Last updated: July 26, 2022

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Introduction

By opening this software download, installing any software included within, or clicking on the “ACCEPT” prompt of the online version of this agreement, you are confirming that you have read the agreement and have agreed to comply by its terms and conditions. If you do not agree to the stated terms and conditions, do not download, install, use, copy or distribute this software.

NOW THEREFORE, in consideration of the foregoing and the mutual promises and covenants contained within this Software License Agreement, the parties hereby agree as follows:

This Software License Agreement is for the driver code/application download from the HighPoint Technologies, Inc. website. After agreeing to the terms and conditions of this Agreement, Highpoint will recognize the activation of your Software License, and you may proceed to use or install the Software. This Software License Agreement is not a transfer of rights, title or interest between HighPoint Technologies, Inc. and you. The Software License exclusively grants you the following rights.

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Contents/License

This download includes software for one or more HighPoint Technologies, Inc. storage and connectivity solution/products. The software may include a device driver, driver code or software application that enable the specified product(s) to interact with a specified operating system and/or host platform.

 

Term and Termination

The terms of this License Agreement shall begin immediately following the initial use or installation of the Software download, and will remain in effect until you choose discontinue use of the Software. HighPoint reserves the right to terminate this License if you fail to comply with the terms and conditions of this Agreement. If HighPoint determines that your License shall be terminated, you must immediately uninstall and delete all copies of the Software. HighPoint may request certification of these actions in writing, to be issued within 5 business days of termination date.

 

No Warranty

This software download is provided by HighPoint Technologies, Inc., free of charge. There is no warranty for the software included with this download, and it is provided as is.

 

Restrictions

HighPoint Technologies, Inc. Software is protected by local and international copyright laws.

This software can be used, free of charge, for private, non-commercial purposes. This software may not be resold, or distributed, either in its default or modified states, without express written permission from HighPoint Technologies, Inc.

The Licensee shall not reverse engineer, decompile or otherwise attempt to derive source code from the Software download. In addition, the Licensee may not remove, alter or obscure any proprietary labels, notations or marks from the Software.

Licensee further acknowledges and agrees that all rights, titles and interest in the Software, and all subsequent copies thereof, regardless of the form or media, are retained and held by HighPoint Technologies, Inc. All rights in or to Intellectual Property not expressly assigned, licensed, covenanted or otherwise conveyed to the Software Licensee under this Agreement, are reserved by HighPoint Technologies, Inc.

 

Limitation of Liability

In no event will HighPoint Technologies, Inc. be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use this product or documentation, even if advised of the possibility of such damages. In particular, HighPoint Technologies, Inc. shall not have liability for any hardware, software, or data stored or used with the product, including the costs of repairing, replacing, or recovering such hardware, or data.

 

No Support

HighPoint Technologies, Inc. is not obligated to provide any technical support for software that has been altered or modified from its original form.

 

General Provision

If any term or condition of this Software License Agreement is held void or unenforceable by a competent court, all the other terms and conditions shall survive. This Agreement will terminate immediately if you breach any of its terms and conditions. You agree and are solely responsible to ensure that your use or sublicense of the Drivers will not violate any law or treaties of any state or country.