End-User License Agreement ("EULA")
INTELLECTUAL PROPERTY RIGHTS
The enclosed software program named win|RTA Basic(tm), (the "Program"), and its related documentation, (the "Documentation"), are copyrighted and protected by the United States copyright laws and international treaty provisions. The Program and Documentation are the property of AcoustX and AcoustX retains all title and ownership to them. This license is applicable to win|RTA Basic only, and no other version of win|RTA.
The Program is available at http://www.acoustx.us.
The Program is available on a non-exclusive basis, free of charge for any peaceful, lawful purpose subject to the following limitations:
1. You may not sell or redistribute the Program.
2. You agree that you will neither assign, sublicense, translate, pledge, lease, rent, modify, reverse engineer, disassemble, alter, decompile the Program and the Documentation, make any attempt to discover the source code of the Program or create derivative works, nor use the Program or Documentation in any way not authorized by this EULA.
3. AcoustX may terminate this EULA upon the breach by you of any terms herein.
The Program is distributed on an as is basis, without warranty. AcoustX makes no representation or warranty, either expressed or implied, with respect to the Program, its accuracy, quality, or fitness for a specific purpose. AcoustX shall have no liability to the user, or to any other person or entity with respect to any liability, loss, or damage caused, or alleged to have been caused either directly or indirectly by the Program. This includes, but is not limited to, interruption of service, loss of data, time, or profits, or consequential damages resulting from the use of the Program.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Program is a commercial item as that term is defined in 48 C.F.R. 2.101, and consists of commercial computer software and commercial computer software documentation, as such terms are used in 48 C.F.R. 12.212. The Program is also commercial computer software as defined in 48 C.F.R. 252.227-7014(a) (1) and other sections of the Code of Federal Regulations. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government entities shall have only those rights, and shall be subject to all restrictions applying to all licensees under this EULA.
This EULA shall be governed by and construed and enforced in accordance with the laws of the State of California, U.S.A. Each party to this EULA hereby submits to the jurisdiction of the courts of the State of California, and to the federal courts of the United States for the Northern District of California, and agrees that all actions under this EULA shall be maintained in Sonoma County, California if in state court, or in San Francisco, California if in federal court, and both parties waive any objection to personal jurisdiction or venue. If any provision of this EULA is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of this EULA shall continue in full force and effect. The failure of either party to enforce any rights granted hereunder, or to take action against the other party in the event of any breach hereunder, shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
If either party brings any action under this EULA against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
(c) 2004-2019. AcoustX. All rights reserved. "win|RTA" is a trademark of AcoustX, www.acoustx.us. Should you have any questions concerning the EULA, please write: firstname.lastname@example.org.