DC-3 Dreams Legal Info
- Site Copyrights
- Links Are Not Endorsements
- Privacy Statement
- Evaluation of Software
- ACP End User License Agreement
- The content is used for non-commercial purposes only
- Copyright information is displayed (Copyright © 1999-2006, Robert B. Denny, Mesa, AZ, All Rights Reserved.)
- The content is not modified
If you have any questions, please contact Bob Denny.
The resources that can be accessed with hyperlinks from DC-3 Dreams web sites are not maintained by DC-3 Dreams and thus DC-3 Dreams is not (and cannot) be responsible for the contents of any such resources. The existence of a link does not imply an endorsement of the content of any linked page.
Information You Supply to Us
When we ask for information through the use of an online form or through any other means such as phone, fax or mail, we will keep your information private. We must collect this information in order to process and fulfill your order. We maintain the information you provide (other than credit card information) to evidence that you have purchased a product and are a registered user. Product upgrade pricing and some special offers are only available to registered users. Telephone technical support is only available to registered users.
DC-3 Dreams does not sell or otherwise give away your private information to any third party. We may provide name and address information to our subcontractors to assist us in providing you with:
- Upgrade notices
- Informational newsletters
- Notices of special offers
We require that the subcontractor agree that it will only use the information as specified by DC-3 Dreams. The subcontractor may not sell, give away or otherwise use the information. The information must be destroyed or returned to us when the subcontract is completed.
IMPORTANT: This agreement (the Agreement) is a legal agreement between you and Robert B. Denny (the Licensor) for this software, including the Software and any associated media and documentation (the Software). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement, immediately return the unused Software to the vendor for a full refund.
LICENSE GRANTThis Software is licensed, not sold. The Software is the property of Licensor and is protected by copyright law. Licensor grants you a non-exclusive and non-transferable license to use the Software and accompanying documentation, subject to the limitations below.
GENERAL LIMITATIONS ON USE:
- You may use this software on a single personal computer.
- You may not transfer this Software to a third party.
- You may not disclose any authorization code(s) provided by Licensor for your use to a third party. Such disclosure shall be considered a transfer of the software itself.
- You may not sublicense, share, rent or lease all or any portion of the Software.
- You may not reverse engineer, decompile, disassemble, modify, translate, or create derivative works from the Software.
- You may not bypass any facilities used by the Software to provide limited-time and/or limited-function operation of the Software.
- You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software, or in copies you have made of the Software.
LIMITATIONS ON INTERNET FEATURES:Depending on the specific license you purchased, there are varying limitations on usage of the services provided by the Software's internet (browser/web) access features:
- Basic License - You are permitted to connect to the Software's web and FTP servers from a web browser or FTP client running on the same computer as the Software only. You may not allow access to such services from any other computer, even on a so-called "local" network.
- Personal Internet License - You must be a private individual. Usage of the Software's internet services is limited to (a) you, (b) other amateur astronomers with whom you collaborate, and (c) students of accredited educational institutions who wish to use your observatory. You must not be an educational or institution or commercial entity. You are prohibited from receiving compensation in any form (monies, barter, etc.) for the use of your observatory via the Software's internet services.
- Educational Internet License - You must be a bona fide accredited educational institution including but not limited to K-12 district or private schools, community colleges, accredited trade schools, and universities. You are prohibited from receiving compensation in any form (monies, barter, etc.) for the use of your observatory via the Software's internet services.
- Commercial Internet License - You may receive compensation for the use of your observatory via the services provided by the Software's internet services. Such use shall be royalty-free; no compensation is due Licensor for commercial use.
TITLETitle, ownership rights, and intellectual property rights in the Software and Documentation shall remain with Licensor and/or its suppliers. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Licensor's or its suppliers' ownership of or rights with respect to the Software. The Software is protected by copyright and other intellectual property laws and by international treaties.
EQUITABLE RELIEFCustomer acknowledges and agrees that due to the unique nature of the Software and Proprietary Information, there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach may allow you or third parties to unfairly compete with Licensor, resulting in irreparable harm to Licensor, and therefore, that upon any such breach or threat thereof, Licensor shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law.
TERMINATIONIf you fail to comply with the terms of this Agreement, Licensor may terminate the Agreement at its discretion. Upon termination, you must return or destroy all copies of the Software including all of its component parts. This does not restrict the rights of Licensor to other remedies.
LIMITED WARRANTYLicensor does not warrant that the software in this Software will be defect-free or meet your requirements. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. This warranty gives you specific rights. You may have other rights which vary from jurisdiction to jurisdiction.
LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIESThe Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
MISCELLANEOUSThis Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Maricopa County, Arizona, with the losing party paying all costs of arbitration. This Agreement shall be governed by Arizona law, excluding conflict of law provisions (except to the extent applicable law, if any, provides otherwise). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Should you wish to contact Licensor, you may do so at firstname.lastname@example.org.
U.S. GOVERNMENT END USERSThe Software is a "commercial item," as that term is defined in 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.
Copyright © 2000-2013, Robert B. Denny of Mesa, Arizona. All rights reserved.