Aves Tree Navigator version 1.3

AVES COMMERCIAL LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY
This License Agreement and limited warranty constitutes a legal agreement ("License  Agreement") between you (either as an individual or a single entity) and Aves I/S (Aves) for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.  If you do not agree with the terms and conditions of the License Agreement, you must promptly delete all copies of the Software . Upon your acceptance of the terms and conditions of the License Agreement, Aves grants you the right to use the Software in the manner provided below.

This Software is owned by Aves or its suppliers, and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of the License Agreement.

Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation.  You may not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding  this limitation.

 

ADDITIONAL LICENSE TERMS FOR TREE NAVIGATOR

Aves grants you a license to install and use this software on all Internet/Intranet sites under the sole control and ownership of the licensee.

For example, a company which has several domains on the Internet may use the same license for all the domains, whereas a company which hosts or designs domains for other custumors must obtain a license for each of the domains for which the software is used.

 

LIMITED WARRANTY 

Aves warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. Aves and its suppliers’ entire liability and your exclusive remedy shall be, at Aves's option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet Aves Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AVES OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.

 

HIGH RISK ACTIVITIES: The Software is not designed, manufactured or intended for use as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Aves and its suppliers specifically disclaim any express or implied warranty of fitness for such High Risk Activities.