No part of this publication may be copied, transmitted, stored in a retrieval system or
translated into any language in any form or by any means without the expressed written
permission of FarStone Technology, Inc.
FarStone grants you the right to use one copy of the enclosed software program
(“SOFTWARE”) on a single computer. If the SOFTWARE is installed on a network, or
more than one user can run the SOFTWARE at the same time, you must purchase an
additional license for each additional user or computer.
Trademark
FarStone® is a trademark of FarStone Technology, Inc. Microsoft, Windows® and
MS-DOS® are registered trademarks of Microsoft Corporation. Other product names
mentioned in this User’s Guide may be trademarks or registered trademarks of their
respective companies.
2000-2010 FarStone Technology, Inc. All rights reserved.
Software License Agreement
FARSTONE TECHNOLOGY, INC. (FARSTONE) END USER LICENSE AGREEMENT
FOR TOTAL BACKUP RECOVERY, HEREAFTER REFERRED TO AS THE
“SOFTWARE”
PLEASE READ CAREFULLY: THE USE OF THIS “SOFTWARE” IS SUBJECT TO THE
“SOFTWARE” LICENSE TERMS OF FARSTONE AND OTHER LICENSORS WHO’S
SOFTWARE MAY BE BUNDLED WITH THIS PRODUCT.
BY YOUR USE OF THE “SOFTWARE” INCLUDED WITH THIS PRODUCT YOU AGREE
TO THE LICENSE TERMS REQUIRED BY THE LICENSOR OF THE “SOFTWARE”, AS
SET FORTH BELOW. IF YOU DO NOT AGREE TO THE LICENSE TERMS
APPLICABLE TO THE “SOFTWARE”, YOU MAY RETURN THE ENTIRE UNUSED
PRODUCT FOR A FULL REFUND.
LICENSE AND WARRANTY:
The software that accompanies this license (the “Software”) is the property of FARSTONE
or its licensors and is protected by copyright law. While FARSTONE continues to own the
Software, you will have certain rights to use the Software after your acceptance of this
license. Except as may be modified by a license addendum which accompanies this
license, your rights and obligations with respect to the use of this Software are as follows:
A. Single User License:
(a) Use the “Software” on a single computer system or network, and only by a single user
at a time. If you wish to use the “Software” for more users, you will need an additional
License for each user.
(b) Make one copy of the “Software” in machine-readable form solely for back-up
purposes provided you reproduce FarStone’s copyright proprietary legends.
Notwithstanding the foregoing, the “Software” may be used on the home, laptop or other
secondary computer of the principal user of the “Software”, and an additional copy of the
“Software” may be made to support such use. As used in this License, the “Software” is “in
use” when it is either loaded into RAM or installed on a hard disk or other permanent
memory device. The “Software” may be “in use” on only one computer at any given time.
(Different License terms and fees are applicable for networked or multiple user
applications.) As a specific condition of this License, you agree to use the “Software” in
compliance with all applicable laws, including copyright laws, and that you will not copy,
transmit, perform or distribute any audio or other content using the “Software” without
obtaining all necessary Licenses or permissions from the owner of the content.
B. Multiple User License:
Make one copy of the “Software” in machine-readable form solely for back-up purposes,
provided you reproduce FarStone’s copyright proprietary legends.
You must acquire and dedicate a License for each separate computer on which any part
or portion of the “Software” is installed or run As used in this License, the “Software” or
any part or portion of the “Software” is “in use” when it is either loaded into RAM or
installed on a hard disk or other permanent memory device including any networked or
shared environment where either direct or indirect connections are made through software
or hardware which pools or aggregates connections.
As a specific condition of this License, you agree to use the “Software” in compliance with
all applicable laws, including copyright laws, and that you will not copy, transmit, perform
or distribute any audio or other content using the “Software” without obtaining all
necessary Licenses or permissions from the owner of the content.
C. Restrictions:
You may not distribute copies of the “Software” to others or electronically transfer the
“Software” from one computer to another over a network. You may not post or otherwise
make available the “Software”, or any portion thereof, in any form, on the Internet. You
may not use the “Software” in a computer service business, including in time-sharing
applications. The “Software” contains trade secrets and, in order to protect them, you may
not decompile, reverse engineer, disassemble, or otherwise reduce the “Software” to a
human-perceivable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT,
LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK OR CREATE
DERIVATIVE WORKS BASED UPON THE “SOFTWARE” OR ANY PART THEREOF.
