YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THIS SOFTWARE. INSTALLING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD PROMPTLY RETURN THE SOFTWARE WITHOUT INSTALLING.
GRANT OF LICENSE
Subject to the terms and conditions of this agreement and making full payment of the required amounts, Trinity grants to Licensee a nontransferable, nonexclusive right to use one (1) copy of the product defined below for Licensee's own internal use on one of the processors owned or leased by Licensee. Nothing in this agreement conveys title in product to Licensee. Licensee may copy this program onto any machine for backup purposes only. Only one copy may be used at a time.
Product means all computer software and data (including meteorological, terrain, population data, land use, and mapping) contained on media which accompanied this license and whatever technical documentation and source codes Trinity, in its discretion, may furnish with the installation package. This license does not include a license to use any successor product as defined by Trinity in its sole discretion.
REPRESENTATIONS AND LIMITED WARRANTIES
Trinity hereby represents and warrants that Trinity has the right to grant the license provided herein, and the product to be in good working order for a period of 90 days from the date of delivery. Should the Product fail to be in good working order at any time during this 90-day warranty period, Trinity will, at its option, repair or replace the Product at no additional charge to the Licensee, provided the User notifies Trinity in writing within ten days of discovering such an error by sending: a) a list of the command sequence or other input which causes the suspected, repeatable error and b) a printout or a summary of the result. This limited warranty does not include service to repair damage to the Product resulting from accident, disaster, misuse, abuse, or any non-Trinity modification of the Product. Replacement or repair of the Product is Trinity's only obligation. Trinity will not be responsible for any consequential, incidental special or exemplary damages resulting from the sale or use of this Product, regardless of the cause of such damages.
There are no representations or warranties, of any kind, except as recited expressly in the body of this agreement and designated as representations or warranties, and the parties agree specifically that there are not implied warranties of fitness or a particular purpose or of merchantability of the product here licensed beyond a period of 90-days from the date of purchase.
Trinity, from time to time may update its Programs and Documentation for registered maintenance users. If the User is not registered, it may not receive an update. In the event an update is received, the User agrees to destroy or return the original Program or Documentation and acknowledges that the update will be governed by the terms of this license or updates to this license.
LIMITATION OF LIABILITY AND REMEDY
Either party's failure to perform any obligation will be excused if caused by any event of circumstance beyond that party's reasonable control, and that party will not be in default or liable for any loss or other damage for the delay or failure in performance directly or directly due to any such excused performance.
For any damage or loss in any way connected with any services furnished or a functional error in the software, whether arising in contract, tort or a combination of both, Licensee's sole remedy, except as otherwise specified herein, is replacement or correction of the software and/or re-performance of services.
In any event Trinity will not be liable for damages exceeding the amount paid to Trinity by Licensee for use of product. In no event shall Trinity be liable for any incidental, special, exemplary, or consequential damages. No action regardless of form, arising out of the transactions under this agreement may be brought by either party more than two (2) years after the cause of action as accrued.
IN NO CASE SHALL TRINITY, ITS EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, OR OTHER DAMAGES, ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY IN TORT OR WARRANTY, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF DATA, LOSS OF LIFE, PERSONAL INJURY, DAMAGES FROM BUSINESS INTERRUPTION, DOWNTIME, GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT OR PROPERTY, COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA USED IN CONJUNCTION WITH THE PRODUCTS, EVEN IF TRINITY, ITS EMPLOYEES, AGENTS, OR SUPPLIERS, OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO ACCEPT THIS SOFTWARE "AS IS" AND "WITH ALL FAULTS" OTHER THAN THE LIMITED WARRANTY STATED ABOVE. ANY WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY TRINITY, ITS EMPLOYEES, AGENTS OR SUPPLIERS WILL IN NO WAY INCREASE THE SCOPE OF THIS WARRANTY, NOR MAY YOU RELY ON ANY SUCH WRITTEN OR ORAL COMMUNICATION. ALL EXPRESS WARRANTIES UNLESS SPECIFICALLY STATED HEREIN AND ALL IMPLIED WARRANTIES ON THE PROGRAM, MEDIA, AND DOCUMENTATION INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. THIS SOFTWARE MAY USE CHEMICAL DATA FROM VARIOUS SOURCES AS PART OF ITS DATA BASE. IN ADDITION TO OTHER DISCLAIMERS CONTAINED HEREIN, INCLUDING SOLD "AS IS," TRINITY CANNOT BE HELD LIABLE FOR ANY RESULTS OF ANY CALCULATIONS BASED ON SUCH CHEMICAL DATA SHOULD SUCH DATA BE INACCURATE AND, IN USING THE PROGRAM, THE USER RECOGNIZES AND ACCEPTS THAT SUCH DATA MAY BE INACCURATE.
Trinity shall be responsible only to the User; no responsibility to any third party shall be created. The User agrees to indemnify and hold Trinity and its officers, directors, employees, suppliers, and agents harmless against any and all loss, damage, claim, or liability whatsoever, due to personal injury or death, or damage to property of others directly or indirectly due to the User's use of this software, or any other act or omission of the User, included, but no limited to, failure to comply with any applicable law, rule or regulation. The limited warranty set forth above is in lieu of all other express warranties, whether oral or written and the remedies set forth above are the User's sole and exclusive remedies. The agents, employees, distributors, dealers and other suppliers of Trinity are not authorized to make modifications to this warranty or additional warranties on its behalf. This warranty gives you specific legal rights. You may also have other rights that vary from state to state.
In the event that this software was distributed with a hardware key (also known as a hardware dongle), this hardware key is required to be attached to your computer for proper use of the software application. If the hardware key is lost the replacement fee will be 80% of the retail price of the software. As a result, care should be taken to ensure the hardware key is always kept in a safe location. If the hardware key is found to be defective, Trinity will provide a replacement hardware key upon receipt of the defective hardware key from the licensee.
Trinity may without liability, terminate this agreement upon thirty (30) days' written notice if Licensee breaches any provisions of this agreement or any attachments to this agreement.
Upon termination, howsoever, of this agreement, Licensee, at its expense, will return to Trinity, any materials, documents, or programs furnished hereunder and any copy thereof, in whole or in part. Upon termination, Licensee will cease using the product. The obligation of Licensee to pay all charges will survive termination, and Trinity will not be liable for return of consideration paid. Termination of this agreement will be without prejudice to any other remedies at law or in equity Trinity or Licensee may have.
The application is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license the application. By accepting this License, you warrant and represent to Trinity Consultants, Inc. that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export the application to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.
BY EITHER OPENING THE SEALED PORTION OF THE PRODUCT PACKAGING, OBTAINING A SOFTWARE KEY, OR USING THE PRODUCT OR PROGRAM PAST ANY INITIAL TRIAL PERIOD, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT AND SUPERSEDES ANY PROPOSAL DEALINGS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.