this license agreement. 2. INSTALLATION AND USE. Seagate Crystal Reports 7 is licensed to you in one of five potential configurations: (1) Single User License (2) Multiple User License (3) Upgrade License (4) Evaluation License and (5) OEM License. You may install and use (in the manner provided) only those configuration(s) for which you have obtained a license. Licenses for Seagate Crystal Reports 7 are individual named user licenses. No license may be shared, in any capacity, by more than one individual end user. (1) Single User License. You may install and use a single copy of the Software on a single computer. You may access the Software from a hard disk, over a network, or by any other method; strictly in accordance with the terms hereof. You may use each licensed copy of the Software only on a single computer. (2) Multiple User License. You must acquire additional user licenses ("LAN Pak(s)") for additional users to use the Software on a network. The number of additional user licenses acquired with any LAN Pak are acquired in such numbers and on such terms as set forth in the documentation accompanying the Software. You may have as many copies of the Software in use on a network as are specifically authorized in the Software documentation. Seagate grants you a nonexclusive license to use one copy of the Software on a single computer for each of, and up to the total number of, licenses you are acquiring. You may access the Software from a hard disk, over a network, or by any other method; strictly in accordance with the terms hereof. (3) Upgrade License. You may use one copy of the Software on a single computer, provided that (a) you have a valid license to use and are upgrading an earlier version of the Software or (b) you have a valid license to use and are upgrading one of an approved list of third party software products, which includes or "bundles" an earlier version of the Software or (c) you have a valid license to use and are upgrading one of an approved list of third party general-purpose report writing and/or database querying products which are generally competitive with the Software. Acquisition of Upgrade Licenses are expressly limited to the direct proportional replacement of earlier version Software licenses or competitive software licenses owned. Additional licenses may not be acquired as Upgrade Licenses. (4) Evaluation License. You may use one copy of the Software on a single computer, for a period as specified on the Software packaging; however, not to exceed ninety (90) days. You are acquiring only the limited right to use a single copy of the Software for evaluation purposes. You are not acquiring any rights to the Software itself. (5) OEM License. If you have acquired the Software bundled or otherwise provided in combination with a third party product, you have acquired an OEM License. You may use one copy of the Software on a single computer. The Software may only be used in conjunction with the third party product with which it was provided. Accessing data that is not specifically created or used by the third party product is in violation of this license. You may access the Software from a hard disk, over a network, or by any other method; strictly in accordance with the terms hereof. You may use each licensed copy of the Software only on a single computer. 3. RUNTIME SOFTWARE. The software files listed in the software file "runtime.hlp," provided on your Software media, individually, collectively or in any combination, constitute Runtime Software. Unless this is a "Not for Resale" or "Evaluation" copy, Seagate grants you a Limited Runtime License to reproduce and distribute exact copies of the Runtime Software, and to modify, reproduce and distribute the sample applications made from the original Software media, if and only if all of the following conditions are satisfied: (a) you distribute copies of Runtime Software solely for the purpose of executing specific-purpose application programs written using an authorized copy of the Software (b) you remain solely responsible for support, service, upgrades, and technical or other assistance, required or requested by anyone receiving such Runtime Software copies or sample applications (c) you do not use the name, logo, or trademark of Seagate, or the Software, without written permission from Seagate (d) you do not alter, disassemble, decompile, translate, adapt or reverse-engineer the Runtime Software (e) Seagate makes no warranty other than the limited warranty provided to you in this license agreement and (f) you will defend, indemnify and hold Seagate harmless against any claims or liabilities arising out of the use, reproduction or distribution of Runtime Software copies and/or sample applications. (1) You may not include the Runtime Software or sample applications in any general-purpose report writing and/or database querying product, or any other product that is generally competitive with Seagate product offerings; nor may you use the Runtime Software to create a product that is generally competitive with Seagate product offerings. If you wish to distribute copies of the Runtime Software or sample applications on other terms, you must obtain written permission from Seagate. (2) "Not for Resale" and "Evaluation" versions of the Software do not include a Limited Runtime License, and you may not, therefore, distribute Runtime Software or sample applications. (3) Seagate Crystal Reports 7 may contain software components from Seagate's suppliers. This license agreement does not grant you any right to distribute software components from these suppliers; including but not limited to, Microsoft Corporation's "JET Files", unless you have obtained proper authorization from the appropriate supplier. 