RAMDisk(R) Version 4.3

Copyright (C) 2015 Dataram Corporation

All Rights Reserved

 

RAMDisk USAGE AND LICENSE AGREEMENT

 

Read the terms and conditions of this Usage and License Agreement (The “AGREEMENT”) carefully before continuing to install the RAMDisk software, accompanying files and user documentation (The “PROGRAM”).  The PROGRAM is copyrighted and licensed (Not sold) to you on a non-transferable, non-exclusive basis, for use only under the terms of this Agreement. Unless you have a different agreement signed by Dataram Corporation (Referred to as “LICENSOR”), your use of this PROGRAM indicates your acceptance of this AGREEMENT and stated warranty.  LICENSOR reserves all rights not expressly granted to You.

 

By installing the PROGRAM, you are accepting and agreeing to the terms of this AGREEMENT.  If you are not willing to be bound by the terms of this AGREEMENT, you should promptly exit the installation.  This AGREEMENT represents the entire agreement concerning the PROGRAM between you and LICENSOR, and it supersedes any prior proposal, representation, or understanding between the parties.

 

You agree that you may not reverse assemble, reverse compile, or otherwise translate the PROGRAM and are specifically prohibited from distributing, charging, or requesting donations for the PROGRAM.

 

Using this PROGRAM without an authorized Personal Use or Commercial Use License granted by the LICENSOR or with a fraudulent license file is in violation of U.S. and international copyright laws and you may be subject to prosecution and required to pay damages.

 

Governing Law

The laws of the State of New Jersey, excluding its conflicts of law rules, govern this license and your use of the PROGRAM. Your use of the PROGRAM may also be subject to other local, state, national, or international laws.

 

Disclaimer of Warranty

This PROGRAM is sold “AS IS” and without warranties as to performance or merchantability or any other warranties whether expressed or implied. Because of the various hardware and software environments into which the PROGRAM may be put, no warranty of fitness for a particular purpose is offered.   YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PROGRAM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM AND ANY SERVICES PERFORMED OR PROVIDED BY THE PROGRAM ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PROGRAM AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PROGRAM, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PROGRAM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PROGRAM OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PROGRAM OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PROGRAM OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PROGRAM, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ACTIVATION.

 

Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the PROGRAM. 

 

High Risk Activities

The PROGRAM is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the PROGRAM could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, LICENSOR and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that LICENSOR and its suppliers will not be liable for any claims or damages arising from the use of the PROGRAM in such applications.

Limit of Liability                                                                                                                                              

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED PROGRAM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

In no event shall LICENSOR’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the greater of the total amount that was paid to use the PROGRAM under this Agreement or fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Indemnification                                                                                                                                                   

You and any user(s) of the PROGRAM will indemnify and hold LICENSOR, its affiliates, officers, directors, employees, agents, and representatives harmless from and against any and all damages, costs, expenses, and liabilities, including, without limitation, reasonable attorneys’ fees and expenses, arising from or in connection with any claims of third parties that result from or arise in connection with the use of the PROGRAM.

Export Control.

You may not export the PROGRAM into any country prohibited by the United States Export Administration Act and the regulations thereunder.

 

ADDITIONAL TERMS APPLICABLE FOR PERSONAL USE

Subject to the terms in this AGREEMENT, you are hereby granted a Personal Use License to install and use this PROGRAM on one (1) system that you own, without charge for personal use and authorized to create up to a 1 GB RAMDisk.

 

The license is effective until terminated by You or LICENSOR. Your rights under this license will terminate automatically without notice from LICENSOR if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the PROGRAM, and destroy all copies, full or partial, of the PROGRAM 

 

If you wish to create disks greater than 1 GB for personal use, registration and a license fee are required.  The registration and payment of the license fee is supported and made available through our website at http://memory.dataram.com/products-and-services/software/ramdisk by selecting the Purchase License option under the Personal Use RAMDisk product category.

 

If you use this PROGRAM for commercial use or any other purpose other than personal use, a license fee and appropriate commercial license is required.  The registration and payment of the license fee is supported and made available through our website at http://memory.dataram.com/products-and-services/software/ramdisk by selecting the option for Commercial Use of RAMDisk or emailing ramdisksales@dataram.com. 

 

 

ADDITIONAL TERMS APPLICABLE FOR COMMERICAL USE

Authorized use of the PROGRAM for commercial use or any other purpose other than personal use is obtained by providing the appropriate registration and payment of  an annual license fee  which is supported and made available  through our website at http://memory.dataram.com/products-and-services/software/ramdisk by selecting the option for Commercial Use of RAMDisk or emailing ramdisksales@dataram.com. During this process, the following information is obtained and is hereby incorporated into this AGREEMENT:

 

I.              The designation of the specific entity (CUSTOMER) for whom the PROGRAM Commercial License is being granted to.

II.             The number of authorized licenses (AUTHORIZED LICENSES) procured and granted to the CUSTOMER and associated annual License Fee (LICENSE FEE PAYMENT) to be paid to LICENSOR.

III.            The contact information for the CUSTOMER (CUSTOMER CONTACT) to be used for correspondence and invoicing purposes.

 

Subject to the terms of this AGREEMENT and in consideration of the LICENSE FEE PAYMENT made by the CUSTOMER, LICENSOR hereby grants the CUSTOMER a Commercial License to use the PROGRAM for a period of one (1) year.  As such, the LICENSOR permits the CUSTOMER to install and use the LICENSOR’s PROGRAM on any system owned by CUSTOMER, to the extent that the number of copies does not exceed the AUTHORIZED LICENSES.  To retain the right to use the PROGRAM, CUSTOMER must renew its license annually.  CUSTOMER will be invoiced in advance of the annual renewal date.  CUSTOMER’s rights under this license will terminate automatically without notice from LICENSOR if CUSTOMER fails to renew the license annually, or otherwise fails to comply with any term(s) of this license. Upon termination of the license, CUSTOMER shall cease all use of the PROGRAM, and destroy all copies, full or partial, of the PROGRAM.

 

CUSTOMER agrees that LICENSOR may audit CUSTOMER’s use of the PROGRAM for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the PROGRAM by CUSTOMER other than in full compliance with the terms of this Agreement, CUSTOMER shall reimburse LICENSOR for all reasonable expenses related to such audit in addition to any other liabilities CUSTOMER may incur as a result of such non-compliance. 

 

 

Upon annual renewal of the license, LICENSOR will issue an invoice to the CUSTOMER, sent to the attention of the CUSTOMER CONTACT.  CUSTOMER will make such payment to LICENSOR under terms of net/30.  Failure by the CUSTOMER to adhere to the payment terms will automatically terminate your authorized PROGRAM license(s) and require the CUSTOMER to immediately remove all copies of the PROGRAM from any systems owned by the CUSTOMER.  Use of this PROGRAM with an expired license in a commercial environment or with a fraudulent license file is in violation of U.S. and international copyright laws and may subject You to prosecution and required to pay damages.