NOTICE TO USER: THIS IS A CONTRACT.
BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Dattrax Software ("DATTRAX") End User License Agreement ("EULA")
accompanies this AstroTracker product ("ASTROTRACKER") and related explanatory
materials ("SOFTWARE"). The term "SOFTWARE" shall also include
any upgrades, modified versions or updates of the Software licensed to you by DATTRAX.
Please read this EULA carefully. If you are reading this prior to electronic distribution,
you will be asked to accept this agreement and continue to install or, if you wish
to decline this agreement, in which case you will not be able to use the Software.
The SOFTWARE is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. The SOFTWARE is licensed,
not sold.
1. GRANT OF LICENSE : This EULA grants you the following rights:
a. DATTRAX grants to you as an individual the nonexclusive license to install and
use the SOFTWARE on as many computers as you wish.
b. If you are an entity, DATTRAX grants you the right the same rights as above.
c. You agree not to modify the Producer or Creator fields within any PDF documents
created by SOFTWARE.
d. You agree not to interfere with or override the delivery or display of any advertising
in the SOFTWARE.
e. DATTRAX reserves all rights not expressly granted.
2. COPYRIGHT. The SOFTWARE is owned by DATTRAX and its suppliers, and its structure,
organisation and code are the valuable trade secrets of DATTRAX and its suppliers.
The SOFTWARE is protected by United Kingdom Copyright Law and International Treaty
provisions. You may use trademarks only insofar as required to comply with Section
1 of this EULA and to identify printed output produced by the Software, in accordance
with accepted trademark practice, including identification of trademark owner's
name. Such use of any trademark does not give you any rights of ownership in that
trademark. Except as stated above, this EULA does not grant you any intellectual
property rights in the Software.
3. RESTRICTIONS. You may not sell, resell, rent or lease the SOFTWARE. You agree
not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of the Software. You may not alter or modify
in any way the installer for the Software, or create a new installer for the Software.
Redistribution rights, if any, are outlined below.
4. ADDITIONAL RESTRICTIONS. NONE
5. SUPPORT. DATTRAX provides limited technical support for the SOFTWARE through
the Dattrax Software web site (www.dattrax.com/astrotracker). You agree that you
accept the software on an "as-is" basis.
6. REDISTRIBUTABLE CODE. You may freely distribute the setup program of this
software. You must not redistribute any license key for this software.
7. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to
or will, directly or indirectly, export or transmit (a) the SOFTWARE or related
documentation and technical data or (b) your software products as defined under
of this EULA (or any part thereof), or any process or service that is the direct
product of the SOFTWARE to any country to which such export or transmission is
restricted by any applicable U.K. regulation or statute, without the prior
written consent, if required of such other governmental entity as may have
jurisdiction over such export or transmission.
8. NO WARRANTY. The SOFTWARE is being delivered to you AS IS and DATTRAX makes
no warranty as to its use or performance. DATTRAX AND ITS SUPPLIERS DO NOT AND
CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE
OR DOCUMENTATION. DATTRAX AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR
IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR
FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL DATTRAX OR ITS SUPPLIERS BE
LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING
ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN DATTRAX REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Some states or jurisdictions do not allow the exclusion or limitation of
incidental, consequential or special damages, or the exclusion of implied
warranties or limitations on how long an implied warranty may last, so the above
limitations may not apply to you.
9. GOVERNING LAW AND GENERAL PROVISIONS. This EULA will be governed by the laws
of the United Kingdom, excluding the application of its conflicts of law rules.
This EULA will not be governed by the United Nations Convention on Contracts for
the International Sale of Goods, the application of which is expressly excluded.
If any part of this EULA is found void and unenforceable, it will not affect the
validity of the balance of the EULA, which shall remain valid and enforceable
according to its terms. You agree that the Software will not be shipped,
transferred or exported into any country or used in any manner prohibited by
United Kingdom laws, restrictions or regulations. This EULA shall automatically
terminate upon failure by you to comply with its terms. This Agreement may only
be modified in writing signed by an authorised officer of DATTRAX.
All rights reserved under the copyright laws of the United Kingdom.
Effective 26-Feb-2009
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