End user agreement for METARs Downloader
END USER LICENSE AGREEMENT (EULA)
Software License Agreement for METARs Downloader
IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR CHECKING THE 'AGREE' OPTION BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT ('AGREEMENT') REGARDING YOUR USE OF THE SOFTWARE.
1. GRANT OF LICENSE:
Subject to the terms below, WYSIWYG Web Services hereby grants you a non-exclusive, non-transferable license to install and to use METARs Downloader ('Software').
Under this license, you may: (i) install and use the Software on a single computer for your personal, internal use (ii) copy the Software for back-up or archival purposes. (iii)You may not distribute the software to others without first obtaining the required licenses, where applicable.
Whether you are licensing the Software as an individual or on behalf of an entity, you may not: (i) reverse engineer, decompile, or disassemble the Software or attempt to discover the source code; (ii) modify, or create derivative works based upon, the Software in whole or in part without the express written consent of WYSIWYG Web Services; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software.
2. TITLE: You acknowledge that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain that of WYSIWYG Web Services . The Software is protected by copyright and patent laws of the United States and international treaties.
3. DISCLAIMER OF WARRANTY:
YOU AGREE THAT WYSIWYG Web Services HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. WYSIWYG Web Services DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. YOUR RIGHTS MAY VARY DEPENDING ON THE STATE IN WHICH YOU LIVE.
4. DISCLAIMER OF LIABILITY:
WYSIWYG Web Services SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT.
5. LIMITATION OF LIABILITY:
You use this program solely at your own risk.
IN NO EVENT SHALL WYSIWYG Web Services BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF WYSIWYG Web Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WYSIWYG Web Services BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE COST OF THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required to effectuate such termination. Upon termination, you must remove and destroy all copies of the Software.
YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE MAY CONTAIN CODE, MAKE CHANGES TO THE WINDOWS REGISTRY, ALTER FILES, OR REQUIRE DEVICES THAT DETECT OR PREVENT UNAUTHORIZED USE OF THE SOFTWARE.
YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE MAY WHEN UNINSTALLED LEAVE CERTAIN TRACES ON YOUR SYSTEM THAT AID IN DETECTION OF AND HELP PREVENT UNAUTHORIZED USE OF THE SOFTWARE IN THE EVENT THAT IT IS REINSTALLED. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE MAY CONTAIN CODE THAT WOULD ALLOW IT TO BE DISABLED EITHER REMOTELY OR LOCALLY IN THE EVENT THAT IT HAS BEEN DETERMINED BY WYSIWYG Web Services THAT THERE HAS BEEN A BREECH OF THE TERMS OF THIS AGGREMENT IN SPIRIT OR IN FACT AND THAT IN THE EVENT THE SOFTWARE IS DISABLED THAT YOU WILL HOLD WYSIWYG Web Services HARMLESS.
A license entitles you to four replacement keys issued over the life of the license for a total of five keys meant to be used one at a time. No concurrent installations of METARs Downloader on one license is allowed. You must provide the previous code for the installation for which you are requesting a new key in order for a replacement to be sent.
In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
You agree that you will not export or re-export the Software outside of the jurisdiction in which you obtained it without the appropriate United States or foreign government licenses.
10. GOVERNING LAW:
This Agreement will be governed by the laws of the State of Kansas as they are applied to agreements between Kansas residents entered into and to be performed entirely within Kansas. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
11. ENTIRE AGREEMENT:
You agree that this is the entire agreement between you and WYSIWYG Web Services, which supersedes any prior agreement, whether written or oral, and all other communications between WYSIWYG Web Services and you relating to the subject matter of this Agreement.
12. RESERVATION OF RIGHTS:
All rights not expressly granted in this Agreement are reserved by WYSIWYG Web Services.