D. Limited Warranty:
FarStone warrants that the media on which the Software is distributed will be free from
defects for a period of fourteen (14) days from the date of delivery of the Software to you.
Your sole remedy in the event of a breach of this warranty will be that FarStone will, at its
option, replace any defective media returned to FarStone within the warranty period or
refund the money you paid for the Software. FarStone does not warrant that the Software
will meet your requirements or that operation of the Software will be uninterrupted or that
the Software will be error-free.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU
MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
E. Limitation of Liability:
IN NO EVENT WILL FARSTONE OR ITS LICENSORS BE LIABLE TO YOU FOR ANY
INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST
PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF FARSTONE OR A
LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion or
limitation of special, incidental, or consequential damages, so the above limitation or
exclusion may not apply to you.
F. General:
You acknowledge that you have read this Agreement, understand it, and that by using the
“Software” you agree to be bound by its terms and conditions. You further agree that it is
the complete and exclusive statement of the agreement between FarStone and you, and
supersedes any proposal or prior agreement, oral or written, and any other
communication between FarStone and you relating to the subject matter of this
Agreement. No additional or any different terms will be enforceable against FarStone
unless FarStone gives its express consent, including an express waiver of the terms of
this Agreement, in writing signed by an officer of FarStone. You assume full responsibility
for the use of the “Software” and agree to use the “Software” legally and responsibly.
Should any provision of this Agreement be declared unenforceable in any jurisdiction, and
then such provision shall be deemed severable from this Agreement and shall not affect
the remainder hereof. FarStone reserves all rights in the “Software” not specifically
granted in this Agreement.
Additional Terms and Conditions:
In addition to the above agreement, the following terms and conditions will also apply to
Your use of the Software:
A. You may use the Software on one Device to clone, or apply an image of a hard drive on
that Device, or to another hard drive on the same Device, a replacement Device,
secondary media, or network drive.
B. You may use the Software on a Device to create an image file of a hard drive on that
Device and store the image file on fixed or removable media for disaster recovery
purposes.
C. You may use the Software as a boot disk to re-apply the hard drive image that was
created for disaster recovery purposes to the hard drive on the Device from which the
disaster recovery image was made or on a replacement Device provided that the software
has been removed from the original Device.
D. You may use the Software to clone a hard drive from a Device to a replacement Device,
in the manner described in the Software documentation and to use the Software on the
replacement Device provided that the Software has been removed from the original
Device.
E. You may not use the Software commercially or non-commercially for the purpose of
creating an image on multiple Devices or hard drives, except for multiple hard drives
installed in or attached directly to the original Device.
F. For the purposes of this License Agreement, a virtual device is considered the same as
a physical device.
G. If the Software you have licensed includes the Recovery Manager the following uses
and restrictions apply to the Software:
(i) The Recovery Manager contains Windows® software licensed from Microsoft
Corporation. Microsoft Corporation has no liability to You for the Component. Any
support for the Component will be provided by FarStone in accordance with FarStone’s
then-current support guidelines.
(ii) THE RECOVERY MANAGER CONTAINS A TIME-OUT FEATURE THAT WILL
AUTOMATICALLY RE-BOOT THE DEVICE AFTER SEVENTY-TWO HOURS OF
CONTINUOUS USE. THIS TIME-OUT FEATURE WILL RESET EACH TIME THE
COMPONENT IS RE-LAUNCHED.
(iii) The Recovery Manager may be used as a boot, diagnostic, disaster recovery,
setup, restoration, emergency service, installation, test, and configuration utility program.
Use of the Component as a general purpose operating system or as a substitute for a fully
functional version of any operating system product is strictly prohibited.
Windows® is a registered trademark of Microsoft Corporation.
Should you have any questions concerning this Agreement, you may contact FarStone by
writing to:
FarStone Technology, Inc.
Legal Department
1758-B North Shoreline Blvd
Mountain View, CA 94043