CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.

SOFTWARE LICENSE AGREEMENT

MICRO SOLUTIONS INC.
Version 3.2.2

These software programs in whole or in part including any documentation and media (Software), are protected by copyright laws and international treaty, and are a proprietary product of Micro Solutions, Inc. of DeKalb Illinois USA (MSI). Title to this Software is and remains with MSI.

Use of the Software is governed by the terms of this Software License Agreement (Agreement). By copying, installing, or using this software you agree to be bound by this Agreement. If for any reason you do not agree to the terms of the Agreement, please promptly return the Software along with the backpack product you purchased to the place of purchase for a refund.

Grant of Rights

MSI grants you the right to use the Software only with a backpack drive manufactured by MSI. If this Software is an upgrade from a previous version of a MSI software product, you may utilize either the current or prior version of the Software. This Agreement supersedes any prior version license and governs your use of the Software.

You may install the Software on multiple computers in a single working location but use the Software on a specific computer only when a backpack drive manufactured by MSI is connected to that computer and operating with that computer.

You may make copies of the Software as a whole, provided that you reproduce MSI's copyright notice, and as needed for operation of your backpack product(s), except that you may: (a) Only use the Software with a backpack drive manufactured by MSI, and (b) you cannot transfer the Software to any person or entity that is not affiliated with the purchaser of the backpack product(s). You may make copies of the written documentation, which accompanies the Software, in support of your authorized use of this Software.

The only rights granted to you in this Agreement are those explicitly stated.

Restrictions

You may not rent or lease the Software without the prior written permission of MSI. You may not decompile, disassemble, reverse engineer, copy, create a derivative work, or otherwise use the Software except as stated in this Agreement. Irrespective of the number of sets of media included with the Software, you are granted the right to use the Software only in connection with your backpack product. Certain qualifications may apply to the purchase of this Software; when present, they are printed on the Software package and form part of this Agreement.

Limited Warranty/Limitation of Liability

MSI WARRANTS THE MEDIA ON WHICH THE SOFTWARE IS DELIVERED TO BE FREE OF PHYSICAL DEFECTS FOR A PERIOD OF THIRTY DAYS FROM THE DATE OF DELIVERY TO YOU. THIS SOFTWARE IS LICENSED AS IS. IF FOR ANY REASON YOU ARE DISSATISFIED WITH THE SOFTWARE, PROMPTLY RETURN THE ENTIRE BACKPACK PRODUCT IN ITS ORIGINAL PACKAGE WITH PROOF OF PURCHASE TO THE PLACE OF PURCHASE FOR A REFUND.

MSI's entire liability and your exclusive remedy shall be replacement of your copy of the Software that does not meet MSI's Limited Warranty. MSI does not warrant that the functions contained in the Software will meet your requirements or that the operation of the program will be error free. The entire risk as to the quality and performance of the program is with you.

THESE WARRANTIES ARE IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL MSI BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MSI OR AN AUTHORIZED MSI REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede these limitations. As a result, these limitations of liability may not apply to you if prohibited by the laws of your jurisdiction.

General

If any provision of this Agreement is found to be unlawful, void, or unenforceable, then that provision shall be severed from this Agreement and will not affect the validity or enforceability of any of the remaining provisions. This Agreement shall be governed by the laws of the State of Illinois in the United States of America.

U.S. Government Restricted Rights
The Software and any accompanying materials are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Micro Solutions, Inc. 

Trademarks

Backpack is a registered trademark of Micro Solutions, Inc. of DeKalb Illinois USA.

Revocation

If you violate any of the terms of this Agreement your rights under this Agreement are revoked automatically.

Third Party Software

Software provided to you by MSI which is not the intellectual property of MSI (Third Party Software) is not subject to this Agreement. Any Third Party Software may be subject to restrictions by others.
