SPOTTERRF NON-TRANSFER AND END USER LICENSE
1. License to use SpotterRF Products for tracking of moving targets and sending location data of said moving targets to other systems for non-airborne-mounted applications.
2. Warranty for three (3) year, from the date of receiving SpotterRF Product(s), for and against hardware and software defects. Additional warranty and support options are available and can be purchased. Warranties are only valid if written and approved by an authorized representative of SpotterRF.
3. Support, including firmware upgrades and RMA through SpotterRF warranty available on the SpotterRF website.
In addition to the other restrictions stated herein, the following restrictions apply:
1. No resale, transfer, or export of SpotterRF Product(s) or any associated software to any entity or individual without express written consent of SpotterRF.
2. Do Not attempt to open the hard plastic enclosure surrounding SpotterRF Product(s). No attempting to reverse engineer any of the software or hardware comprising SpotterRF Product(s). 3. No warranty is available, offered, or implied for units where the hard plastic enclosure is breached by any method or act of nature. No warranty is available if the unit is not installed with a SpotterRF certified mount and an authorized power kit. Additionally, no warranty is available if End-User does not use recommended installation practices (available in the quickstart guide).
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and SpotterRF for SpotterRF hardware and/or software that accompanies this EULA, which includes software embedded in the device (Firmware) and may include associated media, printed materials, "online" or electronic documentation.
YOU, THE END-USER, AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE OR HARDWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE SPOTTERRF HARDWARE OR SOFTWARE.
1. GRANT OF LICENSE. Conditioned upon your compliance with all terms and conditions of this EULA, SpotterRF grants you a non-transferable license with the rights rights contained herein:
2. INSTALLATION AND USE. You shall only install and use SpotterRF Product(s) on ground vehicles or platforms that are attached to the ground.
3. Tracking data generated by SpotterRF Product(s) may be displayed or distributed to any entity or individual not restricted by U.S. Government regulations.
4. RESERVATION OF RIGHTS AND OWNERSHIP. SpotterRF reserves all rights not expressly granted to you in this EULA. The Software and Hardware of SpotterRF Product(s) is protected by copyright and other intellectual property laws and treaties. SpotterRF owns the title, copyright, and other intellectual property rights in the Software and Hardware of SpotterRF Product(s). The Software and Hardware of SpotterRF Product(s) are licensed, not sold.
5. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Hardware or Software of the unit nor may you allow another party to do so..
6. UPDATES TO SOFTWARE AND HARDWARE. This EULA applies to any and all updates, supplements, and add-on components of the Software or Hardware that SpotterRF may provide SPOTTERRF, LLC NON-TRANSFER AND END USER LICENSE AGREEMENT (EULA) V.005 - Dec 15, 2020 Pg. 1 of 3 to you or make available to you after the initial date you obtain SpotterRF Product(s), unless we provide other terms along with the update, supplement, or add-on component.
7. UPGRADES. To use Software identified as an upgrade, you must first be licensed for the Software identified by SpotterRF as eligible for the upgrade.
8. NOT FOR RESALE. After placement with End-User, SpotterRF Products(s) are "Not For Resale" or "NFR," and may not be sold or otherwise transferred to another individual or entity, or used for any purpose other than demonstration, test or evaluation without express written consent by SpotterRF and the U.S Department of Defense as necessary.
9. TERMINATION. Without prejudice to any other rights, SpotterRF may terminate this EULA if you fail to comply with the terms and conditions of this EULA and you may be prosecuted to the full extent of the law.
10. LIMITED WARRANTY FOR SOFTWARE/HARDWARE. SpotterRF warrants that the Software/Hardware will perform substantially in accordance with the accompanying materials for a period of three (3) year from the date of receipt by End User. AS TO ANY DEFECTS DISCOVERED AFTER THE THREE YEAR PERIOD (IF INSTALLED USING AUTHORIZED POWER AND MOUNTS), THERE IS NO WARRANTY OR CONDITION OF ANY KIND UNLESS EXPRESS WRITTEN CONSENT IS GIVEN BY SPOTTERRF.
a. This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, destruction, tampering, abnormal use or a virus. Any replacement unit will be warranted for the remainder of the original warranty period or ninety (90) days, whichever is longer, and SpotterRF will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with SpotterRF's warranty remedy procedures. 11. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears herein is the only express warranty made to you by SpotterRF and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, SpotterRF and its suppliers provide SpotterRF Product(s) and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to SpotterRF Product(s), and the provision of or failure to provide support or other services, information, software, and related content through SpotterRF Product(s) or otherwise arising out of the use of SpotterRF Product(s). ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO SpotterRF PRODUCT(S).
12. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPOTTERRF OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE SPOTTERRF PRODUCT(S), THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, AND RELATED CONTENT THROUGH SPOTTERRF PRODUCT(S) OR OTHERWISE ARISING OUT OF THE USE OF SPOTTERRF PRODUCT(S), OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SPOTTERRF OR ANY SUPPLIER, AND EVEN IF SPOTTERRF OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
a. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction.
13. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of SpotterRF and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by SpotterRF with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on SpotterRF Product(s) up to the amount actually paid by you for SpotterRF Product(s). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
14. YOUR EXCLUSIVE REMEDIES. Subject to the Warranty contained herein as well as any applicable SpotterRF Service Level Agreement, at SpotterRF's option, from time to time exercised subject to applicable law, SpotterRF may: (a) return of the amount paid (if any) for the Unit; (b) repair or replace the Unit (at no cost or for a fee depending on the circumstances); or (c) offer the End-User a replacement unit for a fee. You are responsible for any expenses you may incur (e.g. cost of shipping SpotterRF Product(s) to SpotterRF).
15. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any Service Level Agreement) is the entire agreement between you and SpotterRF relating to SpotterRF Product(s) and the warranty, support services (if any), and repair/replacement of SpotterRF Products and the EULA supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to SpotterRF Product(s) or any other subject matter covered by this EULA. Extended warranty and support packages purchased by the user will extend this agreement as specified in the terms of the extended warranty and support agreement. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
16. CERTIFICATE OF END-USER. I/We certify that we are the End-User of SpotterRF Product(s). Except as specifically authorized by prior written approval of SpotterRF and the U.S. Department of State, we will not re-export, resell or otherwise dispose of any of these software or hardware associated with SpotterRF Product(s) to any other person. If we are a foreign government or entity we certify that we will observe the assurances contained in form DSP 83 and all other related documents. We further certify that all of the facts contained in this certificate are true and correct to the best of our knowledge and belief and we do not know of any additional facts that are inconsistent with this certificate.
SPOTTERRF, LLC NON-TRANSFER AND END USER LICENSE AGREEMENT (EULA) V.005 - Dec 15, 2020