Earth Explorer 2018

EULA - End User License Agreement

EARTHEXPLORER END USER LICENSE AGREEMENT
Motherplanet, Inc.
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND MOTHERPLANET. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE "CANCEL" BUTTON, DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.

1. Definitions
(a) "Motherplanet" means Motherplanet, Inc. and its suppliers and licensors, if any.
(b) "Not For Resale (NFR) Version" means a version of the Software, so identified, to be used to review and evaluate the Software, only.
(c) "Software" means the Earth Explorer software program supplied by Motherplanet herewith, which may also include documentation, associated media, printed materials, and online and electronic documentation.

2. License
This EULA allows you to:
(a) Install and use the Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. A license for the Software may not be shared or used concurrently on different computers.
(b) Make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.

3. License Restrictions
(a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
(b) You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) You may not rent, lease, or sublicense the Software.
(d) You may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and the serial numbers), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software. You may not sell or transfer any Software purchased under a volume discount.
(e) You may not modify the Software or create derivative works based upon the Software.
(f) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations hereunder.
(g) In the event that you fail to comply with this EULA, Motherplanet may terminate the license and you must destroy all copies of the Software.

4. Upgrades
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is pursuant to Section 3.

5. Ownership
The foregoing license gives you limited license to use the Software. Motherplanet retain all right, title and interest, including all copyrights, in and to the Software and all copies thereof. Motherplanet reserves all rights not specifically granted in this EULA, including International Copyrights.

6. DISCLAIMER OF WARRANTY AND LIABILITY
USER EXPRESSLY AGREES THAT USE OF THE SOFTWARE AND THE SITE IS AT THE USER'S SOLE RISK. THE SOFTWARE AND THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS, OR OTHERWISE. NEITHER MOTHERPLANET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SOFTWARE OR THE SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SOFTWARE OR THE SITE OR INABILITY TO USE THE SOFTWARE OR THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED UPON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS CONDUCT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR THE SITE.

NOTWITHSTANDING THE FOREGOING, THE TOTAL AMOUNT OF EARTHNAVIGATOR'S LIABILITY TO USER SHALL BE LIMITED TO THE AMOUNT USER PAID FOR THE USE OF THE SOFTWARE AND THE SITE, IF ANY.

7. Exclusive Remedy
Your exclusive remedy under Section 6 is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Motherplanet will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. Motherplanet shall have no responsibility if the Software has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration.

8. General Provisions
This EULA shall be governed by the international laws, without giving effect to principles of conflict of laws. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this EULA shall be directed to: sales@motherplanet.com.

9. Third Party Software
(a) Solaris, Java, and all Java-based trademarks and logos are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. or other countries, and are used under license.
(b) Microsoft, Windows NT, and the Microsoft Internet Explorer logo are registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.
(c) Netscape and Netscape Navigator are registered trademarks of Netscape Communications Corporation in the United States and other countries. Netscape's logos and Netscape product and service names are also trademarks of Netscape Communications Corporation, which may be registered in other countries.
(d) Copyright (C) by Motherplanet and its Licensors. All Rights Reserved.

Motherplanet and Earth Explorer are trademarks or registered trademarks of Motherplanet. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.