USB Floppy Enabler Download Page
In order to download and use PACE Anti-Piracy's USB Floppy Enabler, you must agree to the following license agreement. After you have read and agreed to the license agreement, please click on the "Agree and Download" link to continue.
IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW.
USB FLOPPY ENABLER SOFTWARE LICENSE AGREEMENT TERMS AND CONDITIONS
APPLICABILITY OF AGREEMENT. This USB Floppy Enabler Software License Agreement ("Agreement") describes the respective rights and obligations of PACE Anti-Piracy, Inc. ("PACE") and Licensee regarding Licensees use of PACE's proprietary USB Floppy Enabler software program ("USB Floppy Enabler") and all related materials, as well as all written or oral information provided by PACE to Licensee (the "Documentation"). The USB Floppy Enabler is intended to enable USB floppy drives accessibility to copy protected or digitally wrapped software and/or media.
1. License. In accordance with the terms and conditions contained herein, PACE grants to Licensee a nonexclusive, nontransferable license to use the USB Floppy Enabler. Notwithstanding anything to the contrary herein, any license agreement included in any third party software component(s) shall set forth Licensee's rights with regard to such software component(s) and shall take precedence over the terms and conditions of this software license agreement to the extent they are inconsistent. PACE retains title to the USB Floppy Enabler and related Documentation although the Licensee owns the media on which the USB Floppy Enabler and Documentation are recorded, if any.
2. Restrictions. This License sets forth the terms and conditions governing the use of the USB Floppy Enabler and related Documentation. Licensee may not rent, lease or otherwise transfer the USB Floppy Enabler or its Documentation. The USB Floppy Enabler contains copyrighted material, trade secrets and other proprietary material. Licensee must reproduce on all such copies of the USB Floppy Enabler the copyright notices and any other proprietary legends that contained on the original copy of the USB Floppy Enabler. Licensee shall not, without the prior written permission of PACE, nor permit anyone else to, decompile, reverse engineer, disassemble or otherwise reduce the USB Floppy Enabler to a human perceivable form, or to modify, network, rent, lease, loan, distribute, or create derivative works based upon the USB Floppy Enabler or the Documentation in whole or in part. Notwithstanding, if the USB Floppy Enabler is lawfully acquired outside of the United States within a jurisdiction which is a member of European Economic Community (EEC) subject to the EEC Council Directive of May 14, 1991, Licensee agrees that within that jurisdiction it shall not, and shall not allow any party on Licensee's behalf, to attempt to reverse engineer or decompile the USB Floppy Enabler into another computer language, except as expressly and specifically provided in the EEC Council Directive of May 14, 1991. Any and all information obtained during such lawful reverse engineering and/or decompiling activities, including but not limited to, the organization, logic, algorithms and processes of the USB Floppy Enabler, shall be deemed to be the confidential and proprietary information of PACE or its Licensors
3. Technical Support. This license contains no support. Upgrades to the USB Floppy Enabler and its Documentation, if any, are not included and may be distributed and/or sold separately.
4. Termination. This License is effective until terminated. Licensee may terminate this License at any time by destroying all copies of the USB Floppy Enabler and its Documentation. This License will terminate immediately without notice from PACE if Licensee fails to comply with any provision of this License. Upon termination, Licensee must destroy all copies of the USB Floppy Enabler and its Documentation.
5. Export Law Assurances. Licensee agrees and certifies that neither the USB Floppy Enabler nor any other technical data received from PACE, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the USB Floppy Enabler has been rightfully obtained by Licensee outside of the United States, Licensee agrees that Licensee will not re-export the USB Floppy Enabler nor any other technical data received from PACE, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which Licensee obtained the USB Floppy Enabler. The USB Floppy Enabler may not be exported to any of the following countries: Cuba, Iran, Iraq, Libya, North Korea, or Syria.
6. Government End Users. If Licensee is acquiring the USB Floppy Enabler on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the USB Floppy Enabler is supplied to the Department of Defense ("DOD"), the USB Floppy Enabler is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the USB Floppy Enabler and its Documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if the USB Floppy Enabler is supplied to any unit or agency of the United States Government other than DOD, the Government's rights in the USB Floppy Enabler and its Documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.
7. Disclaimer of Warranty. Licensee expressly acknowledges and agrees that the use of the USB Floppy Enabler and its Documentation is at Licensee's sole and exclusive risk. The USB Floppy Enabler and Documentation are provided "AS IS" and without warranty of any kind. Information regarding any third party services included in this package is provided as a convenience only, without warranty by PACE, and will be governed solely by the terms agreed upon between Licensee and the third party providing such services. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, PACE AND PACE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 7 AND 8, PACE AND PACE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO HEREIN AS PACE) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. PACE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE USB FLOPPY ENABLER WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE USB FLOPPY ENABLER WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE USB FLOPPY ENABLER WILL BE CORRECTED. FURTHERMORE, PACE DOES NOT WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE USB FLOPPY ENABLER OR ITS DOCUMENTATION IN TERMS OF ITS OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PACE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; HOWEVER, THE TERMS OF THIS SECTION 7 SHALL APPLY TO ANY USE OF OR INABILITY TO USE THE USB FLOPPY ENABLER, TO THE MAXIMUM EXTENT ALLOWED BY LAW.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PACE, ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR INABILITY TO USE THE SOFTWARE OR ITS DOCUMENTATION, EVEN IF PACE OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; HOWEVER, THE TERMS OF THIS SECTION 8 SHALL APPLY TO ANY USE OF OR INABILITY TO USE THE USB FLOPPY ENABLER, TO THE MAXIMUM EXTENT ALLOWED BY LAW.
In no event shall PACE's total liability to Licensee for all damages, losses, and causes of action (regardless of whether such damages are based in contract, tort, including negligence, or otherwise) exceed in the aggregate the amount paid by Licensee for the USB Floppy Enabler and its Documentation.
9. No Waiver or Assignment. No delay or failure to take action under this License will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of PACE, and no single waiver shall constitute a continuing or subsequent waiver. This License may not be assigned, sublicensed or otherwise transferred by Licensee, by operation of law or otherwise, without PACE's prior written consent, provided that Licensee may assign this License upon written notice to PACE in instances in which such assignment is to an entity which acquires all or substantially all of the business of Licensee, whether by merger, consolidation, or acquisition of assets.
10. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
11. Entire Agreement. This License constitutes the entire agreement between the parties with respect to the use of the USB Floppy Enabler and its Documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. There shall be no contract for purchase or sale of the USB Floppy Enabler except upon the terms and conditions specified herein. Any additional or different terms or conditions proposed by Licensee or contained in any purchase order are hereby rejected and shall be of no force and effect unless expressly agreed to in writing and signed by a duly authorized representative of PACE. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of PACE.
Copyright (c) 1999 by PACE Anti-Piracy Incorporated. All rights reserved