4
Technical Data and Computer Software clause at DFARS 252.227-7013or subparagraphs (c)(1) and (2) of
the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Contractor/manufacturer is PowerQuest Corporation/P.O. Box 1911/Orem, UT 84059.
6. NO WARRANTY. The Software is being provided to you AS IS. PowerQuest does not warrant the
Software to end users. If the Software fails to perform substantially in accordance with the documentation
provided to your hardware supplier, PowerQuest will repair or replace the copy of the Software provided to
your hardware supplier and will authorize your hardware supplier to provide such repaired or replaced
Software to you without charge.
7. LIMITATION OF LIABILITY. NEITHER POWERQUEST NOR ITS SUPPLIERS SHALL IN ANY
EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO
THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF POWERQUEST CORPORATION HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH LIABILITY IS
BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE
GROUNDS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
8. NO WAIVER. Any failure by either party to this agreement to enforce a specific part of the agreement in
a specific situation is not a waiver of rights under the agreement. The party may still enforce the rest of the
agreement in that situation and may still enforce some or all of the agreement in other situations.
9. This License Agreement constitutes the entire agreement between you and PowerQuest pertaining to its
subject matter. This License Agreement is governed by the laws of the State of Utah. Any litigation arising
from this license will be pursued only in the state or federal courts located in the State of Utah.
Copyright 1994-2002, PowerQuest Corporation. All rights reserved. U.S. Patents 5,675,769; 5,706,472; and
5,930,831; other patents pending in the U.S.A. and elsewhere. PowerQuest is a registered trademark and
EasyRestore is a trademark of PowerQuest Corporation.
