Lenovo Y400 OneKey Recovery User's guide - Page 8

This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms (if any), Part 3 Program-unique Terms, and Proof of Entitlement and is the complete agreement between You and Lenovo regarding the use of the Program. It replaces any prior oral or written communications between You and Lenovo concerning Your use of the Program. The terms of Part 2 and Part 3 may replace or modify those of Part 1. 1. Entitlement License The Program is owned by Lenovo or a Lenovo supplier, and is copyrighted and licensed, not sold. Lenovo grants You a nonexclusive license to use the Program when you lawfully acquire it. You may 1) use the Program up to the level of use specified in the PoE and 2) make and install copies, including a backup copy, to support such use. The terms of this license apply to each copy You make. You will reproduce all copyright notices and all other legends of ownership on each copy, or partial copy, of the Program. If You acquire the Program as a program upgrade, after You install the upgrade You may not use the Program from which You upgraded or transfer it to another party. You will ensure that anyone who uses the Program (accessed either locally or remotely) does so only for Your authorized use and complies with the terms of this Agreement. You may not 1) use, copy, modify, or distribute the Program except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Program. Lenovo may terminate Your license if You fail to comply with the terms of this Agreement. If Lenovo does so, You must destroy all copies of the Program and its PoE. 2. Charges The amount payable for a Program license is a one-time charge. One-time charges are based on the level of use acquired which is specified in the PoE. Lenovo does not give credits or refunds for charges already due or paid. If You wish to increase the level of use, notify Lenovo or the party from whom You acquired it and pay any applicable charges. If any authority imposes a duty, tax, levy or fee, excluding those based on Lenovo's net income, upon the Program, then You agree to pay the amount specified or supply exemption documentation. You are responsible for any personal property taxes for the Program from the date that You acquire it. 3. No Warranty SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, LENOVO MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY. The exclusion also applies to any of Lenovo's Program developers and suppliers. Manufacturers, suppliers, or publishers of non-Lenovo Programs may provide their own warranties. Lenovo does not provide technical support, unless Lenovo specifies otherwise. 4. Limitation of Liability Circumstances may arise where, because of a default on Lenovo's part or other liability, You are entitled to recover damages from Lenovo. In each such instance, regardless of the basis on which You may be entitled to claim damages from Lenovo, (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), Lenovo is liable for no more than 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) the amount of any other actual direct damages up to the charges for the Program that is the subject of the claim. This limitation of liability also applies to Lenovo's Program developers and suppliers. It is the maximum for which they and Lenovo are collectively responsible. vi User Guide OneKey Recovery 4.6