1. Grant Of Limited License; Software Use Restrictions. In consideration for your acceptance of the terms and conditions of this Agreement, Starstone Software Systems, Inc. will grant to you a personal, non-transferable and non-exclusive right to use and execute the Software on a personal computer (a "PC"), without right to sublicense or distribute the Software (except as provided in Section 3 below). You agree that you will not modify, reverse engineer, decompile or disassemble any portion of the Software.
2. Duplication Restrictions. In order to effect your license rights hereunder, you may install the Software by duplicating it onto the hard disk drive or into the CPU memory of a PC for use thereon, and you may make full or partial copies of the Software, but only as
necessary for backup or archival purposes or for purposes of distribution pursuant to Section 3 below. You agree that (i) your use and possession of such copies shall be solely under the terms and conditions of this Agreement, and (ii) you shall place the same proprietary and copyright notices and legends on all such copies as included by Starstone Software Systems, Inc. on any media containing an authorized copy of the Software originally provided by Starstone Software Systems, Inc.
3. Distribution of the Software to Others. You may duplicate and distribute copies of the Software to others, or allow copies of the Software to be made by someone else, provided that all such copies include a copy of this License Agreement.
4. Ownership of Software. You agree and acknowledge that Starstone Software Systems, Inc. transfers no ownership interest in the Software, in the intellectual property in any Software or in any Software copy, to you under this Agreement or otherwise, and that Starstone Software Systems, Inc. and its licensors reserve all rights not expressly granted to you hereunder.
5. Transfer Restrictions. This license is personal to you. Except as expressly provided in Section 3 above, you may not transfer the Software and/or assign this License to any third party. If you attempt to transfer or assign this License, such transfer or assignment will be void and without effect.
6. Export Restrictions. You may not export or reexport any Software or other technology received under this Agreement except in full compliance with all United States and other applicable laws and regulations. In particular, none of such Software or technology may be exported or reexported into (or to a national or resident of) any country to which the U.S. embargoes goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
7. Term; Termination. The term of this Agreement shall commence when you electronically download or receive (if Starstone Software Systems, Inc. delivers the Software to you by email or alternative means) and shall continue thereafter. If you fail to fulfill any of your material obligations under this Agreement, Starstone Software Systems, Inc. and/or its licensors may pursue all available legal remedies to enforce this Agreement, and Starstone Software Systems, Inc. may, at any time after your default of this Agreement, terminate this Agreement and all licenses and rights granted to you under this Agreement.
8. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, excluding its choice of law rules.
9. Disclaimer Of Software Warranty. STARSTONE SOFTWARE SYSTEMS, INC. PROVIDES THE SOFTWARE TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN TO YOU BY ANY STARSTONE SOFTWARE SYSTEMS, INC. EMPLOYEE, REPRESENTATIVE OR DISTRIBUTOR WILL CREATE A WARRANTY FOR THE SOFTWARE, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS SOFTWARE IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY. IT IS NOT A SUBSTITUTE FOR OFFICIAL WEATHER OR SAFETY INFORMATION.
10. Limitation Of Liability. IN NO EVENT SHALL STARSTONE SOFTWARE SYSTEMS, INC., OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION THE COST OF COVER, DAMAGES ARISING FROM LOSS OF DATA, USE, PROFITS OR GOODWILL, OR PROPERTY DAMAGE), WHETHER OR NOT STARSTONE SOFTWARE SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. STARSTONE ASSUMES NO LIABILITY FOR THE ACCURACY OR RELIABILITY OF WEATHER INFORMATION, DATA, MAPS, FORECASTS OR PREDICTIONS WHICH ARE OBTAINED FROM GOVERNMENT OR OTHER OUTSIDE SOURCES, IT BEING UNDERSTOOD THAT THE ROLE OF THE SOFTWARE IS TO CONVEY TO THE LICENSEE INFORMATION WHICH HAS BEEN COMPILED BY OTHERS. THE LICENSEE FURTHER ACKNOWLEDGES THE UNPREDICTABILITY OF WEATHER AND THE DIFFICULTY IN FORECASTING THE WEATHER AND
ACKNOWLEDGES THAT STARSTONE HAS NO LIABILITY FOR THE ACCURACY OF PREDICTIONS WHICH ARE OBTAINED THROUGH USE OF THE SOFTWARE. THE LICENSEE AGREES TO BE RESPONSIBLE FOR TAKING ALL REASONABLE AND RECOMMENDED PRECAUTIONS AGAINST THE POSSIBILITY OF WEATHER OCCURRENCES. WITHOUT LIMITING THE EXCLUSIONS SET FORTH ABOVE, THE LICENSEE FURTHER AGREES THAT THE LIABILITY OF STARSTONE, IN THE EVENT ANY LIABILITY EXISTS, SHALL BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE PAID BY LICENSEE FOR THE SOFTWARE.
