TRADEMARK AND COPYRIGHT NOTICE
The name SkyWarn/2001 is the trademark of Stephen B. Hajducek, N2CKH.
The Skywarn/2001™ program(s), all materials associated with software product, any data conversion utility tools, help files, printed or on-line documentation, without limitation which make up the enclosed software product are Copyrighted 1996, 1997, 1998 , 1999 and 2000 as an unpublished, proprietary work by Stephen B. Hajducek, N2CKH.
Ultimeter is the registered trademark of Peet Bros. Co.
PRINTED BELOW IN ITS ENTIRETY IS THE LICENSE AGREEMENT GOVERNING YOUR USE OF THE SOFTWARE. PLEASE READ THE LICENSE AGREEMENT.
STEPHEN B. HAJDUCEK IS WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THE LICENSE AGREEMENT PRINTED BELOW. PLEASE READ THE TERMS CAREFULLY BEFORE MAKING CONTINUED USE OF THE SOFTWARE. THE INSTALL AND CONTINUED USE OF THE SOFTWARE SHALL INDICATE YOUR ACCEPTANCE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS, STEPHEN B. HAJDUCEK IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH CASE YOU MUST IMMEDIATELY RETURN THE PACKAGE AND ALL ACCOMPANYING MATERIAL TO STEPHEN B. HAJDUCEK OR YOUR AUTHORIZED DEALER FOR A FULL REFUND OF THE PURCHASE PRICE ONLY, MINUS SHIPPING COSTS AND 40% RESTOCKING FEE.
This License Agreement (Agreement) is a legal agreement between Stephen B. Hajducek (Publisher(s)), principally located at U.S. Post Office Box 8, Morganville, New Jersey 07751-0008 and you, the user (Licensee), and is effective the date Licensee opens the package containing the diskette(s) or CD-ROM(s) or other media or installs the software or otherwise uses the enclosed software product. This Agreement covers all materials associated with software product, any data conversion utility tools, help files, printed or on-line documentation, without limitation which make up the enclosed software product (herein, the Software).\
1. GRANT OF LICENSE
The Publisher grants the Licensee a non-exclusive, non-transferable, personal and worldwide license to use one copy of the Software, in object code form, and one copy of the associated user documentation contained in the accompanying user manual, on-line help and (Documentation) for non-commercial use.
This license grant is expressly conditioned upon Licensee's compliance with all of the terms of this Agreement. The license granted thereunder applies only to the designated version of the enclosed Software. Licensee may use the Software to monitor and or save data from one Ultimeter instrument on one (1) IBM or compatible personal computer which is either a stand-alone work station or a networked work station that does not permit the Software to be shared with other networked work stations. If Licensee wishes to use the Software simultaneously on more than one personal computer, Licensee must license additional copies of the Software. The Licensee may however install and use the software on a second computer for the purpose of analyzing the data gathered by the software from an Ultimeter instrument.
2. SINGLE END USER APPLICATION
As the Licensee of the Software you may NOT redistribute the application or copy it (other than for archival purposes). Upon Licensee's end of use of the Software, the licensee agrees that they are prohibited from reselling, redistribution or copying of the Software. The Licensee can retain the Software for future use or destroy the Software.
3. REDISTRIBUTION OF SOFTWARE
No redistribution of the Software is permitted.
4. OTHER RESTRICTIONS
Licensee may not use, copy (other than for archival purposes only), rent, lease, sell, sublicense, assign or otherwise transfer the Software or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in this Agreement. Licensee acknowledges that the Software, in source code form, remains a confidential trade secret of the Publishers and/or its suppliers and therefore Licensee agrees that it shall not modify, decompile, disassemble or reverse engineer the Software or attempt to do so except as permitted by applicable legislation. Licensee may not use the Software as the basis to develop ideas for an application development effort that directly or indirectly competes with the Software in the market place. If the Licensee needs an application developed with additional capabilities beyond the Software’s current configuration the Licensee should contact the Publishers to determine whether a custom version of the Software with a special license may be obtained.
