Laplink PDAsync 4

EULA - End User License Agreement

Laplink Software Inc. License Agreement

BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY
ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN
US AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, BOTH
ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US
RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. YOU
FURTHER AGREE THAT IF LAPLINK SOFTWARE INCORPORATED IS
REQUIRED TO ENGAGE IN ANY PROCEEDING, LEGAL OR OTHERWISE, TO
ENFORCE ITS RIGHTS UNDER THIS AGREEMENT, LAPLINK SOFTWARE
INC. SHALL BE ENTITLED TO RECOVER FROM LICENSEE, IN ADDITION TO
ANY OTHER SUMS DUE, REASONABLE ATTORNEY FEES, COSTS AND
DISBURSEMENTS.

OWNERSHIP OF SOFTWARE. You acknowledge and agree that all of the
computer programs and associated documentation contained in this package
(collectively, the "Software") are owned exclusively by Laplink Software and/or its
licensors. The Software is protected under copyright and other intellectual
property laws of the United States and international copyright treaties. You
acknowledge and agree that the price paid by you for the Software is a license
fee granting you only the rights set forth in this License Agreement.

LICENSE. Laplink Software grants to you, and you accept, a limited, nonexclusive
and revocable license to use the Software, in machine-readable, object
code form only. You agree to use the Software only as authorized in this License
Agreement. This License Agreement does not convey to you any ownership
rights or any other interest in the Software.

SCOPE OF LICENSE. You may not copy or make any changes or modifications
to the Software, and you may not translate, decompile, disassemble, or
otherwise reverse engineer the computer program(s). The Software is for
migrating files and settings from one computer (the "old computer") to another
computer (the "new computer"). You are allowed to download or otherwise
acquire the Software and install it on any computer(s) free of charge. Upon
payment of a migration fee, the Software transfers files and settings from your
old computer to your new computer. If you choose not to pay the migration fee,
the migration is not completed and you owe no payment to Laplink Software.

The Software may be freely distributed as long as it is distributed in its entirety,
including all program files and program documentation. The Software may not be
distributed through any means for a fee without the permission of Laplink
Software. Your adherence to this License Agreement will allow Laplink Software
Inc. to continue developing innovative and useful products and providing a high
level of customer service and support.

TERM. This license will become effective on the date you acquire the Software
and will remain in force until terminated. You may terminate this license at any
time by removing the Software from your computer and destroying the original
Software and all copies. This license will automatically terminate if you breach
any of the terms or conditions set out in this License Agreement. You agree to
remove the Software from your computer, and either to destroy the original
Software and all copies of the Software and documentation or to return them to
Laplink Software, upon termination of this license for any reason.

TRANSFER. You may transfer your license of the Software to another party by
transferring the original program media and all applicable documentation,
including the original of this License Agreement, to the recipient, who agrees to
the terms of this Agreement. All other copies of the Software must be deleted
and/or destroyed. Any transfer of possession of the Software terminates your
license and all associated benefits under this License Agreement. You must
notify Laplink Software in writing of such a transfer.

ARCHIVAL COPY. You may make one copy of this Software and associated
documentation solely for backup or archival purposes. Alternatively, you may
transfer this Software to a single hard disk drive, provided that you keep the
original program media and accompanying documentation in your possession for
backup or archival purposes. Any such copies of the Software or documentation
shall include Laplink Software's copyright and other ownership notices. No other
copies of Software or documentation may be made by you or any person under
your authority or control.

LIMITED WARRANTY. Laplink warrants the physical program media and
physical documentation to be free from defects in materials and workmanship for
a period of 30 (thirty) days from the date of your purchase. If you notify Laplink
Software of defects in materials or workmanship during the warranty period,
Laplink Software will replace the defective program media or documentation or,
at its option, refund the purchase price. Your remedy for breach of this warranty
shall be limited to replacement or refund and shall not encompass any other
damages. No dealer, distributor, agent or employee of Laplink Software is
authorized to make any modification or addition to the warranty and remedies
stated above.

