LICENSE AGREEMENT

THIS LICENSE AGREEMENT ("LICENSE" OR "AGREEMENT") IS AN AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND THE OWNER OF THE SOFTWARE ("LICENSOR") FOR THE USE OF EISMATE(TM) SOFTWARE ("SOFTWARE"). BY INSTALLING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, WHICH COVERS YOUR USE OF THE SOFTWARE AND RELATED SOFTWARE COMPONENTS, WHICH MAY INCLUDE PRINTED MATERIALS AND "ONLINE" OR ELECTRONIC DOCUMENTATION.
1. License. Subject to the terms of this Agreement and full payment of the applicable license fees, Licensor hereby grants You a limited, non-exclusive, non-assignable, non-sublicensable license to install, use and copy the Software to provide a single installation of the EISMate(TM) Software. All rights not expressly granted to You herein are retained by Licensor.
2. Copies. Except as provided in this Section 2, a separate license is required for each additional installation of the Software. You may make a reasonable number of copies of the Software solely for emergency back-up, testing or archival purposes. Further, You may load the Software onto another computing device owned and operated by You on a "spare" basis to be used only as follows: you may only operate or cause to be operational one instance of the Software at any time for each executed instance of this License.
3. Notices. (None except as specified in this License)
4. License Restrictions. You may not: (a) reproduce or distribute all or any portion of the Software to any third party; (b) remove any proprietary notices from the Software or any copy thereof; (c) sell, assign, rent, transfer, distribute, act as a service bureau, or grant rights in the Software to any other person without the prior written consent of Licensor; (d) export or reexport the Software (e) use the Software in violation of any applicable law, regulation or ordinance.
5. Copyright; Proprietary Rights. The Software is All Rights Reserved © 2004 Robert Bittner and is protected by United States and international copyright laws. Except for the limited license granted to You, Licensor reserves all right, title and interest to the Software and all associated documentation, as well as the EISMate(TM) logos and trademarks (collectively, "EISMate(TM) Marks"). Title to and ownership of the Software and EISMate(TM) Marks, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of Licensor and its suppliers. You shall not take any action to jeopardize, limit or interfere with Licensor's ownership of and rights with respect to the Software and/or EISMate(TM) Marks. You acknowledge that any unauthorized copying or use of the Software and/or EISMate(TM) Marks is a breach of this License.
6. Installation. You are responsible for installation of the Software.
7. Updates and maintenance. You are entitled by this License to any updates to the Software which are made generally available for a period of one year from the date of execution of this License. Licensor is not obligated to provide updates, enhancements, or corrective maintenance to the Software beyond what is otherwise generally available during the year following execution of this License. Licensor is not obligated to provide training, maintenance or support of any kind for the Software.
8. Modifications to the Software. You may not alter, modify, or reverse-engineer the Software.
9. Your Responsibilities. In addition to the other terms and conditions set forth in this License, You are responsible for providing and maintaining all equipment necessary to install and properly use the Software, including, without limitation, computer hardware and software, avionics, modems, and telephone and/or network services.
10. Promotional Materials. You agree that Licensor may publicly reference You by Your name and any aircraft in which Software is used. This may include public customer references such as printed literature and public website(s).
11. U.S. Government Restricted Rights: This Software and documentation are provided with RESTRICTED RIGHTS. If used or acquired by the Government, the Government acknowledges that (a) the Software constitutes "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-3, as applicable, and (b) the Government's rights are limited to those specifically granted to You, the licensee, pursuant to this Agreement.
12. Export Controls. The Software and all underlying information and technology is subject to U.S. export controls, including the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws, both foreign and domestic.
13. Termination. Licensor may terminate this License if You fail to comply with the terms of this License or any applicable agreement relating to professional or other services Licensor may provide to you. You may terminate this License at any time by notifying in writing Licensor, removing from or destroying all hard drives, networks, and other storage media containing any copies of the Software. Upon any termination, You must remove the Software from your computer equipment and destroy all originals and copies of the Software in your possession. The following sections shall survive for seventy years any termination of this agreement and shall be effective in accordance with their terms: 4, 5, 8, and 11 through 18.
14. Indemnity. You agree to indemnify, hold harmless and defend Licensor, at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Licensor arising out of or relating to your (a) violation or breach of any term of this License, or (b) use or misuse of the Software.
15. Refunds. You may terminate the License within thirty (30) days of purchase to receive a refund, less processing expenses. The refund is not transferable and will be given to the original purchaser in the same form of payment that was originally made. Licensor's payment of the refund constitutes termination of the Agreement as described in Section 13.
16. Disclaimer of Warranties. THE SOFTWARE IS PROVIDED "AS IS" AND YOU ASSUME ALL RISK WITH ITS INSTALLATION, CONFIGURATION AND USE. THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY LICENSOR, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FURTHER, LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, ACCURATE, COMPLETE, OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SOFTWARE AND ANY ASSOCIATED SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
17. Limitation of Liability. YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF THE SOFTWARE (INCLUDING WITHOUT LIMITATION POTENTIAL ENGINE DAMAGE AND/OR DEATH DUE TO INCOMPLETE OR INCORRECT DATA). IN NO EVENT SHALL LICENSOR BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR COVER OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR PERFORMANCE OF ANY RELATED SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS REQUIRED BY STATE LAW, LICENSORS'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 LICENSE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO LICENSOR FOR THE USE OF THE SOFTWARE. YOU HEREBY RELEASE LICENSOR FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
18. General Provisions. The terms set forth in this License and any related service agreements constitute the final, complete and exclusive agreement with respect to the Software and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this License shall nonetheless remain in full force and effect. Any term of this License may be amended and the observance of any term may be waived only with the written consent of the parties. The failure of Licensor at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This License shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its conflict of law rules. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Licensor must be filed within one (1) year after such claim or cause of action arose or it will be forever barred. The provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply. If You have any questions concerning this License, please direct all correspondence to Licensor.