Please review the license agreement and accept or decline the terms by clicking the appropriate link at the bottom of the agreement
The terms in this License Agreement set out the basis upon which you, the Licensee, are entitled to use Atlantis Software. If you use the Software, you are deemed to have accepted these terms.
EarthView Software License Agreement
THIS LICENSE IS GRANTED TO YOU ("Licensee") BY ATLANTIS SCIENTIFIC INC. ("Atlantis "), an Ontario corporation, located at 20 Colonnade Road, Nepean, Ontario, K2E 7M6, Canada. This License is subject to the observance of the following terms:
1.1 In this License "Software" shall mean a computer system made up of certain computer programs including any update or revision of the said computer programs system as provided by Atlantis ; and "Archive Copies" shall refer to one or more copies of the Software which are made consistent with prudent practice in the data processing industry and used only as permitted herein.
1.2 Atlantis grants to Licensee One (1) non-exclusive, transferable license during the term of this agreement to use the Software subject to the terms and conditions below. The Licensee is permitted to:
(a) Read the Software into the memory of a computer solely for the purpose of executing the Software;
(b) Read the Software onto a hard disk or other similar storage media in which case the Software in the original storage media shall be considered an Archive Copy;
(c) Copy the Software only for the purpose of making an Archive Copy;
(d) Use the Software only at One (1) personal computer and not in a network or multi-user file server;
(e) Transfer this license to another party only if Atlantis gives written permission to the Licensee after receiving written notice of the transfer and identity and contact information of the Transferee, who is now considered the new Licensee. The previous Licensee transfers the entire Software (including all Archive Copies; retaining no copies for any purpose) and License to the Transferee. The new Licensee is then bound by all terms in this Agreement.
1.3 The Licensee is not permitted to:
(a) Modify, merge, translate, decompile, decode, reverse engineer or otherwise alter the Software;
(b) Grant sublicenses, leases, or other rights to the Software to any third party;
(c) Use the Software for provision of data processing services to third parties;
(d) Use, copy or transfer any Archive Copy for any purpose other than that of providing a back-up copy of the Software; or
(e) Use, copy or transfer the Software, in whole or in part, except as expressly provided herein.
1.4 The Software contains Atlantis trade secrets and shall remain the sole and exclusive property of Atlantis. The Licensee confirms that its rights to possession and use of all copies of the Software are subject to the terms of this License. The Licensee agrees to maintain the Software and all parts thereof in confidence and to utilize its best efforts to protect the confidentiality of the Software from use or disclosure not authorized under this License. The Licensee agrees to reproduce and affix copyright or other proprietary notices to all copies of the Software in the same form as they appear in the original provided by Atlantis.
1.5 The term of this license is perpetual unless terminated earlier according to the terms of this Agreement. The Licensee may terminate its license hereunder by returning the Software together with all copies to Atlantis or destroying the Software together with all copies and certifying that destruction to Atlantis. Atlantis shall have the right to terminate this license effective on notice from Atlantis if the Licensee violates any of its provisions. Any such termination shall be effective on notice from Atlantis of the termination.
1.6 The Software permits the Licensee to manipulate and analyze certain images provided in certain standard formats. Contact Atlantis to determine if your image format is supported. The Licensee and any permitted user are aware that any user must apply judgement and reason to the interpretation of the results obtained. The Software is merely a tool to assist the user and not a substitute for the exercise of judgement or reason in applying or using the Software.
1.7 Atlantis warrants that for Thirty (30) days from the delivery of the Software that the Software will perform substantially in accordance with its published specifications and that the media upon which the Software is stored is not defective. In the event of a warranty claim, Licensee shall contact Atlantis and advise of the details of the problem and provide printouts and other material showing the media provided and copy of receipt (see also, 1.8). If the problem is legitimate, at Atlantis discretion, Atlantis will repair or replace the Software with Software which substantially conforms with Atlantis published documentation. Atlantis does not warranty the performance or operability of the software in all display environments. Atlantis provides the Software and all updates (if covered under Maintenance Agreement) to Licensee without any other warranty or commitment. Atlantis disclaims all other warranties, whether express or implied, including without limitation the warranties of merchantability and fitness for a particular purpose. Some jurisdictions do not allow the exclusion of certain implied warranties so in such jurisdictions, the above exclusion of implied warranties may not apply to Licensee. The limited warranty, below, gives Licensee specific legal rights. Licensee may also have other rights which vary from jurisdiction to jurisdiction.
1.8 Atlantis entire liability and the Licensee's exclusive remedy shall be the refunding of the License fee or the repair or replacement of any Software (pursuant to Atlantis limited warranty above) which is returned to Atlantis or an Atlantis Dealer with a copy of the License's receipt.
1.9 In no event will Atlantis or its Dealer be liable to the Licensee or any other person or firm for damages, including lost profits, lost anticipatory profits, loss of savings or other special, direct, indirect, incidental or consequential damages arising out of the use, misuse or inability to use or operate the Software even if Atlantis or its Dealer has been advised of the possibility of such damages. Some jurisdictions may not allow the exclusion or limitation of direct, indirect or consequential damages, so in such jurisdictions, part of the above limitation may not apply to the Licensee.
2.0 Beyond the term of the limited warranty above, Atlantis provides user support services and periodic updates to the Licensee on the Licensee making certain payments to Atlantis or its Dealer (through Maintenance Agreement terms, if purchased).
2.1 This License Agreement shall be construed and controlled by the laws of the Province of Ontario, Canada. This Agreement will insure to the benefit of and be binding upon the parties, their successors, administrators, heirs and assigns.
QAGR 013 - Page 1 of 1 - Revision 5 - August 14, 2001