LAPLINK SOFTWARE SPECIFICALLY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. Laplink Software DOES NOT WARRANT THE
PHYSICAL PROGRAM MEDIA, CABLE, PHYSICAL DOCUMENTATION OR
COMPUTER PROGRAM(S) OTHER THAN AS EXPRESSLY STATED ABOVE,
NOR DOES Laplink Software PROVIDE ANY WARRANTY AS TO THE
OPERATION OF THE SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR
APPLICATION, USE, OR PURPOSE.
LIMITATION OF LIABILITIES AND REMEDIES: IN NO EVENT SHALL Laplink
Software OR ITS LICENSORS HAVE ANY LIABILITY FOR ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL
DAMAGES, WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, AND THE LIKE ARISING OUT OF THIS
AGREEMENT, THE LICENSING OF SOFTWARE BY Laplink Software OR THE
PROVISION OF MAINTENANCE AND SUPPORT SERVICES BY LAPLINK,
EVEN IF LICENSEE HAS ADVISED Laplink Software OF THE POSSIBILITY OF
SUCH DAMAGES, AND INCLUDING UNDER ANY CLAIM OF NEGLIGENCE,
STRICT LIABILITY, DESIGN DEFECT,OR OTHER THEORY. IN NO EVENT
SHALL THE LIABILITY OF Laplink Software OR ITS LICENSORS EXCEED THE
PURCHASE PRICE PAID FOR THE SOFTWARE, LESS ALL APPLICABLE
TAXES AND DUTIES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATIONS OF LIABILITIY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE AFOREMENTIONED LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.

U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with
Restricted Rights. Use, duplication, or disclosure by the United States
Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of The
Rights in Technical Data and Computer Software clause at DFARS 252.2277013
or subparagraphs (c)(1) and (2) of the Commercial Computer Software-
Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer
is Laplink Software Inc., 10210 NE Points Drive, Suite 400, Kirkland, Washington
98033 U.S.A.

UPDATES. To receive notification of future Software updates, please complete
and return the registration card. Also, please locate the serial number of your
copy of the Software on the program media. You will need this number to receive
updates and technical support from Laplink Software.
TRADEMARKS. LAPLINK, Laplink Software and the associated logo(s) are
registered trademarks of Laplink Software Inc. No right or license to any
trademarks owned by Laplink Software or others appearing in the Software or
packaging is granted to you by this License Agreement.

TERMINATION. This license and your right to use this software shall
automatically terminate if you fail to comply with any provision of this license and
warranty agreement.

MISCELLANEOUS. Unless otherwise restricted by law, you agree that this
License Agreement shall be construed, interpreted and governed by the laws of
the State of Washington of the United States of America, without regard to the
laws governing conflicts of law. If any action is brought by either party against the
other regarding any subject matter of this License Agreement, the prevailing
party shall be entitled to recover, in addition to any other relief granted,
reasonable attorney fees and expenses of litigation. You further agree that any
claim relating to this License Agreement shall be brought in the courts of
competent jurisdiction in the State of Washington. If any term of this License
Agreement is declared void or unenforceable by any court of competent
jurisdiction, enforcement of the remaining terms shall not be affected. No waiver
of any right under this License Agreement shall be effective unless in writing and
signed by both parties. No waiver of any past or present right arising from any
breach or failure to perform shall be deemed to be a waiver of any future right
arising under this License Agreement. This License Agreement sets forth the
entire agreement between Laplink and you with respect to all matters covered
herein.

IF YOU HAVE ANY QUESTIONS CONCERNING THIS LICENSE AGREEMENT,
PLEASE CONTACT Laplink Software, INC. AT 10210 NE POINTS DRIVE,
SUITE 400, KIRKLAND, WASHINGTON 98033 U.S.A. (425.952.6000 ), OR
CONTACT YOUR REGIONAL Laplink Software OFFICE.