ALTO COMPUTER SYSTEMS INC. - Aviation Maintenance Tracking System (AMTS), AND SOFTWARE RELATED COMPONENTS.
END-USER LICENSE AGREEMENT FOR ALTO COMPUTER SYSTEMS INC. SOFTWARE
IMPORTANT-READ CAREFULLY: This Alto Computer Systems End-User License
Agreement ("EULA") is a legal agreement between you (either an individual or a
single entity) and Alto Computer Systems Inc. for the Alto Computer Systems
Inc. software product(s) identified above which may include associated software
components, media, printed materials, and "online" or electronic documentation
("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE
PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree
to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows:
* Installation and Use. Alto Computer Systems Inc. grants you the right to install and use copies of the SOFTWARE PRODUCT on your computers running validly licensed copies of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows 98; Windows NT(r), Windows XP, Macintosh, etc.].
* Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
* Components. Certain software components of the SOFTWARE PRODUCT are subject to the following additional provisions:
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT.
* Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third parties.
* Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
* Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
* Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
* Support Services. Alto Computer Systems Inc. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Alto Computer Systems Inc. polices and programs described in the user manual, in "on line" documentation and/or other Alto Computer Systems Inc.-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Alto Computer Systems Inc. as part of the Support Services, Alto Computer Systems Inc. may use such information for its business purposes, including for product support and development. Alto Computer Systems Inc. will not utilize such technical information in a form that personally identifies you.
* Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION. Without prejudice to any other rights, Alto Computer Systems Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.
4. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Alto Computer Systems Inc. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Alto Computer Systems Inc..
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Alto Computer Systems Inc. /1444 Laurel Road./Sidney, B.C., V8L 5K8, Canada
6. NOTE ON FAULT TOLERANCE. The Software Product is not fault tolerant and is not designed, manufactured, or intended for use or resale 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 Java technology could lead directly to death, personal injury, or severe physical or environmental damage.
8. NO WARRANTIES. Alto Computer Systems Inc. expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
9. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Alto Computer Systems Inc. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Alto Computer Systems Inc. has been advised of the possibility of such damages. In any case, Alto Computer Systems Inc.'s entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or CAD$1.00; provided however, if you have entered into a Alto Computer Systems Inc. Support Services Agreement, Alto Computer Systems Inc.'s entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, your are not authorized to use this software if this does not apply to you.
This EULA is governed by the laws of the Province of British Columbia, Canada
Should you have any questions concerning this EULA, or if you desire to contact Alto Computer Systems Inc. for any reason, please contact Alto Computer Systems Inc., or write: Alto Computer Systems Inc. 1444 Laurel Road, Sidney, B.C., V8L 5K8, Canada