in the Air
INTERNATIONAL SOFTWARE, INC. END
USER SOFTWARE LICENSE AGREEMENT
PLEASE CAREFULLY READ THE
FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING DELPHI
INTERNATIONAL SOFTWARE: BY INSTALLING, COPYING, DOWNLOADING,
ACCESSING OR OTHERWISE USING DELPHI INTERNATIONAL SOFTWARE,
YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL
OR USE THE SOFTWARE. ANY SOFTWARE PROVIDED ALONG WITH THE
SOFTWARE THAT IS ASSOCIATED WITH A SEPARATE END-USER LICENSE
AGREEMENT IS LICENSED TO YOU UNDER THE TERMS OF THAT LICENSE
DELPHI INTERNATIONAL provides
this Software and licenses, not sells, its use to you, the
licensee, pursuant to the following terms. (References to
"you" mean the licensee, references to
"DELPHI" mean Delphi International Software, Inc.,
references to the "Software" mean the software
programs, including original graphic designs, multimedia
animations, movies, videos, graphical user interface
navigation design, 3D geo-spatial models, and any other
enhancements to the software which you hereafter may acquire
from DELPHI unless such acquisition is subject to another
written license agreement.
You assume responsibility for
the selection of the Software to achieve your intended
results. Further, you are responsible for the installation,
use and results obtained from the Software.
DELPHI grants to you a
nonexclusive and royalty-free license, subject to
these sections (1) through (7) and the other
to use (if applicable)
to publicly display the Software in an interactive
computer exhibit in the Visitors Centers of Lassen
Volcanic, Yosemite, and Sequoia/Kings Canyon National
to use on computers at
the Visitors Centers of Lassen Volcanic, Yosemite, and
Sequoia/Kings Canyon National Parks the Software
included in the medium of this package; and
To use (if applicable)
to publicly display the Software on a National Park
Service Naturenet web site as designated by the Air
Resources Division of the National Park Service; and
You may not rent,
sublicense, assign, or otherwise transfer the Software
to any third party.
You agree not to reproduce,
modify, make derivative works of, reverse engineer,
decompile, disassemble, or attempt to derive the
source code of the Software. You may not copy
the Software except as necessary to use it on
computers described in section (1) above or for backup
purposes. You agree that any such copies of the
Software shall contain the same proprietary notices or
legends placed on or within the Software. Without Delphi’s prior written permission, you shall not
excerpt modular sections of the Software for
separate public display on computers for exhibit
purposes or other uses.
may not market or distribute any product that
materially emulates the functionality of the Software.
Title to and ownership
of the Software, related documentation and any
reproduction thereof shall remain with DELPHI and its
suppliers and the trademarks are the property of such
trademark owners. Except as stated in section (1)
above, this Agreement does not grant to you any right
(whenever by license, ownership or otherwise) in or to
patents, copyrights, trade secrets, trade names,
trademarks or any other intellectual property right
with respect to the Software.
You will not export or
re-export the Software without the appropriate United
States or foreign government licenses.
You agree to use the
Software only as authorized in this License Agreement.
Delphi’s prior written permission to the contrary, a
valid license must be purchased to use and publicly
display the Software in any location other than as
permitted by this License Agreement.
Delphi reserves all rights not expressly granted to
you. Your adherence to this License Agreement
will allow Delphi International Software, Inc. to
continue developing innovative and useful products and
providing a high level of customer service and
THE SOFTWARE IS COPYRIGHTED
AND, EXCEPT AS PERMITTED BY THIS AGREEMENT, YOU MAY NOT
DUPLICATE THE SOFTWARE OR DISCLOSE IT TO ANY OTHER PARTY.
This Agreement is effective
upon the date you acquire the Software; breaking the seal on
the package containing the Software; installing or
manipulating the Software on any computer hardware, and
shall remain in force until terminated. You may terminate it
voluntarily at any time by removing the Software from public
display and destroying the original Software and all copies.
DELPHI may terminate this Agreement without notice upon your
failure to abide by this Agreement. All provisions of this
Agreement relating to disclaimers of warranties, limitation
of liability, remedies, or damage, and DELPHI's proprietary
rights shall survive termination.
DELPHI warrants to you
that each medium contained in this package (e.g.
CD-ROM, DVD) is free from defects in materials and
workmanship and also warrants that it will replace any
defective medium at no charge to you, if any such
defective medium is returned to DELPHI within ninety
(90) days. (Any such return should be made to DELPHI
at the address on this Agreement, "Attention:
Software Marketing", together with a written
notification of the defect.)
YOU AGREE THAT THE
SOFTWARE IS PROVIDED AND LICENSED "AS IS."
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
DELPHI AND ITS SUPPLIERS DISCLAIM ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT,
WITH REGARD TO THE SOFTWARE. YOU BEAR THE ENTIRE RISK
RELATING TO THE QUALITY OF THE SOFTWARE AND, IF THE
SOFTWARE PROVES TO HAVE ANY DEFECTS, YOU ASSUME THE
COST OF ANY NECESSARY SERVICING OR REPAIRS.
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DELPHI OR ITS
SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFIT,
INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND) REGARDLESS
OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF
DELPHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notice to Government End
The Software is a
"commercial item," as that term defined at 48
C.F.R. 2.101 (Oct 1995), consisting of "commercial
computer software" and "commercial computer
software documentation," as such terms are used in 48
C.F.R. 12.212 (Sept 1995). Consistent with 48 C.F.R. 12.212
and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
U.S. Government end users acquire the Software with only
those rights set forth herein.
THIS AGREEMENT SHALL BE
CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE STATE