RavTrack PC Software License
Attention: please read this document carefully before purchasing this program. the individual or entity reading this package (the “end user”) agrees to be bound by the terms of this license. if you purchase this package and do not agree to the terms of this license, do not use the software and promptly notify us, and the license price will be refunded.
The RavTrack PC computer program(s) and the accompanying documentation are provided to the End-User by Raveon Technologies Corporation (“Licensor”) for use only under the following terms. Licensor reserves any right not expressly granted to the End-user. The End-User owns the disk on which the Software is recorded, but Licensor retains ownership of all copies of the Software itself. The End-User assumes sole responsibility for the installation, use and results obtained from use of the Software.
End-User is granted limited, non-exclusive license to do only the following:
- Install and maintain the Software on one computer at any one time.
- Make copies in machine-readable form solely for backup or archival purposes for the computer, which the Software is installed. Copyright law protects the Software. As an express condition of this License, the End-User must keep the file “License.txt” with the archival copies.
- Transfer the Software and all rights under this License to another party together with copy of this License and all written materials accompanying the Software, provided (i) the End-User gives licensor written notice of the transfer (including in such notice the identity of the transferee), and (ii) the other party reads and agrees to accept the terms and conditions of this License.
Raveon restricts certain features of the program based upon the type of License Key purchased. Regardless of the type of License Key acquired by the end user, only one copy of the Program may be utilized for each individual License Key acquired. If the Program is used with Trial Key, then the End-User may only use the Program for 30 days after the Program is first installed, after which the Program must be un-installed or Limited or Unlimited Key Purchased. It may not be re-installed and used with the Trial License.
The end-user may not sub-license, assign, or distribute copies of the software to others. the software contains trade secrets. the end-user may not de-compile, reverse engineer, disassemble, or otherwise reduce the software to human readable form. The end-user may not modify, adapt, translate, rent, lease, loan, resell for profit, distribute, or otherwise assign or transfer the software, or create derivative works based upon the software or any part thereof, except as expressly provided in section 1.c. above.
3 Protections and Security
The End-User agrees to use its best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. The End-User acknowledges that the Software contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to Licensor.
This License is effective until terminated. This License will terminate immediately without notice from Licensor if the End User fails to comply with any of its provisions. Upon termination the End User must destroy the Software and all copies thereof, and the End-User may terminate this License at any time by doing so.
5 No Warranty for Licensed Software
Raveon’s product warranty for each Raveon hardware product (including its use in connection with the most current version of licensed software, or, with Raveon approval, a previous version of the licensed software) is included with shipment of such Raveon product. Raveon makes no standalone warranty with regard to licensed software. Consequently, the ravtrack pc licensed software (and any other software) is provided by Raveon “as-is” without (and Raveon hereby disclaims) any warranty, statutory, express or implied. Raveon may, at licensee’s request, furnish technical assistance, advice and information with respect to the licensed software (beyond the scope of Raveon’s applicable product warranty or service contract for the Raveon instrument(s) used by licensee in connection with the licensed software). It is expressly agreed that there is no obligation to provide such assistance, advice or information, which are provided “as is,” without additional charge, and at licensee’s sole risk. No oral or written information or advice given by licensor or its dealers, distributors, employees or agents shall in any way modify or add to the foregoing warranty disclaimer.
The end-user assumes all risk as to the suitability, quality, and performance of the software. In no event will licensor, or its directors, officers, employees or affiliates, be liable to the end-user for any consequential incidental, indirect, special or exemplary damages (including damages for loss of business profits, business interruption, loss of data or business information, and the like) arising out of the use of or inability to use the software or accompanying written materials, even if licensor has been advised of the possibility of such damages.
Licensor’s liability to the end-user (if any) for actual direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to, and in no event shall exceed, the amount originally paid to licensor for the license of the software.
5.1 Disclaimer. No Other Warranties
Raveon hereby disclaims, all remedies and warranties, express, statutory, implied, or otherwise, including, but not limited to, any warranties of merchant ability, satisfactory quality, non-infringement, or fitness for a particular purpose, or regarding results obtained through the use of the licensed. In no event shall Raveon be liable for costs of substitute goods or services, or for any special, consequential, incidental, exemplary or indirect damages for breach of warranty.
From time to time licensor may, in its sole discretion, advise the end-user of updates, upgrades, enhancements or improvements to the software and/or new releases of the software (collectively, “enhancements”), and may license the end-user to use such enhancements upon payment of prices as may be established by licensor from time to time. All such enhancements to the software provided to the end-user shall also be governed by the terms of this license. In order for the end-user to be assured that it will be advised of and licensed to use any enhancements to the software, the end-user must complete, sign and return to licensor the attached end-user registration form.
Generally, licensed und-users may obtain minor upgrades at no charge. Major updates of RavTrack PC may be obtained for an upgrade fee. Please contact Raveon for upgrade fees. Minor upgrades are designated by version numbers where the integer portion does not change. For example, version 2.3 to 2.7 is minor upgrade. Major upgrades are where the integer portion of the version number changes. Version 2.7 to 3.0 is major upgrade and will require the purchase of license for the upgraded version of the software.
This license agreement shall be governed by, construed and enforced in accordance with the laws of the California, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate Raveon Technologies Corporation and/or its affiliates’ intellectual property rights, Raveon Technologies Corporation and/or its affiliates may seek conjunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If dispute arises under this agreement, we agree to first try to resolve it with the help of mutually agreed-upon mediator in the following location: San Diego County, USA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: San Diego County, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If any provision of this License is held by court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. Any notices or other communications to be sent to Licensor must be mailed first class, postage prepaid, to the following address: 2320 Cousteau Ct. Vista, CA, 92081.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded.
This Agreement may not be changed or amended except by written instrument executed by duly authorized officer of licensor.
By installing this softare program, the end-user acknowledges that it has read this license, understands it, and agrees to be bound by its terms and conditions.
If you have any questions concerning this license, contact licensor at the address set forth below.
Raveon Technologies Corporation
2320 Cousteau Ct.
Vista, CA 92081 – US