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This End-User License Agreement ("EULA") is a legal agreement between (a) you (an individual or other single entity) and (b) Astrolabe, Inc. ("Astrolabe") that governs your use of any Software Product (s), made available to you by Astrolabe.
BY OPENING THE SOFTWARE ENVELOPE OR BY TAKING ANY STEP TO INSTALL OR USE THE SOFTWARE PRODUCT, YOU (1) REPRESENT THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN YOUR STATE, PROVINCE, OR OTHER JURISDICTION OF RESIDENCE AND, IF APPLICABLE, YOU ARE DULY AUTHORIZED BY YOUR EMPLOYER TO ENTER INTO THIS CONTRACT, AND (2) YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE EULA TERMS, DO NOT OPEN THIS ENVELOPE OR INSTALL THE SOFTWARE PRODUCT.
- GRANT OF LICENSE. Provided that you agree to and comply with all terms and conditions of this EULA, Astrolabe grants you the following non-exclusive rights:
- Use. You agree to use the Software Product only as expressly permitted herein. You may install the Software Product on up to two computers or devices owned or used by you. You do not have the right to distribute the Software Product. You may make a back up copy of the software, installation file or download link for your own use. Replacement of lost CDs is available for a replacement fee only to registered users of the current version of the Software Product. Download links for previous versions may be available at the discretion of Astrolabe, provided that the information in the previous versions is still current and accurate.
- Output: You may sell or otherwise commercially distribute the calculation output that this program produces on your printer. You may not commercially distribute text output (i.e. interpretation reports) from Solar Fire in any form, though you may give printed copies of the ouput free at your discretion. Text output from the Astrolabe Report System or JigSaw may be sold or otherwise commercially distributed only as printed output. Sale or commercial distribution of text output in any other form, INCLUDING ELECTRONIC DISTRIBUTION, is forbidden.
- Third-Party Software. Notwithstanding the terms and conditions of this EULA, all or any portion of the Software Product that constitutes Third-Party Software is licensed to you subject to the terms and conditions of the software license agreement accompanying such Third-Party Software, as presented in any form such as opening this envelope or accepting a download version or updates transmitted through the Astrolabe servers. Use of the Third-Party Software by you shall be governed entirely by the terms and conditions of such license.
- Support. Technical support for the Software Product will be available at alabe.com and also by telephone and e-mail. Telephone support is available normally during the business week from 11 AM - 4 PM US Eastern Time and may be obtained at 508-896-5081. Email support requests may be addressed to email@example.com. Astrolabe bears no responsibility to provide support beyond installation, but will endeavor to the best of its ability to assist the Software Licensee.
- UPGRADES. To be eligible for an upgrade, you must first be licensed for the original Software Product. After upgrading, you may not transfer or sell the original version of the Software Product that made you eligible for the upgrade. The term "Software Product" includes the upgraded software together with all previous versions.
- TRANSFER. To transfer your program and license to another, you must send Astrolabe a notarized letter signed by you stating the new user's name, address, telephone number and email, and indicating that you have turned over all electronic media and printed manuals and any other program materials to the new user. Also indicate that you have not kept any printed or machine-readable copies of the program, manual or any modifications or portions of the program yourself. The new program user must also sign the letter indicating that s/he agrees to the terms of this EULA.
- PROPRIETARY RIGHTS. All intellectual property rights in the Software Product and user documentation are owned by Astrolabe and/or its authors and are protected by law, including but not limited to copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. The structure, organization and code of the Software Product are the valuable trade secrets and confidential information of Astrolabe and/or its authors. You shall not remove any product identification, copyright notices or proprietary restrictions from the Software Product or its output.
- LIMITATION ON REVERSE ENGINEERING. Except to the extent that such restriction is not permitted under applicable law, you are not permitted to (and you agree not to) reverse engineer, decompile, disassemble or create derivative works from or otherwise modify the Software Product. Nothing contained herein shall be construed, expressly or implicitly, as transferring any right, license or title to you other than those explicitly granted under this EULA. Astrolabe reserves all rights in its intellectual property rights not expressly agreed to herein. Unauthorized copying of the Software Product or failure to comply with the restrictions in this EULA (or other breach of this license) will result in automatic termination of this Agreement. You agree that such a breach would constitute immediate, irreparable harm to Astrolabe for which monetary damages would be an inadequate remedy, and that injunctive relief would be an appropriate remedy for such breach.
- TERM. This EULA is effective unless terminated or rejected. This EULA will also terminate immediately and without additional notice in the event you breach it and/or fail to comply with any term or condition within it.
- DISCLAIMER OF WARRANTIES.
- YOU AGREE THAT THE USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. You recognize that computer software is inherently subject to bugs and the possibility of incompatibility with other computer software and hardware, and that it is possible, though not likely, that use of the Software Product may adversely affect the operation of other software and devices. To the maximum extent permitted under applicable law, the Software Product is offered on an "AS-IS" basis and Astrolabe does NOT warrant that the functions contained within the Software Product will meet your requirements or that the operation of the Software Product will be uninterrupted or error-free or that such errors will necessarily be corrected. You should not use the Software Product for any applications in which failure could cause any significant damage or injury to persons or to tangible or intangible property.
- You assume responsibility for the selection of the program to achieve your intended results, and for the installation, use and results obtained from the program. All calculations and/or interpretations produced by this program are intended for research or entertainment only. Astrolabe and/or its Author (s) assume no liability for any decisions made based on output from this program.
- EXCEPT AS MAY BE SET OUT IN A SPECIFIC WARRANTY ACCOMPANYING THE SOFTWARE PRODUCT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASTROLABE AND ITS DEALERS PROVIDE THE SOFTWARE PRODUCT AND THIRD-PARTY SOFTWARE "AS IS" AND WITH ALL FAULTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND (EXCEPT WARRANTY OF THE PHYSICAL MEDIA ON WHICH THE SOFTWARE PRODUCT IS DELIVERED, WHICH, IF FOUND DEFECTIVE, WILL BE REPLACED FREE OF CHARGE). ASTROLABE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT AND THIRD-PARTY SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASTROLABE OR AN ASTROLABE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety. To the extent applicable law requires Astrolabe to provide warranties, you agree that the scope and duration of such warranty shall be to the minimum extent permitted under such applicable law.
- IN NO EVENT DOES ASTROLABE PROVIDE ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO ANY THIRD-PARTY HARDWARE OR SOFTWARE WITH WHICH THE SOFTWARE PRODUCT IS DESIGNED TO BE USED, AND ASTROLABE DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF.
- LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the entire liability of Astrolabe and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Software Product. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASTROLABE OR ITS DEALERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR SAVINGS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SOFTWARE PRODUCT), EVEN IF ASTROLABE OR ANY DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- INDEMNITY. You agree to indemnify and hold Astrolabe and its officers, directors, employees and licensors harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by a third party due to, or arising out of, or related to your violation of the terms and conditions of this Agreement, your violation of any laws, regulations or third-party rights, or your negligent act, omission or willful misconduct.
- COMPLIANCE WITH LAWS. You shall comply with all laws and regulations of the United States and other countries ("Export Laws") to ensure that the Software Product is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. You further agree that you will not use the Software Product for any purpose prohibited under applicable law.
- APPLICABLE LAW. This EULA is governed by the laws of the Commonwealth of Massachusetts.
- ENTIRE AGREEMENT. This EULA is the entire agreement between you and Astrolabe relating to the Software Product(s) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA.
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