OCZ Storage Solutions
End User License Agreement
The Software (as defined below) is subject to the terms and conditions detailed in the following license agreement.
OCZ STORAGE SOLUTIONS (“OCZ”) IS WILLING TO LICENSE THE SOFTWARE TO THE PERSON OR ENTITY RECEIVING THE SOFTWARE (“YOU”) SOLELY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (“EULA”). BEFORE YOU INSTALL, COPY, DOWNLOAD, OR OTHERWISE USE THE SOFTWARE, PLEASE READ THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, OCZ IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH CASE YOU ARE NOT PERMITTED TO INSTALL, COPY, DOWNLOAD OR OTHERWISE USE THE SOFTWARE AND YOU MUST IMMEDIATELY REMOVE THE SOFTWARE FROM YOUR SYSTEM. BY INSTALLING, COPYING, DOWNLOADING OR OTHERWISE USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY, WARRANTING YOUR COMPLIANCE WITH AND BECOMING A PARTY TO THIS EULA. IF YOU PURCHASED THE SOFTWARE BUT DO NOT AGREE TO BE BOUND BY THIS EULA, YOU MAY RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE WITHIN FOURTEEN (14) DAYS AFTER THE DATE OF PURCHASE FOR A REFUND; IF YOU PURCHASED THE SOFTWARE BUNDLED WITH AN OCZ PRODUCT (AS DEFINED BELOW), YOU MUST RETURN THE SOFTWARE AND THE ENTIRE UNUSED OCZ PRODUCT IN ORDER TO RECEIVE A REFUND.
1. Software. “Software” means the computer programs downloaded or contained in the package provided by OCZ, together with all codes, techniques, software tools, formats, designs, concepts, methods and ideas associated with such computer programs and all documentation related thereto.
2. Ownership. You acknowledge and agree that the Software constitutes the valuable trade secrets of OCZ and its third party licensors and that OCZ or its third party licensors own exclusively all foreign and domestic copyrights and other intellectual property rights in and to the Software and all copies thereof. Except as expressly licensed to you in this EULA, all rights in and to the Software and all intellectual property rights therein are reserved by and to OCZ and its third party licensors. No title to, or ownership of, the Software is transferred to you. You shall reproduce and include all copyright and other proprietary notices on and in any copies, including but not limited to partial, physical or electronic copies, of the Software. In the event that any changes or modifications to the Software are made or suggested by you, you acknowledge that you have no right, title or interest in or to any such changes or modifications, and further agree that such changes or modifications shall be owned exclusively by OCZ or its third party licensors.
3. License. After your acceptance of this EULA, during the term of this EULA, OCZ grants to you, and you agree to accept, a limited, nonexclusive, nontransferable, personal license to do the following, subject to your compliance with the terms and conditions of this EULA:
(a) install and use the Software exclusively with the OCZ product supplied with the Software or for which the Software is intended as specified in any related Software or OCZ product documentation (the “OCZ Product”);
(b) install and use the Software on a single computer;
(c) use the Software only for your own customary business or personal purpose;
(d) make a single copy of the Software for backup or installation purposes only in support of the normal and intended use of the Software, provided that such copy contains all of the copyright and other proprietary rights notices provided with the Software and such copy is used only for such backup or installation purposes; and
(e) transfer possession of copies of the Software to another party by transferring a copy of this EULA and all other documentation along with at least one complete unaltered copy of the Software, provided that:
i. you, at the same time, either transfer to such other party or destroy all of your copies of the Software;
ii. such transfer of possession terminates your license with OCZ;
iii. such transfer transfers the OCZ Product that the Software use is restricted to;
iv. such other party accepts and agrees to be bound by the terms and conditions of this EULA with their use of the Software; and
v. you shall indemnify OCZ in full against any claims, losses or damages resulting from, any failure of such other party to comply with this EULA, including, without limitations, with respect to any export control matters.
(a) You shall not, and shall not permit others to, without the prior written consent of OCZ:
i. use, copy, modify, merge or transfer copies of the Software (or any portion thereof), except as expressly authorized in this EULA;
ii. reverse engineer, reverse assemble, or reverse compile or attempt to recreate the Software or discover the source code of the Software, except as expressly permitted by applicable law without the possibility of contractual waiver;
iii. sublicense, rent, lend, lease, market, sell or distribute the Software or any copy thereof;
iv. create derivative works from the Software, or modify or disable any of the licensing or control features of the Software, or remove, unbundle, decouple or otherwise separate any of the components of the Software;
v. use the Software in a hosting, time sharing or service bureau environment or otherwise for the benefit of a third party; or
vi. remove any copyright or other proprietary notices or labels on the Software.
(b) You shall not export or re-export the Software (or any portion thereof) in any form in violation of export restrictions by the government of your country.
(c) You shall comply with any additional limitations and restrictions regarding the Software that may be set forth in the related documentation.
5. Update Licenses. If OCZ provides the Software as an update, upgrade, new version or supplement (collectively, an “Update”), you shall only be licensed to use the Update if you have a valid license to the Software that OCZ identifies as eligible for the Update. To the extent the Update supersedes or replaces the original Software, you may no longer use such Software. Except where OCZ indicates other terms shall apply, this EULA shall apply to each Update. In case of a conflict, such other terms shall take precedence over this EULA.
