STRATEGIC FISHING SYSTEMS, LLC
END-USER SOFTWARE LICENSE AGREEMENT (“EULA”)
PLEASE READ THIS DOCUMENT CAREFULLY. BY USING THE SFS SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PROMPTLY DELETE OR RETURN THE SOFTWARE.
While effort was made to ensure the accuracy of the results produced by the SFS Software, there is NO WARRANTY, expressed or implied, for the accuracy or applicability of the results generated by the SFS Software to your particular situation and locations of depth contours, depth points, markers, rocks and other hazards are not guaranteed. THE SFS SOFTWARE IS NOT INTENDED FOR NAVIGATIONAL PURPOSES. Latitude-Longitude coordinates computed with SFS Software are deemed reliable but are not guaranteed. Points transferred by the SFS Software to GPS devices are dependent upon the selective availability of GPS satellite accuracy.
1. License. The computer software "SFS Software" is not being sold and purchased, but is being licensed to you by Strategic Fishing Systems, LLC ("Grantor") under a personal, nonexclusive, nontransferable (except as set forth herein), and paid-up license for use only under the terms of this EULA, and Grantor reserves any rights with respect to the SFS Software not expressly granted to you herein. Under the terms of this EULA, you own the media on which the SFS Software is recorded, but Grantor retains all rights of ownership to the SFS Software (except with respect to the Third Party Software and Database components thereof). This EULA shall be governed by the laws of the state of Wisconsin.
2. This EULA entitles you to:
(a) Use the SFS Software on one computer at a time, by one user at a time. If such computer is accessible by multiple users or other computers, you must purchase additional licenses for each user.
(b) Transfer your rights under this EULA for the SFS Software, provided that you do not retain any copies, digital or otherwise of the SFS Software, you provide the SFS Software and all accompanying documentation to the transferee, and the transferee shall read and accept all of the terms and conditions of this EULA.
(c) Terminate the license and your rights under this EULA by destroying all copies of the SFS Software, removing all portions of the SFS Software from the user’s hard drive and or returning all copies of the SFS Software to Grantor.
3. Restrictions. Subject to the provisions of federal law, you expressly agree you will not:
(a) Make or distribute copies of the SFS Software in any form, directly or indirectly, without prior written agreement with Grantor.
(b) Reverse engineer, dissemble, decompile, or otherwise reduce the SFS Software to human perceptible form or otherwise attempt to recreate the source code (except as may be allowed with respect to the Third Party Software components of the SFS Software and as set forth in the third party licenses).
(c) Modify, adapt, sublicense, lend, loan, rent, lease or, except for the limited transfer rights set forth in 2(b) above, transfer the SFS Software, electronically or otherwise.
(d) Create any derivative work or incorporate the SFS Software in any other work.
(e) Remove or in any way alter or obscure any copyright notice or other notice of proprietary rights of Grantor.
(f) Use the SFS Software on more than one computer by more than one user at a time.
4. Severability and Termination. If a court finds any part of this EULA unenforceable, it shall be limited only to the extent necessary to make it enforceable, without otherwise effecting the EULA. This EULA shall remain in effect until terminated. The EULA will be terminated immediately and without notice by your failure to comply with any of the provisions of this EULA. Upon termination, you shall be entitled to retain the disk but must destroy the SFS Software and all copies thereof. You may terminate this EULA at your own discretion at any time by destroying the SFS Software and all copies or returning the same to Grantor.
5. Warranty, Disclaimer and Limitation of Liability. Grantor warrants that the media on which the SFS Software has been encoded is free from original workmanship defect at the time of such encoding. The sole obligation of Grantor in the event of a claim under the foregoing warranty will be to correct or provide a replacement copy of the SFS Software upon receipt by Grantor of the SFS Software package prepaid and upon confirmation of such defect.
GRANTOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE SFS SOFTWARE AND DOCUMENTATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE, AND WARRANTIES OF PERFORMANCE, WARRANTIES OF NON-INFRINGEMENT AND ANY WARRANTY THAT MIGHT OTHERWISE ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. The SFS Software is licensed in "as is" condition. Some states restrict the right to exclude certain warranties, therefore the rights that you may have may vary from state to state.
In no event will Grantor be liable in monetary damages, whether Direct, Indirect, incidental, consequential or otherwise, arising out of the use of the Software or in connection with a breach of the foregoing warranty, irrespective of whether Grantor shall have been informed of the possibility of such damages. YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF the FOREGOING WARRANTY IS THE CORRECTION oR REPLACEMENT (at grantor’s sole option) of the sfs software. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, such limitation may not apply to you.
6. Hardware and Peripheral Software. You assume full responsibility for the selection, installation, functionality and use of the computer hardware and operating system which is owned or leased by you and on which the SFS Software will be installed and any and all peripheral software used with or in connection with the SFS Software to achieve intended results and the
7. Integration. You acknowledge that you have read this EULA, understand it and that it is the complete and exclusive statement of your agreement with Grantor which supersedes any prior agreement, oral or written, between Grantor and you. No variation of the terms of this EULA will be enforceable against Grantor.
8. Third Party Database. You acknowledge that the database component of the SFS Software is licensed by Grantor under a separate agreement with Waypoint Technologies, Inc. (“Waypoint”). The Database is a valuable asset and trade secret of Waypoint and Waypoint retains the sole and exclusive rights of ownership to the Database. NEITHER GRANTOR NOR WAYPOINT MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE DATABASE. THE DATABASE IS PROVIDED "AS-IS," WITHOUT WARRANTIES OF ANY KIND BY GRANTOR OR WAYPOINT. IN NO EVENT WILL GRANTOR OR WAYPOINT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE DATABASE EVEN IF GRANTOR OR WAYPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. In the event a bug or other failure in the Database causes the SFS Software to fail to materially conform to its then current documentation, Grantor will correct the problem to the same extent as a failure in the SFS Software. No limitation in the license governing Grantor’s use of the Database shall limit your ability to use the SFS Software as permitted under this EULA.
9. Third Party Software. You acknowledge that certain components of the SFS Software is licensed from third parties (the “Third Party Software”) pursuant to separate third party software licenses. You acknowledge that your rights with respect to the Third Party Software component of the SFS Software are governed by the third party licenses and you agree to comply with the terms and conditions of the applicable third party licenses associated with the Third Party Software. Your use of the SFS Software shall be deemed your acceptance of the third party licenses. All relevant licenses and other required information with respect to Third Party Software can be found at https://www.strategicfishingsystems.com/about/thirdparty.html. GRANTOR MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY SOFTWARE. ALL THIRD PARTY SOFTWARE IS PROVIDED "AS-IS," WITHOUT WARRANTIES OF ANY KIND BY GRANTOR. IN NO EVENT WILL GRANTOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE THIRD PARTY SOFTWARE, EVEN IF GRANTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. In the event a bug or other failure in the Third Party Software causes the SFS Software to fail to materially conform to its then current documentation, Grantor will correct the problem to the same extent as a failure in the SFS Software. No limitation in any license governing use of the Third Party Software shall limit your ability to use the SFS Software as permitted under this EULA. In the event of a claim alleging the Third Party Software infringes the intellectual property rights of any third party and Grantor, in its discretion, elects to provide a defense for the benefit of our licensees, you will be included in the defense at no additional charge.
All rights reserved under the copyright laws of the United States. STRATEGIC FISHING SYSTEMS, LLC, a Wisconsin limited liability company, whose mailing address is P.O. Box 5485, Madison, Wisconsin 53705-0485. Copyright (c) STRATEGIC FISHING SYSTEMS, LLC, a Wisconsin Corporation, 2010. All rights reserved.
None of the foregoing material may be copied, duplicated or disclosed without the express written permission of STRATEGIC FISHING SYSTEMS, LLC.