2. Licensee may not modify the classes contained
within the package or any subpackages.
3. Restrictions. Software is confidential
copyrighted information of VSSD and title to all copies is retained by VSSD and/or its
licensors. Licensee shall not modify, decompile, disassemble, decrypt, extract, or
otherwise reverse engineer Software. Software may not be leased, assigned, or sublicensed,
in whole or in part. Software is not designed or intended for use in on-line control
of aircraft, air traffic, aircraft navigation or aircraft communications; or in the
design, construction, operation or maintenance of any nuclear facility. Licensee warrants
that it will not use or redistribute the Software for such purposes.
4. Disclaimer of Warranty. Software is provided
"AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS
AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
5. Limitation of Liability. VSSD AND ITS
LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A
RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL VSSD OR ITS LICENSORS BE
LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE
THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF
VSSD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Termination. Licensee may terminate this
License at any time by destroying all copies of Software. This License will terminate
immediately without notice from VSSD if Licensee fails to comply with any provision of
this License. Upon such termination, Licensee must destroy all copies of Software.
7. Export Regulations. Software, including
technical data, is subject to U.S. export control laws, including the U.S. Export
Administration Act and its associated regulations, and may be subject to export or import
regulations in other countries. Licensee agrees to comply strictly with all such
regulations and acknowledges that it has the responsibility to obtain licenses to export,
re-export, or import Software. Software may not be downloaded, or otherwise exported or
re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea,
Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S.
Commerce Department's Table of Denial Orders.
8. Restricted Rights. Use, duplication or
disclosure by the United States government is subject to the restrictions as set forth in
the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1)
(ii) and FAR 52.227-19(c) (2) as applicable.
9. Governing Law. Any action related to this
License will be governed by Florida State law and controlling U.S. federal law. No choice
of law rules of any jurisdiction will apply.
10. Severability. If any of the above provisions
are held to be in violation of applicable law, void, or unenforceable in any jurisdiction,
then such provisions are herewith waived to the extent necessary for the License to be
otherwise enforceable in such jurisdiction. However, if in VSSD's opinion deletion
of any provisions of the License by operation of this paragraph unreasonably compromises
the rights or increase the liabilities of VSSD or its licensors, VSSD reserves the right
to terminate the License and refund the fee paid by Licensee, if any, as Licensee's sole
and exclusive remedy.