6. Third Party Software. With respect to any Software (or portions thereof) provided under a license from a third party (“Third Party Software”), you shall also comply with all additional license terms imposed by such third party licensor (“Third Party License Terms”). Third Party License Terms are generally located in a file provided with the Software. However, OCZ shall provide you with notice of such terms upon request. In the event of a conflict, the Third Party License Terms shall take precedence over this EULA with respect to such Third Party Software. Where and to the extent you are provided by OCZ with software commonly referred to as “open source software” (“Open Source Software”), the use of such Open Source Software shall be subject to the provisions of the applicable license agreement provided therewith (the “OSS License”). OCZ shall provide you with notice of such OSS License upon request and, in the event of a conflict, such OSS License shall take precedence over this EULA with respect to such Open Source Software. If such OSS License provides for the availability of source code for the Open Source Software and such source code is not included with the Software, OCZ shall, upon your written request, make available a copy of such source code, if and to the extent required under such OSS License.
7. DISCLAIMER OF WARRANTY. THE SOFTWARE IS NOT WARRANTED AND IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE. OCZ DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE OPERATION OF SOFTWARE SHALL BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH THE DATA PROCESSING ENVIRONMENT USED BY YOU OR THAT DEFECTS CAN OR SHALL BE CORRECTED. Some states or other jurisdictions do not allow the exclusion of an implied warranty, so the above disclaimers may not apply to you and you may have other legal rights that vary by jurisdiction.
8. LIMITATION OF REMEDIES. OCZ’s cumulative liability for all losses and damages under or in connection with this EULA, including, without limitation, those arising out of contract, tort (including actions based on negligence, strict liability, and willful and/or intentional conduct), warranty, indemnity, or other theory of liability and whether for failure to deliver or perform, or related to the design, performance, use, defect or failure of the Software, and your sole and exclusive remedy, shall be limited to the greater of the amount you paid for the Software or U.S. $5.00. IN NO EVENT SHALL OCZ OR ITS THIRD PARTY LICENSORS OR THEIR RESPECTIVE AFFILIATED COMPANIES, SUPPLIERS, DISTRIBUTORS, OR RESELLERS BE LIABLE FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, COLLATERAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES RELATING TO OR THAT RESULT FROM USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR OCZ OR ITS LICENSORS OR ITS AUTHORIZED RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY YOU BASED ON A THIRD PARTY CLAIM, AND REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, AND WILLFUL AND/OR INTENTIONAL CONDUCT), WARRANTY, INDEMNITY, OR OTHER THEORY OF LIABILITY. In no event shall any of OCZ’s licensors, affiliates, distributors, resellers or suppliers, or their respective officers, directors, employees, agents, staff or representatives have any liability to you or any third parties for damages in connection with this EULA or any Software, whether arising out of contract, tort (including actions based on negligence, strict liability, and willful and/or intentional conduct), warranty, indemnity, or other theory of liability. YOU AGREE THAT (A) THE LIMITATIONS OF LIABILITY SET FORTH IN THIS EULA REPRESENT A VALUABLE AND NECESSARY INDUCEMENT FOR OCZ TO LICENSE THE SOFTWARE TO YOU, AND (B) SUCH LIMITATIONS SHALL NOT CAUSE THIS EULA TO, AND YOU SHALL CLAIM THAT THIS EULA DOES, FAIL OF ITS ESSENTIAL PURPOSE FOR LACK OF REMEDY OR OTHERWISE. Some states or other jurisdictions do not allow limitations of liability, so the above limitations may not apply to you and you may have other legal rights that vary by jurisdiction.
9. Restricted Rights Legend. You acknowledge that the Software is commercial computer software developed at private expense. Your rights to use, duplicate, or disclose it are limited by this EULA. In the event the end user is a U.S. Government agency, use, duplication, and disclosure shall be limited as stated herein to the maximum extent permitted by the Defense Federal Acquisition Regulation Supplement or the Federal Acquisition Regulation, as applicable.
10. Termination. You may terminate your license at any time by destroying the Software and all of your copies of the Software or as otherwise described in this EULA. Your license to use the Software shall terminate immediately and automatically without notice if you fail to strictly comply with this EULA. Upon any termination of this license, you shall immediately terminate all use of the Software and destroy all copies of the Software. OCZ reserves the right at any time to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
11. Compliance With Export Laws. You agree to abide by the copyright law and all other applicable laws of the United States, including, but not limited to, export control laws and any restrictions on nuclear, chemical, or biological weapons proliferation. The Software or underlying information or technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, 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. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. Miscellaneous. This EULA can only be modified in writing signed by you and an authorized officer of OCZ. Should any term of this EULA, for any reason, be held to be illegal or unenforceable by a court of competent jurisdiction, the remaining terms of this EULA shall continue in full force and effect, and the offending term shall be limited or modified to the extent necessary to make it enforceable. This EULA shall be construed in accordance with the internal laws of the State of California, without application of conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) will not apply. In any action to enforce this EULA or arising out of this EULA, you hereby consent to the jurisdiction of and venue in the courts of the State of California and the federal courts located within Santa Clara County, California, for the adjudication of all matters relating hereto or arising hereunder. You agree not to bring suit against OCZ in any jurisdiction other than Santa Clara County in the State of California.
(c) 2014 OCZ Storage Solutions.
Last revised: 01.2014