Software License Agreement
This is a legal
agreement between you, the end user, and SkiTrak Software, regarding your use
of the SkiTrak (“Software”). By using the Software, you agree to be bound by
the terms of this agreement. If you do not agree to the terms of this
agreement, uninstall the software, remove all copies of the software and installation
program from your computer and return any Software media and all accompanying
items to SkiTrak Software at the address indicated below.
1. Grant of License. SkiTrak Software hereby grants to you (an individual) the revocable, personal, non-exclusive, and nontransferable right to install and use the Software on your computer solely for your personal and non-commercial use. Sharing this Software with other individuals is in violation of this license. You may not make the Software available on a network, or in any way provide the Software to multiple users.
2. Copyright. The Software is owned by SkiTrak Software and protected by United States and international copyright law. You may not remove or conceal any proprietary notices, labels or marks from the Software.
3. Restrictions on Use. You may not, and you may not permit others to (a) reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, the Software; (b) modify, distribute, or create derivative works of the Software; (c) copy (other than one back-up copy), distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Software. Any Data (i.e. Ski Resort definitions, example data …) provided with the Software is solely for the use with the Software and (a) may not be modified, distributed, or used to create derivative works of the Data; (b) copy (other than one back-up copy), distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Data.
4. Term of Agreement. The term of this Agreement begins upon installation of this Software and ends when you remove and delete all copies of the Software and included Data. SkiTrak Software reserves the right to terminate this Agreement at any time if you violate any provision of this Agreement. If the Agreement is terminated for any reason, you agree to remove and delete all copies of the Software and Data immediately and to return to SkiTrak Software all copies of this Software, Data and accompanying items.
5. LIMITED WARRANTY
(A) FOR A PERIOD OF 30 DAYS FROM THE DATE OF PURCHASE, THE CD-ROM OR OTHER MEDIA ("MEDIA") THAT CONTAINS THIS SOFTWARE IS WARRANTED TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP. IF THE MEDIA IS DEFECTIVE OR FAULTY IN WORKMANSHIP, YOU MAY RETURN THE MEDIA TO SKITRAK SOFTWARE AT THE ADDRESS BELOW WITH A WRITTEN DESCRIPTION OF THE DEFECT, AND SKITRAK SOFTWARE WILL REPLACE THE MEDIA WITHOUT CHARGE. REPLACEMENT OF THE MEDIA IS YOUR SOLE AND EXCLUSIVE REMEDY AND SKITRAK SOFTWARE’S SOLE LIABILITY:
Address for Returned
P.O. Box 424
Byfield, MA 01922
(B) EXCEPT FOR EXPRESS
PROVISIONS IN PARAGRAPH (A), THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS
ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SKITRAK
SOFTWARE, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A
WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT
RELY ON ANY SUCH INFORMATION OR ADVICE. SKITRAK SOFTWARE DOES NOT WARRANT,
GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE,
OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, CURRENTNESS, OR OTHERWISE, AND THE ENTIRE RISK AS TO THE RESULTS
AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN
MATERIALS ARE DEFECTIVE, YOU, AND NOT SKITRAK SOFTWARE OR ITS DEALERS,
DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION OTHER THAN EXPRESSLY DESCRIBED ABOVE.
(C) NEITHER SKITRAK SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT OR RELATED TO THIS AGREEMENT, EVEN IF SKITRAK SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKITRAK SOFTWARE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE AND/OR THE RELATED DOCUMENTATION, EVEN IF SKITRAK SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SKITRAK SOFTWARE'S LIABILITY HEREUNDER, IF ANY, EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE.
6. General. This Agreement and any dispute under it will be governed by the laws of the State of Massachusetts and the United States of America, without regard to their conflict of laws principles. Both parties consent to the exclusive jurisdiction and venue of the federal and state courts in the county of Essex and the state of Massachusetts. This Agreement constitutes the entire agreement between you and SkiTrak Software with respect to its subject matter, and supersedes other communication, advertisement, or understanding with respect to the Software. This Agreement may not be amended or modified except in a writing executed by both parties. If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and SkiTrak Software’s ownership of the Software survive termination,
BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.