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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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