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Copyright
Information and License:
The
use of this website and included materials are subject to Terms
of Use. These can be viewed at the Cybernet
Systems Website.
Cybernet™ Systems
Corporation SDK License Agreement for OpenSkies software: BEFORE
ACCEPTING THIS SOFTWARE AND MATERIALS, CAREFULLY READ THE TERMS
AND CONDITIONS OF THIS LICENSE AGREEMENT. BY
ACCEPTING THIS SOFTWARE AND MATERIALS, YOU ARE CONSENTING TO
BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
LICENSE AGREEMENT, DESTROY OR ERASE THE SOFTWARE AND
MATERIALS.
1. Cybernet™ Systems Corporation ("Cybernet") grants
to you a non-exclusive, non-sublicensable,
license to use this version of a Cybernet Software Development
Kit (the"SDK Software" or "Software"), in source
code and/or binary executable form for
evaluation, software testing, PC game development, simulation
or engineering design
software applications only (the "License"). This License
includes non-exclusive rights to
use the SDK Software and supporting Cybernet copyrights and
patents subject to
restrictions described above and elsewhere in this License Agreement.
2.
You may make copies of the SDK Software as reasonably necessary
for employees
whose job duties require them to use the Software, provided such
use is limited to the
permitted uses in this License. In order to develop applications
software (subject to
restrictions described in this License Agreement) you may use,
copy, modify, incorporate
into, compile/link in combination with your own programs, and
distribute (in object code
form only) solely with your own programs, the SDK Software, provided
that you
reproduce on each copy a Cybernet copyright notice and any other
proprietary legends
that were on the original Software as distributed, include on
external material the
acknowledgment in quotation below in 8 point font or larger,
and distribute such SDK
Software pursuant to a valid agreement that is at least as protective
of Cybernet’s rights
in the SDK Software as is this Agreement. Except as expressly
permitted in this License,
you may not make any use of the software which would violate
Cybernet’s
rights under
copyright law including but not limited to incorporating
this Software into another
software development kit, into an operating system, or into firmware
(firmware is defined
as embedded software incorporated into hardware device), and
you may not decompile,
reverse engineer, disassemble, modify, rent, lease, loan, sublicense,
transmit over a
network or from one computer to another, or distribute or create
derivative works based
upon the SDK Software in whole or in part. Your rights under
this License will terminate
automatically without notice from Cybernet if you fail to comply
with any terms(s) of
this License.
3.
CYBERNET MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF
THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE
ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS
PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES,
INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. THIS SOFTWARE IS
PROVIDED GRATUITOUSLY AND, ACCORDINGLY, CYBERNET SHALL NOT
BE LIABLE UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR
ANY USER OF THE SOFTWARE. CYBERNET DOES NOT GUARANTEE TO SUPPORT THIS
SOFTWARE AND IS NOT BOUND TO ISSUE UPDATES TO THIS
SOFTWARE.
4.
While Cybernet intends to distribute subsequent releases of the
Software, Cybernet reserves the right at any time not to release
a new commercial release of the Software or,
if released, to alter prices, features, specifications, capabilities,
functions, licensing terms,
release dates, general availability or other characteristics of the
commercial release.
5.
Title, ownership rights, and intellectual property rights in
and to the Software shall remain in Cybernet and/or its suppliers.
You agree to abide by the patent and copyright
law and all other applicable laws of the United States including,
but not limited to, export
control laws. You acknowledge that the Software in source code
form remains a
confidential trade secret of Cybernet and/or its suppliers and
therefore you agree not to
modify the Software or attempt to decipher, decompile, disassemble
or reverse engineer
the Software, except to the extent applicable laws specifically
prohibit such restriction.
6.
Cybernet may terminate this License at any time by delivering
notice to you and you
may terminate this License at any time by destroying or erasing
all copies of the Software
in your possession or control. Upon termination of this License
by Cybernet, you agree
to destroy or erase all copies of the Software. In the event
of termination, the following
sections of this License will survive: 3, 4, 5, 6, 7 and 8. This
License is personal to you
and you agree not to assign your rights herein. This License
shall be governed by and
construed in accordance with the laws of the State of Michigan
and, as to matters
affecting copyrights, trademarks and patents, by US Federal law.
This License does not
supercede other agreements between Cybernet and you that may
include Nondisclosure
Agreements, Software Source Code Licensing Agreements, other
agreements unless
specifically agreed to by you and Cybernet in writing.
7.
Use, duplication or disclosure by the Government is subject to
restrictions set forth in
subparagraphs (a) through (d) of the Commercial Computer-Restricted
Rights clause at
FAR 52.227-19 when applicable, or in subparagraph (c) (1) (ii)
of the Rights in Technical
Data and Computer Software clause at DFARS 252.227- 7013, and
in similar clauses in
the NASA AR Supplement. Contractor/manufacturer is Cybernet Systems
Corporation,
727 Airport Boulevard., Ann Arbor, Michigan 48108, USA.
8.
You may not download or otherwise export or re-export the Software
or any underlying information or technology except in full compliance
with all United States
and other applicable laws and regulations. In particular, but
without limitation, none of
the Software or underlying information or technology may be downloaded
or otherwise
exported or re-exported to anyone on the US Treasury Department's
list of Specially
Designated Nationals or the US Commerce Department's Table of
Deny Orders. You are
solely responsible for compliance with any import or use restriction
in your country. By
downloading the Software, you are agreeing to the foregoing and
you are representing
and warranting that you are not located in, under control of,
or a national or resident of
any such country or on any such list.
9.
CYBERNET OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (a) INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY
SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EVEN
IF
CYBERNET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b)
FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO THE EXTENT THAT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY
NOT APPLY TO YOU.
In
no event shall Cybernet’s
total liability to you for all damages, losses, and causes of
action (whether in contract, tort, including negligence, or otherwise)
exceed $1. Cybernet
Systems Corporation, Cybernet Systems, Cybernet, OpenSkies, Edge
of Extinction, and
CybernetRTI are trademarks of Cybernet Systems Corporation. Copyright
(c) 1999-2007 Cybernet Systems Corporation. All rights
reserved.
All
OpenSkies materials are copyright, Cybernet Systems Corp.
Copyright Notice and License |
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