End user agreement for NavTools Route
Evaluation License Agreement
NOTICE: This software will cease functioning 30 days after installation, unless a permanent licence code is bought and activated.
NOTICE: This software contains encryption technology which is subject to export controls. No license for export is granted by this Agreement.
This Evaluation License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity known as "Customer") and Andromeda Productions, which owns a proprietary computer software e-commerce system which includes computer software, computer services, and "on-line" or electronic documentation and associated media and printed materials. By installing, copying, or otherwise using the Software or any Software Updates, Customer agrees to be bound by the terms of this Agreement. If Customer does not agree to the terms of this Agreement, do not install, copy, or use the Software, including all Software Updates that Customer receives as part of the Software (each, an "Update"). By installing, copying, or otherwise using an Update, Customer agrees to be bound by the additional license terms that accompany such Update. If Customer does not agree to the terms of the additional license terms that accompany the Update, disregard the Update and the additional license terms that accompany the Update. In this event, Customer's rights to use the Software shall continue to be governed by the then-existing Agreement.
All rights, title, interests in and to copyrights in the Software (including but not limited to any software components, product documentation and associated media, sample files, extension files, tools and utilities, miscellaneous technical information, and any copies of the Software, are owned exclusively (or licensed) by Andromeda Productions. The Software is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, except that Customer may either (i) make one copy of the Software solely for backup or archival purposes, provided Customer reproduces and includes Andromeda Productions's copyright and trademark notices contained on the original distribution media on such backup copy, or (ii) transfer the Software to a hard disk, provided Customer keeps the original solely for backup and archival purposes. Customer may not copy the printed materials accompanying the Software. The Software is licensed, not sold.
2. Grant of Limited Use License
a. Andromeda Productions grants Customer a limited right to internally use the Software for evaluation purposes only. This evaluation agreement DOES NOT GRANT any other right or license, including but not limited to duplication, distribution, or commercial use. Commercial use of the Software is granted only by executing a separate commercial use license agreement that can be obtained from Andromeda Productions.
3. Other Restrictions
a. The Software is the sole and exclusive property of Andromeda Productions, including, but not limited to, all applicable rights to patents, copyrights, trademarks and trade secrets and is provided for Customer's exclusive use for the purposes of this Agreement and will be held in confidence.
b. Customer will not alter, remove or obscure any designation name or mark from any supplied material that identifies such material as belonging to or developed by Andromeda Productions. Customer agrees not to disassemble, decompile, reverse engineer or otherwise reduce the Software to perceptible form. Customer agrees not to alter or modify the Software.
c. Customer may not transfer, rent, lease, or sublicense the Software.
a. Without prejudice to any other rights, Andromeda Productions may terminate this Agreement and the functionality of the evaluation Software at any time at its sole discretion. All rights granted hereunder shall immediately terminate upon Customer's failure to comply with the terms and conditions of this Agreement. In either such event, Customer agrees to destroy all copies of the Software in any form and all of its component parts.
5. Disclaimer of Warranty
a. NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Andromeda Productions DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
b. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Andromeda Productions BE LIABLE FOR ANY 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, EVALUATION OR INABILITY TO USE OR EVALUATE THE SOFTWARE, EVEN IF Andromeda Productions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Governing Law: This Agreement shall be construed in accordance with the laws of the state of California without regard to conflicts of law provisions. In the event of any dispute arising out of or relating to this Agreement, the parties agree to jurisdiction and venue of the applicable court in the County of San Mateo, California.
7. Trademarks: Andromeda Productions, NavTools, the NavTools logo are all trademarks of Andromeda Productions, No right or license is granted to use, display, or reproduce Andromeda Productions trademarks.
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTAND IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND Andromeda Productions WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND Andromeda Productions RELATING TO THE SOFTWARE. This Agreement may not be modified except by a writing signed by a duly authorized representative of Andromeda Productions.