Kingston Digital, Inc. end user license agreement

KINGSTON DIGITAL, INC.

END USER LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY:  This End User License Agreement (''Agreement'') is a legal agreement between you (either an individual or a single entity) and Kingston Digital, Inc. ("Kingston"). This Agreement relates to the software accompanying Kingston’s products in any medium, which includes computer software and may include associated media, printed materials and ''online'' or electronic documentation (the ''Software'').  The Software contains certain software, programs or code belonging to Kingston, and/or Kingston’s third party licensors (“Licensors”), which are being provided to you under the terms and conditions of this Agreement, and/or a separate and distinct license agreement that is included with the accompanying Kingston urDrive (the “Licensed Product”) and incorporated herein by reference (“Thirty Party Licenses”).  If there is a conflict between this Agreement and Third Party Licenses with respect to any software, program or code belonging to the Licensors, the provisions of the applicable Third Party License shall prevail.

BY CLICKING ON “I AGREE” OR DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND FURTHER AGREE THAT THE THIRD PARTY LICENSORS ARE THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THE  SOFTWARE.

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  All of the Software is licensed, not sold. All right and title in and to the Software (including, but not limited to, any images, photographs, animation, video, audio, music, text and applications incorporated into the Software) is owned by Kingston or one or more of the Licensors.  Kingston and its Licensors reserve all rights that this Agreement does not expressly grant to you.  

1.            License Grant.

(a)           Grant of License. Subject to the terms and conditions of this Agreement, you may access and use the Software in connection with the use of the Licensed Product.

(b)           Restrictions on Use. The Software is provided to you solely for use as installed on the Licensed Product. Use of this Software with any other flash disk, flash card, resident flash array or solid state disk of any kind is expressly prohibited, and constitutes an illegal infringement of patents, copyright and other rights of Kingston and Licensors in and to the Software.

2.            Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, reverse compile, adapt or disassemble any of the Software or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

3.            Non-Circumvention. You are not allowed to circumvent, bypass, modify or defeat any of the functions or protections of the Software or any mechanisms operatively linked to the Software.

4.            Termination. Without prejudice to any other rights, Kingston may terminate this