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AVTECH Software License Agreement

By Checking The Box On The Downloads Page Next To The Label "I Agree To The License Agreement", You Are Expressing Your Legal Acknowledgement And Acceptance Of The Agreement Below.

THIS AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN THE INDIVIDUAL OR ORGANIZATION (hereafter "Customer") OWNING THE COMPUTER HOSTING THE SOFTWARE, AND AVTECH SOFTWARE INC. (hereafter "AVTECH"). CUSTOMER SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THIS SOFTWARE. INSTALLING THIS SOFTWARE INDICATES CUSTOMER ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF CUSTOMER DOES NOT AGREE TO THEM, CUSTOMER MUST SELECT CANCEL OR ABORT DURING THE INSTALLATION PROCESS, OR UN-INSTALL THE SOFTWARE IF IT IS ALREADY INSTALLED AND THEREAFTER NOT RUN THE SOFTWARE. GRANT OF LICENSE AVTECH grants to Customer the right to use the AVTECH software program (hereafter "Software") on a single computer (i.e. a single CPU). Customer must use Software on the system it is licensed for unless a License transfer is granted by and purchased from AVTECH. COPY RESTRICTIONS AND OWNERSHIP OF SOFTWARE Customer owns the media on which the program is recorded. AVTECH retains title to the Software including copies, regardless of form or media, and to all copyrights therein. The Software and accompanying written materials are copyrighted. Customer may either (a) transfer the Software to a single hard disk and retain the original Software for backup purposes, or (b) make one copy of the Software solely for backup or archival purposes. TRANSFER RESTRICTIONS Customer may transfer the Software with a copy of this Agreement to another party only on a permanent basis and only if a License transfer is granted by and purchased from AVTECH and only if the other party accepts the terms and conditions of this Agreement. Upon such transfer, Customer must transfer all accompanying written materials, and either transfer or destroy all copies of the Software. Customer may not lease, rent, merge, reverse engineer, decompile or disassemble the Software. TERMINATION This License is effective until terminated. The License will terminate automatically without notice from AVTECH if Customer fails to comply with any provision of the License. Customer may voluntarily terminate License at any time. Upon termination, Customer agrees to destroy or purge all copies of the Software and accompanying written materials. LIMITED WARRANTY As its only warranty under this Agreement, AVTECH warrants the media on which the Software is provided to be free from defects in materials under normal use for a period of 90 days from the date of purchase by Customer as evidenced by AVTECH's receipt of full payment. EXCEPT AS EXPRESSLY WARRANTED HEREIN, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH CUSTOMER. AVTECH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET CUSTOMER REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT PROGRAM DEFECTS WILL BE CORRECTED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. THIS WARRANTY GIVES CUSTOMER SPECIFIC, LIMITED RIGHTS. CUSTOMER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. LIMITATION OF LIABILITY AVTECH's entire liability and Customer's sole remedy under this License is, at AVTECH's option, either (a) return of the Software license payment as evidenced by a copy of Customer purchase documentation; or (b) replacement of media not meeting AVTECH's Limited warranty. IN NO EVENT WILL AVTECH OR ITS DISTRIBUTORS OR RESELLERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, INFORMATION, OR USE), EVEN IF AVTECH HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER. LIMITATION OF REMEDIES AVTECH's liability in contract, tort or otherwise arising out of or in connection with Software or Customer's use of Software shall not exceed the Software License fee paid directly to AVTECH by Customer or a maximum total liability to Customer for all damages in the amount of one thousand dollars ($1,000 USD). EXPORT LAW ASSURANCES Customer may not use or otherwise export or reexport the AVTECH Software except as authorized by United States law. In particular, but without limitation, the AVTECH Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the AVTECH Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country on any such list. U.S. GOVERNMENT RESTRICTED RIGHTS The Software and documentation is provided with restricted rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subdivision (b) (3) (ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013. The contractor and/or manufacturer is AVTECH Software Inc., 16 Cutler Street, Cutler Mill, Warren, RI 02885-2761 USA. GOVERNING LAW This Agreement is governed by the laws of the State of Rhode Island. Customer agrees to submit to the jurisdiction of the federal and state courts of the State of Rhode Island. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. COMPLETE AGREEMENT This License constitutes the entire agreement between the Customer and AVTECH with respect to the use of AVTECH Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by AVTECH.