END-USER LICENSE AGREEMENT FOR AEROPROBE
Contents
1. online documentation and or in other Aeroprobe provided materials Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA With respect to technical information you provide to Aeroprobe as part of the Support Services Aeroprobe may use such information for its business purposes including for product support and development Aeroprobe will not utilize such technical information in a form that personally identifies you TERMINATION Without prejudice to any other rights Aeroprobe may terminate this EULA if you fail to comply with the terms and conditions of this EULA In such event you must destroy all copies of the SOFTWARE and all of its component parts INTELLECTUAL PROPERTY RIGHTS All title and intellectual property rights in and to the SOFTWARE including but not limited to any images photographs animations video audio music text and applets incorporated into the SOFTWARE and any copies you are permitted to make herein are owned by Aeroprobe or its suppliers All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties This EULA grants you no rights to use such content U S GOVERNMENT LICENSE RIGHTS SOFTWARE provided to2. terminals or other digital electronic devices for the purpose of operating Aeroprobe equipment or processing data from Aeroprobe sensors Additional copies may be installed strictly for the purpose of processing data Only one instance of the EXECUTABLE and or DLL may be in use at any given time b Redistribution of SOFTWARE and or DLL You may not copy or redistribute the SOFTWARE in its entirety You may copy and redistribute the DLL in its entirety in conjunction with your Application i If you redistribute the DLL in conjunction with your Application your Application must include a valid copyright notice in your own name which notice shall be sufficient to protect Aeroprobe s copyright in the DLL ii If you redistribute the DLL in conjunction with your Application and if your Application does not display Aeroprobe s end user license agreement to your end user then your Application must be accompanied by license terms that are at least as restrictive as and as protective of Aeroprobe as those contained in this EULA iii You shall not use Aeroprobe s name logo or trademarks to market your Application iv You shall not modify or alter the DLL in any way v You agree to indemnify hold harmless and defend Aeroprobe from and against any claims or lawsuits including reasonable attorneys fees which arise or result from your distribution of the DLL and or your Application c Redistribution of Sample Code as Modi
3. APPLICABLE LAW IN NO EVENT SHALL AEROPROBE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL INCIDENTAL INDIRECT PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION FOR BUSINESS INTERRUPTION FOR PERSONAL INJURY FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE FOR NEGLIGENCE AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA EVEN IN THE EVENT OF THE FAULT TORT INCLUDING NEGLIGENCE STRICT LIABILITY BREACH OF CONTRACT OR BREACH OF WARRANTY OF AEROPROBE OR ANY SUPPLIER AND EVEN IF AEROPROBE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES LIMITATION OF LIABILITY AND REMEDIES Notwithstanding any damages that you might incur for any reason whatsoever including without limitation all damages referenced above and all direct or general damages the entire liability of Aeroprobe and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE or U S 5 00 The foregoing limitations exclusions and disclaimers shall apply to the maximum extent permitted by applicabl
4. create obligations for Aeroprobe with respect to the SOFTWARE or derivative work thereof or ii grant or purport to grant to any third party any rights or immunities under Aeroprobe s intellectual property or proprietary rights in the SOFTWARE or derivative work thereof Identified Software includes without limitation any software that requires as a condition of use modification and or distribution of such software that other software incorporated into derived from or distributed with such software be a disclosed or distributed in source code form b be licensed for the purpose of making derivative works or c be redistributable at no charge e Benchmark Testing You may not disclose the results of any benchmark test using the SOFTWARE to any third party without Aeroprobe s prior written approval f Reservation of Rights Aeroprobe reserves all rights not expressly granted herein LIMITATIONS ON REVERSE ENGINEERING DECOMPILATION AND DISASSEMBLY You may not reverse engineer decompile or disassemble the SOFTWARE except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation NO RENTAL You may not rent lease or lend the SOFTWARE SUPPORT SERVICES In the event Aeroprobe does provide you with support services related to the SOFTWARE Support Services use of such Support Services is governed by the Aeroprobe policies and programs described in the user manual in
