Software Bisque Paramount ME User Manual page 4

Paramount ME User's Guide
Software Bisque End User License Agreement
SOFTWARE BISQUE ("BISQUE") IS WILLING TO LICENSE THESKY™ ASTRONOMY SOFTWARE, CCDSOFT
CCD ASTRONOMY SOFTWARE™, TPOINT™ TELESCOPE POINTING ANALYSIS SOFTWARE, ORCHESTRATE™
SCRIPTING SOFTWARE, AUTOMADOME™ DOME CONTROL SOFTWARE, IACLIENT™/IASERVER™
SOFTWARE, THE GRAND TOUR, THESKY POCKET EDITION, THESKY POCKET EDITION WITH POCKET
TPOINT, AND OTHER SOFTWARE COMPONENTS LICENSEE ELECTS TO PURCHASE FROM BISQUE, AND
THE APPLICABLE USER DOCUMENTATION (THE "SOFTWARE") ONLY ON THE CONDITION THAT THE USER
OF THE PRODUCT (THE "LICENSEE") ACCEPTS ALL OF THE TERMS AND CONDITIONS OF THIS END USER
LICENSE AGREEMENT (THE "AGREEMENT").
BY OPENING, INSTALLING, USING, ACCESSING OR MANIPULATING THE PRODUCT, LICENSEE
ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE
BOUND BY IT. IF LICENSEE DOES NOT AGREE TO ANY OF THE TERMS BELOW, BISQUE IS UNWILLING TO
LICENSE THE PRODUCT TO LICENSEE, AND LICENSEE SHOULD RETURN THIS AGREEMENT AND THIS
PRODUCT PROMPTLY TO BISQUE.
1. LICENSE AND RESTRICTIONS.
(a) License. Licensee is permitted to install and use the Software in machine-readable form on one
(1) computer solely for Licensee's personal, noncommercial use. In addition, if Licensee
purchases the Browser Astronomy™ software component which provides Internet-enabled
functionality of the Product, Licensee may access and use the Product remotely via the Internet
or other external network subject to the limitations in Section 1(b) below and provided that
remote access is confined to Licensee or Licensee's authorized employees and solely for
Licensee's personal, non-commercial use. Licensee may copy the Software only for backup
purposes, provided that, Licensee reproduces all copyright and other proprietary notices that
are on the original copy of the Software.
(b) Restrictions. Except as expressly provided in this Agreement, Licensee may not (i) use, copy,
display, perform, modify or create derivative works of the Product in whole or in part, or merge
the Product with any third party products; (ii) translate, reverse engineer, decompile,
disassemble, or otherwise attempt to derive the source code of or the internal communications
protocols used by the Product; (iii) rent, lease, loan, sublicense, distribute, transfer, use as a
service bureau or otherwise allow third parties to access the Product; (iv) use the Product to
provide third-party access to telescopes on a time-shared basis; (v) remove any proprietary or
intellectual property notices, labels, or marks on the Product; or (vi) otherwise use the Product
or copy the Software except as expressly permitted under Section 1(a). Licensee shall be
responsible for obtaining all hardware and software products necessary for the operation of the
Product. If applicable, Licensee shall be solely responsible for obtaining Internet access
necessary for the operation of the Internet-enabled functionality of the Product.
2. PAYMENT. Licensee is responsible for all license fees associated with the Product payable to Bisque or
Bisque's distributors. All payments must be made in U.S. dollars. The license fees exclude all
applicable sales, use, and other taxes and all applicable export and import fees, customs duties and
similar charges, and Licensee will be responsible for payment of all such taxes (other than taxes based
on Bisque's income), fees, duties, and charges, and any related penalties and interest, arising from the
payment of the license fees or the delivery or license of the Product to Licensee. Any portion of the
license fees that is not paid when due will accrue interest at eighteen percent (18%) per annum or the
maximum rate permitted by applicable law, whichever is less, from the due date until paid.
3. OTHER SERVICES. Licensee acknowledges that nothing under this Agreement obligates Bisque to
perform, provide, or render any services of any kind, including, but not limited to support, training, or
consulting services. This Agreement does not entitle Licensee to any subsequent versions, upgrades or
enhancements of the software.
4. OWNERSHIP. Bisque and its respective licensors shall retain all right, title, and interest to or residing
in all Products subject to this Agreement, including without limitation all existing and future worldwide
patents, patent applications, trademarks, trade names, services marks, inventions, copyrights, know-
how, trade secrets and other proprietary rights. The Product is licensed, not sold, to Licensee, and
Bisque reserves all rights not expressly granted to Licensee.
5. TERM AND TERMINATION. The Agreement becomes effective when Licensee agrees to the terms and
conditions of this Agreement by opening, installing, using, accessing or manipulating the Product, and
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