SmartSDR™ for Windows EULA

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SmartSDR™ for Windows EULA 2016-10-12T20:02:22+00:00

SmartSDR™ for Windows End User License Agreement

Revised: September 4, 2014
Version: 1.1

This copy of SmartSDR for Windows (“the Software Product”) and accompanying documentation is licensed and not sold. The Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Bronze Bear Communications, Inc., d/b/a FlexRadio Systems, or its subsidiaries, affiliates, and suppliers (collectively “FlexRadio Systems”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product 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 SELECTING THE “ACCEPT” OPTION AND INSTALLING THE SOFTWARE PRODUCT OR BY DOWNLOADING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO INSTALL 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
FlexRadio Systems grants to you, and you accept, a limited, non-exclusive and revocable license to use the Software Product, in machine-readable, object code form only. You shall only use the Software Product only as authorized in this Agreement. This Agreement does not convey to you any ownership rights or any other interest in the Software Product. This Agreement entitles you to install the Software Product on any number of computers for exclusive use with FlexRadio Systems’ software defined radios (“SDRs”). In addition, you may make archival copies of the Software Product. The archival copies may be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement permits the installation or use of multiple copies of the Software Product, and the installation of the Software Product on more than one computer at any given time, on a system that allows shared use of applications, on a multi-user network, and on any configuration or system of computers that allows multiple users.

Term
This Agreement will become effective on the date you acquire the Software Product and will remain in force until terminated. You may terminate the license, at any time, by removing the Software Product from all of your computers and destroying the original Software Product. This License will automatically terminate if you breach any of the terms or conditions set out in this Agreement. Upon termination of this Agreement for any reason, you shall immediately cease all use of the Software product, remove the Software Product from all of your computers, and either destroy the original Software Product and all copies of the Software or return the Software to FlexRadio Systems at your own cost.

Right to Install
You shall install the Software Product ONLY on computers that you own or on a computer which you have been given explicit verbal or written permission to install from the computer owner.

Restrictions on Transfer
Without first obtaining the express written consent of FlexRadio Systems, 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
Except to the extent expressly permitted by applicable law, You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the intellectual property or source code for the Software Product. The Software Product may only be used with unmodified FlexRadio Systems’ software defined radio (SDR) hardware. Use of the Software Product with any other hardware or in conjunction with any other non-FlexRadio Systems software product that interfaces, communicates or emulates FlexRadio Systems’ SDR hardware is prohibited and constitutes a breach of the Agreement. You may not use the Software product in any manner to develop, or assist any third party in developing, any product that competes with 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.

Limited Software Product Warranty
For a period of thirty (30) days from the date of shipment or from the date that you download the Software Product, as applicable, FlexRadio Systems warrants that when properly installed and used under normal conditions, the Software Product will perform substantially as advertised.

Limited Storage Medium Warranty
For a period of ninety (90) days from the date of shipment or from the date that you download the Software Product, as applicable, FlexRadio Systems warrants that when properly installed and used under normal conditions, the storage medium on which the Software Product is shipped will be free of material defects in material and workmanship.

Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY FLEXRADIO SYSTEMS, FLEXRADIO SYSTEMS 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.

FlexRadio Systems makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. FlexRadio Systems 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. FLEXRADIO SYSTEMS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER, CONNECTED HARDWARE OR INFORMATION STORAGE DEVICE.

High Risk Activities. The Software Product is not fault-tolerant and is not designed, manufactured or intended for use or resale in hazardous environments requiring fail-safe performance, including without limitation the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support, ambulance, or search and rescue, in which the failure of the Software Product could lead directly to death, personal injury, or severe physical or environmental damage. FlexRadio Systems and its suppliers specifically disclaim any express or implied warranty or liability for such activities.

UNDER NO CIRCUMSTANCES SHALL FLEXRADIO SYSTEMS, 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, SUPPORT OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF FLEXRADIO SYSTEMS OR ANY OTHER PARTY, EVEN IF FLEXRADIO SYSTEMS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS FLEXRADIO SYSTEMS’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 FlexRadio Systems. FlexRadio Systems reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If FlexRadio Systems 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 the applicable warranty period. 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 FlexRadio Systems 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 FlexRadio Systems harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Texas, without regard to Texas’s conflict or choice of law provisions. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any civil action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Texas in Travis County or the United States District Court, Western District of Texas, Austin Division. You and FlexRadio Systems consent to the jurisdiction of such court in any such civil action or legal proceeding and waive any objection to the laying of venue of any such civil action or legal proceeding in such court.

