License Agreement / Copyright
MICROSOFT®
Microsoft, Microsoft Windows, Windows Media Player, Microsoft MSAgent, Windows
XP, Windows Vista, Windows 7 are all registered trademarks, copyright
Microsoft Corporation, All Rights Reserved.
APPLE®
Apple QuickTime is a registered trademark, copyright Apple Inc., All Rights
Reserved.
IRADIOALARM© - PRODUCT LICENSE INFORMATION
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE
SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE
OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT
INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON
COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
- **** General Grant of License ******
LICENSE GRANT. Thunder Software LLC grants you a license to use one copy of
the version of this SOFTWARE on any one hardware product for as many licenses as
you purchase. "You" means the company, entity or individual whose funds are
used to pay the license fee. "Use" means storing, loading, installing, executing
or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any
licensing or control features of the SOFTWARE except as an intended part of the
SOFTWARE's programming features. When you first obtain a copy of the SOFTWARE, you
are granted access to the Limited Edition of the SOFTWARE which limits the
ability to store information, after which you must pay for the SOFTWARE according
to the terms and prices discussed in the SOFTWARE's documentation. This license
is not transferable to any other hardware product or other company, entity, or
individual.
- **** Statement of Ownership ******
OWNERSHIP. The SOFTWARE is owned and copyrighted by Thunder Software LLC, Your
license confers no title or ownership in the SOFTWARE and should not be
construed as a sale of any right in the SOFTWARE.
- **** Statement of Copyright Rights ******
COPYRIGHT. The SOFTWARE is protected by United States copyright law and
international treaty provisions. You acknowledge that no title to the intellectual
property in the SOFTWARE is transferred to you. You further acknowledge that
title and full ownership rights to the SOFTWARE will remain the exclusive property
of Thunder Software LLC and you will not acquire any rights to the SOFTWARE
except as expressly set forth in this license. You agree that any copies of the
SOFTWARE will contain the same proprietary notices which appear on and in the
SOFTWARE.
- **** Reverse Engineering statement ******
REVERSE ENGINEERING. You agree that you will not attempt to reverse compile,
modify, translate, or disassemble the SOFTWARE in whole or in part. UNAUTHORIZED
USE. You may not use, copy, rent, lease, sell, modify, decompile, disassemble,
otherwise reverse engineer, or transfer the SOFTWARE except as provided in
this agreement. Any such unauthorized use shall result in immediate and automatic
termination of this license.
- **** Bundling Statement ******
BUNDLING. In no case may this product be bundled with hardware or other
non-shareware software without written permission from Thunder Software LLC (133
Colonial Woods Dr./Mount Vernon/OH/43050). All distribution of SOFTWARE is further
restricted with regard to sources which also distribute virus source code and
related virus construction/creation materials. The SOFTWARE may not be made
available on any site, CD-ROM, or with any package which makes available or
contains viruses, virus source code, virus construction programs, or virus creation
material. Permission to distribute the SOFTWARE is not transferable, assignable,
saleable, or franchisable. Each entity wishing to distribute the package must
independently satisfy the terms of the distribution license. You agree that the
SOFTWARE will not be shipped, transferred or exported into any country or used
in any manner prohibited by the United States Export Administration Act or any
other export laws, restrictions or regulations.
- **** U.S. Government Information Statement ******
U.S. GOVERNMENT INFORMATION. Use, duplication, or disclosure by the U.S.
Government of the computer software and documentation in this package shall be
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 (Oct 1988) and
FAR 52.227-19 (Jun 1987). The Contractor is Thunder Software LLC, 133 Colonial
Woods Dr., Mount Vernon, OH 43050.
- **** Warranty Statement ******
NO OTHER WARRANTIES. THUNDER SOFTWARE LLC DOES NOT WARRANT THAT THE SOFTWARE
IS ERROR FREE. THUNDER SOFTWARE LLC DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT
TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION. LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS"
BASIS. THUNDER SOFTWARE LLC DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE,
WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THUNDER
SOFTWARE LLC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR
DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE,
EVEN IF THUNDER SOFTWARE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR
EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF
EXCLUSION OR RESTRICTION. IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE
LICENSE FEE PAID TO THUNDER SOFTWARE LLC.
- **** Severability Statement ******
SEVERABILITY. In the event of invalidity of any provision of this license, the
parties agree that such invalidity shall not affect the validity of the
remaining portions of this license.
- **** Liability Statement ******
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THUNDER SOFTWARE LLC
OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL
OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE
OF THE SOFTWARE, EVEN IF THUNDER SOFTWARE LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THUNDER SOFTWARE LLC LIABILITY FOR ANY
CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE
LICENSE FEE PAID BY YOU, IF ANY.
- **** Governing Law ******
GOVERNING LAW. This agreement shall be governed by the laws of the State of
Ohio excluding the application of its conflicts of law rules and shall inure to
the benefit of Thunder Software LLC and any successors, administrators, heirs
and assigns. Any action or proceeding brought by either party against the other
arising out of or related to this agreement shall be brought only in a STATE or
FEDERAL COURT of competent jurisdiction located in Knox County, Ohio. The
parties hereby consent to in personam jurisdiction of said courts. This agreement
will not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded.
- **** Inspection and Testing Statement ******
INSPECTION AND TESTING. You agree and acknowledge that you will thoroughly
inspect and test the SOFTWARE for all of your purposes upon commencement of your
use. Any suit or other legal action, claim or any arbitration relating in any
way to this agreement or software covered by it must be officially filed or
officially commenced no later than 90 days after your first use of the software.
- **** Entire Agreement Statement ******
ENTIRE AGREEMENT. This is the entire agreement between you and Thunder
Software LLC which supersedes any prior agreement or understanding, whether written or
oral, relating to the subject matter of this license.
- **** Reserved Rights Statement ******
RESERVED RIGHTS. All rights not expressly granted here are reserved to Thunder Software LLC