End-User License Agreement (EULA) for Red Bird SFX 188.8.131.52 and accompanying documentation ("Software")
Copyright © 2003-2009 Kandmtech, a division of Planck Systems LLC
All Rights Reserved.
AGREEMENT. After reading this agreement carefully, if you ("Customer") do not agree to all of the terms of this agreement, you may not use this Software. Unless you have a prior licensing agreement signed by Kandmtech, a division of Planck Systems LLC ("the Company") that covers this copy/version of the Software, your use of this Software indicates your acceptance of this license agreement and warranty. All updates to the Software shall be considered part of the Software and subject to the terms of this Agreement. Changes to this Agreement may accompany updates to the Software, in which case by installing such update Customer accepts the terms of the Agreement as changed. No dealer, distributor, agent or employee of the Company is authorized to make any addition, amendment, modification, or exception to the Agreement unless in writing signed by an officer of the Company. If any term of this Agreement is declared void or unenforceable by any court of competent jurisdiction, enforcement of the remaining terms shall not be affected. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this Agreement.
This Software is owned by the Company. and is protected by national copyright laws and international copyright treaties.
1. EXPORT LAW. This Software is subject to export control. The Software may be transmitted, exported, or re-exported only under applicable export laws and restrictions and regulations of the United States Bureau of Industry and Security or foreign agencies or authorities. By downloading or using the Software, you are agreeing to comply with export controls. The Software may not be downloaded or otherwise exported or re-exported to any country subject to U.S. trade sanctions governing the Software, sanctioned countries including Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or by citizens or residents of such countries except citizens who are lawful permanent residents of countries not subject to such sanctions, or by anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders.
2. GRANT OF LICENSE AND PROHIBITIONS. This Software is licensed to you. You are not obtaining title to the Software or any copyrights. You may not transfer, sublicense, rent, lease, convey, modify, translate, convert to another programming language, decompile, or disassemble the Software for any purpose. Permission must be obtained before mirroring or redistributing the evaluation copies of the Software. The Registration Information may not be distributed in human-readable form, disclosed physically, electronically, or verbally to any third party, or distributed in any other form. Disclosure or improper distribution of the Registration Information would allow the unauthorized use of Software by others, and is legally equivalent to the unauthorized distribution of Software.
3. USE AND EVALUATION PERIOD. You may use copies of this Software on the number of computers authorized in your registration documentation. A copy of this Software is considered in use when loaded into temporary memory (i.e., RAM) and/or installed on a permanent storage device (i.e., hard disk, CD-ROM, etc.). You may use an evaluation copy of the Software for only thirty (30) days in order to determine whether to purchase the Software.
4. MULTI-COMPUTER LICENSES. If this is a multi-computer license, you may make, install, and use additional copies of this Software up to the number of copies authorized in your registration documentation.
5. LIMITED WARRANTY. THE SOFTWARE IS PROVIDED AS IS AND THE COMPANY DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. LIMITATION ON DAMAGES. NEITHER THE COMPANY NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL THE COMPANY'S LIABILITY FOR ANY DAMAGES EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
7. TERMINATION. The termination of this agreement will result in Customers loss of all rights licensed. At which time the Customer must stop use of licensed software. Violations resulting in license termination will include but are not limited to, a) violating the terms of this agreement or b) you do not pay the license fee before the end of the evaluation period. Upon termination, you must immediately destroy the Software. Any unauthorized use of the Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
8. GOVERNING LAW. The agreement shall be governed by the laws of the State of Maryland. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a state or federal court of competent jurisdiction located in Anne Arundel County, Maryland. The parties hereby consent to the personal jurisdiction of such courts.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. This Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and (a) of the Rights in Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is:
Kandmtech, a division of Planck Systems LLC
7625 FRANCIS RD
GLEN BURNIE MD, 21060 USA