End User License Agreement
1. Under this End User License Agreement (the "Agreement"), HRD Software LLC (the "Vendor") grants to the user (the "Licensee") a non-exclusive and non-transferable license (the "License") to use Ham Radio Deluxe (the "Software").
2. "Software" includes the executable computer programs and any related printed, electronic and online documentation, and any other files that may accompany the product.
3. The original purchaser of this Software is the "Licensee."
4. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity by any means. The Licensee may not share or make available the Software for any third parties. A single copy may be made for backup purposes only.
5. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the source code and the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
6. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
7. This Software, in all versions - past, present, or future - may only be distributed by HRD Software, LLC or its authorized distributors for use by Radio Amateurs as Licensees.
8. Failure to comply with any of the terms under this Agreement will be considered a material breach of this Agreement and can result in revocation of the License to use the Software without refund, notification, or other considerations.
9. The original purchase price paid by the Licensee will constitute the entire License fee and is the full consideration for this Agreement.
Limitation of Liability
10. The Software is provided by the Vendor and accepted by the Licensee "as is." Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
11. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
12. The Vendor does not warrant that use of the Software will be error-free. The Licensee accepts that software in general is prone to bugs and flaws.
Warrants and Representations
13. The Vendor warrants and represents that it is the copyright holder of the Software for all versions past, present and future. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.
Entitlements and User Support
14. To the extent that it is technically feasible to do so, this License entitles the Licensee to (a) run any version of Ham Radio Deluxe past, present, & future, (b) bug fixes perpetually, (c) all new features introduced within 12 months of the date of purchase, and (d) direct access to our tech support up to 12 months of the date of purchase.
Beyond 12 months from the original purchase, Licensees have the option to purchase a RENEWAL of New Features & Support benefits. This entitles the Licensee to (c) all new features introduced within 12 months of the date of the renewal purchase, and (d) direct access to our tech support up to 12 months from the date of the renewal purchase.
Explicitly, this License does not entitle the Licensee to new features and technical support, beyond the terms of these 12-month periods at no cost. New applications may require an additional purchase.
15. During the period in which the Licensee is entitled technical support, it is available 9 AM - 6 PM EST Monday - Friday via contact methods found the the Vendor's primary website.
16. The Software may be activated onto up to five computers concurrently using the software activation key and primary callsign assigned to the Licensee.
17. The term of this Agreement will begin on Acceptance and is perpetual.
18. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") upon the installation of the Software.
19. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement, is in breach of this Agreement, or where a refund was requested by the Licensee and granted by the Vendor. On termination of this Agreement, the Licensee will promptly uninstall and remove the Software from all computers and discontinue its use.
20. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
21. The Parties to this Agreement submit to the jurisdiction of the courts of the State of Florida for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Florida.
22. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
23. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
24. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
25. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
26. This End User License Agreement retroactively replaces pre-existing versions of the End User License Agreement for all previous versions of the Software.
27. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
28. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.
29. All notices to the Vendor under this Agreement are to be provided at the following address: HRD Software, LLC, 4261 E University Dr Ste 30-183, Prosper, TX 75078-9152.