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Contact
Info: info@marvelaero.com Tel: +1 949 829 8264 Fax: +1 949 829 8394 www.marvelaero.com ISO9001:2008 Certified |
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SOFTWARE PRODUCT LICENSE - END USER LICENSE AGREEMENT (EULA) The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. MARVEL AERO INTERNATIONAL, INC. (MARVEL AERO) owns the copyright and other intellectual property rights in the Software. The Software is licensed, not sold.
· General License Grant. MARVEL AERO grants to you a non-exclusive license to use the Software and install such Software on a single computer for internal use. · Documentation. With respect to electronic and other documentation, you may make any number of copies (either in hard copy or electronic form) provided that such copies shall be used only for internal purposes and are not republished or distributed. · Reservation of Rights. MARVEL AERO reserves all rights not expressly granted herein. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS: 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. · Copyright. You must maintain all copyright notices on all copies of the SOFTWARE. · Rental. You may not rent, lease, or lend the Software without express written permission from MARVEL AERO · Termination. Without prejudice to any other rights, MARVEL AERO 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. · Consent to Use of Data. You agree that MARVEL AERO may collect and use technical information gathered as part of the product support services provided to you, if any, related to the software. MARVEL AERO may use this information solely to improve our products or to provide customized services or technologies to you. MARVEL AERO will never disclose this information to others without your explicit permission. 3. SOFTWARE MAINTENANCE/UPDATES: MARVEL AERO is not obligated to provide maintenance, technical support or updates to you for the Software. However, MARVEL AERO may, in its sole discretion, provide technical support, updates and/or supplements of the Software and/or related information (“Updates”) to you hereunder, in which case such Updates shall also be deemed to be included in the “Software” and therefore governed by this EULA, unless other terms of use are provided by MARVEL AERO with such Updates. 4. 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. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the U.S. Commerce Department, Bureau of Export Administration nor any other U.S. federal agency has suspended, revoked or denied your export privileges. 5. INTELLECTUAL PROPERTY RIGHTS: All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Software) and any copies of the Software that you are expressly permitted to make herein, are owned by MARVEL AERO. All title and intellectual property rights in and to the content which may be accessed through use of the Software are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by MARVEL AERO. 6. DISCLAIMER OF WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARVEL AERO AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND ANY (IF ANY) SUPPORT SERVICES AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM WITH RESPECT TO THE SOFTWARE AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT SERVICES, REMAINS WITH YOU. 7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARVEL AERO OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR SUPPORT SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MARVEL AERO OR ANY SUPPLIER, AND EVEN IF MARVEL AERO OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 8. LIMITATION OF LIABILITY AND REMEDIES: NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MARVEL AERO AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR FIVE DOLLARS (US$5.00). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 9. FAULT TOLERANCE: THIS SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THIS SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. 10. APPLICABLE LAW: If you acquired the Software in the United States, this EULA is governed by the laws of the State of California. If the Software was acquired outside the United States, then local law may apply. 11. U.S. GOVERNMENT RIGHTS: All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. 12. 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 MARVEL AERO, and MARVEL AERO 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. MARVEL AERO is not responsible for web casting or any other form of transmission received from any third party sites. MARVEL AERO 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 MARVEL AERO of the third party site. 13. ENTIRE AGREEMENT: This EULA is the entire agreement between you and MARVEL AERO relating to the Software and the support services (if any) and it supersedes 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 MARVEL AERO policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. 14. EULA
UPDATES: MARVEL AERO may make updates and changes to this license agreement
from time to time. Such changes will be posted on our website at
www.christiecbs.com or
www.marvelaero.com. Such
changes or updates will become effective immediately. If you elect not to be
bound by the new license agreement you must immediately destroy all copies of
the Product and inform MARVEL AERO in writing. |
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Marvel Aero International, Inc.
info@marvelaero.com CAGE: 1WKR4,
ISO9001:2008 Certified |
