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FGB END-USER SOFTWARE LICENSE AGREEMENT
Version 2.0, 2007
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THE
SOFTWARE. BY INSTALLING AND 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, DO NOT INSTALL OR USE THE SOFTWARE.
PROMPTLY UNINSTALL IT.
This is a legal agreement between you and Francisco Gabilondo Boulet
("FGB"). This Agreement states the terms
and conditions upon which FGB offers to license the software
electronically downloaded through diveoperations.com together with
all related documentation and accompanying items including, but not
limited to, the executable programs, drivers, libraries and data
files associated with such programs (collectively, the "Software").
LICENSE
1. Grant of License
The Software is licensed, not sold, to you for use only
under the terms of this Agreement. You own the hard disk or other
media on which the Software is originally or subsequently
installed or upgraded; but,as between you and FGB (and, to
the extent applicable, its licensors), FGB retains all
title to and ownership of the Software and reserves all
rights not expressly granted to you. The license under this
Section 1 is conditioned upon your compliance with all of
your obligations under this Agreement. FGB grants to you
the right to use all or a portion of this Software provided that
(a) the Software is not distributed for profit;
(b) the Software is used only in conjunction with FGB's
family of products;
(c) the Software may NOT be modified;
(d) all copyright notices are maintained on the Software; and
(e) the licensee/end-user agrees to be bound by the terms of
this agreement.
2. For Use on a Single Computer
The Software may be used only on a single computer by a
single user at any time. You may transfer the machine-readable
portion of the Software from one computer to another computer,
provided that
(a) the Software (including any portion or copy thereof) is
erased from the first computer and
(b) there is no possibility that the Software will be used on
more than one computer at a time.
3. Stand-Alone Basis
You may use the Software only on a stand-alone basis, such
that the Software and the functions it provides are accessible
only to persons who are physically present at the location of the
computer on which the Software is loaded. You may not allow the
Software or its functions to be accessed remotely, or transmit
all or any portion of the Software through any network or
communication line.
4. Copyright
The Software is owned by FGB and is protected by the Mexican
Republic copyright laws and international treaty provisions.
You may not remove the copyright notice
from any copy of the Software or any copy of the written
materials, if any, accompanying the Software.
5. One Archival Copy
You may make one (1) archival copy of the machine-readable
portion of the downloaded Software for backup purposes only in support
of your use of the Software on a single computer, provided
that you reproduce on the copy all copyright and other
proprietary rights notices included on the originals of the
Software.
6. No Merger or Integration
You may not merge any portion of the Software into, or
integrate any portion of the Software with, any other
program, except to the extent expressly permitted by the
laws of the jurisdiction where you are located. Any portion
of the Software merged into or integrated with another
program, if any, will continue to be subject to the terms
and conditions of this Agreement, and you must reproduce on
the merged or integrated portion all copyright and other
proprietary rights notices included in the originals of
the Software.
7. Transfer of License
You may not transfer your license of the Software. This license
is granted only to one single user. If you need an additional
license you must purchase a separate one, as every license has its
own unique key code, which is generated for a single user.
8. Limitations on Using, Copying, and Modifying the Software
Except to the extent expressly permitted by this Agreement,
you may not use, copy or modify the Software. Nor
may you sub-license any of your rights under this Agreement.
You may use the software for your personal use only, and not
for public performance or for the creation of publicly
displayed images.
9. Decompiling, Disassembling, or Reverse Engineering
You acknowledge that the Software contains trade secrets and
other proprietary information of FGB.
Except to the extent expressly permitted by this Agreement
or by the laws of the jurisdiction where you are located,
you may not decompile, disassemble or otherwise reverse
engineer the Software, or engage in any other activities to
obtain underlying information that is not visible to the
user in connection with normal use of the Software.
In particular, you agree not for any purpose to transmit the
Software or display the Software's object code on any
computer screen or to make any hardcopy memory dumps of the
Software's object code. If you believe you require
information related to the interoperability of the Software
with other programs, you shall not decompile or disassemble
the Software to obtain such information, and you agree to
request such information from FGB at the address listed
below. Upon receiving such a request, FGB shall
determine whether you require such information for a
legitimate purpose and, if so, FGB will provide such
information to you within a reasonable time and on
reasonable conditions.
In any event, you will notify FGB of any information
derived from reverse engineering or such other activities,
and the results thereof will constitute the confidential
information of FGB that may be used only in connection
with the Software.
