END-USER LICENSE AGREEMENT FOR GETTELEMETRY

IMPORTANT-READ CAREFULLY:
This End-User License Agreement ("License") is a legal agreement between you and the maker of GetTelemtry software hereafter referred to as MAKER. All software and third party software shall be referred to herein as the SOFTWARE. This License covers only the SOFTWARE. The SOFTWARE includes computer software, the associated media, any printed materials, and any "on-line" or electronic documentation. By installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, the MAKER is unwilling to license the SOFTWARE to you. In such event, you may not use or copy the SOFTWARE, and you must delete all copies of the product(s) in your possession.

GETTELEMETRY SOFTWARE LICENSE
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.

GRANT OF LICENSE. This License grants you the following rights:
* Software. You may install and as many copies of the SOFTWARE as you want.
* Back-up Copy. You may create back-up copies of the SOFTWARE. You may use the back-up copy solely for archival purposes.
* You may NOT distribute or resell the software.
* You MUST include a copy of this license agreement with the SOFTWARE.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
* Limitation on Reverse Engineering, Decompilation and Disassembly.
You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE in whole or in part.
* Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.
* Rental. You may not rent or lease the SOFTWARE.
* Software Transfer. Software is not transferable.
* Termination. Without prejudice to any other rights, the MAKER may terminate this License if you fail to comply with the terms and conditions of this License. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text and "applets," incorporated into the SOFTWARE), and any copies of the SOFTWARE, are owned by MAKER or its suppliers. All rights not specifically granted under this License are reserved by MAKER.

HIGH RISK ACTIVITIES. The SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the SOFTWARE could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). The MAKER and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

U.S. GOVERNMENT RESTRICTED RIGHTS. THE SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

LIMITED WARRANTY

LIMITED WARRANTY ON CD-ROM MEDIA.
MAKER warrants that for a period of ninety (90) days from the date of its delivery to you the CD-ROM media on which the SOFTWARE is furnished to you will be free from defects in materials and workmanship under normal use. This limited warranty extends only to you as the original licensee. MAKER's entire liability and your exclusive remedy will be replacement of the CD-ROM media not meeting MAKER's limited warranty and which is returned to MAKER with proof of purchase in the form of a bill of sale (which is evidence that the CD-ROM media is within the warranty period). MAKER will have no responsibility to replace a disc damaged by accident, abuse or misapplication (such as but not limited to, use as a shim, coffee coaster, bird cage liner, or shovel). ANY IMPLIED WARRANTIES ON THE CD-ROM MEDIA, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

EXCLUSION OF WARRANTY ON SOFTWARE.
You expressly acknowledge and agree that use of the SOFTWARE is at YOUR SOLE RISK. The SOFTWARE is provided "AS IS" and without warranty of any kind and MAKER and MAKER's LICENSORS (hereinafter, MAKER and MAKER's LICENSORS shall be collectively referred to as "MAKER") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAKER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, MAKER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAKER OR A MAKER AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE. YOU (AND NOT MAKER OR A MAKER AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
HEREINAFTER, MAKER AND MAKER'S LICENSOR'S SHALL BE COLLECTIVELY REFERRED TO AS "MAKER." MAKER SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THIS PRODUCT. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, DOWN TIME AND PURCHASER'S TIME, EVEN IF MAKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MAKER'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU ALLOCABLE TO THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

 

So There.

 

Should you have any questions concerning this license or limited warranty, you may contact the MAKER.

 

 I Agree

 No Thank You