The following is a legal software license agreement between you, the software end user, and MobileCaltronics (MC) and its third party licensors. Carefully read this license agreement before using the Math PAC or STATS PAC applications. Installing the Software on your mobile device or other hardware device indicates that you have read this license agreement and agree to its Terms.
1. Grant of License. This license permits you to use one copy of the Software included in this package or product on any single mobile device. For each software licensee, the program can be "in use" on only one mobile device or hardware device at any given time. The Software is "in use" when it is either loaded into RAM or installed into the hard disk or other permanent memory of a mobile device or other hardware device. A special license permit is required if the application is going to be installed on a network server for the sole purpose of distribution to other devices. You may not modify, translate, reverse assemble, decompile, disassemble or otherwise attempt (i) to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Software, including without limitation any such mechanism used to restrict or control the functionality of the Software, or (ii) to derive the source code or the underlying ideas, algorithms, structure or organization from the Software (except to the extent that such activities may not be prohibited under applicable law).
2. Copyright. The Software contained in this package or device is protected by United States copyright laws, international treaty provisions, and all other applicable national laws. The Software must be treated like all other copyrighted materials (e.g. books and musical recordings). This license does not allow the Software to be rented or leased, and the written materials accompanying the Software (if any) may not be copied.
3. Ownership. Title, ownership rights, and all intellectual property rights in and to the Software and any accompanying documentation, and any copy of the foregoing, shall remain the sole and exclusive property of MobileCaltronics. You agree to abide by the copyright law and all other applicable laws. You acknowledge that the Software contains valuable confidential information and trade secrets of MobileCaltronics.
4. Software Updates. There may be updates to the Software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). It is the end user's responsibility to request the latest Software version information. If a newer version is available, the Software will be available online at www.MobileCaltronics.com and it will be the end users responsibility to request, locate and/or download it successfully into their own device.
5. Warranty Disclaimer. NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THIS SOFTWARE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES FOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND MC AND THIRD PARTY LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU, AND NOT MC OR THIRD PARTY LICENSOR OR AN AUTHORIZED RESELLER, ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
6. Limited Liability. YOUR SOLE REMEDY AND THE ENTIRE LIABILITY OF MC, THIRD PARTY LICENSOR AND ITS LICENSORS ARE SET FORTH ABOVE. IN NO EVENT WILL MC OR THIRD PARTY LICENSOR AND ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES ARISING OUT OF USE OF OR INABILITY TO USE SUCH SOFTWARE, EVEN IF MC OR THIRD PARTY LICENSOR OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Export. You will not export or re-export the product incorporating the Software without the appropriate United States or foreign government licenses.
8. U.S. Government Restricted Rights. If you are a unit or agency of the United States government, the Software and related documentation are deemed to be "commercial computer software" and "commercial computer software documentation", respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the Software and/or the related documentation by the United States government shall be governed solely by the Terms of this Agreement and shall be prohibited except to the extent expressly permitted by the Terms of this Agreement. Any technical data provided that is not covered by the above provisions is deemed to be "technical data commercial items" pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performing, displaying or disclosing of such technical data shall be governed by the Terms of DFAR Section 227.7015(b).
9. High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). MC AND THIRD PARTY LICENSOR EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
11. Usage Tracking. To improve product usability, MC and/or Third Party Licensor may log information about the usage information of selected product features. Such usage information will not be collected with any corresponding identifying information so that usage anonymity will be preserved.
12. Termination. Your rights with respect to the Software may be terminated, either immediately or after a notice period not exceeding thirty (30) days, upon unauthorized copying of the Software or failure to comply with the restrictions contained in this license agreement. Upon Termination of the license, you shall return all copies of the Software to the party from which the Software was acquired.
13. Governing Law. If this product was purchased in the United States, this Agreement is governed by the laws of the state of Florida; otherwise, local laws may apply.
14. All third parties who distribute or market the Software or integrate the Software into its products or bundle the Software with its products are third party beneficiaries of the rights of MC under this End User License Agreement.