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License.txt
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License.txt
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END-USER LICENSE AGREEMENT
Please read this End-User License Agreement ("Agreement")
carefully before clicking the "I Agree" button, downloading or
using Ham Cockpit ("Software").
By clicking the "I Agree" button, downloading or using the
Software, you are agreeing to be bound by the terms and
conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click
on the "I Agree" button and do not download or use the Software.
License
Afreet Software, Inc. ("Company") grants you a revocable,
nonexclusive, nontransferable, limited license to download,
install and use the Software solely for your personal,
noncommercial purposes strictly in accordance with the terms
of this Agreement.
Restrictions
You agree not to, and you will not permit others to:
- license, sell, rent, lease, assign, distribute, transmit,
host, outsource, disclose or otherwise commercially exploit the
Software or make the Software available to any third party;
- modify or create derivative works of the Software or any parts
thereof;
- reverse engineer, decompile, translate, disassemble or
otherwise attempt to (i) derive the source code or the
underlying ideas, algorithms, structure or organization of any
Software except to the extent permitted by applicable law; or
(ii) defeat, avoid, bypass, remove, deactivate, or otherwise
circumvent any software protection mechanisms in the Software,
including, without limitation, any such mechanism used to
restrict or control the functionality of the Software.
Modifications to Software
Company reserves the right to modify, suspend or discontinue,
temporarily or permanently, the Software or any service to which
it connects, with or without notice and without liability to
you.
Infringement Acknowledgement
You and Company acknowledge and agree that, in the event of a
third party claim that the Software or your possession or use of
the Software infringes any third party's intellectual property
right, you (and not Company) will be responsible for the
investigation, defense, settlement and discharge of any such
claim of intellectual property infringement. You will, however,
promptly notify Company in writing of such a claim.
Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE
IS LICENSED "AS-IS" AND "AS AVAILABLE", WITH ALL FAULTS. COMPANY
DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT
TO ANY SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, ACCURACY, QUALITY OF SERVICE OR RESULTS,
AVAILABILITY, SATISFACTORY QUALITY, LACK OF VIRUSES, TITLE,
FITNESS FOR A PARTICULAR USE OR NON-INFRINGEMENT, TO THE EXTENT
AUTHORIZED BY LAW. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE
SOFTWARE AND ITS FEATURES OR FUNCTIONALITY AND ANY COMMUNICATION
WITH YOU IS FOR INFORMATION PURPOSES ONLY, AND DOES NOT
CONSTITUTE A WARRANTY OR REPRESENTATION. WITHOUT LIMITING THE
FOREGOING, THE COMPANY EXPRESSLY DOES NOT WARRANT THAT THE
CONTENT, OPERATION, OUTPUT OR IMPLEMENTATION OF THE SOFTWARE
WILL: (I) MEET YOUR REQUIREMENTS; (II) BE UNINTERRUPTED,
ERROR-FREE, ACCURATE, RELIABLE OR COMPLETE; (III) BE COMPATIBLE
WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (IV) OR THAT
COMPANY OR ANY THIRD PARTY WILL RESOLVE ANY PARTICULAR SUPPORT
REQUEST OR FIX ANY ERRORS OR THAT SUCH RESOLUTION WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS. YOU SHALL BEAR THE ENTIRE RISK AS
TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE.
Limitations of Liability
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS SUPPLIERS OR
THEIR RESPECTIVE AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS,
SHAREHOLDERS, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF
LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE)
FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF MONEY, REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM THIS EULA OR THE INSTALLATION, MAINTENANCE,
PERFORMANCE, FAILURE OR INTERRUPTION OR USE OF THE SOFTWARE,
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE), EVEN IF COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING
THESE TERMS, COMPANY OR ANY OF ITS SUPPLIERS ARE FOUND TO BE
LIABLE, THE LIABILITY OF THE COMPANY OR ITS SUPPLIERS OR THEIR
RESPECTIVE AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS,
SHAREHOLDERS, AGENTS OR LICENSORS TO YOU OR TO ANY THIRD PARTY
IS LIMITED TO ONE HUNDRED DOLLARS ($100). THIS LIMITATION IS
CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE
THAN ONE INCIDENT OR CLAIM.
Term and Termination
This Agreement shall remain in effect until terminated by you or
the Company. The Company may, in its sole discretion, at any
time and for any or no reason, suspend or terminate this
Agreement with or without prior notice. This Agreement will
terminate immediately, without prior notice from the Company, in
the event that you fail to comply with any provision of this
Agreement. You may also terminate this Agreement by deleting the
Software and all copies thereof from your computer. Upon
termination of this Agreement, you shall cease all use of the
Software and delete all copies of the Software from your
computer.
Severability
If any provision of this Agreement is held to be unenforceable
or invalid, such provision will be changed and interpreted to
accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining
provisions will continue in full force and effect.
Amendments to this Agreement
The Company reserves the right, at its sole discretion, to
modify or replace this Agreement at any time. If a revision is
material we will provide at least 14 days' notice prior to any
new terms taking effect. What constitutes a material change will
be determined at our sole discretion.
Contact Information
If you have any questions about this Agreement, please contact
us at afreet@dxatlas.com
Last updated 2020-04-22