IMPORTANT: Please review the License Agreement below. By doing so, or otherwise downloading or copying this Software, you agree to the terms of this Agreement. Do not load this software until you have carefully read and agreed to the following terms and conditions. If you do not agree to these terms, do not install or use this software.
IF YOU DOWNLOAD, INSTALL OR USE THIS SOFTWARE, YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT LICENSE: Subject to strict compliance with the terms and conditions of this Agreement, Software On Sailboats ("Software On Sailboats") grants you a non-exclusive copyright license to the enclosed software program ("Software"). You may not use, copy, modify, rent, sell, or transfer the Software or any portion thereof except as provided in this Agreement.
You may:
Install and use the Software for your own use on the computers that you use for tracking and managing your sales.
Copy the Software solely for backup or archival purposes, including copying the Software into memory.
RESTRICTIONS:
You May Not:
Sublicense the Software;
Reverse engineer, decompile, or disassemble the Software;
Modify the Software or create derivative works from the Software; or
Copy or distribute the Software, in whole or in part, except as specifically provided in this Agreement.
TRANSFER: You may not transfer the Software to another party, even if only on a temporary basis or for evaluation or other limited purposes.
OWNERSHIP AND COPYRIGHT OF SOFTWARE: Title to the Software and all copies thereof remain with Software On Sailboats or its vendors. The Software is copyrighted and is protected by United States and international copyright laws. You will not remove the copyright notice from the Software. You agree to prevent any unauthorized copying of the Software.
EXCLUSION OF WARRANTIES: THE SOFTWARE IS PROVIDED strictly "AS IS". WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. LIMITATION OF LIABILITY: IN NO EVENT SHALL Software On Sailboats NOR ITS VENDORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTIONS OF BUSINESS, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF Software On Sailboats HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
AUDIT: Software On Sailboats reserves the right to have audits conducted to verify your compliance with this Agreement.
SUPPORT: Software On Sailboats shall have no support, maintenance and/or update/upgrade obligation to you in connection with the Software or this Agreement.
REGISTRATION: If a registration card is supplied with this license, this license shall only be valid if you register your acceptance of its terms and conditions with Software On Sailboats. In addition, you grant your permission to Software On Sailboats to provide your registration information to other Software On Sailboats divisions and/or third parties and to use such information in connection with other similar product marketing efforts which Software On Sailboats believes may be of interest to you.
TERMINATION OF THIS LICENSE: Software On Sailboats may terminate this license at any time if you are in breach of any of its terms and conditions. Upon termination, you will immediately destroy the Software or return all copies of the Software and documentation to Software On Sailboats.
U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and documentation were developed at private expense and are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 and DFAR 252.227-7013 et seq. or its successor. Use of the Software by the Government constitutes acknowledgment of Software On Sailboat's proprietary rights therein. Contractor or Manufacturer is Software On Sailboats.
EXPORT LAWS: You agree that the distribution and export/re-export of the Software is in compliance with the laws, regulations, orders or other restrictions of the U.S. Export Administration Regulations and that you shall not export or re-export the Software in violation of any United States export law or trade regulation.
APPLICABLE LAW: Any claim arising under or relating to this Agreement shall be governed by the internal substantive laws of the State of Texas or federal courts located in Texas, without regard to principles of conflict of laws. Each party hereby agrees to jurisdiction and venue in the courts of the State of Texas for all disputes and litigation arising under or relating to this Agreement.
SEVERABILITY: The terms and conditions stated in this Agreement are declared to be severable. If any paragraph, provision, or clause in this Agreement shall be found or be held to be invalid or unenforceable in any jurisdiction in which this Agreement is being performed, the remainder of this Agreement shall be valid and enforceable and the parties shall use good faith to negotiate a substitute, valid, and enforceable provision which most nearly effects the parties' intent in entering into this Agreement.