Survey Validation API End User License Agreement (EULA)
This copy of the MagVAR Survey Validation API ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Magnetic Variation Services LLC or its subsidiaries, affiliates, and suppliers (collectively "MagVAR") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, clone, modify, alter or change the Software Product in any way is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
Acceptance
You accept and agree to be bound by the terms of this agreement by installing, using, or copying the software product. If you do not agree to all of the terms of this agreement, you must not install, use, or copy the software product.
License Grant
This Agreement entitles you the non-exclusive right to install and use the Software Product for a period of one year as a single user on a single computer. Paid licenses include all product upgrades for the licensed software modules for the entire validity of the license agreement period. Free licenses include all product upgrades that rectify software malfunction or deficiencies. However, free licenses may not provide access to certain product upgrades that introduce enhanced functionality.
Restrictions on Transfer
Without first obtaining the express written consent of MagVAR, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product.
Disclaimer of Warranties and Limitation of Liability
Unless otherwise explicitly agreed to in writing by MagVAR, MagVAR makes no other warranties, express or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose other than as set forth in this agreement or in the limited warranty documents provided with the software product.
MagVAR makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. MagVAR makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. You must determine whether the software product sufficiently meets your requirements for security and uninterruptability. You bear sole responsibility and all liability for any loss incurred due to failure of the software product to meet your requirements. Magvar will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device.
Under no circumstances shall MagVAR, its directors, officers, employees or agents be liable to you or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including lost revenues or profits or loss of business) resulting from this agreement, or from the furnishing, performance, installation, or use of the software product, whether due to a breach of contract, breach of warranty, or the negligence of MagVAR or any other party, even if MagVAR is advised beforehand of the possibility of such damages. To the extent that the applicable jurisdiction limits MagVAR's ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of MagVAR. MagVAR reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If MagVAR is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within thirty days of alleged product failure . All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by MagVAR to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold MagVAR harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Privacy
MagVAR may monitor license activity to protect its software products and servers from unauthorized use. Each time the application is run, the software will connect to the MagVAR servers to check the validity of the license, and this activity is automatically stored in the server logs. This step helps MagVAR to identify any unauthorized software use. MagVAR will treat all information gathered as the result of the licensing process as confidential information, which will not be shared, distributed or sold in any way.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Colorado, without regard to Colorado's conflict or choice of law provisions. Proper venue shall be the City and County of Denver.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.