IMPORTANT-READ CAREFULLY:
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Fighter Pilot Software, LLC ("FPS, LLC") for the software accompanying this EULA, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE"). By exercising your rights to make and use copies of the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE.
LICENSE
1. GRANT OF LICENSE.
This EULA grants you the following rights:
a) You may install and use only one copy of the SOFTWARE at any given time.
The SOFTWARE package known as FPS Utility, FPS Utility Pro, may be installed on any and all Palm Computing Platform devices, owned personally by One (1) individual. This amendment does not extend to company, commercial or corporate entities. They each must seek and obtain a seperate site license.
b) You may not reproduce or distribute copies of the SOFTWARE.
c) Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
d) The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.
e) You may transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
f) Without prejudice to any other rights, FPS, LLC may terminate this EULA if you fail to comply with the terms and conditions herein. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
2. COPYRIGHT.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the SOFTWARE, the accompanying printed materials, and any copies of the SOFTWARE are owned by FPS, LLC.
3. LIMITED WARRANTY.
a) NO WARRANTIES.
FPS, LLC expressly disclaims any warranty for the SOFTWARE. The SOFTWARE is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE remains with you.
b) NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
In no event shall FPS, LLC or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE even if FPS, LLC has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
c) NO LIABILITY FOR ERRORS OR OMISSION.
FPS, LLC expressly disclaims any liability for errors or omissions in the content of the SOFTWARE.
4. RESERVATIONS.
All rights to the SOFTWARE not expressly granted herein are reserved by FPS, LLC.
5. JURISDICTION.
If you acquired this product in the United States, this EULA is governed by the laws of the State of Ohio. If this product was acquired outside the United States, then local laws may apply.
Should you have any questions concerning this EULA, or if you desire to contact FPS, LLC for any reason, please write or e-mail FPS, LLC at info@fps.com.