This is a legal agreement between you, SpaceWx.com, and W. Kent Tobiska (‘Tobiska’) covering your use of the Solar Irradiance Platform (SIP, SOLAR2000). Be sure to read the following agreement before using the software. By installing or using the software, you indicate your unconditional acceptance of the terms of this agreement. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF IT.
The copyrighted SIP software is distributed by Space Environment Technologies (SET) and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material (e.g. a book or musical recording).
Commercial distribution of the software is prohibited without permission of SET/SpaceWx. We are more than happy to allow you to distribute our software, but you must first have a distribution license to do so. Contact SpaceWx.com for details on obtaining a distribution license.
You may not rent, lease, or sell the software to third parties, nor may you modify, adapt, translate, reverse engineer, decompile, or disassemble the software. If you violate any part of this agreement, your right to use this software terminates automatically and you then must destroy all copies of this software in your possession.
The software and related documentation are provided ‘AS IS’ and without warranty of any kind. SPACE ENVIRONMENT TECHNOLOGIES, SPACEWX.COM, AND TOBISKA EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY SPACEWX.COM OR TOBISKA, THEIR AGENTS, DISTRIBUTORS, OR EMPLOYEES, SHALL NOT IN ANY WAY BE CONSTRUED AS GRANTING OR CREATING A WARRANTY. UNDER NO CIRCUMSTANCES SHALL SPACEWX.COM OR TOBISKA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, INFORMATION, OR GOODWILL) THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION , EVEN IF SPACEWX.COM OR TOBISKA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement shall be governed by the laws of the State of Maryland. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
If you are a U.S. Government user, the software and documentation is provided with RESTRICTED RIGHTS as defined in Federal Acquisition Regulation 52.227.14. Use, duplication, or disclosure by the all users is subject to the restrictions above. The manufacturer is SpaceWx.com.
All rights of SET/SpaceWx may be exercised or enforced.
