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Kingston SSD Manager LICENSE AGREEMENT (Revision 1)

PLEASE READ CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE Kingston SSD Manager OR ASSOCIATED UPDATES OR FIRMWARE.  
Prior to downloading, installing, or using the Kingston SSD Manager or associated updates or firmware (collectively, the “Application”) , it is important that you read the entirety of and understand this document. 

1. YOUR AGREEMENT WITH KINGSTON

1.1 “KINGSTON’’ means Kingston Digital, Inc.; and “you” or “your” means you, the user who is downloading, installing, or using the Application under these Terms.

1.2 Your agreement with Kingston is made up of the terms and conditions set out in this document (“Terms”).

2. ACCEPTANCE OF THE TERMS

2.1 In order to download, install, or use the Application you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree to the Terms; or (b) when you download, install, or use the Application. We advise you to print a copy of these Terms for your records. 

2.2 You cannot accept these Terms: (a) if you are not a lawful owner, or the agent of a lawful owner, of a Kingston product which uses the Application, or an otherwise lawful licensee of the Application; or (b) if you are not of legal age to form a binding agreement with Kingston. 

2.3  If you cannot agree or do not wish to agree to these Terms, do not download, install or use the Application.

3. CHANGES TO THE TERMS

3.1 Kingston may make changes to these Terms from time to time. Kingston will publish the changes at www.kingston.com/support. The changes will be effective when published. Please review the Terms on each download of Firmware. You understand and agree that your express acceptance of the Terms or your use of the Firmware after the date of publication shall constitute your agreement to the updated Terms.  

4.  LICENSES

4.1. If you are an end user, you may copy the Application onto a single computer for your personal, noncommercial use, and you may make one back-up copy of the Application, subject to these conditions: (a) this Application is licensed for use only in conjunction with Kingston products - use of the Application in conjunction with non-Kingston products is not licensed hereunder; (b) you may not copy, modify, rent, sell, distribute or transfer any part of the Application except as provided in this Agreement, and you agree to prevent unauthorized copying of the Application; (c) you may not reverse engineer, decompile, or disassemble the Application;  (d) you may not sublicense or permit simultaneous use of the Application by more than one user;  and, (e) the Application may include portions offered on terms in addition to those set out here, as set out in a license accompanying those portions. 

4.2 If you are an original equipment manufacturer, you may reproduce and distribute the Application only as an integral part of or incorporated in your product or as a standalone Application maintenance update for existing end users of your products, excluding any other standalone products, subject to these conditions: (a) this Application is licensed for use only in conjunction with Kingston products - use of the Application in conjunction with non-Kingston products is not licensed hereunder;  (b) you may not copy, modify, rent, sell, distribute or transfer any part of the Application except as provided in this Agreement, and you agree to prevent unauthorized copying of the Application; (c) you may not reverse engineer, decompile, or disassemble the Application; 
(d) you may only distribute the Application to your customers pursuant to a written license agreement, such license agreement may be a "break-the-seal" license agreement and at a minimum shall safeguard Kingston's ownership rights to the Application; and (e) the Application may include portions offered on terms in addition to those set out here, as set out in a license accompanying those portions.

5.  NO OTHER RIGHTS. No rights or licenses are granted by Kingston to You, expressly or by implication, with respect to any proprietary information or patent, copyright, mask work, trademark, trade secret, or other intellectual property right owned or controlled by Kingston except as expressly provided in this Agreement.

6.  OWNERSHIP OF APPLICATION AND COPYRIGHTS.  Title to all copies of the Application remains with Kingston or its suppliers. The Application is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Application. Kingston may make changes to the Application, or to items referenced therein, at any time without notice, but is not obligated to support or update the Application.  Except as otherwise expressly provided, Kingston grants no express or implied right under Kingston patents, copyrights, trademarks, or other intellectual property rights. You may transfer the Application only if the recipient agrees to be fully bound by these terms and if you retain no copies of the Application. Kingston reserves all rights not expressly granted to you under these Terms.