10. Further Development
If you request for special software development additions
to meet your specific needs related to this software, FGB will
retain exclusive rights for all or any added functions to
the software and will be able to incorporate them into future
versions without any rights or responsibility toward you.
11. TERMINATION
The license granted to you is effective until terminated.
You may terminate it at any time by uninstalling the Software
(including any portions or copies thereof). The
license will also terminate automatically without any notice
from FGB if you fail to comply with any term or
condition of this Agreement. You agree upon such termination
to uninstall the Software (including any portions or copies
thereof). Upon termination, FGB may also
enforce any rights provided by law. The provisions of this
Agreement that protect the proprietary rights of FGB
will continue in force after termination.
12. NO WARRANTY
FGB does not warrant that the functions contained in
the Software will meet your requirements or that the
operation of the Software will be uninterrupted, error-free
or free from malicious code. For the purposes of this
paragraph, "malicious code" means any program code designed
to contaminate other computer programs or computer data,
consume computer resources, modify, destroy, record, or
transmit data, or in some other fashion usurp the normal
operation of the computer, computer system, or computer
network, including viruses, Trojan horses, droppers, worms,
logic bombs, and the like.
THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. FGB IS
NOT OBLIGATED TO PROVIDE ANY UPDATES, UPGRADES OR
TECHNICAL SUPPORT FOR THE SOFTWARE.
Some countries/states do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
FGB disclaims all warranties of any kind if the
Software was customized or altered in any way
by any third party other than FGB.
13. INDEMNIFICATION BY YOU
If you distribute the Software in violation of this
Agreement, you hereby indemnify, hold harmless and defend
FGB from and against any and all claims or lawsuits,
including attorney's fees and costs that arise, result from
or are connected with the use or distribution of the
Software in violation of this Agreement.
14. DISCLAIMER OF DAMAGES: LIMITATION OF LIABILITY
IN NO EVENT WILL FGB BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
OR FOR ANY BODILY INJURY (INCLUDING DEATH) TO ANY PERSONS
CAUSED BY FGB'S NEGLIGENCE, OR FOR ANY LOST PROFITS,
LOST SAVINGS, LOSS OF USE, LOST REVENUES OR LOST DATA
ARISING FROM OR RELATING TO THE SOFTWARE OR THIS AGREEMENT,
EVEN IF FGB HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FGB'S
LIABILITY OR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED
THE AMOUNT PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF
THE FORM OF THE CLAIM.
Further, FGB shall not be liable for the accuracy of
any information provided by FGB or third party
technical support personnel, or any damages caused, either
directly or indirectly, by acts taken or omissions made by
you as a result of such technical support.
You assume full responsibility for the selection of the
Software to achieve your intended results, and for the
installation, use and results obtained from the Software.
You also assume the entire risk as it applies to the quality
and performance of the Software. Should the Software prove
defective, you (and not FGB) assume the entire cost of
all necessary servicing, repair or correction.
Some countries/states do not allow the limitation or
exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not
apply to you.
15. REINBURSMENTS
There are no reinsbursments once a key has been granted.
Reinbursments will be granted only in special cases and are
subject to review by FGB, within 3 days after purchase of license.
Software is not normaly returned once a key has been granted,
this is why we strongly recommend installing and using the "Demo Version"
before purchasing the full program.
17. CONTRACTOR/MANUFACTURER
The Contractor/Manufacturer for the Software is:
Francisco Gabilondo Boulet
Calle 7 Sur 402 Depto. 2
Colonia Cuzamil
Cozumel, Quintana Roo 77667
Mexico
18. GENERAL
This Agreement is binding on you as well as your employees,
employers, contractors and agents, and on any successors
and assignees. This Agreement is the entire agreement between
us and you agree that FGB will not have any liability for untrue
statement or representation made by it, its agents or
anyone else (whether innocently or negligently) upon which
you relied upon entering this Agreement, unless such untrue
statement or representation was made fraudulently. This
Agreement supersedes any other understandings or agreements,
including, but not limited to, advertising, with respect
to the Software. If any provision of this Agreement is
deemed invalid or unenforceable by any country or
government agency having jurisdiction, that particular
provision will be deemed modified to the extent necessary
to make the provision valid and enforceable, and the
remaining provisions will remain in full force and effect.
For questions concerning this Agreement, please contact
FGB at the address stated above. For questions on
product or technical matters, contact FGB
technical support at www.diveoperations.com.
END OF AGREEMENT
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