BY INSTALLING, DOWNLOADING, OR USING THE LAND AND SEA, INC. SOFTWARE, YOU AGREE TO THE TERMS OF THIS LICENSE.
Land and Sea, Inc. (“Land and Sea”) grants to the end user purchaser (“Licensee”) a non-exclusive, non-transferable, non-assignable license, without the right of sublicense, to install and use the DYNO-MAX™ PC software and DYNOmite™ Data Acquisition Computer E-prom software, and any other software Land and Sea may provide (“Software”) solely in conjunction with the use of Land and Sea products and subject to the following:
1. Licensee may install the Software on up to two computers: one for data acquisition and one for data analysis of the Land and Sea products. Licensee is not entitled to Software source code.
2. Licensee may make one copy of the Software solely for backup purposes. Licensee will not make, or allow others to make any other copies nor allow distribution of the Software to third parties. Licensee will not allow reverse engineering, decompiling or modification of the Software.
3. Land and Sea warrants ONLY that the physical media on which the Software is recorded is free from defects in material or workmanship, under conditions of normal use, for a period of thirty (30) days from the date of shipment from Land and Sea, as evidenced by the original invoice ship date. Land and Sea’s total liability and obligation, and Licensee’s sole and exclusive remedy for a warranted defect is limited to replacement of the physical media which Land and Sea determines to be defective. Licensee is responsible for costs associated with shipping the replaced media back to Licensee. Physical media which Land and Sea has replaced will, upon Licensee receipt, be covered by this limited warranty for the remaining period of the original thirty day warranty period. THIS IS THE ONLY WARRANTY UNDER THIS LICENSE AGREEMENT.
a. Licensee must notify Land and Sea Warranty Department at the below address promptly upon discovery of an alleged warranted defect in the physical media, obtain a Return Materials Authorization Number (“RMA”), and return the media, freight prepaid with a copy of the original dated purchase invoice showing the date of shipment from Land and Sea to:
4. A. ALL SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT FOR THE WARRANTY IN PROVISION 3, ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES CONCERNING THE SOFTWARE AND PHYSICAL MEDIA, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS, PERFORMANCE, INFRINGEMENT, MERCHANTABILITY, OR COURSE OF DEALING ARE DISCLAIMED. LICENSEE ASSUMES ALL RISK OF LOSS OR DAMAGE ASSOCIATED WITH INSTALLATION AND USE OF THE SOFTWARE AND PHYSICAL MEDIA. LAND AND SEA MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE OR ITS PHYSICAL MEDIA WILL BE COMPATIBLE WITH OR WILL PERFORM ON LICENSEE’S COMPUTERS. LICENSEE IS SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS ARISING FROM INSTALLATION OR USE OF THE SOFTWARE OR ITS PHYSICAL MEDIA. ADDITIONALLY, THERE ARE NO WARRANTIES ASSOCIATED WITH ANY INFORMATION, OR ADVICE REGARDING THE SOFTWARE PROVIDED BY LAND AND SEA OR ITS AGENTS AND LICENSEE MAY NOT RELY ON SUCH INFORMATION OR ADVICE.
B. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LAND AND SEA, NOT ITS EMPLOYEES OR OFFICERS WILL BE LIABLE FOR ANY LOST PROFITS, LOST GOODWILL OR OPPORTUNITY OR LOSS OF DATA, NOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, HOWEVER ARISING. IN NO EVENT WILL LAND AND SEA’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE NET PURCHASE PRICE OF THE AFFECTED OR ALLEGEDLY DEFECTIVE PRODUCTS, OR THE LICENSEE FEE OF THE SOFTWARE, WHICHEVER IS LESS.
C. The above limited warranty gives you specific legal rights; you may have others under applicable state laws. Some states do not allow exclusion of limited warranty or limitation of liability for consequential or incidental damages.
5. For one year after the date of Software shipment from Land and Sea Licensee may receive reasonable telephone and e-mail technical support for the Software only at no cost. Land and Sea is not obligated to provide maintenance, enhancements, updates, new versions, upgrades, or bug fixes to Licensee.
6. Licensee is responsible for payment of all costs associated with shipping Software from Land and Sea facility. All duty and taxes, including sales tax, VAT and GST associated with licensing the Software is the responsibility of Licensee. Licensee is importer of record. Licensee will comply with US and applicable laws concerning the re-export of Software. Any licensee fee for the Software is non-refundable and must be paid before shipment of the Software.
7. In addition to all other rights at law or equity, Land and Sea may terminate this License and prevent further use of the Software if, after receipt of notice, Licensee fails to pay amounts owed to Land and Sea or defaults in its obligations under this License or the Land and Sea’s Terms of Sale.
8. This License is considered made in New Hampshire, USA and will be interpreted and enforced pursuant to New Hampshire laws without regard to its conflicts of laws rules. The United Nations Convention on the International Sale of Goods will not apply to this License. Licensee submits to the jurisdiction of New Hampshire. In any action to enforce this License Agreement, Land and Sea is entitled to reasonable attorney fees and court costs.
9. If any term of this License is deemed void or unenforceable by a court of competent jurisdiction, such term will be deleted and the remaining terms enforced.
10. The above is the entire agreement and supersedes all other agreements and understandings. This License Agreement cannot be modified except by written amendment signed by the President of Land and Sea.
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