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Important - Read Carefully
Notice to User
This End User License Agreement (“Software License
Agreement”) is a legal document between you and
GPSFlight(“GPSFlight”). It is important that you read
this document before using the GPSFlight-provided
software including GPS-TEAM, GPSTeam Professional, GPS-Dashboard, and
GPS-Network software,
as well as any software provided by GPSFlight for
execution on a PC or in the transmitter modules
themselves, (“Software”) and any accompanying
documentation, including without limitation printed
materials, ‘online’, or electronic documentation
(“Documentation”). By clicking the ‘Next’ button below,
by installing, or otherwise using the Software or
Manuals, you
agree to be bound by the terms of this Software License
Agreement including without limitation the warranty
disclaimers, limitation of liability and termination
provisions below, whether or not you decide to purchase
the Software. If you do not agree, you
are not licensed to use the Software, and you must
destroy any downloaded copies of the Software in your
possession or control. You may wish to print a copy of this Software License Agreement for
your files.
1. SOFTWARE LICENSE
(a) License Grant.
Upon your acceptance of this Software License Agreement
GPSFlight grants you a non-exclusive, non-transferable
(except as provided below), limited license to install
and use a copy of the Software on your compatible
computer, up to the Permitted Number of computers. The
Permitted Number of computers shall be set to two(2)
computers, each owned by the purchaser of the software.
(b) Server Use.
You may install one copy of the Software on your
computer file server for the purpose of downloading and
installing the Software onto other computers within your
internal network up to the Permitted Number of
computers. No other network use is permitted, including
without limitation using the Software either directly or
through commands, data or instructions from or to a
computer not part of your internal network, for Internet
or Web-hosting services or by any user not licensed to
use this copy of the Software through a valid license
from GPSFlight.
(c) Backup and Archival Copies.
You may make one backup and one archival copy of the
Software, provided your backup and archival copies are
not installed or used on any computer and further
provided that all such copies shall bear the original
and unmodified copyright, patent and other intellectual
property markings that appear on or in the Software. You
may not transfer the rights to a backup or archival copy
unless you transfer all rights in the Software as
provided under Section 3.
(d) Other use. The software will only allow
installation on two computers per license unless
otherwise agreed by GPSFlight.
(e) Key Codes.
Once you purchase the software, you will receive a key
code. The purchase key code will enable you to activate
the Software beyond the initial evaluation period. You
may not relicense, reproduce or distribute any key code
except with the express written permission of GPSFlight.
(f) Title. Title to the Software is
not transferred to you. Ownership of all copies of the
Software and of copies made by you is vested in
GPSFlight, subject to the rights of use granted to you
in this Software License Agreement. As between you and
GPSFlight, documents, files, data records, etc. that are
authored or created by you via your utilization of the
Software, in accordance with its Documentation and the
terms of this Software License Agreement, are your
property.
(g) Reverse Engineering.
Except and to the limited extent as may be otherwise
specifically provided by applicable law, you may not
reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code, underlying ideas,
underlying user interface techniques or algorithms of
the Software by any means whatsoever, directly or
indirectly, or disclose any of the foregoing, except to
the extent you may be expressly permitted to decompile
under applicable law, if it is essential to do so in
order to achieve operability of the Software with
another software program, and you have first requested
GPSFlight to provide the information necessary to
achieve such operability and GPSFlight has not made such
information available. GPSFlight has the right to impose
reasonable conditions and to request a reasonable fee
before providing such information. Any information
supplied by GPSFlight or obtained by you, as permitted
hereunder, may only be used by you for the purpose
described herein and may not be disclosed to any third
party or used to create any software which is
substantially similar to the expression of the Software.
Requests for information should be directed to the
GPSFlight Customer Support Department.
(h) Other Restrictions.
You may not loan, rent, lease, sublicense, distribute or
otherwise transfer all or any portion of the Software to
third parties except to the limited extent set forth in
Section 3. You may not copy the Software except as
expressly set forth above, and any copies that you are
permitted to make pursuant to this Software License
Agreement must contain the same copyright, patent and
other intellectual property markings that appear on or
in the Software. You may not modify, adapt or translate
the Software. You may not, directly or indirectly,
encumber or suffer to exist any lien or security
interest on the Software; knowingly take any action that
would cause the Software to be placed in the public
domain; or use the Software in any computer environment
not specified in this Software License Agreement. You
will comply with applicable law and GPSFlight’s
instructions regarding the use of the Software. You
agree to notify your employees and agents who may have
access to the Software of the restrictions contained in
this Software License Agreement and to ensure their
compliance with these restrictions. YOU AGREE THAT YOU
ARE SOLELY RESPONSIBLE FOR THE ACCURACY
AND
ADEQUACY OF THE SOFTWARE FOR YOUR INTENDED USE
AND
YOU WILL INDEMNIFY AND HOLD HARMLESS GPSFLIGHT FROM ANY
3RD PARTY SUIT TO THE EXTENT BASED UPON THE ACCURACY AND
ADEQUACY OF THE SOFTWARE IN YOUR USE. WITHOUT
LIMITATION, THE SOFTWARE IS NOT INTENDED FOR USE IN THE
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION,
COMMUNICATION SYSTEMS OR
AIR TRAFFIC CONTROL EQUIPMENT,
WHERE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH,
PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE.
