Triton TritonNav - Manual (Page 3)

SOFTWARE LICENSE AGREEMENT
By opening this package, you agree to be bound by the terms of
this Agreement, which include the software license and the lim-
ited warranty. This Agreement applies to you and any subse-
quent licensee of this software program. If you do not accept or
agree to the terms of this Agreement, do not open this sealed
package. Promptly return the unopened package to TRITON
ELICS for a refund. However, no refund or replacement will be
given if the sealed envelope containing the SOFTWARE Senti-
nel and Manual has been opened or if any of the components of
the product (including the software sentinel) are missing. Grant
of license for the software product and full title and ownership
of the hardware product shall not transfer to the Buyer until the
purchase price, plus any interest or fees resulting from late pay-
ments or pre-arranged terms, has been received in full by the
Seller.
1. GRANT OF LICENSE: TRITON ELICS grants you the right
to use the enclosed TRITON ELICS software product in the
manner provided below.
YOU MAY:
• Use one copy of the TRITON ELICS software products iden-
tified above on a single computer.
• Make one (1) copy of the program in machine-readable form
solely for backup purposes, provided that you reproduce all
proprietary notices.
• Transfer the SOFTWARE and user documentation on a per-
manent basis provided you retain no copies and the recipient
agrees to the terms of this Agreement.
YOU MAY NOT:
• Reverse engineer, decompile, modify or disassemble the
SOFTWARE except to the extent such foregoing restriction is
expressly prohibited by applicable law.
• Remove any proprietary notices, labels, or marks on the pro-
gram, documentation, or program disk.
2. UPGRADES. SOFTWARE and documentation upgrades are
provided free of charge for one year from the date of shipment.
If the SOFTWARE is an upgrade, you may use or transfer the
SOFTWARE only in conjunction with upgraded product. You
may use that upgraded product only in accordance with this
License.
3. COPYRIGHT. The SOFTWARE (including any images,
“applets,” animations, video, audio, music, and text incorpo-
rated into the SOFTWARE) is owned by TRITON ELICS and is
protected by United States copyright laws and international
treaty provisions.
4. TECHNICAL SUPPORT. Technical Support is available by
phone, fax, modem, Triton Elics bulletin board service or Inter-
net free of charge during warranty period. MARISAT charges
are invoiced at cost plus twenty percent.
5. EXPORT RESTRICTIONS. You agree that neither you nor
your customers intends to or will, directly or indirectly, export
or transmit the SOFTWARE or related documentation and
technical data to any country to which such export or transmis-
sion is restricted by any applicable U.S. regulation or statute,
without the prior written consent, if required, of the Bureau of
Export Administration of the U.S. Department of Commerce, or
such other governmental entity as may have jurisdiction over
such export or transmission.
LIMITED WARRANTY
TRITON ELICS warrants that (a) the SOFTWARE will per-
form substantially in accordance with the accompanying writ-
ten materials for a period of one (1) year from the date of
shipment and (b) any hardware accompanying the SOFTWARE
will be free from defects in materials and workmanship under
normal use and service for a period of one (1) year from date of
shipment.
CUSTOMER REMEDIES. TRITON ELICS’s entire liability
and your exclusive remedy shall be, at TRITON ELICS’s
option, repair or replacement of the SOFTWARE or hardware
that does not meet TRITON ELICS’s Limited Warranty. War-
ranty service is F.O.B. TRITON ELICS’s Watsonville facility.
All shipping and insurance costs are paid by buyer. On-site Cus-
tomer Service and Warranty Repair (including travel hours,
transportation, lodging and meals) may be provided by TRI-
TON ELICS, at its own discretion, to Buyer at cost plus twenty
percent. However, actual labor hours to provide this service or
repair will be free of charge to Buyer. This Limited Warranty is
void if failure of the SOFTWARE or hardware has resulted
from accident, abuse, or misapplication. Any replacement
SOFTWARE or hardware will be warranted for the remainder
of the original warranty period or thirty (30) days, whichever is
longer.
NO OTHER WARRANTIES. Except for the above express lim-
ited warranties, TRITON ELICS makes no warranties,
expressed, implied, statutory, or in any communication with
you, and TRITON ELICS specifically disclaims any implied
warranty of merchantability or fitness for a particular purpose.
TRITON ELICS does not warrant that the operation of the pro-
gram will be uninterrupted or error free. Some states/jurisdic-
tions do not allow the exclusion of implied warranties, so the
above exclusions may not apply to you. This limited warranty
gives you specific legal rights. You may have others, which vary
from state/jurisdiction to state/jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the
maximum extent permitted by applicable law, in no event shall
TRITON ELICS be liable for any damages whatsoever (includ-
ing, 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 this
TRITON ELICS product, even if TRITON ELICS 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.
U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFT-
WARE and documentation are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government is
subject to restrictions as set forth in subparagraph (c) (1) and
(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2)
of the Commercial Computer Software—Restricted Rights at 48
CFR 52.227-19, as applicable. Manufacturer is Triton Elics
International, Inc., 125 Westridge Drive, Watsonville, CA
95076. If you acquired this product in the United States, this
Agreement is governed by the laws of California. If this product
was acquired outside the United States, then local law may
apply.
TRITON ELICS INTERNATIONAL
SOFTWARE LICENSE AGREEMENT AND LIMITED WARRANTY