5. PROPRIETARY RIGHTS; NOTICES
Except for the limited license granted herein, the Publishers retain exclusive ownership of all proprietary rights (including all ownership rights, title, and interest) in and to the Software. Licensee agrees NOT to represent that the Publishers is affiliated with or approves of Licensee's use of the Software in any way. Except as required hereby, Licensee shall not use the Publishers name, trademarks, or any of the Publishers designation in association with Licensee's use of the Software without specific case by case written permission. The only exception is that of any printouts that the Software may create in that the Software places any identification as to the source of the printout, the ultimate use of those printouts containing the name of the Software or whatever is embedded must be retained and may be used by the Licensee. The only exception is that of any printouts that the Software may create in that the Software places any identification as to the source of the printout, the ultimate use of those printouts containing the name of the Software or whatever is embedded must be retained and may be used by the Licensee. Furthermore, all images exported to graphic file formats either directly saved, copied to the clipboard or otherwise captured and used in any publications either printed to paper or film or electronically published to the Internet must bear the caption; "This image was created using SkyWarn/2001(tm) by N2CKH", in no finer than number 6 pitch.
6. EXPORT LAW
Licensee agrees and certifies that the software shall NOT be shipped, transferred or reexported, directly or indirectly, into any country.
7. U.S. GOVERNMENT USE
This software is NOT intended for use by the U.S. Government. This software is intended only for Non-Commercial, educational and hobby use. For any user with special requirements, please contact the Publisher.
The license granted hereby is effective until terminated. Your license to use this software will automatically terminate if you fail to comply with the terms of this Agreement. If this license is terminated, you agree to destroy all copies of the software. Upon such termination, Licensee shall cease using the Software. All restrictions prohibiting Licensee's use of the Software and intellectual property provisions relating to Software running to the benefit of the Publisher will survive termination of the license pursuant hereto.
9. EXCLUSION OF WARRANTIES
The Publishers offer and the Licensee accepts the Software AS IS. The Publishers do NOT warrant that the Software will meet Licensee's requirements or will operate uninterrupted or error-free. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS AGREEMENT AND SHALL NOT APPLY TO ANY SOFTWARE LICENSED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
10. LICENSEE'S REMEDIES: LIMITATIONS
LICENSEE'S SOLE AND EXCLUSIVE REMEDIES AGAINST THE PUBLISHERS ON ANY AND ALL LEGAL OR EQUITABLE THEORIES OF RECOVERY SHALL BE, FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE, AS EVIDENCED BY A COPY OF YOUR RECEIPT, AT THE PUBLISHERS SOLE DISCRETION, (A) REPAIR OR REPLACEMENT OF DEFECTIVE SOFTWARE; OR (B) REFUND OF THE LICENSE FEE PAID BY LICENSEE MINUS A 40% RESTOCKING FEE WHEN ALL MATERIALS ARE RETURNED AT THE LICENSEES EXPENSE AFTER OBTAINING A MATERIALS RETURN AUTHORIZATION (MRA) NUMBER.
11. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall the Publishers or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of use of or inability to use the Software, even if the Publishers or its dealer have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of certain implied warranties or the exclusion or limitation of incidental or consequential damages, in which case and to the extent such exclusion or limitation is not allowed, some of the foregoing limitations and exclusions may not apply to Licensee.
This Agreement shall be interpreted, construed, and enforced according to the laws of the State of New Jersey, United States of America. In the event of any action under this Agreement, the parties agree that federal and state courts located in Newark and Trenton, New Jersey will have exclusive jurisdiction and that a suit may only be brought in Newark or Trenton New Jersey and Licensee submits itself for the jurisdiction and venue of the state and federal courts located in New Jersey. This Agreement constitutes the entire agreement and understanding of the parties and may be modified only in writing signed by both parties. No officer, salesman, or agent has any authority to obligate the Publishers by any terms, stipulations or conditions not expressed in the Agreement. All previous representations and agreements, if any, either verbal or written, referring to the subject matter of this Agreement are void. If any portion of this Agreement is determined to be legally invalid or unenforceable, such portion will be severed from this Agreement and the remainder of the Agreement will continue to be fully enforceable and valid. This Agreement, and the rights thereunder, may not be assigned by Licensee (whether by oral or written assignment, sale of assets, merger, consolidation or otherwise), without the express written consent of the Publishers. Licensee agrees to be responsible for any and all losses or damages arising out of or incurred in connection with the Software. Licensee agrees to defend, indemnify and hold the Publishers harmless from any such loss or damage (including attorney's fees) arising from the use, operation or performance of the Software or Licensee's breach of any terms of this Agreement. Licensee shall be responsible for paying all state and federal use, sales or value added taxes, duties or governmental charges, whether presently in force or come into force in the future, related to the distribution and sale of the Software and will indemnify the PUBLISHERS against any claim made against the Publishers relating to any such taxes or assessments.