Severability
If any provision of this Agreement shall be held to be invalid or unenforceable by a court of competent jurisdiction, 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.

Complete Agreement
This Agreement constitutes the entire agreement between you and FlexRadio Systems with respect to the use of the Software Product licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by FlexRadio Systems. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.

Compliance with Law.
You will comply with all applicable laws and regulations in Your use of the Software Product. In the event that You are located outside of the United States, or the computer You are operating is running on a network located outside of the United States, You agree to comply with any laws, rules or regulations in your locale or in the location of your computer/server regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

API License

This copy of the FlexRadio Systems API (the API”) and accompanying documentation is licensed and not sold. The API is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Bronze Bear Communications, Inc., d/b/a FlexRadio Systems, or its subsidiaries, affiliates, and suppliers (collectively “FlexRadio Systems”) own intellectual property rights in the API. The Licensee’s (“you” or “your”) license to download and use the API is subject to these rights and to all the terms and conditions of this API License Agreement (“Agreement”).

Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND/OR INSTALLING THE API AND/OR BY DOWNLOADING, USING, OR COPYING THE API. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU INSTALL OR USE THE API. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU WILL HAVE NO LICENSE TO, AND YOU MUST NOT INSTALL, USE, OR COPY, THE API.

1. THE APPLICATION
1. Overview of the FlexRadio Systems API Package and License Grant. The FlexRadio Systems API Package consists of a package or suite of different applications programmer’s interfaces (hereinafter referred to for convenience as “the API” whether You access one or multiple interfaces) that will allow third party hardware or software to directly interface with FlexRadio transceiver hardware and/or FlexRadio Systems SmartSDR software. Subject to the terms and restrictions set forth in this Agreement, FlexRadio Systems grants You a limited, non-exclusive, non-transferrable and non-sub licensable license for the sole purpose of embedding the API and underlying content into your software so that Your software and/or application can interface directly with FlexRadio Systems devices and/or software. In order to use and access the API, You may be required to register for an API account (“Account”) with FlexRadio. If registration is required, then (a) after completing your registration, which includes a description of your application and its value proposition, and agreeing to this Agreement, You will be issued an electronic Key that is uniquely assigned to You and associated with the application, (b) Your Application must import the FlexRadio API using an HTML “script” tag that contains this Key, And (c) FlexRadio Systems will block any requests with an invalid Key or invalid URL.

2. Updates and Modifications. FlexRadio Systems may, at its sole discretion, release subsequent versions of the FlexRadio API and underlying data and require You to obtain and use the most current version. FlexRadio may also release subsequent versions of the SmartSDR software, in which case the software programs You have created using the API may no longer operate and would require modifications by You in order to continue interoperation. In addition, FlexRadio may modify this Agreement at any time with or without notice. You can always review the most updated version of this Agreement online at http://www.flexradio.com/smartsdr-eula/. If a subsequent version is unacceptable to You, You may cancel the API at any time by simply deleting the FlexRadio API from Your product. If You continue to use the API on Your product, You will be deemed to have accepted any modifications.

3. Restrictions on Use.
1. You have no rights with respect to the API or any portion thereof and shall not use the API or any portion thereof except as expressly set forth herein. Without limiting the generality of the foregoing, You agree not to (i) modify or create derivative works of the API; (ii) sublicense, lease, rent, assign, distribute, repackage, rebrand, or otherwise transfer or disclose the API, any portion thereof or any documentation to any third party; (iii) use the API on or in connection with any website or application other than the specific URL(s) and/or applications provided to FlexRadio at the time You registered for the API; or (iv) cause, assist or permit any third party (including an end-user) to do any of the foregoing.
2. Except to the extent expressly permitted by applicable law, You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the intellectual property or source code for the API or the SmartSDR software. You may not use the API or the SmartSDR software in any manner to develop, or assist any third party in developing, any product that competes with the API or the SmartSDR software.
3. You will not use the API to create or disseminate, or assist in the creation or dissemination, of any virus, Trojan horse, back door or other code that would permit unauthorized access to or use of other software or radios or otherwise cause harm, damage or interfere with the operation of any other software or radios.
4. Specifically excluded from the license set forth in this Agreement are any uses or operation of the API in connection with (i) any Internet site other than the URL(s) provided in Your registration; and (ii) any products, systems, applications or hardware other than devices manufactured by FlexRadio or any of its subsidiaries.
5. You agree to be fully responsible for your own conduct and content while using the API, and for any consequences thereof. You agree to use the API only for purposes that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the API, You will not:

  • upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the Rights or have the permission of the owner to post such Content;
  • use the API for any illegal or unauthorized purpose;
  • remove or alter any copyright, trademark or other proprietary rights notices contained in the API or any other FlexRadio Systems content
  • submit content that falsely expresses or implies that such content is sponsored or endorsed by FlexRadio Systems; or
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

You will comply with all applicable laws and regulations in Your use of the Software Product. In the event that You are located outside of the United States, or the computer You are operating is running on a network located outside of the United States, You agree to comply with any laws, rules or regulations in your locale or in the location of your computer/server regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

4. Termination of Use. FlexRadio Systems hereby reserves all rights to discontinue Your access to the API and the underlying content at any time, at FlexRadio’s sole discretion, for any reason, with or without notice.

2. DISCLAIMER OF WARRANTIES
1. YOUR USE OF THE API IS AT YOUR SOLE RISK. THE API IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLEXRADIO SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. FLEXRADIO MAKES NO WARRANTY THAT (i) THE API WILL MEET YOUR REQUIREMENTS, (ii) USE OF THE API WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND/OR THAT (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE API IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/NETWORK, TRANSCEIVER OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR THE USE OF THE API. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY THIRD PARTY’S COMPUTER SYSTEM/NETWORK, TRANSCEIVER OR ANY LOSS OF DATA THAT MAY RESULT FROM ACCESS TO OR USE OF THE SOFTWARE YOU CREATE AS A RESULT OF YOUR USE OF THE API.

3. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLEXRADIO SYSTEMS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FLEXRADIO SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE API; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE API, INCLUDING WITHOUT LIMITATION THIRD PARTY DAMAGES AS A RESULT OF SUCH THIRD PARTY’S USE OF YOUR SOFTWARE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 3 and 4 may not apply to you.

4. INDEMNIFICATION
FlexRadio Systems shall indemnify, hold harmless and defend You against any action brought by a third party against You to the extent that such action is based on a claim that the unmodified API, when used in accordance with this Agreement, infringes a United States copyright and FlexRadio Systems shall pay all costs, settlements and damages finally awarded as a result of such claim; provided, that You promptly notify FlexRadio Systems in writing of any claim, give FlexRadio sole control of the defense and settlement thereof and provide all reasonable assistance in connection therewith. If the API is finally adjudged to so infringe, or in FlexRadio’s opinion is likely to become the subject of such a claim, FlexRadio shall, at its option, either:

a. procure for You the right to continue using the API,
b. modify or replace the API to make it non-infringing, or
c. terminate this Agreement and Your rights to use the API.

FlexRadio shall have no liability regarding any claim arising out of: (w) use of other than a current, unaltered release of the API, unless the infringing portion is also in the then current, unaltered release, (x) use of the API in combination with non-FlexRadio Systems software, data or equipment if the infringement was caused by such use or combination, (y) any modification or derivation of the API not specifically authorized in writing by FlexRadio, or (z) use of third party software. THE FOREGOING STATES THE ENTIRE LIABILITY OF FLEXRADIO SYSTEMS AND THE EXCLUSIVE REMEDY FOR LICENSEE RELATING TO INFRINGEMENT OR CLAIMS OF INFRINGEMENT OF ANY COPYRIGHT OR OTHER PROPRIETARY RIGHT BY THE API.
Except for the foregoing infringement claims, You shall indemnify and hold harmless FlexRadio Systems and their officers, agents and employees from and against any claims, demands, or causes of action whatsoever, including without limitation those arising on account of Your use of or modification or enhancement of the API or otherwise caused by, or arising out of, or resulting from, the exercise or practice of the license granted hereunder by You, Your Subsidiaries or their officers, employees, agents or representatives, including without limitation any claims arising as a result of any software created by You using the API. In such a case, FlexRadio Systems will provide You with written notice of such claim, suit or action.

