END-USER LICENSE AGREEMENT FOR GETTELEMETRY
IMPORTANT-READ CAREFULLY:
This End-User License Agreement ("License") is a legal agreement
between you and the maker of GetTelemtry software hereafter referred to
as MAKER. All software and third party software shall be referred to herein
as the SOFTWARE. This License covers only the SOFTWARE. The SOFTWARE includes
computer software, the associated media, any printed materials, and any
"on-line" or electronic documentation. By installing, copying
or otherwise using the SOFTWARE, you agree to be bound by the terms of this
License. If you do not agree to the terms of this License, the MAKER is
unwilling to license the SOFTWARE to you. In such event, you may not use
or copy the SOFTWARE, and you must delete all copies of the product(s) in
your possession.
GETTELEMETRY SOFTWARE LICENSE
The SOFTWARE is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The
SOFTWARE is licensed, not sold.
GRANT OF LICENSE. This License grants you the following rights:
* Software. You may install and as many copies of the SOFTWARE as you want.
* Back-up Copy. You may create back-up copies of the SOFTWARE. You may use
the back-up copy solely for archival purposes.
* You may NOT distribute or resell the software.
* You MUST include a copy of this license agreement with the SOFTWARE.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
* Limitation on Reverse Engineering, Decompilation and Disassembly.
You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE
in whole or in part.
* Separation of Components. The SOFTWARE is licensed as a single product.
Its component parts may not be separated for use on more than one computer.
* Rental. You may not rent or lease the SOFTWARE.
* Software Transfer. Software is not transferable.
* Termination. Without prejudice to any other rights, the MAKER may terminate
this License if you fail to comply with the terms and conditions of this
License. In such event, you must destroy all copies of the SOFTWARE and
all of its component parts.
COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text and "applets," incorporated into the SOFTWARE), and any copies of the SOFTWARE, are owned by MAKER or its suppliers. All rights not specifically granted under this License are reserved by MAKER.
HIGH RISK ACTIVITIES. The SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the SOFTWARE could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). The MAKER and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
U.S. GOVERNMENT RESTRICTED RIGHTS. THE SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
LIMITED WARRANTY
LIMITED WARRANTY ON CD-ROM MEDIA.
MAKER warrants that for a period of ninety (90) days from the date of its
delivery to you the CD-ROM media on which the SOFTWARE is furnished to you
will be free from defects in materials and workmanship under normal use.
This limited warranty extends only to you as the original licensee. MAKER's
entire liability and your exclusive remedy will be replacement of the CD-ROM
media not meeting MAKER's limited warranty and which is returned to MAKER
with proof of purchase in the form of a bill of sale (which is evidence
that the CD-ROM media is within the warranty period). MAKER will have no
responsibility to replace a disc damaged by accident, abuse or misapplication
(such as but not limited to, use as a shim, coffee coaster, bird cage liner,
or shovel). ANY IMPLIED WARRANTIES ON THE CD-ROM MEDIA, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE
LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
THESE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO
STATE.
EXCLUSION OF WARRANTY ON SOFTWARE.
You expressly acknowledge and agree that use of the SOFTWARE is at YOUR
SOLE RISK. The SOFTWARE is provided "AS IS" and without warranty
of any kind and MAKER and MAKER's LICENSORS (hereinafter, MAKER and MAKER's
LICENSORS shall be collectively referred to as "MAKER") EXPRESSLY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. MAKER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE
WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL
BE CORRECTED. FURTHERMORE, MAKER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF
ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY MAKER OR A MAKER AUTHORIZED REPRESENTATIVE
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
SHOULD THE SOFTWARE PROVE DEFECTIVE. YOU (AND NOT MAKER OR A MAKER AUTHORIZED
REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
HEREINAFTER, MAKER AND MAKER'S LICENSOR'S SHALL BE COLLECTIVELY REFERRED
TO AS "MAKER." MAKER SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH
OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED
TO THIS PRODUCT. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS,
LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED
EQUIPMENT, DOWN TIME AND PURCHASER'S TIME, EVEN IF MAKER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MAKER'S ENTIRE LIABILITY
UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY
PAID BY YOU ALLOCABLE TO THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION
OR LIMITATION MAY NOT APPLY TO YOU.
Should you have any questions concerning this license or limited warranty, you may contact the MAKER.
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