The terms of the software license agreement included with any software you download will control your use of the software.
Please read and accept the following Software License Agreement:
Please read the terms and conditions of this license agreement (the "License") before installing the Targus computer software (the "Software"). By installing and using the Software you accept and agree to the terms of this License. If you do not agree with these terms and conditions, promptly uninstall the Software and, if you paid for a License, contact your distributor for a refund of the amount that you paid.
The term "Software" includes, and these terms and conditions also apply to, any updates, modifications and upgrades to the Software that you may receive from time to time unless Targus provides other terms and conditions along with the update, modification or upgrade. If there is a conflict between such terms and conditions, the other terms and conditions will control.
1. License Grant
This License permits you, as purchaser of the Software, to use one copy of the Software solely for your use on one computer per purchased copy of the software, or, for users of Windows® Terminal Server ("WTS"), solely for use by users covered under the WTS License. The enclosed documentation ("Documentation") may not be copied. You agree that you will not sublicense, assign, transfer, distribute, pledge, lease, rent or share your rights under this License except with prior written permission from Targus. You agree that you will not modify, adapt or translate, or disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Software.
2. Standard Maintenance and Support
There are no support or maintenance costs. All updates and upgrades to the product you bought (just that product and not a new product) are free to download and use.
3. Targus’ Rights
You acknowledge and agree that the Software and Documentation (the "Licensed Products") are proprietary products of Targus under international copyright law and disclosed to you by Targus in confidence. You shall take all reasonable steps to safeguard the Licensed Products. Targus owns and retains all copyright, trademark, trade secret and other proprietary rights in and to the Licensed Products. This License conveys to you only a non-exclusive and limited right of use, revocable in accordance with the terms and conditions of this License. You do not obtain any ownership interest in the Licensed Products or any other rights thereto, other than as specifically granted under this License.
4. Restrictions on Transfer
You agree not to sublicense, assign or otherwise transfer this License or the Licensed Products in any circumstance.
5. Limited Warranty
Targus warrants that for your benefit alone, for ninety (90) days from the day of delivery to you (the "Warranty Period") the Software media, under normal use in a compatible execution environment, will be free from defects in material and workmanship. Except for the forgoing, the Software is provided "AS-IS". Any replacement program will be warranted for the remainder of the original warranty period or thirty (30) days from the date of receipt by you, whichever is longer. In no event may you bring any claim, action or proceeding arising out of the warranty set forth in this Section 5 more than six (6) months after the date on which the breach of warranty occurred.
6. Exceptions to Warranties; Disclaimers
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TARGUS DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT. Targus does not warrant that the Software, its use, operation or your ability to use the Software will be uninterrupted or error-free or that all Software errors will be corrected. The warranty set forth above shall not apply to any defect or problems caused by any defect in any hardware or software used in combination with the Software, or use of the Software in execution environments not specified in the Documentation. Targus does not warrant that the Software or services will meet your requirements or that the operation of the Software will be uninterrupted or error free.
Targus’s limited warranty is void if a breach of the warranty has resulted from (i) accident, corruption or misuse of the Software; or (ii) acts or omissions by someone other than Targus.
7. Exclusive Remedies
You agree that if, during the Warranty Period, a defect in the Software media appears, your exclusive remedy will be, in Targus's sole option, to replace the media or to credit the amounts paid by you to Targus, if any, and terminate this License. The later remedy is subject to the return of all copies of the Licensed Products.
8. Limitations of Liability
IN NO EVENT SHALL TARGUS BE LIABLE FOR ANY DAMAGES TO YOU OR ANY OTHER PARTY WHETHER ARISING OUT OF CONTRACT OR FROM TORT INCLUDING INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF DATA, PROFITS OR BUSINESS AND/OR COMPUTER FAILURE OR MALFUNCTION AND/OR COSTS OF PROCURING SUBSTITUTE SOFTWARE, EVEN IF TARGUS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES. Targus’ cumulative liability shall not exceed the license fee paid, if any, for use of this Software and Documentation. This Section 8 shall survive termination of this License.
9. Compliance With Export Laws
You shall comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that the Licensed Products are not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws.
This License is in effect until terminated. You may terminate this License at any time by destroying all copies of the Software and Documentation and erasing any copies on storage media. Targus may terminate this License if you fail to comply with any terms and conditions of this License. In such event, you agree to destroy and erase all copies of the Software and Documentation, and Targus will be entitled to all remedies in accordance with applicable law.
11. Governing Law; Venue
This License shall be governed by the laws of the state of California, without regard to its conflict of laws rules. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in Orange County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12. Entire Agreement
This License is the entire agreement between you and Targus relating to the Software and the Software media, and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or the Software media or any subject matter covered by this License.
If any term or provision of this License is unenforceable, illegal or invalid for any reason, such unenforceability, illegality or invalidity shall not affect any other term or provision of this License or invalidate or render unenforceable such other term or provision.
Use of the Software other than for your internal operations on a single computer requires that you have entered into a separate license agreement with Targus. Please visit www.targus.com/support for further information.