End user agreement for PCmover Professional
Laplink Software, Inc. ("LAPLINK") License Agreement
IF YOU BREAK THE SEAL OR OTHERWISE OPEN THE PACKAGE CONTAINING THE SOFTWARE
PROGRAM MEDIA OR BY INSTALLING THE SOFTWARE, YOU ARE, BY THAT ACT,
ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO
BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU ARE AN EMPLOYEE OR AGENT OF A
COMPANY AND ARE ENTERING INTO THIS AGREEMENT TO OBTAIN THE SOFTWARE FOR USE
BY THE COMPANY FOR ITS OWN BUSINESS PURPOSES, YOU HEREBY AGREE THAT YOU ENTER
INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND THAT YOU HAVE THE AUTHORITY
TO BIND THE COMPANY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU
FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT
BETWEEN US AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, BOTH ORAL OR
WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT
MATTER OF THIS AGREEMENT. YOU FURTHER AGREE THAT IF LAPLINK IS REQUIRED TO
ENGAGE IN ANY PROCEEDING, LEGAL OR OTHERWISE, TO ENFORCE ITS RIGHTS UNDER THIS
AGREEMENT, LAPLINK SHALL BE ENTITLED TO RECOVER FROM LICENSEE, IN ADDITION TO
ANY OTHER SUMS DUE, REASONABLE ATTORNEY FEES, COSTS, AND DISBURSEMENTS.
OWNERSHIP OF SOFTWARE.
You acknowledge and agree that all of the computer programs (including updates that LAPLINK
may furnish to you from time to time) and associated documentation contained in this package or
otherwise obtained (collectively, the "Software") are owned exclusively by LAPLINK and/or its
licensors. The Software is protected under copyright and other intellectual property laws of the
United States and international copyright treaties. You acknowledge and agree that the price
paid by you for the Software is a license fee granting you only the rights set forth in this License
LAPLINK grants to you, and you accept, a limited, non-exclusive and revocable license to use the
Software, in machine-readable, object code form only. You agree to use the Software only as
authorized in this License Agreement. This License Agreement does not convey to you any
ownership rights or any other interest in the Software.
SCOPE OF LICENSE.
You may not make any changes or modifications to the Software, and you may not translate,
decompile, disassemble, or otherwise reverse engineer the computer program(s), except to the
extent permitted by applicable law. The Software is for migrating programs, files, and settings
from one computer (the "old/source computer") to another computer (the "new/destination
computer"). To perform a migration from an additional old/source computer requires an
You agree to use all reasonable efforts to protect the Software from unauthorized use,
modification, reproduction, distribution, or publication. You are not permitted to make any uses
or copies of the Software that are not specifically authorized by the terms of this License
Agreement, and LAPLINK reserves all rights that are not expressly granted to you. Your
adherence to this License Agreement will allow LAPLINK to continue developing innovative and
useful products and providing a high level of customer service and support.
This license will become effective on the date you acquire the Software and will remain in force
until terminated. You may terminate this license at any time by removing the Software from your
computer and destroying the original Software and all copies. This license will automatically
terminate if you breach any of the terms or conditions set out in this License Agreement. You
agree to remove the Software from your computer, and either to destroy the original Software
and all copies of the Software and documentation or to return them to LAPLINK upon termination
of this license for any reason.
You may transfer your license of the Software to another party by transferring the original
program media and all applicable documentation, including the original of this License
Agreement, to the recipient, who agrees to the terms of this Agreement. All other copies of the
Software must be deleted and/or destroyed. Any transfer of possession of the Software
terminates your license and all associated benefits under this License Agreement. You must
notify LAPLINK in writing of such a transfer.
You may copy this Software and associated documentation for backup or archival purposes.
Alternatively, you may transfer this Software to a single hard disk drive, provided that you keep
the original program media and accompanying documentation in your possession for backup or
archival purposes. Any such copies of the Software or documentation shall include LAPLINK's
copyright and other ownership notices.
LAPLINK warrants the physical program media and physical documentation to be free from
defects in materials and workmanship for a period of 30 (thirty) days from the date of your
purchase. If you notify LAPLINK of defects in materials or workmanship during the warranty
period, LAPLINK will replace the defective program media or documentation or, at its option,
refund the purchase price. Your remedy for breach of this warranty shall be limited to
replacement or refund and shall not encompass any other damages.