5. the U S Government pursuant to solicitations issued on or after December 1 1995 is provided with the commercial license rights and restrictions described elsewhere herein SOFTWARE provided to the U S Government pursuant to solicitations issued prior to December 1 1995 is provided with Restricted Rights as provided for in FAR 48 CFR 52 227 14 JUNE 1987 or DFAR 48 CFR 252 227 7013 OCT 1988 as applicable DISCLAIMER OF WARRANTIES To the maximum extent permitted by applicable law Aeroprobe and its suppliers provide the SOFTWARE and any if any Support Services AS IS AND WITH ALL FAULTS and hereby disclaim all warranties and conditions either express implied or statutory including but not limited to any if any implied warranties or conditions of merchantability of fitness for a particular purpose of lack of viruses of accuracy or completeness of responses of results and of lack of negligence or lack of workmanlike effort all with regard to the SOFTWARE and the provision of or failure to provide Support Services ALSO THERE IS NO WARRANTY OR CONDITION OF TITLE QUIET ENJOYMENT QUIET POSSESSION CORRESPONDENCE TO DESCRIPTION OR NON INFRINGEMENT WITH REGARD TO THE SOFTWARE THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND SUPPORT SERVICES IF ANY REMAINS WITH YOU 9 EXCLUSION OF INCIDENTAL CONSEQUENTIAL AND CERTAIN OTHER DAMAGES TO THE MAXIMUM 10 11 EXTENT PERMITTED BY
6. END USER LICENSE AGREEMENT FOR AEROPROBE SOFTWARE AEROPROBE SOFTWARE UTILITIES LIBRARIES AND APPLICATIONS IMPORTANT READ CAREFULLY This Aeroprobe End User License Agreement EULA is a legal agreement between you either an individual or a single entity and Aeroprobe Corporation for the Aeroprobe software identified above which may include computer software associated media printed materials and online or electronic documentation SOFTWARE By downloading installing copying or otherwise using the SOFTWARE you agree to be bound by the terms of this EULA If you do not agree to the terms of this EULA do not install or use the SOFTWARE The SOFTWARE is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties Aeroprobe owns the title copyright and other intellectual property rights in the SOFTWARE The SOFTWARE is licensed not sold The SOFTWARE consists of two elements 1 Executable programs which are designed to manipulate and return customer data EXECUTABLE and 2 libraries consisting of specialized algorithms and data to compute results DLL which may include documentation sample code and other information designed to assist in the development of your applications 1 GRANT OF LICENSE This EULA grants you the following rights a General You may install and use one copy of the SOFTWARE on a single computer including workstations
7. e law even if any remedy fails its essential purpose APPLICABLE LAW If you acquired this SOFTWARE in the United States this EULA is governed by the laws of the State of Washington If you acquired this SOFTWARE in Canada unless expressly prohibited by local law this EULA is governed by the laws in force in the Province of Ontario Canada and in respect of any dispute which may arise hereunder you consent to the jurisdiction of the federal and provincial courts sitting in Toronto Ontario If this SOFTWARE was acquired outside the United 12 13 States then local law may apply ENTIRE AGREEMENT This EULA including any addendum or amendment to this EULA which is included with the SOFTWARE is the entire agreement between you and Aeroprobe relating to the SOFTWARE and the Support Services if any and it supersedes all prior or contemporaneous oral or written communications proposals and representations with respect to the SOFTWARE or any other subject matter covered by this EULA To the extent the terms of any Aeroprobe policies or programs for Support Services conflict with the terms of this EULA the terms of this EULA shall control QUESTIONS Should you have any questions concerning this EULA or if you desire to contact Aeroprobe for any reason please contact the Aeroprobe representative serving your country or Aeroprobe directly
8. fied by You You may copy and redistribute any Sample Code that you have modified as described in Section 1 above and incorporated into your Application in both source code form and object code form subject to the following restrictions and limitations i You shall distribute the modified Sample Code only in conjunction with and as part of an Application that adds significant and primary functionality to the Sample Code ii You shall not use Aeroprobe s name logo or trademarks to market your Application iii You shall to include a valid copyright notice in your own name in your Application which notice shall be sufficient to protect Aeroprobe s copyright in the modified Sample Code and iv You agree to indemnify hold harmless and defend Aeroprobe from and against any claims or lawsuits including reasonable attorneys fees which arise or result from the use or distribution of the modified Sample Code and or your Application d Identified Software Your license rights to the SOFTWARE are conditioned upon your a not incorporating Identified Software into or combining Identified Software with the SOFTWARE or a derivative work thereof b not distributing Identified Software in conjunction with the SOFTWARE and c not using Identified Software in the development of a derivative work of the SOFTWARE Identified Software means software which is licensed pursuant to terms that directly or indirectly i create or purport to
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