Terms of Use and End-User
License Agreement (EULA)
Airscanner Corp. ("Airscanner") makes information
and products available on this Web site, subject to the following terms
and conditions. By accessing this site, you agree to these terms and conditions.
Airscanner reserves the right to change these terms and conditions, and
the products, services, prices, and programs mentioned in this site at
any time, at its sole discretion, without notice. Airscanner reserves
the right to seek all remedies available by law and in equity for any
violation of these terms and conditions. Any rights not expressly granted
herein are reserved.
Copyright
The information on this Web site is protected by copyright. Except as
specifically permitted, no portion of this Web site may be distributed
or reproduced by any means, or in any form, without Airscanner' prior
written permission.
COPYRIGHT NOTICE:
© 2003-2005 Airscanner Corp. 3241 Purdue Ave. Dallas, Tx 75225 .
All rights reserved.
Use of Software
The software available to download from this site is the copyrighted work
of Airscanner Corp. (except as otherwise indicated on this site). The
software is protected by copyright and patent laws of the United States
and international treaties. Use of the software is governed by the terms
of the end user license agreement, which accompanies such software. You
will not be able to use, download, or install any software unless you
agree to the terms of such end-user license agreement.
Distribution of Software on your CD-ROM
Airscanner Corp. reserves the right to evaluate requests for authorization
to distribute Airscanner software on your CD for non-commercial purposes
only. Requests for authorization should be sent to contact@airscanner.com.
You may not distribute Airscanner software unless expressly permitted
by Airscanner. Airscanner reserves the right to revoke such authorization
at any time, and any such use of the software shall be discontinued immediately
upon notice from Airscanner.
Use of Web Site Information
Except as otherwise indicated on this site, you may view, print, copy,
and distribute documents on this site subject to the following terms and
conditions:
The document may be used solely for informational, personal, non-commercial
purposes; any copy of the document or portion thereof must include all
copyright and proprietary notices in the same form and manner as on the
original. The document may not be modified in any way; Airscanner reserves
the right to revoke such authorization at any time, and any such use shall
be discontinued immediately upon notice from Airscanner. Documents specified
above do not include the layout or design of this Web site. Elements of
this site are protected by trade dress or other laws and may not be imitated
or reproduced in whole or in part. Documents specified above do not include
logos, graphics, or images on this Web site, which may be reproduced or
distributed as expressly permitted by Airscanner.
Third-Party Web Sites
Airscanner's site may provide links to third-party Web sites, which are
not under the control of Airscanner. Airscanner makes no representations
about third-party Web sites. When you access a non-Airscanner Web site,
you do so at your own risk. Airscanner is not responsible for the reliability
of any data, opinions, advice, or statements made on third-party sites.
Airscanner provides these links merely as a convenience. The inclusion
of such links does not imply that Airscanner endorses, recommends, or
accepts any responsibility for the content of such sites.
Third-Party Products and Services
The Airscanner Web site may contain mention of third-party products and
services for informational purposes. Airscanner makes no recommendations
or endorsements about third-party products and services. References to
third-party services and products are provided by Airscanner "as
is," without warranty of any kind, either express or implied.
Trademarks
Airscanner and the Airscanner logo are trademarks of Airscanner Corporation.
The word “Airscanner” is a registered trademark of Airscanner
Corporation. All other trademarks, service marks, trade names, product
names and company names or logos cited herein are the property of their
respective owners.
Warranties and Disclaimers; Liability Limitations
DISCLAIMER OF WARRANTY: THE SITE AND SOFTWARE ARE PROVIDED TO YOU "AS
IS" WITHOUT WARRANTY OF ANY KIND. AIRSCANNER MAKES NO EXPRESS OR
IMPLIED REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN RELATING TO THE
SITE OR SOFTWARE. AIRSCANNER DISCLAIMS ANY AND ALL WARRANTIES, WHETHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE MAY CONTAIN INFORMATION
POSTED BY THIRD PARTIES. AIRSCANNER DOES NOT GUARANTEE THE ACCURACY OF
INFORMATION POSTED BY THIRD PARTIES AND DOES NOT WARRANT EXPRESSLY OR
IMPLIEDLY ANY INFORMATION POSTED BY THIRD PARTIES.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, AIRSCANNER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING
THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH THE SOFTWARE OR THE SITE.
IN NO EVENT SHALL AIRSCANNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR
OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT,
EVEN IF AIRSCANNER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. AIRSCANNER CORP., ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS
IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED
BY OR LINKED TO THE SITE.
THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE
PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, AIRSCANNER CORP.,
MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
Compliance with Laws
Governing Law and Jurisdiction
You agree that all matters relating to your access to, or use of, the
site shall be governed by the laws of the state of Texas. You agree and
hereby submit to the exclusive personal jurisdiction and venue of Dallas
County with respect to such matters.
Airscanner makes no representation that information on the site are appropriate
or available for use in all countries, and prohibits accessing materials
from territories where contents are illegal. Those who access the site
do so on their own initiative and of their own risk and are responsible
for compliance with all applicable laws.