No dealer, distributor, agent or employee of LAPLINK is authorized to make any modification or
addition to the warranty and remedies stated above. LAPLINK is authorized to make any
modification or addition to the warranty and remedies stated above.
LAPLINK SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. LAPLINK DOES NOT WARRANT THE PHYSICAL PROGRAM MEDIA,
PHYSICAL DOCUMENTATION OR COMPUTER PROGRAM(S) OTHER THAN AS EXPRESSLY STATED
ABOVE, NOR DOES LAPLINK PROVIDE ANY WARRANTY AS TO THE OPERATION OF THE
SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR APPLICATION, USE, OR PURPOSE.
LIMITATION OF LIABILITIES AND REMEDIES.
IN NO EVENT SHALL LAPLINK OR ITS LICENSORS HAVE ANY LIABILITY FOR ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, WHATSOEVER,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE ARISING OUT OF THIS
AGREEMENT, THE LICENSING OF SOFTWARE BY LAPLINK OR THE PROVISION OF
MAINTENANCE AND SUPPORT SERVICES BY LAPLINK, EVEN IF LICENSEE HAS ADVISED
LAPLINK OF THE POSSIBILITY OF SUCH DAMAGES, AND INCLUDING UNDER ANY CLAIM OF
NEGLIGENCE, STRICT LIABILITY, DESIGN DEFECT, OR OTHER THEORY. IN NO EVENT SHALL
THE LIABILITY OF LAPLINK OR ITS LICENSORS EXCEED THE PURCHASE PRICE PAID FOR THE
SOFTWARE, LESS ALL APPLICABLE TAXES AND DUTIES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATIONS OF LIABILITIY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE AFOREMENTIONED LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
U.S. GOVERNMENT RESTRICTED RIGHTS.
The Software is provided with Restricted Rights. Use, duplication, or disclosure by the United
States Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in
Technical Data and Computer Software clause at 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 Laplink Software, Inc., 14335 NE 24th Street, Suite 201,
Bellevue, Washington, 98007, U.S.A.
Copyright Laplink Software, Inc. All rights reserved. Laplink, the Laplink logo, Connect Your
World, and PCmover, are either registered trademarks or trademarks of Laplink Software, Inc. in
the United States and/or other countries. Other brands and products are trademarks of their
No right or license to any trademarks owned by Laplink Software, Inc. or others appearing in the
Software or packaging is granted to you by this License Agreement.
This license and your right to use this software shall automatically terminate if you fail to comply
with any provision of this license and warranty agreement.
The Software and related technology are subject to U.S. export control laws and may be subject
to export or import regulations in other countries. You agree to strictly comply with all such laws
and regulations and acknowledge that you have the responsibility to obtain such licenses to
export, re-export or import as may be required.
HIGH RISK ACTIVITY.
You acknowledge and agree that the Software is not intended for use with any high risk or strict
liability activity, including, without limitation, air or space travel, technical building or structural
design, power plant design or operation, life support or emergency medical operations or uses,
and that LAPLINK makes no warranty and shall have no liability arising from any use of the
Software in any high risk or strict liability activities.
TERMINATION. This license and your right to use this software shall automatically terminate if
you fail to comply with any provision of this license and warranty agreement.
Unless otherwise restricted by law, you agree that this License Agreement shall be construed,
interpreted, and governed by the laws of the State of Washington of the United States of
America, without regard to the laws governing conflicts of law. If any action is brought by either
party against the other regarding any subject matter of this License Agreement, the prevailing
party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees
and expenses of litigation. You further agree that any claim relating to this License Agreement
shall be brought in the courts of competent jurisdiction in the State of Washington. If any term of
this License Agreement is declared void or unenforceable by any court of competent jurisdiction,
enforcement of the remaining terms shall not be affected. No waiver of any right under this
License Agreement shall be effective unless in writing and signed by both parties. No waiver of
any past or present right arising from any breach or failure to perform shall be deemed to be a
waiver of any future right arising under this License Agreement. This License Agreement sets
forth the entire agreement between LAPLINK and you with respect to all matters covered herein.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS LICENSE AGREEMENT, PLEASE CONTACT
LAPLINK SOFTWARE. INC. AT 14335 NE 24th STREET, SUITE 201, BELLEVUE, WA, 98007,
U.S.A., +1 (425) 952-6000, OR CONTACT YOUR REGIONAL LAPLINK OFFICE.