(j) License Metering.
GPSFlight has a built-in license metering module that
helps you to avoid any unintentional violation of this
Software License Agreement. GPSFlight may use your
internal network for license metering between installed
versions of the Software.
(k) Software Activation.
GPSFlight may use your internal network and internet
connection for the purpose of transmitting
license-related data entered by the user at the time of
installation or registration to an GPSFlight-operated
license server and validating the authenticity of the
license-related data in order to protect GPSFlight
against software piracy.
2. INTELLECTUAL PROPERTY RIGHTS
Acknowledgement of GPSFlight's Rights.
You acknowledge that the Software and any copies that
you are authorized by GPSFlight to make are the
intellectual property of and are owned by GPSFlight and
its suppliers. The structure, organization and code of
the Software are the valuable trade secrets and
confidential information of GPSFlight and its suppliers.
The Software is protected by copyright, including
without limitation by United States Copyright Law,
international treaty provisions and applicable laws in
the country in which it is being used. You acknowledge
that GPSFlight retains the ownership of all patents,
copyrights, trade secrets, trademarks and other
intellectual property rights pertaining to the Software,
and that GPSFlight’s ownership rights extend to any
images, photographs, animations, videos, audio, music,
text and “applets” incorporated into the Software and
all accompanying printed materials. You will take no
actions which adversely affect GPSFlight’s intellectual
property rights in the Software. Trademarks shall be
used in accordance with accepted trademark practice,
including identification of trademark owners’ names.
Trademarks may only be used to identify printed output
produced by the Software, and such use of any trademark
does not give you any right of ownership in that
trademark. Windows, Windows 95, Windows 98, Windows NT,
Windows 2000 and Windows XP are trademarks of Microsoft.
Except as expressly stated above, this Software License
Agreement does not grant you any intellectual property
rights in the Software.
3. LIMITED TRANSFER RIGHTS
Notwithstanding the foregoing, you may transfer all your
rights to use the Software to another person or legal
entity provided that: (a) you also transfer each of this
Software License Agreement, the Software and all other
software or hardware bundled or pre-installed with the
Software, including all copies, updates and prior
versions, and all copies of font software converted into
other formats, to such person or entity; (b) you retain
no copies, including backups and copies stored on a
computer; (c) the receiving party secures a personalized
key code from GPSFlight; and (d) the receiving party
accepts the terms and conditions of this Software
License Agreement and any other terms and conditions
upon which you legally purchased a license to the
Software. Notwithstanding the foregoing, you may not
transfer education, pre-release, or not-for-resale
copies of the Software.
4. PRE-RELEASE PRODUCT ADDITIONAL TERMS
If the product you have received with this license is
pre-commercial release or beta Software (“Pre-release
Software”), then this Section applies. To the extent
that any provision in this Section is in conflict with
any other term or condition in this Software License
Agreement, this Section shall supersede such other
term(s) and condition(s) with respect to the Pre-release
Software, but only to the extent necessary to resolve
the conflict. You acknowledge that the Software is a
pre-release version, does not represent final product
from GPSFlight, and may contain bugs, errors and other
problems that could cause system or other failures and
data loss. CONSEQUENTLY, THE PRE-RELEASE SOFTWARE IS
PROVIDED TO YOU “AS-IS”,
AND
GPSFLIGHT DISCLAIMS ANY WARRANTY OR LIABILITY
OBLIGATIONS TO YOU OF ANY KIND, WHETHER EXPRESS OR
IMPLIED. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR
PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, GPSFLIGHT’S
LIABILITY
AND
THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF
FIFTY DOLLARS (U.S.$50) IN TOTAL. You acknowledge that
GPSFlight has not promised or guaranteed to you that
Pre-release Software will be announced or made available
to anyone in the future, that GPSFlight has no express
or implied obligation to you to announce or introduce
the Pre-release Software, and that GPSFlight may not
introduce a product similar to or compatible with the
Pre-release Software. Accordingly, you acknowledge that
any research or development that you perform regarding
the Pre-release Software or any product associated with
the Pre-release Software is done entirely at your own
risk. During the term of this Software License
Agreement, if requested by GPSFlight, you will provide
feedback to GPSFlight regarding testing and use of the
Pre-release Software, including error or bug reports. If
you have been provided the Pre-release Software pursuant
to a separate written agreement, your use of the
Software is governed by such agreement. You may not
sublicense, lease, loan, rent, distribute or otherwise
transfer the Pre-release Software. Upon receipt of a
later unreleased version of the Pre-release Software or
release by GPSFlight of a publicly released commercial
version of the Software, whether as a stand-alone
product or as part of a larger product, you agree to
return or destroy all earlier Pre-release Software
received from GPSFlight and to abide by the terms of the
license agreement for any such later versions of the
Pre-release Software.
