FREE USE AND DISTRIBUTION LICENSE FOR BODYTRANS TRIAL EDITION
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
· YOU COPY, INSTALL, OR USE THIS COPY OF BODYTRANS SOFTWARE, OR
· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS BODYTRANS TRIAL EDITION SOFTWARE.
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement (Agreement) applies only to the version of the BodyTrans Trial Edition software package (BodyTrans) with which this Agreement is included by the AeroTeal Management LLC. Different license terms may apply to other software packages or other materials from AeroTeal Management LLC, and license terms for later versions of BodyTrans may also be changed.
2. FREE USE LICENSE.
(a) Original Distribution Package Necessary. In order to qualify for the free use license described below, you must have downloaded or received BodyTrans in the form of an original BodyTrans distribution package as distributed by AeroTeal Management LLC, including all files contained in such package ("Original Distribution Package"). Current Original Distribution Packages for BodyTrans are available from AeroTeal Management LLC and AeroTeal Management LLC authorized BodyTrans distributors. Copies of BodyTrans not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others.
(b) You may, free of charge:
· install and use BodyTrans Trial Edition free of charge, for the duration of the Trial Edition license.
· copy, store, distribute and transmit, free of charge, identical copies of this Original Distribution Package of BodyTrans Trial Edition to others, as long as it is deemed current by AeroTeal Management LLC.
"Proper use" of BodyTrans Trial Edition is use of the BodyTrans Trial Edition program fully in accordance with AeroTeal Management LLC guidelines, as such guidelines may be changed, clarified or corrected by AeroTeal Management LLC from time to time. If you have any questions as to proper use of this BodyTrans Trial Edition program, you may contact AeroTeal Management LLC via the contact information included in this Original Distribution Package.
(c) You may not:
· permit others to use this BodyTrans Trial Edition program unless they are properly licensed by AeroTeal Management LLC, either under this Agreement or another agreement from AeroTeal Management LLC.
· modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, this BodyTrans Trial Edition program.
· copy BodyTrans Trial Edition except as described above.
· sell or license copies of BodyTrans Trial Edition to others.
· remove any proprietary notices or labels on BodyTrans Trial Edition or any other AeroTeal Management LLC software.
· use BodyTrans Trial Edition in or for High Risk Activities (defined below)
(d) All rights not expressly granted by AeroTeal Management LLC in this Agreement are entirely and exclusively reserved to AeroTeal Management LLC.
4. SUPPORT. BodyTrans contains online help files. However, hard-copy documentation, telephone assistance and other support are not available under this free license.
5. DISCLAIMER OF WARRANTY. AeroTeal Management LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST BODYTRANS TRIAL EDITION BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING BODYTRANS TRIAL EDITION, AND THAT IF YOU USE BODYTRANS TRIAL EDITION IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF BODYTRANS TRIAL EDITION IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL AeroTeal Management LLC, OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF BODYTRANS TRIAL EDITION, OR YOUR RELATIONSHIP WITH AeroTeal Management LLC. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you.
7. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement.
8. TITLE. AeroTeal Management LLC or its licensors own the BodyTrans software, all other materials in this BodyTrans Original Distribution Package, and the names and marks "AeroTeal Management LLC" and "BodyTrans", under the copyright, trademark, and trade secret laws and all other laws that may apply.
9. TERMINATION. The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the BodyTrans software and all other materials in this BodyTrans Original Distribution Package and, at AeroTeal Management LLC's sole discretion, any or all of the files created by you using BodyTrans and distributed to others.
10. HIGH RISK ACTIVITIES. BodyTrans 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 BodyTrans could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). AeroTeal Management LLC and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
11. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and AeroTeal Management LLC. Waiver by AeroTeal Management LLC of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to BodyTrans or to this Agreement shall be governed by the laws of the United States and the laws of the State of Washington, without regard to U.S. or Washington choice of law rules. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to AeroTeal Management LLC or the matters in this Agreement shall be exclusively in courts located in Ohio. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by AeroTeal Management LLC herein.