3. Intellectual Property Rights.
As between Transcend and Customer, the copyright and all other intellectual property rights in the
Licensed Software are the property of Transcend or its supplier(s) or licensor(s). Any rights not expressly
granted in this License are reserved to Transcend.
4. License Limitations.
Customer may not, and may not authorize or permit any third party to: (a) use the Licensed Software 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. 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
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