User's Manual

for any purpose other than in connection with the Product or in a manner inconsistent with the design or documentations of the
Licensed Software; (b) license, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Licensed Software or use
the Licensed Software in any commercial hosted or service bureau environment; (c) reverse engineer, decompile, disassemble or
attempt to discover the source code for or any trade secrets related to the Licensed Software, except and only to the extent that
such activity is expressly permitted by applicable law notwithstanding this limitation; (d) adapt, modify, alter, translate or create
any derivative works of the Licensed Software; (e) remove, alter or obscure any copyright notice or other proprietary rights notice
on the Licensed Software or Product; or (f) circumvent or attempt to circumvent any methods employed by Transcend to control
access to the components, features or functions of the Product or Licensed Software.
5. Copying. Customer may not copy the Licensed Software except that one copy of any separate software component of the
Licensed Software may be made to the extent that such copying is necessary for Customer's own backup purposes.
6. Open Source. The Licensed Software may contain open source components licensed to Transcend pursuant to the license
terms specified as below,
(a) GNU General Public License (GPL), the terms of which is currently available at
http://www.gnu.org/licenses/gpl.html
(b) GNU Lesser General Public License (LGPL), the terms of which is currently available at
http://www.gnu.org/copyleft/lesser.html
and/or
(c) Code Project Open License (CPOL), the terms of which is currently available at
http://www.codeproject.com/info/cpol10.aspx
The above license terms will control solely with respect to the open source components. In the event that this Agreement
conflicts with the requirements of the above one or more terms with respect to the use of the corresponding open source
components, Customer agrees to be bound by such one or more license terms.
7. Disclaimer. TRANSCEND MAKES NO WARRANTY AND REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE
INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE
LICENSED SOFTWARE FOR ANY PURPOSE. ALL SUCH INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TRANSCEND HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, LICENSED SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND
NON-INFRINGEMENT.
IN NO EVENT SHALL TRANSCEND BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTION WITH THE USE, PERFORMANCE OR
ACCURACY OF THE LICENSED SOFTWARE OR WITH THE DELAY OR INABILITY TO USE THE LICENSED SOFTWARE,
OR THE PRODUCT WITH WHICH THE LICENSED SOFTWARE IS ASSOCIATED, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRANSCEND HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.