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Terms of Use and End-User License Agreement (EULA)

Airscanner USA ("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:
© 2003-2008 Airscanner USA. 155 Briarhill Lane, PA 17522 . All rights reserved.

Use of Software
The software available to download from this site is the copyrighted work of Airscanner USA (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 USA 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 USA, 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 USA, 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.

© 2003-2008 Airscanner USA. 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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