End User License Agreement - Hemisphere GPS V104n User Manual

Gps compass

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IMPORTANT - This is an agreement (the "Agreement") between you, the end purchaser ("Licensee") and Hemisphere GNSS Inc.

("Hemisphere") which permits Licensee to use the Hemisphere software (the "Software") that accompanies this Agreement. This Software

may be licensed on a standalone basis or may be embedded in a Product. Please read and ensure that you understand this Agreement

before installing or using the Software Update or using a Product.

In this agreement any product that has Software embedded in it at the time of sale to the Licensee shall be referred to as a "Product". As

well, in this Agreement, the use of a Product shall be deemed to be use of the Software which is embedded in the Product.

BY INSTALLING OR USING THE SOFTWARE UPDATE OR THE PRODUCT, LICENSEE THEREBY AGREES TO BE LEGALLY BOUND BY THE

TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, (I) DO NOT INSTALL OR USE THE SOFTWARE, AND (II) IF YOU

ARE INSTALLING AN UPDATE TO THE SOFTWARE, DO NOT INSTALL THE UPDATE AND PROMPTLY DESTROY IT.

HEMISPHERE PROVIDES LIMITED WARRANTIES IN RELATION TO THE SOFTWARE. AS WELL, THOSE WHO USE THE EMBEDDED

SOFTWARE DO SO AT THEIR OWN RISK. YOU SHOULD UNDERSTAND THE IMPORTANCE OF THESE AND OTHER LIMITATIONS SET OUT IN

THIS AGREEMENT BEFORE INSTALLING OR USING THE SOFTWARE OR THE PRODUCT.

LICENSE. Hemisphere hereby grants to Licensee a non-transferable and non-exclusive license to use the Software as embedded in a

Product and all Updates (collectively the "Software"), solely in binary executable form.

RESTRICTIONS ON USE. Licensee agrees that Licensee and its employees will not directly or indirectly, in any manner whatsoever:

install or use more copies of the Software than the number of copies that have been licensed;

use or install the Software in connection with any product other than the Product the Software was intended to be used or

installed on as set out in the documentation that accompanies the Software.

copy any of the Software or any written materials for any purpose except as part of Licensee's normal backup processes;

modify or create derivative works based on the Software;

sub-license, rent, lease, loan or distribute the Software;

permit any third party to use the Software;

use or operate Product for the benefit of any third party in any type of service outsourcing, application service, provider service

or service bureau capacity;

reverse engineer, decompile or disassemble the Software or otherwise reduce it to a human perceivable form;

Assign this Agreement or sell or otherwise transfer the Software to any other party except as part of the sale or transfer of the

whole Product.

UPDATES. At Hemisphere's discretion Hemisphere may make Updates available to Licensee. An update ("Update") means any

update to the Software that is made available to Licensee including error corrections, enhancements and other modifications.

Licensee may access, download and install Updates during the Warranty Period only. All Updates that Licensee downloads, installs or

uses shall be deemed to be Software and subject to this Agreement. Hemisphere reserves the right to modify the Product without any

obligation to notify, supply or install any improvements or alterations to existing Software.

SUPPORT. Hemisphere may make available directly or through its authorized dealers telephone and email support for the Software.

Contact Hemisphere to find the authorized dealer near you. As well, Hemisphere may make available user and technical

documentation regarding the Software. Hemisphere reserves the right to reduce and limit access to such support at any time.

BACKUPS AND RECOVERY. Licensee shall back-up all data used, created or stored by the Software on a regular basis as necessary

to enable proper recovery of the data and related systems and processes in the event of a malfunction in the Software or any loss or

corruption of data caused by the Software. Licensee shall assume all risks of loss or damage for any failure to comply with the

foregoing.

OWNERSHIP . Hemisphere and its suppliers own all rights, title and interest in and to the Software and related materials, including all

intellectual property rights. The Software is licensed to Licensee, not sold.

TRADEMARKS. "Hemisphere GNSS","Crescent", "Eclipse" and the associated logos are trademarks of Hemisphere. Other

trademarks are the property of their respective owners. Licensee may not use any of these trademarks without the consent of their

respective owners.

LIMITED WARRANTY. Hemisphere warrants solely to the Licensee, subject to the exclusions and procedures set forth herein below,

that for a period of one (1) year from the original date of purchase of the Product in which it is embedded (the "Warranty Period"), the

Software, under normal use and maintenance, will conform in all material respects to the documentation provided with the Software

and any media will be free of defects in materials and workmanship. For any Update, Hemisphere warrants, for 90 days from

performance or delivery, or for the balance of the original Warranty Period, whichever is greater, that the Update, under normal use

and maintenance, will conform in all material respects to the documentation provided with the Update and any media will be free of

defects in materials and workmanship. Notwithstanding the foregoing, Hemisphere does not warrant that the Software will meet

Licensee's requirements or that its operation will be error free.

WARRANTY EXCLUSIONS. The warranty set forth in Section (8) will not apply to any deficiencies caused by (a) the Product not

being used as described in the documentation supplied to Licensee, (b) the Software having been altered, modified or converted in

any way by anyone other than Hemisphere approved by Hemisphere, (c) any malfunction of Licensee's equipment or other software,

or (d) damage occurring in transit or due to any accident, abuse, misuse, improper installation, lightning (or other electrical discharge)

or neglect other than that caused by Hemisphere. Hemisphere GNSS does not warrant or guarantee the precision or accuracy of

positions obtained when using the Software (whether standalone or embedded in a Product). The Product and the Software is not

intended and should not be used as the primary means of navigation or for use in safety of life applications. The potential position and

navigation accuracy obtainable with the Software as stated in the Product or Software documentation serves to provide only an

estimate of achievable accuracy based on specifications provided by the US Department of Defense for GPS position and DGPS

service provider performance specifications, where applicable.