White Barn Tech License Agreement
THIS IS A CONTRACT. PLEASE READ IT CAREFULLY. BY INSTALLING, USING OR COPYING THE SOFTWARE PROGRAM YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY, OR USE THE SOFTWARE PROGRAM.
THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE PROGRAM BETWEEN YOU AND White Barn Tech.
1. LICENSE GRANT. White Barn Tech (referred to as "Licensor"), hereby grants to you, and you accept, a non-exclusive license to use one copy of TileLogic MC or TileLogic Map (referred to as "Software Program") solely for your own personal or business purposes. The Software Program may be used only on a single computer per license, or in the event of the inoperability of that computer, on a backup device selected by you. Concurrent use on two or more devices is not authorized without the advance written consent of Licensor and the payment of additional license fees.
You agree that you will not assign, sub license, transfer, pledge, lease, rent, or share your rights under this License Agreement. You agree to not reverse engineer, decompile, or in anyway alter the Software Program executables.
Except as authorized under this paragraph, no copies of the Software Program or any portions thereof may be made by you or any person under your authority or control.
2. LICENSOR'S RIGHTS. You acknowledge and agree that the Software Program consists of proprietary, unpublished products of Licensor, protected under U.S. copyright law and trade secret laws of general applicability. You further acknowledge and agree that all right, title, and interest in and to the Software Program are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the Software Program, but only a limited right of use revocable in accordance with the terms of this License Agreement.
3. LICENSE FEES. The license fees paid by you are paid in consideration of the licenses granted under this License Agreement.
4. TERM. This License Agreement is effective upon your installation, copy or use of this Software Program and shall continue until terminated. Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the Program and all copies and portions thereof.
5. LIMITED WARRANTY. THE SOFTWARE PROGRAM, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS", AND LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. White Barn Tech DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE.
6. UPGRADE POLICY. White Barn Tech may create, from time to time, update versions of the Software Program. At its option and at such a fee as White Barn Tech may determine, White Barn Tech may make such updates available to the Licensee.
7. LIMITATION OF LIABILITY. Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Licensor for the use of the Software Program. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree that many factors outside the control of the Software Program can influence data quality, quality of machine control, and general fitness for purpose. Factors such as, but not limited to; operator error, GPS hardware quality, mechanical equipment condition, atmospheric conditions, and RTK correction sources are all sources for potential error, and it is therefore THE RESPONSIBILITY OF THE OPERATOR (USER) TO INSURE INSTALLATION QUALITY. This applies to, but is not limited to; mapping quality and grade control, when applicable.
The Licensee of the Software Program is wholly responsible for all equipment outfitted with the Software Program and hardware for the purpose of installing tile on-grade, with regards to fitness to purpose, quality, and safety.
9. SEVERABILITY. Should any court of competent jurisdiction declare any term of this License Agreement void or unenforceable, such declaration shall have no effect on the remaining terms hereof.
10. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software Program and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph ((c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is White Barn Tech.