5. INTELLECTUAL PROPERTY RIGHTS
1. “Intellectual Property Rights” shall mean any and all rights existing under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between You and FlexRadio Systems, You acknowledge that FlexRadio owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the API, including but not limited to the FlexRadio API and any data accessed by virtue of the FlexRadio API, and that You shall not acquire any right, title, or interest in or to the API, except the limited license expressly set forth in this Agreement.
2. Trademarks. Unless specifically agreed in writing, You have no right to use any Trademarks of FlexRadio Systems for any purpose; provided, however, that You are permitted to discuss, both verbally and in writing, your use of the API and the software you create that interoperates with the SmartSDS software. Notwithstanding the foregoing, statements implying endorsement of Your software by FlexRadio or disparaging statements about the API, SmartSDS or FlexRadio are prohibited and would be deemed a breach of this Agreement. For purposes of this Agreement, “Trademarks” shall be defined as the trademarks, trade names, logos, domain names, along with any other distinctive brand features of each party. Except as set forth in this Section 5, nothing in this Agreement shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party’s Trademarks.
3. Attribution of FlexRadio System’s Third Party Data Providers. Some images accessible by You by virtue of the API may contain the trade names, trademarks, logos, domain names, and other distinctive brand features of FlexRadio and its third party data providers. You may not delete or in any manner alter these trade names, trademarks, logos, domain names, and other distinctive brand features.

6. TERM AND TERMINATION
1. Term. The term of this Agreement shall commence on the date upon which You download the API and agree to this Agreement and shall continue in force thereafter, unless terminated as provided herein.
2. Termination. FlexRadio Systems may change, suspend or discontinue all or any aspect of the API, including its availability, at any time, and may suspend or terminate Your use of the API at any time. In addition, either party may terminate this Agreement at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on FlexRadio or otherwise disparages or devalues the FlexRadio trademarks or FlexRadio’s reputation or goodwill. If You desire to terminate this Agreement, You must remove the API, and any code created therefrom, from Your product.
3. Effect of Termination. Upon the termination of this Agreement for any reason (i) all license rights granted herein shall terminate; (ii) You shall immediately delete any and all images and FlexRadio Trademarks; and (iii) You shall immediately cease all use of the API.
4. Survival. In the event of any termination or expiration of this Agreement for any reason, Sections 1.2, 1.3 and two through seven (2-7) shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating this Agreement in accordance with its terms.
5. Equitable Remedies. You acknowledge that Your breach of API/license restrictions contained herein may cause irreparable harm to FlexRadio Systems. Accordingly, You agree that, in addition to any other remedies to which FlexRadio may be legally entitled, FlexRadio Systems shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.

7. MISCELLANEOUS TERMS
1. Entire Agreement. This Agreement constitute the entire agreement between You and FlexRadio Systems with respect to the subject matter hereof and govern your use of the API, superseding any prior agreements between You and FlexRadio related to the API. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other FlexRadio products or applications, affiliate applications, third-party content or third-party software.
2. Jurisdiction, Venue and Choice of Law. This Agreement and the relationship between You and FlexRadio shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and FlexRadio agree to submit to the personal and exclusive jurisdiction of the United States District Court for the District of Texas and the Texas state courts located in Travis County, Texas.
3. Severability and Waiver. The failure of FlexRadio Systems to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
4. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the FlexRadio API or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Portions of the software contained within the FLEX-6000 Signature Series transceiver are covered under the GNU General Public License (GPL).

GNU GENERAL PUBLIC LICENSE

Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Preamble
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software–to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation’s software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Lesser General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author’s protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors’ reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone’s free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The “Program”, below, refers to any such program or work, and a “work based on the Program” means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term “modification”.) Each licensee is addressed as “you”.
Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients’ exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and “any later version”, you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS

How to Apply These Terms to Your New Programs

If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.

To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the “copyright” line and a pointer to where the full notice is found.

one line to give the program’s name and an idea of what it does.

Copyright (C) yyyy name of author

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.

Also add information on how to contact you by electronic and paper mail.

If the program is interactive, make it output a short notice like this when it starts in an interactive mode:

Gnomovision version 69, Copyright (C) year name of author

Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w’. This is free software, and you are welcome to redistribute it under certain conditions; type `show c’ for details.

The hypothetical commands `show w’ and `show c’ should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w’ and `show c’; they could even be mouse-clicks or menu items–whatever suits your program.

You should also get your employer (if you work as a programmer) or your school, if any, to sign a “copyright disclaimer” for the program, if necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision’ (which makes passes at compilers) written by James Hacker.

signature of Ty Coon, 1 April 1989
Ty Coon, President of Vice

This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Lesser General Public License instead of this License.