7. USE OF THE APPLICATION AND APPLICABLE WEBSITE

7.1 Suspension, technical improvement and maintenance: From time to time, Kingston may need to perform maintenance on or upgrade the underlying infrastructure that enables you to access and to download the Application. This may require Kingston to temporarily suspend or limit your access to the Application until such time as this maintenance and/or upgrade can be completed. No notice of such maintenance will be provided in advance. You will not be entitled to claim damages for such suspension or limitation.  

7.2 Quality: Kingston expressly disclaims any and all liabilities arising from or in connection with the download, installation, or use of the Application. Kingston cannot guarantee that the download, installation, or use of the Application will always function without disruptions, delay or errors or that in some instances an Application update will not have a negative impact on the performance of the applicable product (e.g., slower speed).  Kingston takes no responsibility for any such disruptions, delay, errors, failures, or other inadequacies. 

8. TERMINATION.   Kingston may terminate this Agreement at any time if you violate its Terms.  Upon termination, you will immediately destroy the Application or return all copies of the Application to Kingston.

9. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNITY

9.1 For the purposes of this paragraph 9, "Kingston" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

9.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE APPLICATION  IS PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER. KINGSTON DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE APPLICATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. KINGSTON FURTHER DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE, INCLUDING BUT NOT LIMITED TO  THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE APPLICATION.

9.3 No Liability: YOU ACKNOWLEDGE AND AGREE THAT KINGSTON WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO KINGSTON, IN CONNECTION WITH OR ARISING FROM YOUR DOWNLOAD, INSTALLATION, USE, OR INABILITY TO USE THE APPLICATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE APPLICATION IS TO CEASE USE OF THE APPLICATION.  

9.4 Limitation of Liability: SUBJECT TO PARAGRAPH 9.3 ABOVE, KINGSTON SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT KINGSTON HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, FOR: ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL OR REPUTATION (WHETHER DIRECT OR INDIRECT); OR ANY DAMAGE TO OR CORRUPTION OF DATA (WHETHER DIRECT OR INDIRECT); AND/OR ANY CLAIM, DAMAGE OR LOSS (WHETHER DIRECT OR INDIRECT ) ARISING FROM OR RELATING TO THE SERVICE LIMITATIONS SET OUT IN PARAGRAPH 7.1. Some jurisdictions prohibit exclusion or limitation of liability for implied warranties or consequential or incidental damages, so the above limitation may not apply to you.  You may also have other legal rights that vary from jurisdiction to jurisdiction.

9.5 If any third party brings a claim against Kingston in connection with, or arising out of your breach of these Terms, you will indemnify and hold Kingston harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.

10. HOW TO CONTACT KINGSTON

10.1 To contact Kingston in relation to the downloading, installation, or use of Application, please submit a support request to www.kingston.com/support.

10.2 If you contact Kingston by any means other than as set out in paragraphs 10.1, your request may not be acknowledged.

11. MISCELLANEOUS

11.1 These Terms constitute the entire agreement between you and Kingston with respect to your download, installation, or use of the Application and replace any prior agreements between you and Kingston with respect to the same.

11.2 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms. 

11.3 The failure by Kingston to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Kingston’s right or remedy. If Kingston waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.

11.4 You may not assign these Terms or any rights or obligations contained in them. Kingston may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.

11.5 This paragraph 11, along with paragraph 9 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.

11.6 The procedural and substantive laws of United States of America, without regard to conflicts of laws principles, will govern these Terms.  Any action brought to enforce these Terms shall be brought within the courts of the State of California, United States of America.  

11.7  You may not export the Application in violation of applicable export laws and regulations. Kingston is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Kingston.

12.   GOVERNMENT RESTRICTED RIGHTS. The Application is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Application by the Government constitutes acknowledgment of Kingston’s proprietary rights therein. Contractor or Manufacturer is Kingston Digital, Inc.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.  BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO DOWNLOAD, INSTALL, OR USE THE APPLICATION , YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND GRANT TO KINGSTON