Export Control Laws
Software available on the site is subject to United States export controls.
No software from the site may be downloaded or otherwise exported or re-exported:
(1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North
Korea, Iran, Syria, Afghanistan or any other country to which the United
States has embargoed goods; (2) to anyone on the United States Treasury
Department's list of Specially Designated Nationals or the United States
Commerce Department's Table of Denial and Prohibition Orders; or (3) persons
engaged in the manufacture or sale of weapons of mass destruction.
By downloading or using software from the site, you are agreeing to the
foregoing and all applicable export control laws. You are also warranting
that you are not under the control of, located in, or a resident or national
of any such country or on any such list.
The information on export laws provided herein is not necessarily complete.
For more information on export laws, please refer to 15 C.F.R. ¤¤736,
738, 744, 746, or the United States Commerce Department, Bureau of Export
Administration at www.bxa.doc.gov.
United States Government Rights
If the Software is licensed to agencies of the U.S. Government, the Software
is commercial computer software, and pursuant to FAR 12.212 or DFARS 227.7202
and their successors, as applicable, shall be licensed to the Government
under the terms and conditions of the End User License Agreement(s) accompanying
the Software, and the terms and conditions herein.
AIRSCANNER CORPORATION SOFTWARE
END USER LICENSE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED
BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON THE "ACCEPT"
BUTTON 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. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF
THIS AGREEMENT, CLICK ON THE "NO" BUTTON AND/OR DO NOT INSTALL,
COPY OR OTHERWISE USE THE SOFTWARE.
1. GRANT OF LICENSE: Subject to the terms below, AIRSCANNER CORPORATION
("AIRSCANNER") hereby grants you a non-exclusive, non-transferable
license to install and to use the downloadable, trial version of Airscanner
software ("Software").
For all other users, your license will be free for an introductory thirty
(30) day period and, should you elect to purchase the full license, will
continue for one year from the first installation date. During the introductory
period, or the full license term, if you elect to purchase it, you may:
(i) install and use the Software for your internal use on the number of
computers for which you have paid license fees; and (ii) copy the Software
for back-up or archival purposes.
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; (ii) modify, or create derivative works based upon, the
Software in whole or in part; (iii) distribute copies of the Software;
(iv) remove any proprietary notices or labels on the Software; or (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 in AIRSCANNER. The
Software is protected by copyright and patent laws of the United States
and international treaties.
3. UPDATES. From time to time, AIRSCANNER may make available updates to
the software. You may download and install or otherwise use those updates
to the software that are released by AIRSCANNER within one year of software
registration date. You must complete the product registration form during
software installation and/or sign up for the opt-in mailing list at www.airscanner.com
in order to be notified of software updates. All updates to the Software
are governed by this Agreement, unless other license terms are provided
with the update.
4. DISCLAIMER OF WARRANTY: YOU AGREE THAT AIRSCANNER 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. AIRSCANNER DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER
EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE. AIRSCANNER SHALL NOT BE LIABLE FOR
INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM
ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.
5. LIMITATION OF LIABILITY: You must assume the entire risk of using the
program. IN NO EVENT SHALL AIRSCANNER BE LIABLE TO YOU FOR ANY DAMAGES,
INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE AIRSCANNER
SOFTWARE, EVEN IF AIRSCANNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL AIRSCANNER'S LIABILITY FOR ANY CLAIM, WHETHER
IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE
FEE PAID BY YOU, PROVIDED, HOWEVER, IF THE RELEVANT PRODUCT WAS PROVIDED
TO YOU AT NO CHARGE YOU AGREE AIRSCANNER SHALL NOT BE LIABLE TO YOU FOR
ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY
TO THE EXTENT PERMITTED BY LAW.
6. TERMINATION: This Agreement shall terminate automatically if you fail
to comply with the limitations described in this Agreement, or if you
are licensing the Software on behalf of an entity and do not elect to
continue the license following the expiration of the introductory period
or you do not renew any one (1) year license with AIRSCANNER. No notice
shall be required from AIRSCANNER to effectuate such termination. Upon
termination, except for failure to renew, you must uninstall and destroy
all copies of the Software.
7. MISCELLANEOUS:
Severability.
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.
Export.
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. Governing Law. This Agreement will
be governed by the laws of the State of Texas as they are applied to agreements
between Texas residents entered into and to be performed entirely within
Texas. The United Nations Convention on Contracts for the International
Sale of Goods is specifically disclaimed. Entire Agreement. You agree
that this is the entire agreement between you and AIRSCANNER, which supersedes
any prior agreement, whether written or oral, and all other communications
between AIRSCANNER and you relating to the subject matter of this Agreement.
Reservation of rights. All rights not expressly granted in this Agreement
are reserved by AIRSCANNER.
© 2003-2005 Airscanner Corporation. All rights reserved. Airscanner
and the Airscanner logo are trademarks of Airscanner Corporation. The
word “Airscanner” is a registered trademark of Airscanner
Corporation. All other trademarks are the property of their respective
owners.
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