5. LIMITED WARRANTY AND LIMITATION OF LIABILITY
(a) Limited Warranty and Customer Remedies.
GPSFlight warrants to the person or entity that first
purchases a license for use of the Software pursuant to
the terms of this Software License Agreement that (i)
the Software will perform substantially in accordance
with any accompanying Documentation for a period of
ninety (90) days from the date of receipt, and (ii) any
support services provided by GPSFlight shall be
substantially as described in section 6 of this
agreement. Some states and jurisdictions do not allow
limitations on duration of an implied warranty, so the
above limitation may not apply to you. To the extent
allowed by applicable law, implied warranties on the
Software, if any, are limited to ninety (90) days.
GPSFlight’s and its suppliers’ entire liability and your
exclusive remedy shall be, at GPSFlight’s option, either
(i) return of the price paid, if any, or (ii) repair or
replacement of the Software that does not meet
GPSFlight’s Limited Warranty and which is returned to
GPSFlight with a copy of your receipt. This Limited
Warranty is void if failure of the Software has resulted
from accident, abuse or misapplication. Any replacement
Software will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever
is longer.
(b) No Other Warranties and Disclaimer.
THE FOREGOING LIMITED WARRANTY
AND
REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR
GPSFLIGHT OR ITS SUPPLIER’S BREACH OF WARRANTY.
GPSFLIGHT AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT
THE PERFORMANCE OR RESULTS YOU
MAY
OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING
LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION,
REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME
CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW
APPLICABLE TO YOU IN YOUR JURISDICTION, GPSFLIGHT AND
ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS,
REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY
STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO
ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, GPSFLIGHT AND ITS SUPPLIERS DISCLAIM
ALL OTHER WARRANTIES
AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY,
QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD
TO THE SOFTWARE,
AND
THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU
MAY
HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
(c) Limitation Of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL GPSFLIGHT OR ITS SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, EVEN IF GPSFLIGHT
HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, GPSFLIGHT’S
ENTIRE LIABILITY UNDER ANY PROVISION OF THIS SOFTWARE
LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. Because
some states and jurisdictions do not allow the exclusion
or limitation of liability, the above limitation may not
apply to you. In such states and jurisdictions,
GPSFlight’s liability shall be limited to the greatest
extent permitted by law.
(d) Infringement Claims.
GPSFlight will indemnify and hold you harmless and will
defend or settle any claim, suit or proceeding brought
against you that is based upon a claim that the content
contained in the Software infringes a copyright or
violates an intellectual or proprietary right protected
by United States or European Union law (“Claim”), but
only to the extent the Claim arises directly out of the
use of the Software. You must notify GPSFlight in
writing of any Claim within ten (10) business days after
you first receive notice of the Claim, and you shall
provide to GPSFlight at no cost with such assistance and
cooperation as GPSFlight may reasonably request from
time to time in connection with the defense of the
Claim. GPSFlight shall have sole control over any Claim
(including, without limitation, the selection of counsel
and the right to settle on your behalf on any terms
GPSFlight deems desirable in the sole exercise of its
discretion). You may, at your sole cost, retain separate
counsel and participate in the defense or settlement
negotiations. GPSFlight shall pay actual damages, costs,
and attorney fees awarded against you (or payable by you
pursuant to a settlement agreement) in connection with a
Claim to the extent such damages and costs are not
reimbursed to you by insurance or a third party, to an
aggregate maximum equal to the purchase price of the
Software. If the Software or its use becomes the subject
of a Claim or its use is enjoined, or if in the opinion
of GPSFlight’s legal counsel the Software is likely to
become the subject of a Claim, GPSFlight shall attempt
to resolve the Claim by using commercially reasonable
efforts to modify the Software or obtain a license to
continue using the Software. If in the opinion of
GPSFlight’s legal counsel the Claim, the injunction or
potential Claim cannot be resolved through reasonable
modification or licensing, GPSFlight, at its own
election, may terminate this Software License Agreement
without penalty, and will refund to you on a pro rata
basis any fees paid in advance by you to GPSFlight. THE
FOREGOING CONSTITUTES GPSFLIGHT’S SOLE AND EXCLUSIVE
LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT. This
indemnity does not apply to infringements that would not
be such, except for customer-supplied elements.
