DataTraveler and Ironkey End User License Agreement

SOFTWARE LICENSE AGREEMENT IMPORTANT - READ CAREFULLY

THIS SOFTWARE LICENSE AGREEMENT (''Agreement'') is a legal agreement between you (either an individual or a single entity) and Kingston Technology Company Inc. ("Kingston"). This Agreement relates to the software accompanying this Agreement, which includes computer software and may include associated media, printed materials, and ''online'' or electronic documentation (the ''Licensed Software''). By downloading, installing, copying, or otherwise using the Licensed Software, you agree to be bound by the terms of this Agreement and further agree that the third party licensors of Kingston providing licenses for all or any portion of the Licensed Software shall be third party beneficiaries of this Agreement. If you do not agree to the terms of this Agreement, do not install, copy or use the Licensed Software.

The Licensed Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensed Software is licensed, not sold. The Licensed Software is being provided solely for use with Kingston’s DataTraveler and IronKey product lines.

  1. License Grant.
    1. Grant of License. Subject to the terms and conditions of this Agreement, Kingston hereby grants you a nonexclusive, royalty-free, worldwide license (including the right to sublicense) to use, copy and distribute the Licensed Software with Kingston’s DataTraveler and IronKey product lines.
    2. Restrictions on Use. The Licensed Software is licensed solely for use with and to support Kingston’s DataTraveler and IronKey product lines. Use of this Licensed Software with, or to support, any other flash disk, flash card, resident flash array or solid state disk of any kind is expressly prohibited, and constitutes an illegal infringement of patents, copyright and other rights of Kingston and its third party licensors in and to the Licensed Software.
  2. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Licensed Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
  3. Termination. Without prejudice to any other rights, Kingston may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Licensed Software and all of its component parts.
  4. Intellectual Property Rights. Title to the Licensed Software, and all rights with respect to the Software not specifically granted under this Agreement, including without limitation all rights of modification, disassembly and decompilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to Kingston and its third party licensors. You may not remove or alter any "read-me" file or copyright notices in the Licensed Software.
  5. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Kingston, its suppliers and its the third party licensors provide the Licensed Software ("Support Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Licensed Software, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NONINFRINGEMENT, WITH REGARD TO THE LICENSED SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE LICENSED SOFTWARE AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
  6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE FULLEST EXTENT ALLOWED BY LAW, KINGSTON ALSO EXCLUDES FOR ITSELF, ITS SUPPLIERS AND ITS THE THIRD PARTY LICENSORS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, MAINTENANCE, USE, PERFORMANCE, FAILURE OR INTERRUPTION OF THIS LICENSED SOFTWARE, EVEN IF KINGSTON, ITS SUPPLIERS OR ITS THE THIRD PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPLACEMENT, REPAIR OR REFUND OF THE PURCHASE PRICE PAID, AT KINGSTON’s OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED EVEN IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
  7. LIMITATION OF LIABILITY AND REMEDIES. In addition to the foregoing, and notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Kingston, its suppliers and its third party licensors under any provision of this Agreement and your exclusive remedy for all of the foregoing, shall be limited to the greater of the amount actually paid by you for the Licensed Software or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
  8. Miscellaneous. The laws of the State of California, United States of America, exclusive of conflict-of-laws provisions, shall govern this Agreement in all respects.

USE OF THE LICENSED SOFTWARE DESCRIBED HEREIN CONSTITUTES YOUR AGREEMENT AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT.