IMPORTANT: Read this before using your copy of Portlock software.
This document is a legal agreement between you (an individual or business), the Licensee
and Portlock Corporation (Portlock). Use of the enclosed software indicates your acceptance of
these terms. As used in this License Agreement, the term SOFTWARE means the software
electronically generated, or included on the CD or disk media provided with this License
Agreement. The term SOFTWARE does not include any software that is covered by a
separate license offered or granted by a person other than Portlock.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, EITHER DESTROY OR
RETURN, INTACT, THE SOFTWARE PACKAGE, TOGETHER WITH THE OTHER COMPONENTS
OF THE PRODUCT TO THE PLACE OF PURCHASE FOR A REFUND OF THE PURCHASE
PROPRIETARY RIGHTS: The SOFTWARE and any accompanying documentation are the
proprietary products of Portlock, or its licensors and are protected under national laws and
international treaty provisions. Ownership of the SOFTWARE and all copies, modifications,
translations, and merged portions thereof shall at all times remain with Portlock and its
GRANT OF LICENSE and TERM: The SOFTWARE and accompanying documentation
are being licensed to you, which means you have the right to use the
SOFTWARE only in accordance with this License Agreement. The SOFTWARE is
considered in use on a computer when it is loaded into temporary memory or
installed into permanent memory. This license is effective from your date
of purchase and shall remain in force until terminated. You may terminate
the license and this License Agreement at any time by destroying the
SOFTWARE and the accompanying documentation, together with all copies in
PERSONAL LICENSE: This license is personal to you. You may not sublicense,
lease, sell, or otherwise transfer the SOFTWARE or any of the accompanying
documentation to any other person. You may use the SOFTWARE only for your
own personal use if you are an individual, or for your own internal business
purposes if you are a business.
COMPUTER-SPECIFIC LICENSE: Each permitted copy of the SOFTWARE may be used only in
connection with a hard drive(s) that is permanently connected to ONE specific computer
(either a stand-alone computer or a computer connected to a network) owned or leased by
you. Once a copy of the SOFTWARE has been used on a computer, it may not be used on
any other computer. If the SOFTWARE is made available on a network, only ONE specific
computer may access it. It may not be used on any additional computers without
purchasing additional licenses.
NUMBER OF COPIES LICENSED: You are authorized to use ONLY a single copy of the
SOFTWARE on a single computer. All copies of the SOFTWARE must include our copyright
notice and other legal notices.
UPDATES: When you purchase any Portlock product, you receive one year of free product
updates and technical support. After one year you may purchase a renewal
license which gives you an additional year of free upgrades and technical
Level One: Technical Support via Email
While Technical Support via Email is also free, support is limited to existing
customers and selective pre-sales evaluation questions. Questions from expired
customers will not be answered until the customer has renewed their software
Level Two: Tech Support Incidents via Telephone
Tech Support Incidents via Telephone are free for one year from the date of
purchase. Otherwise, customers may purchase a Tech Support Incident by calling
us at (425) 286-2489.
Level Three: Consultant Services
Consultant Services involve a Portlock Technician walking a customer through
an entire imaging process. Consultant Services may be purchased by calling us
at (425) 286-2489. Customers may have a Portlock Technician login to their
server using RConJ or RealVNC. Consultant Services cannot be used as Technical
Support Incidents and vice-versa. If an error is encountered during the
process, it will be resolved by the Portlock technician.
BACKUP COPY: Only ONE copy of the SOFTWARE may be created for archival or
NONPERMITTED USES: Without the express prior written permission of
Portlock, you may not (a) use, copy, modify, alter or transfer electron-
ically or otherwise, the SOFTWARE or documentation except as expressly
permitted in this License Agreement, or (b) translate, reverse program,
disassemble, decompile, or otherwise reverse engineer the SOFTWARE.
EXPORT CONTROLS: Certain uses of the SOFTWARE by you may be subject
to restrictions under U.S. regulations relating to exports and ultimate
end uses of computer software. You agree to fully comply with all
applicable U.S. laws and regulations, including but not limited to the
Export Administration Act of 1979 as amended from time to time and any
regulations promulgated thereunder.
U.S. GOVERNMENT RESTRICTED RIGHTS: If you are acquiring the SOFTWARE
on behalf of any unit or agency of the United States Government, the
following provision applies: It is acknowledged that the SOFTWARE and the
documentation was developed at private expense and that no part is in the
public domain and that the SOFTWARE and documentation are provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is
subject to restrictions as 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:
101 N Main St
Butte, MT 59701
LIMITED WARRANTY: (a) Portlock to you, the original end-user, (i) that
the SOFTWARE, other than third-party software, will perform substantially
in accordance with the accompanying documentation and (ii) that the
SOFTWARE is properly recorded on the disk media. This Limited Warranty
extends for ninety (90) days from the date of purchase. Portlock does not
warrant any third-party software that is provided with the SOFTWARE, but
Portlock agrees to pass on to you any warranties of the owner or licensor
to the extent permitted by the owner or licensor.
(b) This Limited Warranty does not apply to any SOFTWARE that has been
altered, damaged, abused, miss-applied, or used other than in accordance
with this license and any instructions included on the SOFTWARE and the
(c) Portlock's entire liability and your exclusive remedy under this
Limited Warranty shall be the repair or replacement of any Software
that fails to conform to this Limited Warranty or, at Portlock's option,
return of the price paid for the SOFTWARE. Portlock shall have no liability
under this Limited Warranty unless the SOFTWARE is returned to Portlock
or its authorized representative, with a copy of your receipt, within
the warranty period. Any replacement SOFTWARE will be warranted for the
remainder of the original warranty period or 30 days, whichever is longer.
(d) THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT
EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM USAGE
OF TRADE OR COURSE OF DEALING.
(e) THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, YOU MAY HAVE OTHERS
WHICH VARY FROM STATE TO STATE.
(f) Your failure to return the enclosed registration card or complete
the electronic registration included with the SOFTWARE may result in
Portlock's inability to provide you with updates to the SOFTWARE, and
you assume the entire risk of performance and result in such an event.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL PORTLOCK'S LIABILITY
RELATED TO ANY OF THE SOFTWARE EXCEED THE LICENSE FEES ACTUALLY PAID BY
YOU FOR THE SOFTWARE. EXCEPT FOR A RETURN OF THE PURCHASE PRICE UNDER
THE CIRCUMSTANCES PROVIDED UNDER THE LIMITED WARRANTY, NEITHER PORTLOCK
NOR ITS SUPPLIERS SHALL IN ANY EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER
ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN
IF PORTLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER
SUCH LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY OR ANY OTHER LEGAL OR
EQUITABLE GROUNDS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
NO WAIVER: Any failure by either party to this agreement to enforce
a specific part of the agreement in a specific situation is not a waiver
of rights under the agreement. The party may still enforce the rest of
the agreement in that situation and may still enforce some or all of the
agreement in other situations.
CONCLUSION: This License Agreement constitutes the entire agreement between you
and PORTLOCK pertaining to its subject matter. The laws of the State of
Montana govern this License Agreement. Any litigation arising from this
license will be pursued only in the state or federal courts located in
the State of Montana. Even if part of the agreement is held invalid, the
rest of the agreement is still valid, binding and enforceable.
Should you have any questions concerning this Agreement, or if you desire
to contact Portlock for any reason, please email or write to:
270 East Park Street, Suite C
Butte, MT 59701
Copyright © 2000-2009, Portlock Corporation. All rights reserved.