6. SUPPORT AND MAINTENANCE
GPSFlight offers email support for software questions.
This technical support only covers issues or questions
resulting directly out of the operation of the Software
and GPSFlight will not provide you with generic
consultation, assistance, or advice under any
circumstances, unless otherwise agreed as part of a
consulting agreement.
GPSFlight’s obligations under this Section 6 are
contingent upon your proper use of the Software and your
compliance with the terms and conditions of this
Software License Agreement at all times. GPSFlight shall
be under no obligation to provide the above technical
support if, in GPSFlight’s opinion, the Software has
failed due to the following conditions: (i) damage
caused by the relocation of the software to another
location or CPU; (ii) alterations, modifications or
attempts to change the Software without GPSFlight’s
written approval; (iii) causes external to the Software,
such as natural disasters, the failure or fluctuation of
electrical power, or computer equipment failure; (iv)
your failure to maintain the Software at GPSFlight’s
specified release level; or (v) use of the Software with
other software without GPSFlight’s prior written
approval.
It will be your sole responsibility to: (i) comply with
all GPSFlight-specified operating and troubleshooting
procedures and then notify GPSFlight immediately of
Software malfunction and provide GPSFlight with complete
information thereof; (iii) provide for the security of
your confidential information; (iv) establish and
maintain backup systems and procedures necessary to
reconstruct lost or altered files, data or programs.
7. TERM AND TERMINATION
This Software License Agreement may be terminated (a) by
your giving GPSFlight written notice of termination; or
(b) by GPSFlight, at its option, giving you written
notice of termination if you commit a breach of this
Software License Agreement and fail to cure such breach
within ten (10) days after notice from GPSFlight. Upon
any termination of this Software License Agreement, you
must cease all use of the Software, destroy all copies
then in your possession or control and take such other
actions as GPSFlight may reasonably request to ensure
that no copies of the Software remain in your possession
or control.
8. RESTRICTED RIGHTS NOTICE.
The Software was developed entirely at private expense
and is commercial computer software provided with
RESTRICTED RIGHTS. Use, duplication or disclosure by the
U.S. Government or a U.S. Government subcontractor is
subject to the restrictions set forth in this Agreement
and as provided in FAR 12.211 and 12.212 (48 C.F.R.
§12.211 and 12.212) or DFARS 227-7202-1 (48 C.F.R.
§227-7202-1) as applicable.
9. GENERAL PROVISIONS
If you acquired this Software in the
United States,
this EULA is governed by the laws of the State of
Washington. If this Software was acquired outside the
United States, then local law may apply.
9. ENTIRE AGREEMENT
This Software License Agreement contains the entire
agreement and understanding of the parties with respect
to the subject matter hereof, and supersedes all prior
written and oral understandings of the parties with
respect to the subject matter hereof. Any notice or
other communication given under this Software License
Agreement shall be in writing and shall have been
properly given by either of us to the other if sent by
certified or registered mail, return receipt requested,
or by overnight courier to the address shown on
GPSFlight’s Web site for GPSFlight and the address shown
in GPSFlight’s records for you, or such other address as
the parties may designate by notice given in the manner
set forth above. This Software License Agreement will
bind and inure to the benefit of the parties and our
respective heirs, personal and legal representatives,
affiliates, successors and permitted assigns. The
failure of either of us at any time to require
performance of any provision hereof shall in no manner
affect such party’s right at a later time to enforce the
same or any other term of this Software License
Agreement. This Software License Agreement may be
amended only by a document in writing signed by both of
us. In the event of a breach or threatened breach of
this Software License Agreement by either party, the
other shall have all applicable equitable as well as
legal remedies. The Software and its related
documentation may not be exported or reexported in
violation of the U.S. Export Administration Act and its
implementing regulations or the laws of the jurisdiction
in which the Software was obtained. Each party is duly
authorized and empowered to enter into and perform this
Software License Agreement. If, for any reason, any
provision of this Software License Agreement is held
invalid or otherwise unenforceable, such invalidity or
unenforceability shall not affect the remainder of this
Software License Agreement, and this Software License
Agreement shall continue in full force and effect to the
fullest extent allowed by law. The parties knowingly and
expressly consent to the foregoing terms and conditions.
GENERAL SYSTEM
REQUIREMENTS:
The system
requirements for the Software (GPSTeam, GPS-Dashboard,
and GPSTeam Pro)
* Pentium
4 class processor of at least 1Ghz
* 20 Gb
Disk Space
*
Microsoft Windows 2000 or Windows XP, or Vista (US Version
only)
*
Microsoft .NET framework
* Serial
port via hardware or via USB, or Ethernet
I have read and agree to
these terms
