Software License Agreement
HURRTRAK ADVANCED for Windows
HURRTRAK EM/Pro for Windows
HURRTRAK RM/Pro for Windows
Global Tracker - EM/Pro for Windows
Global Tracker - RM/Pro for Windows
Upon payment by you of the applicable licensing fees, PC Weather Products, Inc. (hereinafter "Licensor") grants you a license to use one of the above referenced software products, in accordance with the terms and conditions of this licensing agreement. The Software described above is copyrighted, you obtain no rights in and to such Software other than those specifically granted herein. The license granted herein is a personal, nonexclusive, and non-transferable license.
Under this License you:
a) May use the Software on a single workstation on which it is first installed, except where site or network licenses apply.
b) May make backup or archival copies of Software solely for backup and archival purposes. All copies made must contain Licensor's copyright and proprietary notices, and use of such backup or archival copies is limited to the uses permitted by this licensing agreement.
c) May use Software on a backup workstation temporarily in the event the Workstation to which the Software is licensed malfunctions.
d) May copy or print screen displays generated by the Software for your own internal business uses and purposes up to 100 users/day.
The Software contains the proprietary technology of Licensor. No title or ownership of the Software is transferred under this Agreement, title remains in Licensor.
Under this license you may NOT:
a) Disclose or make available Software, including any of its screen displays, formats or output, to any other party or permit others to use it except your employees and agents who use it on your behalf and who have agreed to these license terms.
b) Reverse compile, reverse assemble or otherwise reverse engineer Software.
c) Make copies of any part of the documentation, except where site or network licenses apply.
d) Sell, transfer, assign, rent, lease, sub-license or subcontract any of your rights in and to the Software or under this license without the express written consent of Licensor.
e) Modify and merge the Software with other software to form other software adaptations.
License Termination
Licensor may terminate any license granted hereunder if you breach your obligations under these license terms. Upon such license termination you must destroy or return, at Licensor's option, all copies of the Software.
No Warranty
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties in consumer transactions, so the above exclusion may not apply to you.
LICENSOR'S LIABILITY TO YOU, FOR ANY CAUSE WHATSOEVER, WHETHER ARISING OUT OF CONTRACT, TORT, EQUITY OR OTHERWISE, SHALL BE LIMITED TO RETURN OF THE LICENSING FEE YOU PAID TO LICENSOR FOR THE SOFTWARE. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY OTHER DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE OR YOUR POSSESSION THEREOF. Some States do not allow the limitation or exclusion of liability for incidental or consequential damages in consumer transactions, so the above exclusion may not apply to you.
Governing Law
If you acquired this Software in the United States, this license is governed by the laws of the State of Georgia. Otherwise, this license is governed by the laws of the country in which you licensed the Software.
Other Uses
If you need to utilize the Software in a manner outside of this Agreement, please contact Licensor.