LICENSE, LIMITED WARRANTY, AND DISCLAIMER OF WARRANTY
This license ("License") contains rights and restrictions associated with use of the accompanying software. Read the License carefully before utilizing the software. By using the software you agree to be bound by the terms and conditions of this license.
1. Limited License Grant.
Trexar Technologies, Inc. ("Trexar") grants to you ("Licensee") a nonexclusive, revocable, non-transferable, worldwide, royalty-free license to use this WeatherTracker software (the "Software"). Prior to Licensee's purchase of a Registration Code from Trexar, Licensee agrees that it shall use the Software solely for Licensee's internal evaluation purposes and not for operations of any critical nature. Following the purchase of a Registration Code from Trexar, Licensee agrees that it shall use the Software on only a single computer and not for operations of any critical nature.
2. Restrictions.
The Software is copyrighted and title to all copies is retained by Trexar and/or its licensors. Licensee may make copies of Software, for the sole purposes of back-up or archival purposes and trial of Software on other computers. Unless enforcement of this provision is prohibited by applicable law, Licensee shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Software may not be transferred, leased, assigned, or sublicensed, in whole or in part. No right, title or interest in and to any trademarks or trade names of Trexar or Trexar's licensors is granted hereunder. Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, or in the design, construction, operation or maintenance of any nuclear facility.
3. Confidentiality.
Software is confidential and proprietary information of Trexar and/or its licensors. Licensee agrees to take adequate steps to protect Software from unauthorized disclosure or use.
4. Disclaimer of Warranty.
The Software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANT- ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
5. Limitation of Liability.
IN NO EVENT WILL TREXAR BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF TREXAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Termination.
Licensee may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from Trexar if Licensee fails to comply with any provision of this License. Upon termination, Licensee must destroy all copies of Software.
7. Export
Regulations. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.
8. U.S. Government Restricted Rights.
If Licensee is acquiring Software including accompanying documentation on behalf of the U.S. Government, the following provisions apply. If Software is supplied to the Department of Defense ("DOD"), Software is subject to "Restricted Rights", as that term is defined in the DOD Supplement to the Federal ACquisition Regulations ("DFAR") in paragraph 252.227-7013(c) (1). If Software is supplied to any unit or agency of the United States Government other than DOD, the Government's rights in Software will be as defined in paragraph 52.227-19(c) (2) of the Federal Acquisition Regulations ("FAR"). Use, duplication, reproduction or disclosure by the Government is subject to such restrictions or successor provisions.
9. Governing Law.
This Agreement is made under, shall be governed by and construed in accordance with the laws of the State of Georgia, U.S.A., excluding its choice of law provisions.
10. Severability.
If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction, However, if in Trexar's opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or liabilities of Trexar or its licensors, Trexar reserves the right to terminate the License and refund the fee paid by Licensee as Licensee's sole and exclusive remedy.
11. Return Policy.
All sales are final.
12. Integration.
This Agreement is the entire agreement between Licensee and Trexar relating to Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties during the term of this Agreement. No modification to the Agreement will be binding, unless in writing and signed by a duly authorized representative of each party.
ACKNOWLEDGMENT
BY USING ANY VERSION OF THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AND LIMITED WARRANTY, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS' TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE LIMITED WARRANTY IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LIMITED WARRANTY.
Use of this software is permitted only to the extent reasonably required to determine whether to purchase the software. After payment is made, use of the Software is limited to use on only a single computer. An additional payment is required for each use of the Software on another computer. Only a single copy of the Software may be made solely for backup or archival purposes. The software may also be transferred to a single hard disk. Any use of this software in violation of the above is not licensed.
If you have any questions, please E-mail supportwt@trexar.com
