Space Radiation License Agreement

This binary code license ("License") contains rights and restrictions associated with use of the accompanying software and documentation ("Software"). Read the License carefully before installing the Software. By installing the Software you agree to the terms and conditions of this License.

1. Limited License Grant. Space Radiation Associates grants to you ("Licensee") a non-exclusive, limited license to use one copy of this software on a single terminal connected to a single computer. You may make one (1) archival copy of the CD for backup purposes. You may transfer the Software on a permanent basis provided you retain no copies.

2. Restrictions. Software is confidential copyrighted information of Space Radiation Associates and title to all copies is retained by Space Radiation Associates . Licensee shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Licensee is not authorized to network this software or otherwise use it on more than one computer or computer terminal at the same time. Software may not be leased, assigned, or sublicensed, in whole or in part.

Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or for use in on-line control of spacecraft, spacecraft navigation or spacecraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Licensee warrants that it will not use or redistribute the Software for such purposes.

3. Copyright. Software is protected by United States copyright laws and international treaty provisions. Unauthorized duplication is forbidden.

4. Trademarks. "Space Radiation", "HITFIT", "Avionics/SE" and the Space Radiation Skystar logo are trademarks of Space Radiation Associates.

5. Disclaimer of Warranty. Software is provided "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU.

Space Radiation Associates warrants only that the CD and hardware key are free from defects in materials and workmanship under normal use and service for a period of ninety (90) days after receipt, and any implied warranty(ies) on the CD and hardware key is also limited to ninety (90) days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

Space Radiation Associates' entire liability and your exclusive remedy as to the CD shall be, at Space Radiation Associates' option, either (a) return of the purchase price or (b) replacement of the CD that does not meet Space Radiation Associates' Limited Warranty.

EXCEPT AS PROVIDED ABOVE, SPACE RADIATION ASSOCIATES DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, CD, AND WRITTEN MATERIALS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE.

6. Limitation of Liability. IN NO EVENT SHALL SPACE RADIATION ASSOCIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF USE OF OR INABILITY TO USE THIS PRODUCT EVEN IF SPACE RADIATION ASSOCIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Termination. Licensee may terminate this License at any time by destroying all copies of Software. This License will terminate immediately without notice from Space Radiation Associates if Licensee fails to comply with any provision of this License. Upon such termination, Licensee must destroy all copies of Software.

8. Export Regulations. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders.

9. Restricted Rights. Use, duplication or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable. Contractor/manufacturer is Space Radiation Associates, 1430 Willamette Street, Suite 1, Eugene, OR 97401.

10. Governing Law. Any action related to this License will be governed by Oregon law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.

11. Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction. However, if in Space Radiation Associate's opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or increase the liabilities of Space Radiation Associates, Space Radiation Associates reserves the right to terminate the License and refund the fee paid by Licensee, if any, as Licensee's sole and exclusive remedy.


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Copyright © 1996-2006 Space Radiation Associates (Last updated: November 30, 2006)
Space Radiation, Avionics/SE, and HITFIT are trademarks of Space Radiation Associates
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