RECONYX Professional Settings End User License agreement
1. License Grant.
1.1 RECONYX, LLP ("Licensor") hereby grants to you, and you accept, a non-exclusive license to use, only as authorized in this License Agreement, the Professional Settings computer programs and related help files that are about to be installed on this computer (together, the "Program").
1.2 You may not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement.
1.3 After installing the Program, you may retain the original installation files (and/or CD-ROMs) for the purpose of backup in the event that you have to reinstall the Program at some later date. Any such copies of the Program shall include Licensor's copyright and other proprietary notices.
1.4 Except as authorized in this Agreement, you may not use, copy, modify, merge, or transfer the Program or copies of it.
2. Licensor's Rights. Licensor owns, or has licensed from the owner, all components of the Program. They are protected under U.S. copyright law and trade secret laws. All right, title, and interest in and to the Program shall remain with Licensor. This License Agreement does not convey to you any interest in or to the Program, but only a limited right of use which may terminate in accordance with the terms of this License Agreement. You agree that, without Licensor's written consent, you, your employees, or your agents shall not attempt to "reverse compile", reverse engineer, decompile, or otherwise derive the source code of the Program.
3. License fees.
3.1 The price you paid for purchasing a Reconyx digital wildlife camera included a license fee paid in consideration of the license granted under this License Agreement.
4. Term. This License Agreement is effective upon installation of the Program and shall continue until terminated. You may terminate this License Agreement at any time by uninstalling the Program and deleting and/or destroying any and all copies of it. The Licensor may terminate this License Agreement upon your breach of any of its terms. Upon such termination by the Licensor, you agree to uninstall the program and delete and/or destroy any and all copies of it.
5. Warranty. The Program is licensed "as is," and the Licensor disclaims any and all warranties, whether express or implied, including (without limitation) any implied warranties of merchantability or fitness for a particular purpose.
6. Limitation of Liability. The Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed one quarter of the price paid for a Reconyx camera (with which this Program was bundled). Furthermore, the Licensor shall not be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits that result from the use of the Program.
7. Governing Law. This License Agreement shall be construed and governed in accordance with the laws of the State of Wisconsin.
8. Severability. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms.
9. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.