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SEAPerch in the backyard Download Agreement
The requested software has specific conditions of use. The following information applies to your use of the software made available to you through this web site.
Last Updated: November 17, 2004
This license governs use of the accompanying download (“Download”), and your use of the Download constitutes acceptance of this license.
Subject to the restrictions below, you may use the Download for any commercial or noncommercial purpose.
In return, we require that you agree:
- Not to remove any copyright or other notices from the Download (if applicable).
- That you are not allowed to combine or distribute the Download with other Objects that are licensed under terms that seek to require that the Download (or any intellectual property in it) be licensed to others to allow the creation or distribution of derivative works, or distributed without charge.
- With the exception of (1) that you will
- not use SEAPerch.org and its Associates name, logo, or trademarks in association with any use of the Download unless otherwise permitted in writing;
- display your own valid copyright notice which must be sufficient to protect SEAPerch.org's copyright in the Download (if applicable); and
- indemnify, hold harmless, and defend SEAPerch.org and its Associates from and against any claims or lawsuits, including attorneys’ fees, that arise or result from the use or distribution of your modifications to the Download and any additional download you distribute along with the Download.
- That the Download comes "as is", with no warranties. None whatsoever. This means no express, implied or statutory warranty, including without limitation, warranties of merchantability or fitness for a particular purpose or any warranty of title or non-infringement. Also, you must pass this disclaimer on whenever you distribute the Download or derivative works.
- That neither SEAPerch.org nor its suppliers or Associates will be liable for any of those types of damages known as indirect, special, consequential, or incidental related to the Download or this license, to the maximum extent the law permits, no matter what legal theory it’s based on. Also, you must pass this limitation of liability on whenever you distribute the Download or derivative works.
- That if you sue anyone over patents that you think may apply to the Software for a person's use of the Software, your license to the Software ends automatically.
- That the patent rights, if any, granted in this license only apply to the Download, not to any derivative works you make.
- That the Software is subject to U.S. export jurisdiction at the time it is licensed to you, and it may be subject to additional export or import laws in other places. You agree to comply with all such laws and regulations that may apply to the Software after delivery of the software to you.
- That if you are an agency of the U.S. Government, (i) Download(s) provided pursuant to a solicitation issued on or after December 1, 1995, is provided with the commercial license rights set forth in this license, and (ii) Download(s) provided pursuant to a solicitation issued prior to December 1, 1995, is provided with “Restricted Rights” as set forth in FAR, 48 C.F.R. 52.227-14 (June 1987) or DFAR, 48 C.F.R. 252.227-7013 (Oct 1988), as applicable.
- That your rights under this license end automatically if you breach it in any way.
- That this license contains the only rights associated with the Download and SEAPerch.org and its Associates reserves all rights not expressly granted to you in this license
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