License Agreement

The following statement must be read and agreed with before you can install this Software Product (PEMPro).

IMPORTANT, PLEASE READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SIRIUS-IMAGING (RAY GRALAK) BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU ARE AGREEING UNCONDITIONALLY TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, EVEN IF THIS LICENSE AGREEMENT IS DEEMED A MODIFICATION OF ANY PREVIOUS ARRANGEMENT OR CONTRACT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE PRODUCT.

1. For the purposes of this License Agreement, "Software", "Software Product" , or "Software Patch" refers to the computer software and associated media, printed materials, and "online" or electronic documentation, including any and all executable files, tutorials, help files, utilities, and other files that accompany this product.

The Software Product is owned by Sirius-Imaging (Ray Gralak) and is protected by United States copyright laws, international copyright treaties, and all other applicable national laws. Title, ownership rights, and intellectual property rights in and to the software shall remain with Sirius-Imaging (Ray Gralak). The Software Product is licensed, not sold. There is no transfer to you of any title to or ownership of the Software, and this license shall not be construed as a sale of any right in the Software.

2. Other Restrictions. You may not reverse engineer, decompile, or disassemble the Software Product or make any attempt to discover the source code to the Software Product. Except as expressly permitted in this License Agreement or with written permission from Sirius-Imaging (Ray Gralak), the Software may not be used, copied, redistributed, retransmitted, published, sold, rented, leased, marketed, sublicensed, assigned, transferred, altered, or modified.

3. You may install only one trial license per household or business for evaluation purposes.

4. For business use one full license must be purchased for each personal computer that PEMPro is installed on and can be used only on equipment owned by that same business.

5. For individual (personal) use the license entitles you to install and operate on any number of your OWN personal computers for use ONLY on telescope equipment that YOU personally own.

6. Liability. THERE IS NO WARRANTY FOR THE SOFTWARE PRODUCT, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE SOFTWARE PRODUCT "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 SOFTWARE PRODUCT IS WITH YOU. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

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 SOFTWARE PRODUCT 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 SOFTWARE PRODUCT (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 SOFTWARE PRODUCT TO OPERATE WITH ANY OTHER SOFTWARE PRODUCTS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

I have read and agree to the terms of the license agreement as set forth above.

Copyright © 2004-2008, Ray Gralak (Sirius-Imaging)