4. COPYRIGHT AND COPIES. The Software (including any copy thereof), is owned by Seagate or its suppliers and is protected by United States copyright and patent laws and international treaty provisions. The Software copy is licensed, not sold to you, and you are not an owner of any copy thereof. You may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not otherwise copy the Software except as expressly authorized by applicable law, and you may not copy the written materials accompanying the Software. Seagate hereby reserves all rights not explicitly granted in this software license agreement. 5. OTHER RESTRICTIONS. You may not rent or lease the Software, but you may transfer the Software and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. If the Software is an update, any transfer must include the update and all prior versions. You may not modify or translate the Software. You may not reverse engineer, decompile or disassemble the Software, except to the extent expressly authorized by applicable law. 6. DUAL MEDIA. If the Software package contains more than one form of media, such as a 3.5" diskette and a CD-ROM, then you may use only one of the media appropriate for your computer or computer system. You may not use the other media on another computer or loan, rent, lease, or transfer them to another except as part of the permanent transfer (as provided above), of all Software and written materials. Notwithstanding the form of media you elect to use, you may use only the 16 bit or 32 bit version of the Software, but not both. 7. LIMITED WARRANTY AND REMEDY. Seagate warrants the physical media (e.g. diskette(s) or CD- ROM), and the physical documentation, to be free of defects in materials and workmanship for a period of 90 days from the original purchase date. If Seagate receives notification within this warranty period of any such defects and such notification is determined to be correct, Seagate will, at its sole option and discretion, repair or replace the media or documentation, or provide you a full refund. The foregoing is your sole and exclusive remedy and states Seagate's and its suppliers' entire liability arising out of this warranty. This limited warranty is void if the damage or defect has resulted from accident, abuse or misapplication. 8. NO OTHER WARRANTIES. THE LIMITED WARRANTY ABOVE IS EXCLUSIVE AND IN LIEU OF ALL OTHER CONDITIONS AND WARRANTIES FOR THE SOFTWARE AND DOCUMENTATION. SEAGATE AND ITS SUPPLIERS MAKE NO OTHER CONDITIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL OTHER CONDITIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT FOR THE SOFTWARE AND DOCUMENTATION, TO THE FULLEST EXTENT PERMITTED BY APPLCABLE LAW. 9. LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL SEAGATE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY COSTS OF SUBSTITUTE PRODUCTS, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE LICENSE OF, USE OF, OR INABILITY TO USE ANY SEAGATE SOFTWARE OR DOCUMENTATION, EVEN IF SEAGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SEAGATE'S OR ITS SUPPLIERS' LIABILITY EXCEED THE LICENSE FEE PAID BY YOU. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF THE SOFTWARE LICENSE. 10. TERM. This license is effective until terminated. You may terminate it at any time by destroying the Software together with all copies, modifications and merged portions in any form. It will also terminate automatically upon your failure to comply with any term or condition of this Agreement. In the event of such termination, you agree to promptly destroy the Software together with all copies, modifications and merged portions in any form. 11. MISCELLANEOUS. This is the entire Agreement between you and Seagate, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. The parties disclaim the application of the United Nations Convention on the International Sale of Goods. This Agreement is governed by the laws of the State of California, U.S.A., without reference to conflict of laws principles. All disputes arising out of this Agreement shall be litigated or otherwise resolved exclusively in the state of California. You may not export or re-export the Software or documentation without the appropriate United States or foreign government licenses. If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement. 12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction release, performance, display or disclosure of the software and accompanying documentation by the U.S. Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. You must affix the following legend to each copy of the Software: Use, duplication, reproduction, or transfer of this commercial Software and accompanying documentation is restricted in accordance with FAR 12.212 and DFARS 227.7202 and by a license agreement. Contact Legal Department, Seagate Software, P.O. Box 67427, Scotts Valley, California, 95067 U.S.A. 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