IMPORTANT -- READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Avian Waves for the Avian Waves software that accompanies this EULA, which includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services (“Software”). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE!
1. GRANT OF LICENSE. Provided that you comply with the terms and conditions of this EULA, Avian Waves grants you the following personal, non-exclusive, limited license to download and store one copy of the Software on a single computer.
3. AVIAN WAVES FREEWARE / LIMITATIONS. Avian Waves provides this version of Software free of charge and does not permit any third party to charge a fee for the transmission or distribution of Software. Components of this software were not developed by Avian Waves and Avian Waves does not have the authority to force developers of components to continue to provide their software for free in the future. If other parties change their licensing agreement, you must comply with their new licensing agreement, even if removal of Software is required. Avian Waves is under no obligation to provide notification of other party licensing changes.
4. RESERVATION OF RIGHTS AND OWNERSHIP. Avian Waves reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Avian Waves owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. Notwithstanding any other provision in this EULA, this EULA does not grant any license, under any intellectual property, to implement any functionality contained in the Software (including without limitation communications protocols used by the Software) in any software installed on a Device accessing or utilizing a Microsoft Terminal Server Product.
5. ADDITIONAL LIMITATIONS. Your use of this Software may require additional licenses from Microsoft and you may be obligated to purchase Microsoft Windows or Microsoft Terminal Server Client Access Licenses in order to use the Software.
6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7. NO RENTAL/COMMERCIAL HOSTING. Except as expressly permitted in Sections 1 and 2, you may not rent, lease, or lend the software (including provision of commercial hosting services).
8. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Software. The third party sites are not under the control of Avian Waves, and Avian Waves is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Avian Waves is not responsible for webcasting or any other form of transmission received from any third party sites. Avian Waves is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Avian Waves of the third party site.
9. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Avian Waves may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Avian Waves reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
10. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
11. TERMINATION. Without prejudice to any other rights, Avian Waves may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
12. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVIAN WAVES PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
14. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF AVIAN WAVES UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE TO AVIAN WAVES (US$0.00 FOR FREEWARE). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
15. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of North Carolina. If you acquired this Software in any other country, then local law may apply.
16. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Avian Waves relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Avian Waves policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.