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Something’s in the Air

 

DELPHI INTERNATIONAL SOFTWARE, INC. END USER SOFTWARE LICENSE AGREEMENT

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING DELPHI INTERNATIONAL SOFTWARE: BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING DELPHI INTERNATIONAL SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. ANY SOFTWARE PROVIDED ALONG WITH THE SOFTWARE THAT IS ASSOCIATED WITH A SEPARATE END-USER LICENSE AGREEMENT IS LICENSED TO YOU UNDER THE TERMS OF THAT LICENSE AGREEMENT.

DELPHI INTERNATIONAL provides this Software and licenses, not sells, its use to you, the licensee, pursuant to the following terms. (References to "you" mean the licensee, references to "DELPHI" mean Delphi International Software, Inc., references to the "Software" mean the software programs, including original graphic designs, multimedia animations, movies, videos, graphical user interface navigation design, 3D geo-spatial models, and any other enhancements to the software which you hereafter may acquire from DELPHI unless such acquisition is subject to another written license agreement.

You assume responsibility for the selection of the Software to achieve your intended results. Further, you are responsible for the installation, use and results obtained from the Software.

License

(1)

DELPHI grants to you a nonexclusive and royalty-free license, subject to these sections (1) through (7) and the other provisions hereof:

 

(a)

to use (if applicable) to publicly display the Software in an interactive computer exhibit in the Visitors Centers of Lassen Volcanic, Yosemite, and Sequoia/Kings Canyon National Parks; and

 

(b)

to use on computers at the Visitors Centers of Lassen Volcanic, Yosemite, and Sequoia/Kings Canyon National Parks the Software included in the medium of this package; and

 

(c)

To use (if applicable) to publicly display the Software on a National Park Service Naturenet web site as designated by the Air Resources Division of the National Park Service; and

(2)

You may not rent, lease, sell, sublicense, assign, or otherwise transfer the Software to any third party.

(3)

You agree not to reproduce, modify, make derivative works of, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software. You may not copy the Software except as necessary to use it on computers described in section (1) above or for backup purposes. You agree that any such copies of the Software shall contain the same proprietary notices or legends placed on or within the Software. Without Delphi’s prior written permission, you shall not excerpt modular sections of the Software for separate public display on computers for exhibit purposes or other uses.

(4)

You may not market or distribute any product that materially emulates the functionality of the Software.

(5)

Title to and ownership of the Software, related documentation and any reproduction thereof shall remain with DELPHI and its suppliers and the trademarks are the property of such trademark owners. Except as stated in section (1) above, this Agreement does not grant to you any right (whenever by license, ownership or otherwise) in or to patents, copyrights, trade secrets, trade names, trademarks or any other intellectual property right with respect to the Software.

(6

You will not export or re-export the Software without the appropriate United States or foreign government licenses.

(7)

You agree to use the Software only as authorized in this License Agreement. Without Delphi’s prior written permission to the contrary, a valid license must be purchased to use and publicly display the Software in any location other than as permitted by this License Agreement. Delphi reserves all rights not expressly granted to you. Your adherence to this License Agreement will allow Delphi International Software, Inc. to continue developing innovative and useful products and providing a high level of customer service and support.

COPYRIGHT

THE SOFTWARE IS COPYRIGHTED AND, EXCEPT AS PERMITTED BY THIS AGREEMENT, YOU MAY NOT DUPLICATE THE SOFTWARE OR DISCLOSE IT TO ANY OTHER PARTY.

TERM

This Agreement is effective upon the date you acquire the Software; breaking the seal on the package containing the Software; installing or manipulating the Software on any computer hardware, and shall remain in force until terminated. You may terminate it voluntarily at any time by removing the Software from public display and destroying the original Software and all copies. DELPHI may terminate this Agreement without notice upon your failure to abide by this Agreement. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damage, and DELPHI's proprietary rights shall survive termination.

LIMITED WARRANTY

(1)

DELPHI warrants to you that each medium contained in this package (e.g. CD-ROM, DVD) is free from defects in materials and workmanship and also warrants that it will replace any defective medium at no charge to you, if any such defective medium is returned to DELPHI within ninety (90) days. (Any such return should be made to DELPHI at the address on this Agreement, "Attention: Software Marketing", together with a written notification of the defect.)

(2)

YOU AGREE THAT THE SOFTWARE IS PROVIDED AND LICENSED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DELPHI AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH REGARD TO THE SOFTWARE. YOU BEAR THE ENTIRE RISK RELATING TO THE QUALITY OF THE SOFTWARE AND, IF THE SOFTWARE PROVES TO HAVE ANY DEFECTS, YOU ASSUME THE COST OF ANY NECESSARY SERVICING OR REPAIRS.

LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DELPHI OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFIT, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF DELPHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notice to Government End Users

The Software is a "commercial item," as that term defined at 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.

THIS AGREEMENT SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF CALIFORNIA.

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© 2003 Delphi International. All Rights Reserved.