1. SOFTWARE LICENSE AGREEMENT
This end user license agreement is a legal contract between you and Searchlight Simulations.
The following terms have the following meanings:
"License" means the license to use the Product as set out in paragraph 3.
"Searchlight Simulations" means Searchlight Simulations, a company incorporated in the United States of America.
"Product" means the "Equipment Defect Detector" and the with it associated "LUA Source Code".
By proceeding to download or install the Product, and in consideration of your use of the Product, you are deemed to agree to be bound by the terms of this License.
Searchlight Simulations permits you to use the Product only in accordance with the terms of this License and your rights under this License will terminate automatically without notice if you fail to comply with the terms of this License. Should your rights under this License terminate for any reason you must immediately cease all further use of the Product and destroy all copies of it.
ANY USE OF THIS SOFTWARE IN A COMMERCIAL ENVIRONMENT, AND ANY RESALE OR FURTHER DISTRIBUTION OF THE SOFTWARE, OTHER THAN AS EXPRESSLY AUTHORIZED BY THIS AGREEMENT, CONSTITUTES A BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS.
2. WARRANTY DISCLAIMER
THIS PRODUCT IS DELIVERED TO YOU 'AS IS' AND WITH ALL FAULTS. SEARCHLIGHT SIMULATIONS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THIS PRODUCT. EXCEPT TO THE EXTENT THAT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT BE EXCLUDED OR LIMITED BY LAW, WE MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR OTHER TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PURPOSE. THE PROVISIONS OF THIS SECTION 2 SHALL SURVIVE THE TERMINATION OF THIS LICENSE HOWSOEVER CAUSED.
3. PRODUCT LICENSE
In consideration of you agreeing to abide by the terms of this License and subject to your compliance with the terms of this License, Searchlight Simulations grants you a non-exclusive, non-transferable license to use the Product for the following purposes and in the following manner:
○ You may NOT resell, charge for, sub-license, rent, lease, loan or otherwise commercially exploit the Product without our prior written consent. We reserve the right to withdraw any such consent (or part thereof) for any reason and without notice and to demand that you immediately cease any activity in respect of which permission is withdrawn.
○ You may translate, adapt, vary, modify, alter, create derivative works based upon, or integrate any other computer programs with, the Product in whole or in part.
○ You may repackage or redistribute the Product in whole or in part for noncommercial applications ONLY and ONLY if providing a copy, link or other form of this end user license agreement bundled with your application.
○ You may NOT use the Product to engage in or allow others to engage in any illegal activity.
○ You may NOT transfer or assign your rights or obligations under this License to any person.
○ You are NOT permitted to grant any sub-licenses of the Product.
○ You may NOT use the Product in corporate or commercial environments.
○ You may NOT use the Product to sell or deliver any other product,service or application to a third party or other commercial business.
4. INTELLECTUAL PROPERTY RIGHTS
The Product contains intellectual property of Searchlight Simulations and is protected by law. You acknowledge that all intellectual property rights in the Product anywhere in the world belong to Searchlight Simulations, that rights in the Product are licensed (not sold) to you, and that you have no rights in, or to, the Product other than the right to use it in accordance with the terms of this License.
5. LIMITATION OF LIABILITY
IN NO CIRCUMSTANCES WILL Searchlight Simulations BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS, LOST INFORMATION, LOSS OF DATA NOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES. THE FOREGOING LIMITATIONS AND EXCLUSION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
Nothing in this License limits Searchlight Simulations' liability to you in the event of death or personal injury resulting from our negligence or for fraud. The provisions of this section 5 shall survive the termination of this License howsoever caused.
6. LAW AND JURISDICTION
This License and any dispute or claim arising out of or in connection with it or its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with US law and submitted to the non-exclusive jurisdiction of the US courts.
If any part of this License is found to be void and unenforceable it will not affect the validity of the remainder of this License, which shall remain valid and enforceable according to its terms. This License may only be varied in writing and signed by an authorized representative of Searchlight Simulations. However, notwithstanding the foregoing, Searchlight Simulations may revise this agreement from time to time by posting the most current version on its website. If a revision meaningfully reduces your rights, Searchlight Simulations will notify you (by, for example, sending a message to the email address associated with your account, posting on its facebook page or on its webpage). By continuing to use the Product after the revisions come into effect, you agree to be bound by the revised agreement. Updates may be licensed to you by Searchlight Simulations with additional or different terms but Searchlight Simulations has no obligation to provide any updates. This License is the entire agreement between you and us and supersedes any prior representations, undertakings or advertising relating to the Product and you acknowledge that in entering into this License you have not relied on any statement, representation, advertising, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this License. Except as expressly set forth in this agreement, the exercise by either party of any of its remedies under this agreement will be without prejudice to its other remedies under this agreement or otherwise. All notices or approvals required or permitted under this agreement will be in writing and delivered by email (if available), and in each instance will be deemed given upon receipt. The failure by either party to enforce any provision of this agreement will not constitute a waiver of future enforcement of that or any other provision. Searchlight Simulations is entitled to transfer or assign any of its rights or obligations under this agreement. You may not assign any of your rights under this agreement, and any such attempt will be void.